Terms of Service
Last Updated: July 12th, 2015
Please read carefully these Terms of Service before using our Services
LOGINET SOLUTIONS INC ("ExpressWaybill.com", "xWaybill.com", "xDriverApp.com", "TruckLoads.online", "xFleetPro.com" hereafter called "Sites") provides these Sites and the services provided by or through these Sites (hereafter called "Services") to you, subject to these Terms of Service (hereafter called "Terms").
Acceptance of the Terms
You must be of legal age (at least 18 years old) to enter into a binding agreement in order to accept the Terms. You acknowledge and agree that you have read these Terms carefully, understand each of them and agree to be bound by all of them. If you do not agree to these Terms, do not use any of our Services.
You are advised to check the Terms from time to time for any updates or changes that may impact you. LOGINET SOLUTIONS INC reserves the right to update and modify the Terms at any time without notice. Should you continue to use the Services after any such modifications have been made, this shall constitute your agreement to such modifications.
One person (representing a single company) may not maintain more than one account.
Violation of any part of the Terms will result in termination of your account. You can accept the Terms by checking the checkbox on registration form indicating your acceptance of the Terms and/or by actually using the Services.
If you register for an account on the Sites, you agree to:
(a) provide accurate, current and complete information as may be prompted by any registration forms on the Services (hereafter called "Registration Data");
(b) maintain the security and confidentiality of your username, password and other sensitive information;
(c) maintain and promptly update the Registration Data, and any other information you provide to Sites, and to keep it accurate, current and complete;
(d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Sites;
We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.
Fees, Taxes and Payments
Subscriptions to paid Services are available on monthly and yearly subscription plans. Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. The subscription fee will be charged to the Credit Card last used by you. If you would like the payment for the renewal to be made through a different Credit Card or if you do not wish to renew the subscription, you agree to inform us at least 7 (seven) days prior to the renewal date. In the event of termination of the subscription, you will be refunded the subscription fee for the unused portion of the subscription period, except the case your account termination occurs as the result of illegal or unauthorized activity.
All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.
You alone are responsible to charge all taxes applicable in your jurisdiction for services and /or products sold to your clients through the Services.
Discounts & Refunds: We are offering discounts or special offers for those buying our Services. You are agree that these discounts are temporary and may change without warning.
We will refund only the period of unused days for your monthly or annual billing. This period is calculated as follows: the difference in days from the date you cancelled your account and the last day paid and included within your last invoice.
Ownership of User Generated Content and Trademarks
In these Terms the content created or stored by you and available through the Services, including all information, data, logos, marks, designs, graphics, pictures, sound files and any other files is called "User Generated Content"
We respect your right to ownership of content created or stored by you. You own the content created or stored by you.
Your User Generated Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Generated Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Generated Content posted or stored on the Sites, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Generated Content you post or store on the Sites. If you authorize third parties (including the users created by you on the Sites) to access your User Generated Content through the Services, including through the API or an Add-on, you agree that we are permitted to provide to them the User Generated Content, and also agree that we have no responsibility or liability for their use of such User Generated Content.
Other than the User Generated Content, the Services itself, all content and all software available on the Sites or used to create and operate the Services is the property of LOGINET SOLUTIONS INC or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Services, such content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by their trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by LOGINET SOLUTIONS INC.
Driver Safety. You agree, and assume full responsibility, to drive safely, observe all traffic rules/laws and use your own personal best judgment while driving. Therefore, you will not access, enter or change information, or otherwise interact with the Sites while driving.
Restricted Activities. During your interactions with the Sites, with other users or third parties, you certify that you will not:
(a) open more than one account for one legal registered company or double broker or co-broker any shipment
(b) provide false, inaccurate or misleading information during the sign-up process, in banking or while transacting shipments
(c) allow information to become out-of-date or expired, or provide, or carelessly leave available to, your username and/or password to any non-registered person
(d) use the Services or the Sites for the transmission of "junk mail", "spam", "phishing" or unsolicited mass distribution of email
(e) transport freight without the appropriate authority, insurance coverage or bond, or transport freight outside the geographic bounds of your authority
(f) transport commodities you are not authorized to transport
(g) transport or solicit the transport of illegal or counterfeit goods
(h) reproduce, republish, resell or distribute information you accessed on the Sites, in any format, in whole or in part, for sale or commercial use by third parties
(i) act in a manner that is defamatory, trade libelous, threatening or harassing for our users or company personnel
(j) engage in any illegal, deceptive, misleading, unethical or fraudulent business practice
(k) collude with other Carriers or Shippers with the intent to manipulate data on the Sites
(l) take any action that may cause us to lose any of the services from our Internet service providers, network services, payment processors or any other suppliers
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. LOGINET SOLUTIONS INC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LOGINET SOLUTIONS INC MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM LOGINET SOLUTIONS INC, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT LOGINET SOLUTIONS INC SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF LOGINET SOLUTIONS INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU’RE SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH LOGINET SOLUTIONS INC RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL LOGINET SOLUTIONS INC’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold harmless LOGINET SOLUTIONS INC, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by LOGINET SOLUTIONS INC.
The Services and the Sites are controlled by LOGINET SOLUTIONS INC and operated by it from its offices in Laval, Quebec. You and LOGINET SOLUTIONS INC both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and LOGINET SOLUTIONS INC explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Sites, the Contents, the Add-ons or the Services will be governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity (dormant accounts for one year or more) or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to support at xwaybill dot com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account within thirty days of being notified about the suspension. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your e-mail address and password.
You may cancel your account at any time without penalties. Once your account is canceled (by you or by us), your account will be scheduled for deactivation. This process may take up to 7 days. During this time we'll do:
1. Calculate the eligible amount to be refunded for your account.
2. Remove all active users from your account.
3. Remove any add-on from your account or your free website.
Questions and Comments
Any questions regarding these Terms of Service should be addressed to support at xwaybill dot com