Terms

Terms&Conditions

PLEASE READ THESE TERMS OF SERVICE (“TERMS OF SERVICE”) CAREFULLY BEFORE USING OUR DISPATCH SERVICE BECAUSE THESE TERMS OF SERVICE CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND SC Dispatch66 Logistics Avif Srl (“DISPATCH,” “WE,” “US,” OR “OUR”) FOR YOUR USE OF THE DISPATCH SERVICES . IF YOU DO NOT ACCEPT OR UNDERSTAND THESE TERMS OF SERVICE, DO NOT USE THE DISPATCH SERVICE AND DO NOT CLICK ON  “I AGREE” BUTTON PRESENTED TO YOU. BY INDICATING THAT YOU AGREE BELOW, YOU AGREE (1) TO ACCEPT AND BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, AND (2) YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD, AND (3) YOU HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, AND (4) YOU ACCEPT THESE TERMS OF SERVICE AND OUR PRIVACY POLICY.

Description of Services OBLIGATIONS OF DISPATCHER(LOGISTIC AND CONSULTING SUPERVISOR) : 1. DISPATCHER agrees to handle paperwork , phone calls, facsimile to, from the BROKERS or SHIPPERS OR ANY OTHER THIRD PARTIES to tender commodities shipments to CARRIER for transportation in interstate or intrastate commerce by CARRIER between pick up and delivery locations within the operating authority of the CARRIER. 2.DISPATCHER bears no financial or legal responsibility in the transaction between the SHIPPER/BROKER and CARRIER agreement. 2°. BILLING INVOICING AND COLLECTIONS of revenue from customers, brokers, shippers, consignees, etc are the sole responsibility of the CARRIER.If revenue for a shipment is uncollectible Dispatch66 Logistics Avif Srl will be held harmless and no penalty or deductions of fees will be made. 2°.DISPATCHER will be held harmless in the event of any and all insurance or any other claims as well as truck,freight or any of the CARRIER belongings being damaged in the process of transportation. 3. DISPATCHER will make effort to keep the truck or trucks loaded to our full extent. 4.DISPATCHER will contact CARRIER about EVERY transportation(LOAD) options that we have to offer, CARRIER will ACCEPT OR DECLINE the load. OBLIGATIONS OF CARRIER: 1. CARRIER AGREES to pay a fee per load negociated in the beggining of the contract signed by both parties 2. CARRIER grants DISPATCHER authority to provide his/her signature for rate confirmation sheets and associated paperwork necessary for securing cargo(LOAD) for CARRIER . 3. This agreement shall be perpetual , provided that either party may terminate said contract by giving a 30 days written notice to each other. 4.CARRIER has the obligation of DECLINING(REFUSING) OR ACCEPTING LOADS/shipments/cargo/freight offered by the DISPATCHER , in case OF ACCEPTING said LOADS/shipments/cargo/freight the CARRIER will pay for services rendered even if the CARRIER from it’s own fault( except natural disasters and truck/trailer breakdown with proof) can not pick up shippement/cargo/load. 5. CARRIER agrees to make available the following documents for dispatching purposes : 5a. MC( MOTOR CARRIER AUTHORITY FORM) 5b. W-9 SIGNED AND DATED RECENTLY 5c. COPY OF ACTIVE INSURANCE 5d. LETTER OF AFFILIATION WITH FACTORING COMPANY (if available) also known as NOA LETTER.

The dispatch service was created by avifdispatch.com to allow you to manage truck loads Changes to Terms We may change, modify, add or remove portions of these Terms of Service (each, an “Update”) at any time and in our sole discretion with or without prior notice to you and such Updates will be effective immediately. If we make Updates to these Terms of Service, we will change the “Last Updated” date above and describe the changes in a chart at the bottom of these Terms of Service. Your continued use of an App will confirm your acceptance of the updated Terms of Service. We encourage you to frequently review these Terms of Service to ensure you understand the latest terms and conditions associated with use of the Dispatch Services. If you do not agree to the updated Terms of Service, you must discontinue using the Dispatch Services.

Privacy Policy Please refer to our Dispatch Privacy Policy (the “Privacy Policy”) for information regarding how we collect, use and disclose information about you in connection with your use of the Apps and our provision of Dispatch Services, and regarding how others collect, use and disclose information about you.

Dispatch Accounts and payment To use Dispatch Services, you may be required to create a unique profile called a “Dispatch Account”. Account registration requires you to submit certain personal information to us. You will submit only accurate, up-to- date, complete, and truthful information when creating a Dispatch Account. We have the final discretion in granting accounts, and reserve the right to reject your registration without explanation. You are responsible for all activity that occurs under your Dispatch Account, and you agree to maintain the security and secrecy of authentications, access codes, passwords, and other credentials (as well as any communications transmitting such credentials to you) associated with your Dispatch Account. If you discover or suspect any unauthorized access or other security breaches pertaining to your Dispatch Account or the Dispatch Services in general, please let us know as soon as possible. You may only possess one Dispatch Account at a time. Dispatch does not collect or retain payment card information. Once you have created your Dispatch Account, you can securely access the Apps and Dispatch Services. You may deactivate your Dispatch Account at any time, for any reason. PAYMENTS CAN NOT BE REIMBURSED because our clients pay for our dispatch service after they have received the service 100%. (for example : we book 5 to 7 loads per week/truck , at the end of the week after all the loads have been completed by the client we will send our invoice for our dispatch service). You can cancel our service at any time with a written/dated notice signed by both parties CARRIER AND DISPATCHER. If your right to use Dispatch Services is permitted pursuant to an agreement in place between Dispatch and a business partner of yours, then if Dispatch’s agreement with such business partner terminates, such termination may result in termination of your right to use Dispatch Services.

Terms of Access and Use · Certain Restrictions: The rights granted to you by these Terms of Service are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any Dispatch Services; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Dispatch Services, except to the extent the foregoing restrictions are expressly prohibited by applicable law; no part of Dispatch Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, and (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in any portion of Dispatch Services. Any future release, update, or other addition to the functionality of the Dispatch Services is subject to these Terms of Service, unless otherwise provided in terms associated with such addition. · Modification of Services: Dispatch may, at any time, modify, suspend, or discontinue the Dispatch Services or any part thereof with or without notice, except we will not discontinue the Purchased Service (defined below) except as provided herein. In the future we may offer additional services, features, functionalities and in-app purchases. Dispatch will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Dispatch Services as permitted herein. · Ownership: Dispatch and its licensors own all right, title and interest, including all related intellectual property rights, in and to the Dispatch Services. These Terms of Service are not a sale and they do not convey to you any rights of ownership in or related to the Dispatch Services.

Code of conduct You will use Dispatch Services, only in a safe manner and in compliance with laws, rules and regulations, and will not access or use Dispatch Services in an unlawful way or for an unlawful or illegitimate purpose. Any use of Dispatch Services other than as specifically authorized in these Terms of Service is prohibited and may result in our termination of your license, as well as possibly exposing you to legal action and damages. In addition: You will not copy, distribute or disclose any part of the Dispatch Services in any medium, including without limitation by any automated or non-automated “scraping”; You will not submit fraudulent workers compensation claims, insurance applications, insurance claims, or otherwise attempt to defraud Dispatch Service, its insurance providers and partners, or any other party in connection with your use of the Dispatch Services; You will not use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access Dispatch Services in a manner that sends more request messages to Dispatch servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Dispatch grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, not caches or archives of such materials); You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Dispatch Services; You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; You will not post or publish Content containing financial, confidential, privileged, personally identifiable or personal information; You will not collect or harvest any personally identifiable information, including account names, from the Dispatch Services; You will not access the Dispatch Services through any technology or means other than those provided or authorized by Dispatch; You will not stalk, harass, bully or harm another individual who uses Dispatch Services; You will not impersonate any person or entity or misrepresent your affiliation with a person or entity; You will not hold Dispatch responsible for your use of or inability to use Dispatch Services; You will not violate any requirements, procedures, policies or regulations of networks connected to Dispatch; You will provide truthful and accurate Content; You will not cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of the Dispatch Services, including the de-indexing or de-caching of any portion of the Dispatch Services from a thirty party’s website, such as by requesting its removal from a search engine; You will not upload any Content to the Dispatch Services that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it; You will not use Dispatch Services (i) to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third party privacy rights, (ii) to violate, or encourage the violation of, the legal rights of others (for example, this may include allowing users to infringe or misappropriate the intellectual property rights of others in violation of the Digital Millennium Copyright Act), (iii) to engage in, promote or encourage illegal activity; (iv) for any unlawful, invasive, infringing, defamatory or fraudulent purpose (for example, this may include phishing, creating a pyramid scheme or mirroring a website); (v) to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, malicious code, or other items of a destructive or deceptive nature; (vi) to interfere with use of the Dispatch Services, or the equipment used to provide the Dispatch Services, by customers, authorized resellers, or other authorized users; (vii) to disable, interfere with or circumvent any aspect of the Dispatch Services; (viii) to generate, distribute, publish or facilitate unsolicited mass email, promotions, advertisings or other solicitations (“spam”); or (ix) to access any Google product or service in a manner that violates the terms of service of such Google product or service; You will not use Dispatch Services for high risk activities such as the operation of nuclear facilities, air traffic control, or life support systems, where the use or failure of the Apps could lead to death, personal injury, or environmental damage, or use Dispatch Services to operate or enable any telecommunications service or in connection with any application that allows users to place calls or to receive calls from any public switched telephone network; You will not use Dispatch Services to process or store any data that is subject to the International Traffic in Arms Regulations maintained by the Department of State; and You will not use Dispatch Services to post any content that we determine to be false, misleading, unlawful, discriminatory, abusive, libelous, defamatory, obscene, invasive, threatening, harassing, inflammatory or fraudulent. Please let us know about any inappropriate behavior that you become aware of through Dispatch Services. If you find something that violates these Terms of Service, let us know by sending us an e-mail to legal@dispatch.me. We reserve the right, in our sole and absolute discretion, to deny you or anyone access to Dispatch Services without notice. If you are discovered to be undertaking any of the aforementioned actions your privileges to use the Dispatch Services may at our discretion be terminated or suspended.

Availability and Access We do not guarantee that any of the Dispatch Services will be available, work, or be accessible at any particular time. We cannot guarantee that the Dispatch Services will work as advertised, or will give you the desired results.

Purchased Services If you elect to purchase a subscription to a paid version of an App (“Purchased Service”), then you will pay all fees specified by us at the time of purchase. Payment for our dispatch services can be done online via credit card, personal or company credit card , in complete safety.(3d Secure) Accepted credit cards are VISA ( Classic and Electron) and MASTERCARD /MAESTRO No commission on credit card payments. The safety of your information is guaranteed by PlatiOnline.eu we do no store any credit card information, we send them via a encrypted connection when payment is requested to the processioning bank , this way all your information is safe and encrypted. On your credit card bill your transaction will appear as ” avifdispatch.com ” . PAYMENTS CAN NOT BE REIMBURSED because our clients pay for our dispatch service after they have received the service 100%. (for example : we book 5 to 7 loads per week/truck , at the end of the week after all the loads have been completed by the client we will send our invoice for our dispatch service). You can cancel our service at any time with a written/dated notice signed by both parties CARRIER AND DISPATCHER. Unless otherwise stated, our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchases hereunder. If we have the legal obligation to pay or collect Taxes for which you are responsible under this section, the appropriate amount will be invoiced to and paid by you, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. We are solely responsible for taxes assessable against us based on our income, property and employees.

Intellectual Property Rights Except for your Content, all information and materials contained on or within the Dispatch Services, including, but not limited to, text, graphics, HTML, look and feel, images, illustrations, designs, audio, video, white papers, press releases, data sheets, names, product names or descriptions, icons, photographs, video clips, typefaces, format, queries, and other materials and information (collectively, “Dispatch Content”), as well as their selection and arrangement, and all intellectual property and other rights relating to Dispatch Content, as between you and Dispatch, are solely and exclusively owned by Dispatch. You will not directly or indirectly copy, republish, frame, download, transmit, modify, display, distribute, reverse engineer or sell, in whole or in part, any Dispatch Content or the Apps, or any related software or information, except as expressly permitted in these Terms of Service. Your unauthorized use of Dispatch Service violates these rights and these Terms of Service. Except as expressly provided in these Terms of Service, Dispatch does not grant any express or implied rights or licenses to use Dispatch Service. We reserve all rights not expressly granted in these Terms of Service. All trademarks, service marks, logos, slogans and taglines displayed on or through Dispatch Services are the property of Dispatch and its licensors or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on or through Dispatch Services without the express written permission of Dispatch, or such third-party that may own the trademark, service mark, logo, slogan or tagline. Third Party Content, such as data accessed through the Dispatch Services, is subject to the copyrights of those third parties.

Nondisclosure The term “Proprietary Information” means information relating to Dispatch products, services and business that it treats as confidential. Proprietary Information shall include, but not be limited to, the Apps and Dispatch Content, and all of our proprietary or confidential formulas, source code, algorithms, methods, know how, processes, designs, components or features, developmental work, marketing requirements, marketing plans, customer names, prospective customer names, and third party proprietary information. You shall not use Proprietary Information for any purpose unrelated to your use of Dispatch Services and shall limit disclosure of such Proprietary Information to your employees, subcontractors, and consultants with a need to know the Proprietary Information, subject to a nondisclosure obligation comparable in scope to this section. You shall use Proprietary Information by using reasonable care. The obligations imposed by this section shall expire five (5) years after you cease using Dispatch Services, provided however that the obligations imposed by this section shall continue in perpetuity with respect to Dispatch’s trade secrets. The obligations in this section shall not apply to any Proprietary Information that: (a) is or becomes publicly known through no fault of your own; (b) is in your possession prior to receipt from Dispatch, as evidenced by your records kept in the ordinary course of your business; or (c) is rightfully obtained by you from a third party entitled to disclose the information without confidentiality restrictions. You may disclose Proprietary Information to the extent required by a court or other governmental authority, provided that you promptly notify us of the disclosure requirement and cooperate with us (at our expense) to resist or limit the disclosure.

Disclaimers YOU AGREE THAT YOUR USE OF THE DISPATCH SERVICES IS AT YOUR OWN RISK, AND ANY INFORMATION AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DISPATCH SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DISPATCH AND ITS LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. DISPATCH AND ITS LICENSORS DO NOT WARRANT THAT ANY ASPECT OF THE DISPATCH SERVICE: WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR PARTICULAR INTENDED USE, OR WILL COMPLY WITH THE LAWS, REGULATIONS OR REGULATORY GUIDELINES THAT ARE APPLICABLE TO YOU. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE DISPATCH SERVICES AND/OR DISPATCH CONTENT RESTS WITH YOU AND YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGES. IN THE EVENT OF ANY PROBLEM WITH THE DISPATCH SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE DISPATCH SERVICES.

Limitation of Liability IN NO EVENT SHALL DISPATCH OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING LOST PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR DEVICE OR OTHERWISE, OR SIMILAR DAMAGES) RESULTING FROM OR RELATING TO THESE TERMS OF SERVICE, INCLUDING WITHOUT LIMITATION (I) YOUR USE OR INABILITY TO USE THE DISPATCH SERVICES, OR ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM DISPATCH SERVICES, (III) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM DISPATCH SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH DISPATCH SERVICES, (V) ANY FAILURE OF ANY THIRD PARTY INFORMATION LISTED WITHIN DISPATCH SERVICES, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL OR (VI) ANY ERRORS OR OMISSIONS IN DISPATCH SERVICES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DISPATCH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE. YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN $100 U.S. DOLLARS OR THE TOTAL AMOUNT YOU PAID US WITHIN THE LAST SIX MONTHS IN CONSIDERATION FOR USING THE DISPATCH SERVICES, WHICHEVER IS GREATER.

Exclusive Remedy WITHOUT LIMITING THE LIMITATION OF LIABILITY DESCRIBED ABOVE, IN THE EVENT OF ANY PROBLEM WITH DISPATCH SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO UNINSTALL ANY APPS AND CEASE USING THE DISPATCH SERVICES. Some jurisdictions do not allow exclusion of implied warranties or limitations of liability for incidental or consequential damages, so certain disclaimers, limitations or exclusions described in these Terms of Service may not apply to you.

Publicity You agree that Dispatch Service may announce and promote your use of Dispatch Services, including adding your company’s logo to its website and promotional materials.

Contact Information If you have questions, complaints or claims with The Dispatch Services or these Terms of Service, please contact us using one of the following options: +1404-981-2371 or contact@avifdispatch.com

Payment for our dispatch services can be done online via credit card, personal or company credit card , in complete safety.(3d Secure) Accepted credit cards are VISA ( Classic and Electron) and MASTERCARD /MAESTRO No commission on credit card payments. The safety of your information is guaranteed by PlatiOnline.eu we do no store any credit card information, we send them via a encrypted connection when payment is requested to the processioning bank , this way all your information is safe and encrypted. On your credit card bill your transaction will appear as “avifdispatch.com” . PAYMENTS CAN NOT BE REIMBURSED because our clients pay for our dispatch service after they have received the service 100%. (for example : we book 5 to 7 loads per week/truck , at the end of the week after all the loads have been completed by the client we will send our invoice for our dispatch service). You can cancel our service at any time with a written/dated notice signed by both parties CARRIER AND DISPATCHER.