PalletPal’s Code of Good Practice [Last updated: 26/10/2021]
Our mission is to make shipping as quick and easy as booking a flight. By creating an easy-to-use digital platform enabled by a network of logistics providers, we help you optimize your procurement process, tap into a wealth of data, and streamline your supply chain operations. In order to achieve this goal, we promise to live up to the following code of good practice:
• We put you at the heart of everything we do: That is, when making strategic decisions; by building an engaging, user-friendly platform; and by finding you the best value in the market - be that in reliability, speed, or pricing.
• We bring you the best: a vast network of carriers and logistics partners that have been vetted to ensure quality and reliability in fulfilling your logistics needs.
• We ensure secure payments: facilitating logistics payments, which can become quite large, complimented by the trust in your dedicated account manager will ensure that your company’s money is where it needs to be, when it needs to be there.
• We are here for you: our customer service model centers entirely around you. Our dedicated team is here to help answer any question, debunk any myths, and troubleshoot any inquiries you may have.
• We care about you: our Platform is the product of your interactions and feedback. We live by the age old mantra of building our product for you, by you. That means, by continuously listening to what have you have to say about our product, we can ensure that each iteration of our features and each generation of our services aims to make your life easier.
• We promise to keep your data in trusted hands: our platform is secure and encrypted to ensure your information is safe; you are the sole proprietor of the data and analytical insights we help generate for you through our platform; and we promise never to share your data with any organization that is not crucial in helping facilitate your supply chain operations.
PLEASE READ THE FOLLOWING USER AGREEMENT CAREFULLY BEFORE USING OUR WEBSITE AND/OR SERVICE.
You agree to and understand the following in its entirety:
You are entering this User Agreement with PalletPal Digital Logistics Ltd., a private company holding license number CL4956 with its address at Unit GA-00-SZ-L1-RT-201, Level 1, Gate Avenue, South Zone, Dubai International Financial Center, Dubai, UAE (“PalletPal”);
A “Shipper” is a person or entity that arranges to use the Logistics Services offered by a Service Provider or through the Platform.
1.2. Service Provider
A “Servicer Provider” is a person or entity that provides Logistics Services requested by a Shipper or through the Platform.
1.3. Logistics Services
“Logistics Services” are logistics, shipping, and other services offered by a Service Provider to a Shipper or through the Platform.
1.3. Logistics Services
The “Platform” is the website (currently www.palletpal.me), the web application (https://app.palletpal.me), and any other way or thing in which or related to how PalletPal offers the Services.
PalletPal owns and operates the Platform. Shippers use the Platform in order to make requests for Logistics Services (each a “Request” and together the “Requests”). PalletPal may review any Request before posting it to the Platform, may refrain from posting any Request to the Platform, and may remove any posted Request from the Platform at any time and in PalletPal’s sole discretion.
The Service Provider is or operates a well-established logistics service provider.
Service Providers will submit a quote to PalletPal based on the information contained in a Request (“Quote”). Service Provider is one of many service providers able to submit quotes (all the quotes submitted for a given Request are the “Quotes”). PalletPal may review any Quote before posting it to the Platform, may refrain from posting any Quote to the Platform, and may remove any posted Quote from the Platform at any time and in PalletPal’s sole discretion.
Once a Quote is submitted, PalletPal will add its fee to the Quote and place the Quote on the Platform, a Shipper will be able to select that Quote or one of the other Quotes, that will bind the Shipper to use the Service Provider to provide those Logistics Service described in the Request (a selected Quote together with the Request will constitute an “Order”).
An Order will constitute a contract between the Shipper and the Service Provider (“Shipping Contract”). The terms of the Shipping Contract will contain the Request, the Quote and those terms in this Agreement that are by their nature intended to be a part of the Shipping Contract.
Payment processing services for you may be provided by a third party, and when they are, such payment processing is subject to any third-party agreements required by the third party for such payment processing (collectively, the “Payment Processing Agreement”). By agreeing to this User Agreement, You agree to be bound by the Payment Processing Agreement, as the same may be modified from time to time. As a condition of PalletPal enabling payment processing services, You agree to provide PalletPal with accurate and complete information about You and Your business, and you authorize PalletPal to share it and transaction information related to Your use of the payment processing services.
PalletPal does not guarantee any pricing, delivery, logistics, or other terms of business between you and other users of PalletPal’s Services. PalletPal does not provide any comprehensive guarantees regarding use of its Services, and our Services are not a substitute for thoughtfulness and awareness when engaging in business with other users. We at PalletPal are not responsible for any losses, damages, or injuries that may result from your choice to engage in, or business you transact with another user of our Services. If you do not agree with the foregoing, please do not use our Services.
PalletPal discourages You against providing anyone with access to your login credentials to your user account. However, if You do give someone your username and password, or if You fail to adequately safeguard such information, You are responsible for any and all transactions the person performs while using your account, even if those transactions are fraudulent or You did not intend or want them performed
The PalletPal Services contain copyrighted material, inventions, know-how, potential patentable business method material, design logos, phrases, names, logos or applications, code, and other intellectual property ("Intellectual Property "). Unless otherwise indicated or provided pursuant to a third-party license, Intellectual Property is PalletPal’s sole property. We own the "look", "feel", "appearance", and "graphic function" of our Services. Your use of the PalletPal Services does not confer any license or permission to use any Intellectual Property to you beyond what is necessary to enter into and complete an Order. You may not collect or use any information displayed on the Platform, including without limitation pricing, Shipper information, and Service Provider Information. The Platform may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PalletPal. You may not misuse the PalletPal Services. You may use the PalletPal Services only as permitted by law and this Agreement.
PalletPal is a platform that acts as a neutral venue and clearing house for logistics services. PalletPal is not a Service Provider or Shipper. Our website acts as a venue where Shippers and Service Providers can enter into agreements. PalletPal is not a party to any shipping agreement made between PalletPal Shippers and Service Providers via the PalletPal Platform. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place on our website. PalletPal does not prequalify or validate the claims or qualifications of Shippers or Service Providers. PalletPal does not endorse, recommend, or refer any specific user, nor does PalletPal have any control or influence over actions or decisions made by users of the Service. All users of the PalletPal Platform make their own decisions and You acknowledge and agree that we are not in any way arranging transportation or shipping or logistics services on your behalf. We have no control over the accuracy of Requests, Quotes, the ability of users to transport items, or the ability of users to send items. We cannot ensure the Shipper or Service Provider will actually complete a shipment. We cannot and do not guarantee the ability of users to complete or fulfill any services booked through the Platform. We cannot and do not guarantee the verification of any user’s identity. Any identity verification methods we employ are strictly on a best efforts basis and should not be solely relied upon by our users. Any warranties or representations made with regard to the arrangement of transportation services are not provided by PalletPal and are specifically and solely between Shipper and Service Provider.
You warrant that you have capacity to contract. PalletPal may suspend any user at any time for any reason. You warrant you are at least 18 years of age and have reached the age of majority in the state or jurisdiction where You live or reside or you will not use the Platform or Services. Your PalletPal account may not be transferred or sold to another party. If You are registering as a business entity, you represent that You have the authority to bind the entity to this agreement. Users who engage in the transportation of goods must have all valid licenses, including but not limited to a license to operate the vehicle they intend to use. You agree that You will not use your participation in the PalletPal website as a means to sell or market any types of goods or products, unless specifically allowed by PalletPal in writing.
Shippers are responsible for accurately submitting their Request and reading completely the corresponding Quotes including without limitation all terms, conditions, and tariffs. By selecting a Quote, You are agreeing to the Quote’s terms, conditions, and tariffs, and entering into a legally binding agreement with the Service Provider, unless the transaction is prohibited by law or by this User Agreement. You acknowledge that, unless otherwise noted by the Service Provider, pickup dates, delivery dates, and transit times are estimates only and are not guaranteed. Cancellations may be requested by either party prior to services being rendered. A Service Provider reserves the right to inspect your shipment before accepting it, and to refuse to transport any item prohibited by this User Agreement or by law. PalletPal only performs minimal screening and verification of Service Providers and Shipper will not rely on such screening or verification. IMPORTANT: PalletPal does not actively screen or qualify Service Providers for compliance with federal, state or local laws and regulations, including, but not limited to, Broker compliance with the Moving Ahead for Progress in the 21st Century Act (MAP-21). It is recommended that You confirm such compliance directly before services are rendered.
Service Providers must legally be able to transport the shipments you submit a Quote for through the Platform. You agree that it is your sole obligation to comply with all laws, rules, statutes, and regulations that may apply including any and all local, state, and federal licensing requirements. Service Provider agrees that, through the various products and features on PalletPal, they are solely responsible for all aspects of services, pricing, and terms they offer the Shipper through a Quote. Rates, services, and terms are solely provided by the Service Provider and not by PalletPal. PalletPal does not verify or adhere to the terms put forth by the Service Provider. These Service Provider terms may not directly violate PalletPal’s User Agreement. You understand and acknowledge that all shipment information in a Request is provided by other users and PalletPal has no control over or responsibility for the accuracy of this information. You are responsible for reading all of the Request’s details including shipment details, and by booking shipments on PalletPal, you are entering into a legally binding agreement to complete the services as requested by the Shipper in the Request.
Shippers may be given one or more payment options at the time of selecting a Quote. PalletPal is not an escrow service and does not hold any payment received in trust.
Each individual user is solely in control of payments made through PalletPal..
Shippers agree to pay to PalletPal the amount in the Order on the terms specified in the Order and this Agreement (“Payment”). Payment will be made at the time of selecting a Quote unless terms are offered to Shipper by PalletPal and Shipper accepts such terms (“Terms”).
10.1. Payment on Terms:
Certain Shippers may be invited to enroll in Payment on Terms. Enrollment in Payment on Terms allows Shippers to pay for their shipment at a pre-specified duration after a Quote is selected. You will be invoiced based on the schedule specified in the Payment on Terms agreement You sign, where You will have the opportunity to review and dispute any discrepancies. Payment by the agreed upon method will be due in accordance with Your written payment Terms.
By booking a shipment while enrolled in Payment on Terms, You agree that the rate is based on the information you’ve provided. Your invoice may be adjusted if the shipment is materially different than what you’ve disclosed for reasons including, but not limited to, excessive weight, inaccurate dimensions, different commodity class (“Class”), more items than listed, omission of essential pickup and/or final destination details, etc.
Shippers enrolled in Payment on Terms agree to allow PalletPal to disclose trade data and accounts receivable files to a third-party Business and Corporation Credit Provider.
10.2. Chargebacks and Reversed Payments:
In the event that a Shipper successfully charges back a credit or debit card payment or reverses any other payment type, then PalletPal will reverse the payment within the Shipper and Service Provider accounts and the shipment would then be treated as unpaid.
Unwarranted chargebacks or payment reversals initiated by PalletPal users are prohibited, will result in the suspension of your PalletPal account, and may result in PalletPal pursuing any and all options at its disposal to collect the withdrawn funds including, but not limited to, sending your unpaid account to a third-party collection agency. In the event that shipping services were not performed, all users must abide by the PalletPal cancellation policy. The PalletPal cancellation process ensures the integrity of the feedback system and accuracy of any refund.
There are situations where a chargeback may be warranted, such as when a user feels that their card or payment method has been charged fraudulently. Prior to any chargeback initiation, PalletPal must be notified by the cardholder so that PalletPal may investigate the claim to determine if a chargeback is appropriate. A chargeback may not be filed as a replacement, or an addition to, a cancellation of a PalletPal transaction.
If an unwarranted chargeback of the Shipper’s payment is initiated and accepted by the payment processor or other entity, PalletPal reserves the right to charge the Service Provider for any costs associated with the chargeback. If a chargeback is accepted, the Service Provider becomes responsible for that invoiceable amount.
10.3. Payment Authorization
Shipper agrees to keep its payment information current at all times and authorizes Palletpal to charge any payment method supplied to PalletPal (including but not limited to credit card, debit card, wire transfer and/or automated clearing house) provided by Shipper, all amounts due under this Agreement.
Prices are offered by Service Providers not PalletPal; PalletPal then adds its fee to the Quote. Quotes Shippers receive on the Platform are based on the price Service Providers submit which are required to be all-inclusive based on the information Shippers provide in a Request; however, if the actual shipment characteristics are materially different than specified by the Shipper and result in changes such as but not limited to equipment required, space required, accessorial services required, all duties, customs assessments, governmental penalties and fines, taxes, and legal costs allocable to shipments, then Service Providers may invoice a different amount than the original quote, and the Shipper shall be responsible for all additional costs incurred including an increase in the fee PalletPal ads to each Quote.
You are solely responsible for all transactions conducted through your account and for paying all fees incurred by any users of your account as well as all applicable taxes. Some features on PalletPal require a payment method to be on file with PalletPal. You authorize PalletPal to charge any applicable fees to the payment method(s) You provide to us. PalletPal reserves the right to waive or change our fees, penalties, or interest at any time. We may temporarily change or suspend our fees as a promotion and such changes are effective for the promotional period indicated in writing by PalletPal.
A cancellation may be requested by either party after an Order is made on the Platform but before any Services are performed. Cancellations should only be requested after reasonable attempts have been made to reach an agreeable solution and it is certain that the Services that were booked on PalletPal will not be performed. When You request a cancellation, the other party will be notified and will have the opportunity to respond by either:
1. accepting the cancellation and your reason;
2. accepting the cancellation but providing their own reason and/or comments; or
3. disputing the cancellation and requesting review by PalletPal staff.
10.1. Refunds and Credits
A Shipper may receive a full refund of the Order, less non-refundable fees, payment returned to Shipper within 120 days of the cancellation.
PalletPal does not warrant that the mobile application will be compatible or interoperable with your mobile device or any other piece of hardware, software, or equipment. Furthermore, you acknowledge that compatibility and interpretability problems can cause the performance of your mobile device to diminish or fail completely, and may result in permanent damage to your mobile device, and corruption of the software of and files located on your mobile device, and PalletPal shall have no liability should these problems arise. You assume all responsibility and risk for the use of the PalletPal Services and mobile applications.
You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct application for your device. PalletPal is not liable if you do not have a compatible mobile device or if you download the wrong version of the application for your mobile device. PalletPal reserves the right to terminate the Service and the use of the application should you be using the Service or application with an incompatible or unauthorized device. You will comply with all applicable laws from your home nation, the country, state, and/or city in which you are present while using the application or Service.
Service Provider must obtain and provide to PalletPal all airway bills and bills of lading related to the Services (“Bills”). PalletPal will provide those Bills it receives from the Service Provider related to Shipper’s Order to the Shipper.
As a neutral venue, PalletPal does not set terms specific to Service Provider cargo liability. Except where otherwise provided by the Service Provider via the Platform, the Service Provider liability for any cargo damage, loss, or theft from any cause shall be determined under the presiding, applicable law. All cargo claims should be submitted immediately by the Shipper to the selected Service Provider to help ensure timely resolution, and PalletPal shall have no liability or responsibility for the same. The Shipper may not offset freight or other charges against claims for any loss, damage, misdelivery, or non-delivery. The liability for cargo loss offered will be determined by the terms of a specific Order. The Shipper agrees that by booking a shipment on PalletPal they have been afforded a choice of reasonable liability rates for the protection of all freight shipped, and voluntarily chosen the released rates and limits published by Service Providers as stated in the Order.
You solely are responsible for any information You provide to us or other users in the registration, shipping, transportation process, or any other use of our Services. Your personal information and any shipment listings must be true, legal, accurate, and non-fraudulent. You authorize PalletPal to use the information You supply to us in connection with our Services and in accordance with this Agreement. You acknowledge and agree that our Services act as a passive conduit for any and all communication and/or distribution of information and such communication and/or distribution does not constitute a sale of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information, nor will we act as a monitor over the content of such communication or information. However, we do reserve the absolute right to remove or restrict any communication or information that You may post to the PalletPal Services that is in the sole opinion of PalletPal a violation of this Agreement, illegal, discriminatory, threatening, or lewd. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.
Furthermore, You expressly represent and warrant the following: (1) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that You post on the PalletPal Services, or; (2) You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content, and/or information. To only that extent to allow us to use your communication, content, and/or information and not violate your rights in the same, You grant to us a royalty free, transferable, worldwide, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity, and database rights that You have in your communication, content, and/or information. You further represent and warrant that any and all of your online communication, content, and/or information will not, in the sole opinion of PalletPal:
- Violate any international, federal or state law, regulation, rule, or statute;
- Violate the terms of this Agreement;
- Infringe upon any third party's intellectual property rights including, but not limited to, copyright, patent, or trademark rights;
- Contain obscene, lewd, or suggestive content and under no circumstances will it contain pornography;
- Be libelous, threatening, discriminatory, harassing, or defamatory. This specifically includes making legal claims of any sort about PalletPal employees, agents, other users, or any of the PalletPal Services;
- Knowingly contain any computer hardware or software, viruses, trojan horses, worms, or any other computer programming that may interfere with the operation of our Services, operation of any of our systems, and/or create or impose a large burden or load on our Services;
- Scan or test the vulnerability or security of our Services or the system within which our Services operate;
- Be used for commercial or public purposes outside of the requirements of this Agreement;
- Knowingly create liability for PalletPal through your use of PalletPal’s Services;
- Frame or link to our Services without our written permission; or
- Knowingly involve the upload, or insertion of, any programming language or code into or onto our Services.
The PalletPal Services are self-policed by PalletPal users via a flagging system that is used to communicate the policies of the PalletPal User Agreement and Flagging Policies.. PalletPal reserves the right to edit, amend, or delete any information posted on the PalletPal Services if, in the sole opinion of PalletPal, it is in violation of any policy or the Community Rules and Guidelines and may suspend or terminate any User account at any time.
19.1. Information Posted Publicly
Unless otherwise indicated, shipping transaction activity on PalletPal is intended to be made public, and You are authorizing PalletPal to use or repurpose this information within the scope of the PalletPal Services and this Agreement, including in a user identifiable manner. In order to maintain the safety, security and integrity of the PalletPal Service, You may not provide contact information to other users prior to booking and never on any public area of the site.
19.1. Information Posted Privately
Some portions of the PalletPal platform implement third party API(s). Your use of such an API is subject to the terms of service for that API.
PalletPal may suspend or remove your account at any time for any reason including without limitation if we suspect that You have engaged in prohibited activities in connection with our Services. PalletPal reserves the right, but is not obligated, to edit, amend, or delete any prohibited or malicious content that users submit on our Services. Users may not manipulate or attempt to manipulate other users’ PalletPal accounts. Other prohibited activities include, but are not limited to:
Requesting payment from another PalletPal user via instant cash transfer services (non-bank, point-to-point cash transfer services such as Western Union or Moneygram);
- Improperly influencing in any manner, or cause another to improperly influence or manipulate in any manner the feedback of the user;
- Posting and/or copying and pasting the content of a user feedback review from the PalletPal Services to your own personal or business website, to any other third party website, and/or on any of your own personal, business, or third party marketing/advertising materials regardless of the form;
- Posting or attempting to post, in any manner or by any means, a feedback review on your own PalletPal account;
- Asking Shippers to pay off-site through another form of payment when they have already paid through PalletPal Payments;
- Changing, or in any way attempting to collect from users, as an additional charge to the total amount agreed upon for the Services or;
- Charging users a higher price (including taxes, service charges, or any other fees) than that which was agreed upon on PalletPal (provided that the shipment was as described on PalletPal). The Order price must include ANY and ALL charges, including any taxes, fees, etc.;
- Causing another person or entity to engage in any conduct, act, or behavior intended or designed to circumvent or avoid, in any manner, our rights;
- Entering into any transaction, letter of intent, or memorandum of understanding, written or verbal, formal or informal agreement, with a user, that circumvents or avoids our rights;
- Communicating or corresponding, whether by written, verbal, or electronic means, with a user, for the purpose of entering into an agreement or transaction that circumvents or avoids our rights;Entering personal contact information, such as but not limited to: website addresses, fax numbers, phone numbers, street addresses, or email addresses;
- Using personal contact information, such as but not limited to: website addresses, fax numbers, phone numbers, street addresses, or email addresses, obtained through the PalletPal site to offer to deliver a listed shipment off-site or to offer a shipment for delivery off-site;
- Using the PalletPal name on your own personal and/or business website in any manner, including in the URL without express written consent of PalletPal;
- Attempting to redirect website traffic from the PalletPal software platform to your own personal and/or business website in any manner.
We reserve the absolute right to reject or suspend your participation, or remove You from your current participation, with the PalletPal Services at any time and for any reason or for no reason and without notice to You.
We are not liable for any damage or loss resulting from such hold, suspension, or removal. Events and scenarios that may result in the suspension or removal of your participation include but are not limited to: flagging; abusive or hostile behavior; unresolved disputes; creating and/or maintaining multiple accounts or relation to other accounts; committing fraud or violating this User Agreement; and, poor performance on the site (high cancellations, negative feedback, etc.). PalletPal has no obligation to disclose the reason for actions taken under this section. All decisions are final.
For each PalletPal transaction, the Shipper is allowed to rate Service Provider by leaving feedback. Feedback should be left only after a shipment has been delivered or a cancellation has been completed. You agree that You will not use your PalletPal feedback in any venue other than PalletPal. Users should always use caution and good judgment when leaving feedback for another user because You could be held legally responsible for damages to a user’s reputation if a court were to find that the remarks constitute libel or defamation. Under federal law (the Communications Decency Act), because PalletPal does not censor feedback or investigate it for accuracy, PalletPal is not legally responsible for the remarks that users post, even if those remarks are defamatory. However, this law does not protect the person who leaves the feedback from responsibility for it. PalletPal may use the feedback in any way it deems fit in its sole and absolute discretion.
23.1. Resolving Feedback Disputes
PalletPal will resolve disputes as it sees fit in its sole discretion.
Disputes between You and PalletPal regarding our Services should be reported to PalletPal Support and are otherwise governed by this User Agreement. We will attempt to resolve any disputes between you and another user through customer support protocols. Because we are a neutral venue, however, we are not responsible for successfully resolving any disputes, nor are we responsible for any decisions made or actions taken in a reasonable effort to assist in the resolution of a dispute involving You. If You report a dispute to PalletPal, we will make reasonable efforts to help both parties communicate; however, all disputes must be resolved directly between You and the other party. Therefore, if we are contacted by a user who claims to have a dispute with You regarding transactions completed on PalletPal and they request your contact information (including, but not limited to, any of your provided phone numbers and/or addresses) to settle the dispute, You expressly authorize us to release your provided contact information to the PalletPal user and You agree to release us from any and all liability associated therewith. We encourage You to report all user-to-user disputes to law enforcement officials, or a certified mediation or arbitration entity. When appropriate, we also encourage you to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies.
You may not list on any Request anything that does or could in its execution violate any applicable law, statute, ordinance, regulation, or includes prohibited items. Shipper is responsible for accurately and completely providing a description of the goods and services in the Request. PalletPal’s sole obligation with respect to the contents of an Order is to accurately and completely relay what it receives as between the Shipper and Service Provider.
(U.S. Only) Household Goods Shipments. Federal Motor Service Provider Safety Administration (FMCSA), part of the U.S. Department of Transportation, administers laws and regulations for the protection of Shippers of household goods. Your Service Provider is required by the FMCSA to provide You with certain information pertaining to a household goods move. You can determine the FMCSA registration and safety status of your Service Provider at www.fmcsa.dot.gov and review the FMCSA regulations for household goods moves as well as other helpful information at ProtectYourMove.gov.
(U.S. Only) Non-household Goods Shipments. The Federal Motor Service Provider Safety Administration, part of the U.S. Department of Transportation, requires that all Service Providers handling interstate shipments register with it and provide certain information. You can determine the registration and safety statutes of your Service Provider at www.fmcsa.dot.gov. Certain transportation services may involve movements only within one state. A number of states have statutes and regulations pertaining to such intrastate transportation. We suggest You check with your state Department of Transportation if your service is entirely within one state.
You hereby agree and acknowledge that your execution of this Agreement, your provision of services and/or your use of the PalletPal Services, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship with us and furthermore that no affiliation, association, or connection exists between You and PalletPal.
Should you have a dispute with one or more PalletPal users, You release PalletPal Digital Logistics Ltd., its officers, directors, agents, advisors, attorneys, accountants, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and/or this User Agreement.
As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to You or You may otherwise learn of, or 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 ("Our Information"). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited. All obligations contained in this Section shall survive the termination of this Agreement. Furthermore, You acknowledge that Our Information is proprietary, confidential, and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief in addition to recovery for damages.
You are solely responsible for any and all taxes, levies, charges, and fees incurred or that may be payable to any taxing authority in connection with the transactions hereunder, other than any income tax incurred by PalletPal.
PalletPal reserves the right to keep all records of any and all transactions and communications between You and other users for administration purposes in accordance with all applicable laws and regulations. All records will be kept in accordance with applicable privacy laws and regulations.
During the term of this Agreement You shall not solicit to hire nor hire our employees, Shippers, or Service Providers of whom You become aware of through the performance of this Agreement. Furthermore, You shall not otherwise interfere with any of PalletPal’s other business relationships including, but not limited to, those with other PalletPal users, vendors, or business associates. Specifically, You shall not knowingly, directly or indirectly, solicit or attempt to solicit, divert, and/or send marketing content to any PalletPal user in which you initially met through PalletPal.
We always want to receive messages and feedback from PalletPal users and welcome any comments regarding the PalletPal marketplace. However, PalletPal policy does not allow us to accept or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by PalletPal might be similar or even identical to your idea.
If You do send PalletPal an unsolicited suggestion, idea, or proposal, or if You send, at the request of PalletPal, a comment or suggestion to improve the PalletPal Marketplace (for example, through discussion boards or via email) (collectively, the "Submission"), PalletPal will consider the Submission to be non-confidential and non-proprietary. PalletPal shall have no obligations concerning the Submission, contractual or otherwise (including, but not limited to, an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. PalletPal shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you.
If You use our Services in violation of this agreement, we are authorized to take action against you as a user and/or take action against your PalletPal account which may include, but is not limited to, the immediate removal of your Requests, Quotes, and/or profile, notifying our users of your actions, issuing a warning, temporarily suspending your user status, terminating your user status, and/or refusing to provide our Services to You in the future.
You acknowledge that we cannot guarantee the continuous operation of or access to our sites, Services, or tools including those of third-party solution providers. You further acknowledge that operation of and access to our sites, Services, or tools including those of third-party solution providers may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that PalletPal is not responsible for any failures, delays, outages, or otherwise not making the Services available at any time. You agree that You are making use of our sites, Services, and tools including those of third-party solution providers at your own risk, and that they are being provided to You on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, warranties of title, and fitness for a particular purpose.
In addition, to the extent permitted by applicable law, we are not liable, and You agree not to hold PalletPal responsible, for any damages or losses resulting in any way from the foregoing in this Section, or the following:
- Viruses or other malicious software obtained by accessing our Services, or tools linked to our Services including those of third-party solution providers;
- Glitches, bugs, errors, or inaccuracies of any kind including information and graphics obtained from or in our Services;
- The content, actions, or inactions of third parties, including items listed using our Services;
- Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this Agreement or our policies;
- Changes to the Service availability, including planned or unplanned Service downtime;
- Changes to any PalletPal products, features, or Services; and
- Your removal from the PalletPal marketplace.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to You. In such jurisdictions, it is the intent of the parties to this User Agreement to make clear that PalletPal’s liability is extremely limited and provides its services “AS IS”, and if this User Agreement is modified by any Court of competent jurisdiction to conform to local law, such modification shall be conducted while preserving the original intent of the parties as closely as possible.
You agree to indemnify and hold PalletPal and our officers, directors, agents, advisors, attorneys, accountants, and employees harmless from any claim or demand, including the cost of your attorneys' fees, made by any party (whether you or a third party) due to or arising out of your negligence, breach of this Agreement, misuse of PalletPal’s Services, or violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the PalletPal Services and your listing, shipping, transporting, and solicitation of offers to ship and transport items.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT IS AN AGREEMENT TO ARBITRATE DISPUTES (“ARBITRATION AGREEMENT”) AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. YOU UNDERSTAND AND AGREE THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, BUT BY ENTERING INTO THIS AGREEMENT CHOOSE TO HAVE ANY DISPUTE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY NOT BE AVAILABLE OR MAY BE MORE LIMITED IN ARBITRATION, INCLUDING YOUR RIGHT TO APPEAL.
In consideration for our willingness to provide you with access to our sites, Services, or tools, you and we agree as follows: Any legal claim arising out of or relating to this Agreement or our Services (excluding legal action taken by PalletPal to collect our fees or recover damages for, or obtain an injunction relating to, the PalletPal operations, intellectual property, or Our Information), shall be settled by binding arbitration in accordance with the commercial arbitration rules of British Common Law as is applied by the Dubai International Financial Centre (DIFC) Courts. The arbitration shall be conducted in Dubai, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS SECTION MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CLIENT OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CLIENT OR USER. YOU HEREBY WAIVE YOUR RIGHT TO COMMENCE OR PARTICIPATE IN ANY SUCH COLLECTIVE OR REPRESENTATIVE PROCEEDING.
The PalletPal Services contain trademarks, trade names, trade dress, service marks, domain names, and other indicia of ownership (collectively the "Marks") owned or licensed for use by PalletPal. Unless otherwise agreed to in writing, You agree that no right, property, license, permission, or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by You pursuant to the execution, performance or non-performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and You shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks in any manner that would diminish their value or harm their reputation. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the PalletPal Services without express written consent. You may not use any meta tags or any other "hidden text" utilizing PalletPal’s name or trademarks without the express written consent of PalletPal. You shall not use or register any domain name that is identical to or similar to any of the Marks. To the greatest extent possible, PalletPal’s rights in our Marks and Our Information shall be enforceable and respected worldwide.
PalletPal uses industry standard practices to safeguard your personal information. We utilize several different security techniques to protect data from unauthorized access, but we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our Services can be interrupted by numerous factors outside of our control.
THIS AGREEMENT AND YOUR USE OF THE SERVICES SHALL BE GOVERNED BY BRITISH COMMON LAW AS IS APPLIED BY THE DUBAI INTERNATIONAL FINANCIAL CENTRE (DIFC) COURTS, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
You acknowledge and agree that we have the sole discretion to set forth and post additional terms and conditions for your use of the PalletPal Services at any time. You agree that any additional terms and conditions that apply to your use of our Services shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, You expressly agree that, if there is any conflict between those additional terms and conditions and the specific terms and conditions set forth herein, the terms and conditions set forth in those additional terms shall govern.
This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole, and any such provision should be enforced by authorities and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation or arbitration involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.
All notices sent to PalletPal shall be sent by Electronic mail to: Hello@palletpal.me, confirmation of receipt by PalletPal is required for the notice to be effective. All notices will be sent to You using the contact information you provide, and may be sent via regular mail, e-mail, text, phone call, or fax.
PalletPal’s attorney has assisted in the preparation of this Agreement which includes the terms as agreed by the parties. Nothing in this User Agreement shall be construed in favor of or against PalletPal by virtue of its role in drafting this User Agreement. Users are encouraged to read this document in its entirety and consult with independent legal counsel regarding questions.