TERMS OF SERVICE
THESE TERMS OF SERVICE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU, THE ACCOUNT HOLDER OR AUTHORIZED USER, AND EVOTRUX INC. THE TERMS OF SERVICE GOVERN YOUR USE OF THE EVOTRUX SERVICES, OUR WEBSITE, MOBILE APPLICATION AND ANY OF OUR CONTENT. BY SUBSCRIBING FOR AN ACCOUNT AND USING THE EVOTRUX SERVICES, OR BY ACCESSING OUR WEBSITE, MOBILE APPLICATION OR CONTENT, YOU ARE AGREEING THAT YOU HAVE CAREFULLY READ AND UNDERSTOOD THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT ACCESS THE EVOTRUX WEBSITE, MOBILE APPLICATION, OR CONTENT OR USE OUR SERVICES.
Welcome To EVOTRUX!
Your Innovative Marketplace Platform For Commercial Shipping!
THE EVOTRUX DIFFERENCE
1. What is EVOTRUX?
EVOTRUX is a subscription based electronic marketplace service that provides a business platform to commercial shippers and commercial carriers, allowing them to connect with one another for defined freight. EVOTRUX works by allowing subscribing commercial shippers to post details concerning upcoming jobs, including without limitation the nature of the freight to be shipped, shipment destination and delivery deadlines (the “Job”); subscribing carriers can than bid on the Job by payment rate. The bidding process is open for a defined period of time.
The EVOTRUX Difference: we recognize that shippers and carriers care about getting the job and getting the job done right – that is why the EVOTRUX marketplace focuses on the FREIGHT and the RATE – only the shipper’s company name and location is visible to potential bidders. The names of bidders are not disclosed until the bidding process is completed.
2. What does it mean to be the winning bidder?
No money is exchanged or can be exchanged through the EVOTRUX services or system. All commercial transactions happen directly between the shipper and the carrier outside of the EVOTRUX system. Remember: EVOTRUX serves as an electronic marketplace or connecting point for commercial shippers and carriers ONLY; EVOTRUX allows commercial shippers and commercial carriers to have determined the FREIGHT and the RATE for a particular Job, and the rest is up to you! As hereinafter set out in these Terms of Services, subscribing shippers agree that they will contact the winning bidder on a Job and the shipper and winning carrier will, in good faith, attempt to work out the remaining contract terms between them concerning that Job.
If, for any reason, the parties are, after negotiation in good faith, unable to finalize contract terms to complete the Job, then shipper may terminate discussions with the subject carrier in writing, or vice versa, and the shipper is then authorized to go to the next best bidder and engage in the same process. Any notice to be provided to a shipper or carrier under this section shall, for certainty, be provided in writing.
3. Use of EVOTRUX – from Posting to Completion of the Bidding Process
3.1. As shipper Account Holder or an Authorized User of a shipper, you hereby confirm that any advertisement for a Job posted on EVOTRUX is true, complete and accurate, and represents freight needing to be transported as indicated, and that all necessary information that would allow a carrier to determine whether to bid on a particular job has been posted on your EVOTRUX job posting.
3.2. Job postings may be cancelled by the Account Holder or Authorized User at any time prior to the closing time of EVOTRUX bidding. Neither the shipper Account Holder nor their Authorized User, nor EVOTRUX Inc. shall be responsible or liable to any person for any cancellation of any Job prior to the closing time of EVOTRUX bidding.
3.3. Job postings may only be amended by a shipper Account Holder or their Authorized User prior to any carrier bid being placed on that posted Job. Once a bid has been placed, and should a shipper Account Holder or their Authorized User need to amend a term of that Job posting, the Account Holder or their Authorized User may only cancel that Job and re-post it.
3.4. The shipper Account Holder and Authorized User hereby confirm that all Job posting content submitted by them shall be original in terms of content, and shall not infringe or violate the intellectual property rights of any party.
3.5. EVOTRUX Inc. reserves the right, but does not have the obligation, to establish policies or Job posting requirements from time to time, and all Account Holders and their Authorized Users shall comply with same upon notice. Any failure to comply with these Terms of Service or any policies established by EVOTRUX Inc. may result in suspension or termination of your Account in the sole and absolute discretion of EVOTRUX Inc.
3.6. EVOTRUX simply provides a connecting point for shippers and carriers, and provides a bidding service allowing those parties to determine the freight and the rate for listed Jobs. All contracts between the shipper and the winning carrier are completed outside of the EVOTRUX process, and EVOTRUX Inc. is not a party to those contractual transactions. EVOTRUX Inc. will not participate in any demands, disputes, court or other proceedings as between the shipper and carrier, and you expressly confirm that you will not attempt to involve EVOTRUX Inc. in those processes.
3.7. EVOTRUX Inc. does not take any steps to verify the veracity of any Account Holder, whether shipper or carrier, or any Job posted through the EVOTRUX services. All Account Holders, shipper and carrier, are advised to take steps to confirm the veracity of the other party once the identity of the party is disclosed following the bidding process. All Account Holders are advised to follow business best practices for safety and security in connection with any transactions to be entered into between the parties.
3.8. EVOTRUX INC. IS NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT OF ANY PERSON, WHETHER THEY ARE AN ACCOUNT HOLDER, AUTHORIZED USER, SHIPPER OR CARRIER.
3.9 The winning carrier Account Holder or subsequent carrier Account Holder determined through the bidding process where no contract is reached with the bid winner can make a complaint about the shipper to EVOTRUX Inc. should Job posted turn out to be untrue or incomplete. EVOTRUX INC. reserves the right, but is not obligated, to suspend or terminate a shipper’s account under such circumstances.
EVOTRUX Inc. recognizes that circumstances may change and that minor adjustments may need to be made as part of the contract process resulting from the posting of any such Job. EVOTRUX Inc. reserves the right not to suspend or cancel a shipper’s account in such circumstances.
3.10. The Account Holder is responsible and liable for all bids placed on posted Jobs through his/her/its account using EVOTRUX, including as placed by any Authorized User of your Account.
3.11. All Account Holders (and their Authorized Users) are advised to bid carefully. All bids, once placed, are binding upon the bidding Account Holder, though a bid may be cancelled by a carrier. Should the Account Holder allow their bid to stand and not cancel it prior to the closing of the bidding process and then not honour the bid rate, or attempt to renegotiate same following conclusion of the bidding process, your Account is subject to suspension and/or termination, in the sole discretion of EVOTRUX Inc.
3.12 For any bids made through your Account on Jobs posted on EVOTRUX, you agree that your last bid shall be final and binding upon you and shall form part of the contract that you reach outside of the EVOTRUX service with the subject shipper for the Job as specified. As noted above, should you, as Account Holder or Authorized User attempt to renegotiate that bid for the Job as posted following conclusion of the bidding process, your Account may be suspended or terminated.
3.13. In submitting a bid, you agree that you, as carrier, will carry out the terms of the Job posted for the subject shipper on the terms set out in the Job posting and for the successful bidding rate.
3.14. You acknowledge and agree that if you are not the successful bidder on a particular Job posted through EVOTRUX, that the shipper Account Holder or its Authorized User may still contact if he/she/it is unable to reach a contractual agreement with the successful bidder. You agree that if the shipper contacts you in such a circumstance, and if you agree to carry out the Job, that you will do so at your last submitted bidding rate.
3.15. EVOTRUX SERVES AS A MARKETPLACE CONNECTING POINT ONLY THAT ALLOWS SHIPPERS AND CARRIERS TO CONFIRM AVAILABILITY OF CARRIERS TO MOVE FREIGHT AND TO CONFIRM A MARKET RATE FOR THAT JOB. ALL PARTIES HERETO ACKNOWLEDGE AND AGREE THAT THE BIDDING PROCESS SET OUT USING THE EVOTRUX SERVICE DOES NOT CREATE A BINDING CONTRACT ON THE PARTIES. THE SOLE REMEDY AVAILABLE FOR EITHER A SUBSCRIBING SHIPPER OR CARRIER WHO DOES NOT HONOUR THE BIDDING PROCESS REACHED ON EVOTRUX IS THE SUSPENSION OR TERMINATION OF SUCH ACCOUNT HOLDER’S EVOTRUX ACCOUNT.
3.16. SUBSCRIBING SHIPPERS AND CARRIERS MUST CONTRACT OUTSIDE OF THE EVOTRUX SERVICE AND ARE ADVISED TO USE ALL STANDARD BUSINESS PRECAUTIONS FOR SAFETY AND LIABILITY AS WOULD NORMALLY APPLY IN SUCH A PROCESS. EVOTRUX INC. DOES NOT SCREEN OR VERIFY THE IDENTITY OR STANDING OF SHIPPERS OR CARRIERS.
3.17. EVOTRUX INC. IS NOT A PARTY TO ANY CONTRACT REACHED BETWEEN SUBSCRIBING SHIPPERS AND CARRIERS, NOTWITHSTANDING THEIR CONNECTION USING THE EVOTRUX SERVICE. EVOTRUX INC. IS NOT A PARTY TO ANY CONTRACT BETWEEN SHIPPERS AND CARRIERS AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CONTRACT REACHED BETWEEN SUBSCRIBING SHIPPERS AND CARRIERS, THE CARRYING OUT OF THOSE CONTRACT TERMS OR ANY JOB PERFORMANCE OF ANY PARTY THERETO.
Dispute Resolution Mechanism
3.18. Should a subscriber dispute a review or rating, they may provide one reply comment back to a rating. Any reply comments that are belligerent, rude or unbusinesslike, or otherwise violate the terms of this Agreement, are subject to deletion.
3.19. EVOTRUX Inc. has a zero tolerance policy for intellectual property rights infringement. If you believe that any Job posting on the EVOTRUX service infringes copyright or trade-mark law, for example, please contact us via email and provide us with appropriate information and evidence confirming your claim. While EVOTRUX is absolutely not responsible or liable for the conduct of others including subscribing shippers and carriers and their Authorized Users, and while we are not obligated to do so, we may remove offending postings. If you believe your rights have been infringed please contact us using the Contact Us link provided on the EVOTRUX site.
4. Ratings and Reviews
4.1. Subscribers and Authorized users are strongly encouraged to leave a review and rating after each such similar business transaction.
4.2. As noted above, the identity of the shipper and the carrier are not disclosed until the bidding process is complete BUT the subject shipper’s and any bidding carrier’s EVOTRUX rating and number of EVOTRUX transactions is visible to others during the bidding process. This allows both shippers and bidders to read past-EVOTRUX reviews of the other potential parties to a Job prior to or during the course of bidding.
4.3. At EVOTRUX, we want to make sure that any reviews given arise out of an actual or proposed transaction between a shipper and carrier. Reviews can be made by the carrier on a particular Job for the successful bidder or subsequent successful bidder(s); the successful bidder may also leave a review of the carrier on that Job. Both the shipper and the carrier have one opportunity to reply to any comment.
Third party reviews or comments will not be permitted on EVOTRUX, but third parties who are subscribers to EVOTRUX can see those reviews.
4.4. In addition to written comments, and as part of the review, the reviewer will be asked to rate the shipper or the carrier, as the case may be, the rating will be out of five (5) stars overall and on set criteria. Any rating submitted by you shall be on the basis of performance in connection with the listed Job only, and not on any other past conduct or performance history. EVOTRUX Inc. reserves the right to remove any ratings in its discretion.
4.5. You, as the Account Holder or Authorized User, hereby agree that any reviews submitted by you are true, accurate and complete and represent your personal opinion on Job performance of the other party where services were actually provided by you as carrier or received by you as shipper for a Job that was listed through the EVOTRUX service. All reviews must be based on Job performance for the Job posted on EVOTRUX ONLY and not on past jobs, or jobs posted or completed by the shipper or carrier. In providing your review, you will be asked for a Job reference number, confirmation that a contract was actually completed between the named shipper and carrier, and for identity information to verify your standing as an actual Account Holder or Authorized User of the EVOTRUX service. You may also be asked for an invoice number for the completion of the contract between the shipper and carrier – this invoice number will be used by EVOTRUX for verification purposes only and will not be released to as part of the review. EVOTRUX has no obligation to screen, edit or monitor reviews, EVOTRUX does however reserve the right, in its discretion, to either not post or remove any review that fails to meet verification requirements or which is deemed to contain inappropriate content, which is expressly prohibited.
Inappropriate content may include, without limitation, language or imagery that is foul or offensive, obscene, pornographic, lewd, indecent, suggestive, harassing or advocates harassing of another person, racist, threatening, invasion of privacy or publicity rights, constitutes hate speech, promotes violence, violates third party rights or is otherwise unlawful or offensive, in EVOTRUX Inc.’s discretion.
4.6. You are solely responsible for all reviews made through your account as Account Holder, including for any reviews made by an Authorized User. In connection with any reviews you submit through the EVOTRUX service, you confirm that:
(i) the Account Holder has had direct contact with the shipper or carrier, as the case may be, being reviewed, and that Job terms were agreed to between the parties which would form a contract at law to have the shipping services completed. Account Holder acknowledges and agrees that reviews shall be based on EVOTRUX Job performance only;
(ii) all reviews submitted through your EVOTRUX account represent your personal experience and your opinion based thereon and are accurate, true and correct;
(iii) all reviews submitted by through your EVOTRUX account do not contain inappropriate content, nor are they malicious or unlawful in nature, and do not constitute defamation, slander or libel; and
(iv) you confirm that any and all content submitted by you will not violate the intellectual property rights of any person, including without limitation any copyright, trade-mark, trade secret, patent or other intellectual property or proprietary rights.
4.7. UNTRUE, SLANDEROUS OR LIBELOUS STATEMENTS, SWEARING OR INAPPROPRIATE LANGUAGE [GET PHRASING] WILL NOT BE TOLERATED. EVOTRUX INC. RESERVES THE RIGHT, BUT DOES NOT HAVE THE OBLIGATION, TO MONITOR, AMEND AND DELETE ANY REVIEW THAT CONTAIN OBJECTIONABLE MATERIAL OR INFORMATION. MAKING FALSE, MISLEADING OR OBJECTIONABLE STATEMENTS UNDER A REVIEW ARE GROUNDS FOR TERMINATION OF YOUR SUBSCRIPTION ACCOUNT.
5.1. As a term of your subscription, you acknowledge and agree that your Account subscription is personal to you and is non-transferrable and cannot be used by any third party other than an Authorized User, nor can you use it to feature a Job for a third party shipper or services to be provided by a third party carrier, whether or not for value. Such an activity is expressly prohibited and is grounds for immediate termination of your Account.
5.2. In order to use the EVOTRUX service, our website, mobile application or to post content or receive services, you must be the greater of the age of majority in your Province of residence or eighteen (18) years of age, with legal authority and capacity to enter into business contracts.
5.3. You agree that you will use EVOTRUX solely for its intended purpose of a marketplace connecting legitimate commercial shippers and carriers to definite availability, freight and rate. Any other purpose is expressly prohibited.
5.4. EVOTRUX is a subscription-based service. The subscription terms and rates are as specified at the time of subscription. Subscription terms and rates are subject to change at any time in the discretion of EVOTRUX Inc. Subscription costs, once paid, will cover the subscription contract for the defined term at the subscription rate provided.
5.5. Fees paid for your EVOTRUX subscription are non-refundable.
5.6. As a subscription service, it is necessary for subscribers to sign up for and establish an EVOTRUX ACCOUNT to use the EVOTRUX service. You are responsible for all activity, including without limitation all Jobs posted, bids placed and reviews and ratings posted, using your Account. You have the option to establish Authorized Users for your EVOTRUX Account; an Authorized User is a person or persons authorized by you to have activity on your EVOTRUX Account and for whose actions you as the Account Holder will be wholly responsible and liable. Should you authorize an Authorized User to use your account, the Authorized User must set up their own Authorized User Account and provide account information to EVOTRUX Inc. as required. The Authorized User Account will then be linked to the Account Holder’s EVOTRUX Account. Should an Account Holder choose to add more than five (5) Authorized Users, additional monthly fees may apply.
5.5. Authorized Users acknowledge and agree that they must comply with these Terms of Service in the same manner as if they had been an Account Holder hereunder, and that all terms, conditions, policies and obligations set out herein or under any policy established by EVOTRUX Inc. from time to time shall apply to such person in the same manner as if he or she was a subscribing Account Holder and all terms should be read and interpreted as such.
5.6. AUTHORIZED USERS AND CORRESPONDING ACCOUNT HOLDERS ACKNOWLEDGE AND AGREE THAT ALL USES OF EVOTRUX BY THE AUTHORIZED USER WILL BE VISIBLE TO THE ACCOUNT HOLDER AT ANY TIME AND IN THE ACCOUNT HOLDER’S DISCRETION. THE ACCOUNT HOLDER MAY TERMINATE THE AUTHORIZED USER’S ACCESS TO THE ACCOUNT HOLDER’S ACCOUNT AT ANY TIME, FOLLOWING WHICH THE AUTHORIZED USER’S EVOTRUX ACCOUNT WILL BE SUSPENDED AND THEN TERMINATED WITHIN A REASONABLE PERIOD THEREAFTER. AUTHORIZED USERS ARE NOT ENTITLED TO THE ACCOUNT HOLDER’S ACCOUNT INFORMATION FOLLOWING TERMINATION BY THE ACCOUNT HOLDER.
5.7. AS A SUBSCRIBING ACCOUNT HOLDER OR AUTHORIZED USER, YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT USER NAME AND PASSWORD. YOU SHALL BE RESPONSIBLE AND LIABLE FOR ALL USES OF YOUR ACCOUNT, WHETHER OR NOT SPECIFICALLY AUTHORIZED BY YOU. YOU AGREE TO IMMEDIATELY NOTIFY EVOTRUX INC. OF ANY UNAUTHORIZED USE OF YOUR SUBSCRIPTION OR PASSWORD.
5.8. By virtue of your subscription, and for the subscription period you contracted for, you are granted a limited, non-transferable, non-exclusive, terminable right to access the EVOTRUX service and to use same for its intended purposes, whether through our website or mobile application.
5.9. YOU AGREE THAT YOU WILL NOT DURING THE TERM OF YOUR SUBSCRIPTION OR AT ANY TIME THEREAFTER COPY THE SERVICE OR ATTEMPT TO COPY, MODIFY, TRANSLATE, RECREATE, ADAPT, EDIT, DECOMPILE, DISASSEMBLE OR REVERSE ENGINEER THE EVOTRUX SERVICES, SOFTWARE OR SYSTEM OR ADOPT ANY SIMILAR BUSINESS NAME OR TRADEMARK IN A COMPETING AREA OF TRADE THAT WOULD BE CONFUSINGLY SIMILAR WITH EVOTRUX.
5.10. You also agree that you shall not at any time during your subscription term or thereafter take any action intended to circumvent, infect, damage or corrupt the EVOTRUX services system or EVOTRUX system protections, upload viruses or other similar destructive programming routines of any sort, interfere with the operation of EVOTRUX or the rights of EVOTRUX or other users to access our system, or take any action that would place an unreasonable load on our technological infrastructure. You agree to use the EVOTRUX website and mobile application solely for its intended purpose. You may not at any time use the EVOTRUX services, website, mobile application or content in any manner that violates any applicable laws or the rights of any third party.
6. Intellectual Property Ownership and Notices
The EVOTRUX name and any trade-mark rights therein are the sole and exclusive property of EVOTRUX INC. In connection with your use of the EVOTRUX services, the website, mobile application or content, you agree that you shall not remove, modify, adjust, amend or obscure any notices of intellectual property rights put in place by EVOTRUX Inc. from time to time concerning its intellectual property rights.
7. Site Availability and Modifications
You acknowledge that the EVOTRUX services, website and mobile applications, content and features are subject to availability, and may be modified, updated, interrupted, suspended or discontinued at any time without liability to EVOTRUX Inc. and no refunds or subscription fees shall be refundable on account of any such service interruptions or termination of services or service features.
9. Provided As-Is
9.1. EVOTRUX and its services, website, mobile applications and content are provided on an as-is basis, and the foregoing are not represented or warned to be suitable for any particular purpose.
9.2. It is the sole risk of each subscriber in determining to bid on a Job or to contract with another person or entity. All uses of the Services, website, mobile applications and content are at the sole and exclusive risk of the subscriber. The appearance of a shipper or carrier on the EVOTRUX service does not constitute an endorsement by EVOTRUX Inc. You also acknowledge that the review and ranking features of the EVOTRUX service are based on third party content which is not controlled or delivered by EVOTRUX Inc. Accordingly, there may some risk in terms of accuracy or completeness in relying on same, neither of which are warranted by EVOTRUX.
9.3. Ranking and reviews on EVOTRUX are not a substitute for investigation, references and other standard business operating security checks. No ranking or review shall be interpreted as being made by EVOTRUX Inc. or be interpreted as a recommendation by EVOTRUX Inc.
9.4. EVOTRUX Inc. is not and shall not be liable or responsible for your use of our services, website, mobile application or any reliance by you on information, reviews or other content available through same. Given that EVOTRUX is an interactive website with third party user content and open to the subscribers, EVOTRUX Inc. does not warrant that its content or information provided as part thereof is accurate, correct or error free. EVOTRUX Inc. does not endorse any shipper or carrier using or subscribing to the services, its website or mobile application. All uses of our services, website, mobile application or content are at your own risk and we do not warrant the availability, accuracy, completeness of our system or that they are error-free. EVOTRUX Inc. is not in any way liable or responsible for customers and services providers or any contracts or arrangement entered into between them or any reviews or ratings posted. These arrangements are at your own risk. Reviews, both positive and negative are a potential reality in participating in the EVOTRUX system.
EVOTRUX Inc. makes no representations or warranties of any kind, express or implied, about the suitability of information, software, products or services contained or featured through our site or mobile application. All such information, software, products, and services are provided “AS IS”. In no event shall EVOTRUX Inc. be liable for direct, indirect, punitive, incidental, special, or consequential losses or damages or any loss of income, profits, goodwill, data, contracts, use of money or loss or damages arising from or connected in a way with our website, mobile application, content or services, review content, your reliance on reviews or ratings and opinions appearing on any of the foregoing, business interruption, loss or damages of any kind, use of information, software, linked sites, or any contracts entered into between subscribers.
You agree to defend, indemnify and hold harmless EVOTRUX Inc. and our directors, officers, employees, contractors, shareholders and otherwise from and against any and all claims, suits, proceedings, causes of action, losses, damages, costs, demands, fines, penalties or other costs associated with your breach of these Terms of Service, your violation of applicable laws or the rights of third parties, and your use of our services, our website, mobile application or content except as expressly permitted under these Terms of Service.
No payments may be made or facilitated through the EVOTRUX services, website or mobile application. All financial transactions resulting from any contract terms are outside of the EVOTRUX services.
12.1. The EVOTRUX Inc. services, our website, mobile application and our content shall be deemed to be provided from Winnipeg, Manitoba, Canada and these Terms of Service shall be governed by the laws of the Province of Manitoba and Canada applicable hereto. Should there be any dispute relating to these Terms of Service or the subject matter covered by this Agreement, the parties shall irrevocably attorn to the jurisdiction of the Courts of the Province of Manitoba for resolution.
12.2. EVOTRUX Inc. reserves the right to amend these Terms of Service at any time. Any amendments hereto shall take effect upon being posted to the EVOTRUX website or through our mobile application. It is the responsibility of the subscriber to review the Terms of Service on a regular basis concerning any amendments.
12.4. You may not assign your rights or obligations under these Terms of Service.
12.5. Any failure on EVOTRUX Inc.’s part to exercise or enforce any of its rights under these Terms of Service shall not be interpreted as a waiver of such rights or provisions.
12.6. If any provision of these Terms of Service are found to be invalid or unenforceable, then only that provision shall be modified to reflect the intention of the parties and the remaining provisions of this Agreement shall stay in full force and effect.
12.7. Any notices to be provided by EVOTRUX Inc. shall be made available on our website or posted through our mobile application from time to time and shall be effective once posted.
BY VIRTUE OF CHECKING THE BOX “I accept Terms and Conditions”, YOU ARE AGREEING TO BE LEGALLY BOUND BY THIS TERMS OF SERVICE AGREEMENT BETWEEN YOU AND EVOTRUX INC.