Terms for Members

THE AGREEMENT: The use of this website, mobile application and services on this website provided by Transport Eta Ltd (hereinafter referred to as “Website”) are subject to the following Terms & Conditions, all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as “Website and application”) and any services provided by or on this website and application (“Services”).
These terms and conditions are in addition to the Terms and Conditions. The Conditions govern your conduct as a Member and form the basis of the Agreement you enter into with us in order to Register and become a Member (the “Agreement“).
DEFINITIONS
“Agreement” denotes these Terms and Conditions and the Privacy Policy and other documents provided to you by the website.
“We,” “us,” and “our” are references to Transport Eta.
“Users” A person who visits the website or application.
“Member” means a person who has Registered (and “Membership” means the status of being a Member);
“Accepted Quotation” means a quotation provided by a Transport Provider and accepted by a Customer or the Customer’s acceptance of a Book Now Price.
“Book Now Price” means the facility allows a Customer to accept a fixed price and make a confirmed booking.
“Booking Fee” means the Fee payable by a Customer to TRANSPORT ETA following acceptance by the Customer of an Accepted Quotation.
“Customer” means a person (including any corporate body) who uses the Site and/or makes a Request for Quotation and/or accepts a Book Now Price, and “You” and “You shall be construed accordingly.
“Delivery” means the delivery carried out by the Transport Provider pursuant to the Delivery Contract.
“Delivery Contract” means the contract entered between a Customer and a Transport Provider pursuant to which the Transport Provider will deliver the Customer’s goods, as more particularly described in the Request for Quotation.
“Parties” means both Customers and Transport Providers, and “Party” shall be construed accordingly.
“Quotation” means the quotation provided by a Transport Provider to a Customer following a Request for Quotation.
“Services” means the services provided by TRANSPORT ETA.
“Site” means www.transporteta.co.uk or such other Site as TRANSPORT ETA may refer You to from time to time.
“Transport Provider” means a delivery company who fulfils a Delivery Contract.
“VAT” means value-added tax at the then prevailing rate.
REGISTRATION

• A register is restricted to only those who can form legally binding contracts under English law. Membership is not available to those under 18 or to those whose Membership has been suspended or terminated. If you are registering as a company, you represent that you have the authority to bind the company to this Agreement.
• Each registration is limited to a single user. You are not permitted to share your username and password with any other individual or network user. In addition, you cannot transfer your Membership to a third party.
• You are responsible for the security of any passwords issued, as well as all actions performed with your username and password.

OUR SERVICES – NEUTRAL VENUE

• We are not a provider of transportation services, freight forwarders, brokers, or other types of intermediaries. The Site serves as a neutral venue where Transport Providers and Users can meet and negotiate with the goal of concluding Transactions. We are not involved in any way with the actual Transaction. We have no control over the quality, safety, or legality of the Jobs and/or Transactions that occur through the Site, and we assume no such responsibility.
• If you are a Transport Provider, you agree that the Site is intended solely for shipping/transportation-related services and that you will only provide services. You agree that absent our prior written consent; you will not use your Membership to market or sell any goods, products, or services unrelated to the Job.
• The User is responsible for selecting a suitable Transport Provider for the provision of the Job, and the User and Transport Provider are responsible for negotiating the terms of the Transaction.

GENERAL DISCLAIMER

• Except where otherwise expressly stated in the Conditions, and only to the extent so stated, no provision of the Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999, and the Conditions do not create any legal contracts, liabilities, obligations, claims, or other benefits or protections between Members or in favour of third parties. Your contract in connection with a Transaction will be with the other Member; as a result, we cannot make any guarantees regarding the other Member (whether User, Transport Provider, or Successful Transport Provider (as defined below)) or the Job, whether in terms of quality, quantity, delivery, or cost.
• We accept no liability for claims made by Transport Providers regarding their licenses, insurance, registration, Membership, trade association, or any other claim made at any time during the Transaction or quoting process. We operate solely as a neutral platform through which Transport Providers and Users can negotiate a Job’s price.

UNLAWFUL TRANSACTIONS

• Members may not use the Site for illegal purposes. Any Job or aspect of a Transaction that is unlawfully performed or attempted by either the Transport Provider or the User is prohibited.
• Certain Transactions may be subject to statutory or other regulations and therefore cannot be freely negotiated. Members are responsible for identifying and adhering to such regulations.

TRANSPORTATION

• The posting of Jobs for the transportation of certain items is prohibited or restricted. These include hazardous or dangerous goods. Additionally, there are certain items that do not generally pose a danger to health, safety, or property while being transported but are regulated or banned for public policy reasons from being transported. Generally, Jobs for the transportation of goods that cannot be sent through Royal Mail (excluding living creatures) are not permitted to be listed on the Site. However, some hazardous goods can lawfully be transported, provided they are properly packaged and labelled. Such Jobs may be listed on the Site provided that the shipment listing contains a clear notice of the hazardous nature of the material and a description of the planned method of shipping that complies with the law. If you are unsure of the legality of your shipment, we recommend you contact our customer services team via the contact details at the end of these Supplemental Conditions, prior to listing the Job. A member of our team will be able to refer you to the appropriate authority to answer your question.
• Full responsibility for compliance with all laws and regulations that relate to the transportation of hazardous and restricted goods rests with the parties to the Transaction. Anyone who sends, or causes to be sent, a prohibited or restricted item or improperly packaged hazardous material may be subject to severe regulatory or, indeed, criminal penalties.
• In order to assist Members, we provide distance calculations and driving directions (or links to 3rd party driving directions) as part of our service (the “Directions”). However, the Directions should be used as a guide only, and you should always drive in accordance with national rules, regulations, and highway codes. The Directions may not take into consideration issues such as road closures, the direction of traffic, one-way systems, emergency access roads, height regulations, road conditions or restrictions on manoeuvrability. No representation is made or warranty given as to the content or usability of the Directions or their appropriateness for any particular journey or vehicle. We assume no responsibility for any loss, damage, or delay, howsoever resulting from the use of these Directions. However, if you do find an error or omission, please let us know so we can notify the relevant persons to enable them to correct the error or omission and improve the service. We recommend that you verify any pickup and delivery information that we provide with the other party to the Transaction.

FEES

• Joining Transport Eta as a transport provider or user is free, as is requesting quotes. We charge a success fee (the “Fee”) to Transport Providers who secure a Job through our platform (“Successful Transport Providers“). A Job is deemed secured if, after quoting, messaging, or contacting the User via the Site, the Deposit is paid to the Transport Provider (as defined hereafter).
• You will be assigned an account upon becoming a Member into which Deposits will be paid and from which Fees (as defined below) will be deducted by us in accordance with this clause (the “Account”)
• The Fee is proportional to the Successful Transport Provider’s accepted quote price. The Fee is dynamically calculated at the time a quote is submitted and varies by category. By visiting their sales report, Transport Providers can quickly and easily view the Fee amount charged on a Job.
• The accrual of the Fee is unrelated to the actual execution of the Job. Therefore, the obligation to pay the Fee remains even if a Job is posted on the Site but is not ultimately performed and/or the Transaction is later terminated. As a gesture of goodwill, we may waive our right to receive the Fee; however, the granting of any such waiver is solely within our discretion, and if granted, we do so without assuming any legal obligation to do so.
• If you are a User, you are responsible for collecting and remitting any and all VAT associated with a Transaction. Your quoted price for the Job includes tax. You may not submit a quote amount exclusive of VAT and then charge VAT on top of the accepted quote price.
• We reserve the right to waive or modify the Fee’s calculation methodology at any time. We may also change or suspend the Fee temporarily during a promotional period. Any such modifications will be detailed on the website.

CANCELLATIONS

• If a Job is cancelled by a Successful Transport Provider AFTER a quote was accepted, but BEFORE work on the Job began (a “Cancellation”), the user may seek to file a “Cancellation Request” and have the Deposit returned to them as a credit to use on future Transport Eta deposit payments or a direct Refund to the funding payment method used. A request for cancellation must be submitted within 28 days of the acceptance of a quote; requests submitted after this date will be invalid. If a cancellation request is approved, the user has the option of receiving either a Credit or a Refund in the amount of the already paid Deposit.
• Credit can be used to accept future Transport Eta quotes within two years of the “Cancelation Request” date. After two years from the date of the “Request for Cancellation,” this credit will expire and become ineffective. Credit on Transport Eta cannot be withdrawn or refunded and may only be used for accepting quotes on Transport Eta.
• Deposits will be refunded within five business days of the acceptance of a “Cancellation Request.” Refunds can only be issued to the same account from which the original payment was made.
• Users and Successful Transport Providers will negotiate directly once there has been a successful quote. Either party can make a Cancellation Request; however, it should only make one once all reasonable attempts to reach an agreeable solution have been exhausted and it is clear that the Job will not be performed. You may not make a Cancellation Request until at least seven days after the date on which the quote was originally accepted. When you make a Cancellation Request, the other party to the proposed Transaction will be notified and will have 72 hours to respond by either:
• Accepting the Cancellation Request and your reason; or
• Rejecting the Cancellation Request and requesting review by our staff.

– If your Cancellation Request is accepted by the other party, the accepted quote can be retracted, and the Job can either be relisted or deleted. If the request is rejected by the other party, then it is sent to us for review, and a decision will be made on whether to approve or not to approve the Cancellation Request. Once we have given our verdict on whether to approve the Cancellation Request, we will not enter into any further correspondence – our decision is final.
– If the other party does not respond within the 72-hour grace period, your Cancellation Request and reason will automatically be accepted. Depending on the reasons for the Cancellation Request, any amounts associated with the Deposit or the Fee may be credited to your Transport Eta account at our sole discretion.
– We take the abuse of the procedure for Cancellation Requests very seriously. Abuse includes submitting false or exaggerated reasons, attempting to retract accepted quotes, or colluding with other Members to abuse the procedure. If a Member is found abusing or is suspected of abusing the procedure in this clause, his Cancellation Request will automatically be denied, and his Membership may be revoked without further notice and/or he may also be subject to additional fees.

RULES FOR SUPPLIERS

Suppliers must:

• Honour a transaction agreement with the Buyer.
• Include in any Bid all taxes, including VAT and fees payable by the Buyer for the transport services, excluding any import or export duty payable on the goods transported.

Suppliers must not:

• Bid against their own Bid or have associates or employees do so on their behalf.
• Significantly misrepresent their services by failing to meet the Bid’s terms and service description.
• Refuse to accept payment for a service if their Bid is accepted, barring mitigating circumstances within legal bounds.
• Utilize photographs, images, text, and logos to attempt direct contact with Buyers or to provide Buyers with their business identity or contact information. Transport Eta reserves the right to charge the equivalent of what the Fee should have been based on the agreed-upon amount if a transport provider bypasses the website or submits fabricated bids in an attempt to avoid website fees. If no bid has been submitted or a price has not been agreed upon, Transport Eta will determine the deposit/fee price based on the market value of Transport Eta. Transport Eta will also assess a £10 administration fee on all transactions.
• All Transport Providers must be in possession of valid insurance documentation, allowing them to operate legally within their respective regions and transport the quoted goods. We reserve the right to randomly check with third-party insurance companies to determine whether or not operators’ insurance policies and licenses are still valid.

RULES FOR BUYERS

Buyers must not:

• Submit their own bids to decrease Suppliers’ bids. Users who submit bids for the provision of services must be completely separate from the Buyer of those services.
• Neither Buyers nor Suppliers are permitted to interfere with a transaction or offer to purchase or supply transport in response to a Buyer’s Listing made outside of the Site.
• We strongly advise customers and transportation services not to share any personal contact information, specific locations, or banking information via Transport Eta’s messaging service. Once job sheets have been exchanged between two parties, sensitive information can be shared in confidence.

FEEDBACK

While we are unable to conduct due diligence on our Members, we do permit Users and Successful Transport Providers to provide feedback on each other’s performance during the Transaction, including but not limited to the performance of the Job (or, as the case may be, their failure to enter into a Transaction and/or perform the Job). Prior to quoting or, in the case of Users, accepting a quote from a Transport Provider, the evaluations aim to provide Members with guidance on the skills and/or dependability of other Members.
The feedback procedure involves rating the Member’s performance and providing a brief comment. There are three possible feedback scores: +1 (positive), 0 (neutral), and -1 (negative) (negative). The overall feedback score of a Member is the average of the ratings he or she has received.
You acknowledge that by posting a Job or submitting a quote for a Job, it is likely that another Member will leave feedback about you and that your feedback consists solely of comments left by other Members and the calculated overall feedback score. You agree that you will not utilize any feedback received through the Site on any other venue or website. Do always use common sense and courtesy when leaving feedback on another Member, as unwarranted, potentially libellous feedback could result in legal action. We do not censor or investigate feedback for accuracy, and you agree that we are in no way legally liable for any feedback left.
Any use of profanity, libellous behaviour, illegal activity, or any other form of abuse of the feedback function or any other portion of the Site may result in a permanent ban from using the Site and, if applicable, a report to the appropriate authorities.

NO AGENCY

Nothing herein shall create or be construed to create any form of the joint venture, agency, or partnership between us and any Members. Members may not represent themselves as having such a relationship with us.
ACCOUNT FLAGGING / REPORTING SYSTEM
By means of a flagging system, the Site is policed by its users. The flagging system is used to ensure that the Site complies with the Terms as much as possible. Visitors can “flag” portions of the Site that violate the Terms of Service. There are white flags in areas that can be reported. Among these are messages, the quote details section, member profiles, and shipment listing data. To flag, any portion of the text, click on the white flag that appears immediately after the text in question. The white flag will then turn yellow. Our team is sent a yellow flag for review. Following the review, the team will either issue a ‘green flag,’ indicating that no violation occurred or a red flag,’ indicating that a violation occurred and the content has been removed. We reserve the right to terminate the Membership of any member who has received multiple red flags.

INFORMATION YOU SUPPLY

• You are solely responsible for the information you provide to us and/or other Members in the registration, shipping, or transportation process (which shall include anything posted on the Site) (“Information”). The information must be true, legal, accurate, and non-fraudulent.
• Other than personally identifiable information, which is covered under our Privacy Policy, any Information shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We shall be free to copy, disclose, distribute, incorporate and otherwise use the information and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
• You agree to use common sense and good judgment when conducting or posting any Information. We insist that all Members abide by netiquette and communicate with each other in a respectful manner.

FRAUD
FEEDBACK
An important aspect of the Site is the ability of Members to leave feedback about each other (whether positive, neutral or negative). As described above, the feedback you receive is likely to influence the choices that other Members make as to whether to negotiate a Transaction with you. Accordingly, to preserve the integrity of the feedback system, you agree not to:
improperly influence in any manner, or cause another to improperly influence in any manner, the feedback of a Member; or
post or attempt to post, in any manner or by any means, a feedback review on your own account.

REJECTION OR REMOVAL OF MEMBERS

• We reserve the right to reject your registration or cancel your Membership at any time and for any reason or for no reason and without notice to you.
• We reserve the right to notify other Members of any actions that we, in our sole discretion, deem serious and which have led to the cancellation of your Membership.
• If you are so removed or rejected, you may appeal for reinstatement. Your appeal must include a written statement as to why you should be reinstated, along with your contact information. Your appeal may be reviewed at our discretion, and any determination as to your reinstatement will be at our sole discretion. Your submission of an appeal does not, in any manner, guarantee that you will be reinstated or that the appeal will necessarily be reviewed. We will contact you as to our decision to reinstate you. We are not obligated to give you any reasoning as to our decision. All decisions are final.

CONFIDENTIALITY/NON-DISCLOSURE
During the course of your Membership, we may disclose, or you may discover our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods, and applications, or other aspects of our business. You agree that this information is strictly confidential and is our sole and exclusive intellectual property. Any disclosure of our information, including to direct competitors, is strictly prohibited. All obligations contained in this Agreement will survive its termination.
NON-SOLICITATION
During the term of this Agreement, you are prohibited from soliciting or employing any of our employees of whom you become aware through the performance of this Agreement. In addition, you are prohibited from interfering with any of our other business relationships, including those with our members.
CONTACTING US
If you would like to contact us to understand more about terms or wish to contact us concerning any matter, you may do so via the contact us or email us at info@transporteta.co.uk.
This document was last updated on October 30, 2022