Dyspach provides its Platform to enable anyone registered with us (as a Customer) to offer, or agree, to purchase Transport Services from others who have become a Contracted Carrier of the Customer on the Platform.
This is the legally binding agreement that applies between you (as a Customer) and us regarding your use of our Platform and your purchase of Transport Services from Contracted Carriers. (If you are also a Carrier then a separate Dyspach Carrier Master Services Agreement also applies to your role as a Carrier.)
Each of:
(a) your confirmation, as part of your registration on the Platform, that you agree to this agreement; and
(b) any subsequent use by you of the Platform,
constitute separate legally binding acceptance of the terms of this agreement.
1.OUR ROLE
1.1Dyspach not a party to Transport Services Agreement
Dyspach’s role is to provide an online platform (being the Platform) for you to offer or agree to purchase Transport Services from your Contracted Carriers under a Transport Services Agreement between you and them. You agree that:
(a) Dyspach is merely a facilitator (via our Platform) of you offering or agreeing to purchase Transport Services and is not a party to any Transport Services Agreement between you and your Contracted Carrier for the supply of Transport Services;
(b) under any Transport Services Agreement you contract directly with your Contracted Carrier, not through Dyspach as a contracting party, and you are not a subcontractor or agent of Dyspach; and
(c) your Contracted Carriers do not make offers or submit orders via the Platform, or enter into any Transport Services Agreement, on behalf of Dyspach – they do that in their own right, directly with you.
To avoid any doubt, this agreement is a two-way agreement between just you (as a Customer) and Dyspach about our overall relationship with you. This agreement does not bind any Contracted Carrier of yours to whom you offer, or from whom you agree, to purchase any Transport Services.
1.2Platform-related services
Without limiting clause 1.1, Dyspach does provide certain services to Carriers and Customers, and imposes certain obligations on them, in order to make the Platform a good place for Carriers to offer or agree to provide Transport Services and for Customers to offer or agree to purchase them. This agreement sets out the services Dyspach provides to you as a Customer, and your obligations to us as a Customer.
2.BUYING TRANSPORT SERVICES
2.1Rate Card
The Rate Card applies to your provision of Transport Services under Transport Services Agreement. The applicable Rate Card is as it appears on the Platform. You acknowledge that any Contracted Carrier may change their Rate Card from time to time, as they see fit.
2.2Your identity
You must enter your full and correct name, other legal details and contact details on the Platform as part of your registration as a Customer, and update them promptly on the Platform if they change. We exclude any obligation to monitor, vet, verify or correct any information that you provide regarding your name and details but may do so for any reason.
2.3Identity of your Contracted Carriers
You must enter or verify on the Platform the relevant details required by the Platform to register a Customer as a Nominated Customer of yours.
You are solely responsible for entering the correct name, other legal details and contact details on the Platform for each Nominated Customer of yours, and ensuring that any such details provided by the Nominated Customer are correct. We exclude any obligation to monitor, vet, verify or correct any information regarding any Nominated Customer of yours but may do so for any reason.
2.4Electronic signing of Carrier Agreement
The Platform provides a method for both you and a Carrier to enter into a Carrier Agreement by having signatories electronically sign it, however Dyspach does not (and excludes any obligation to) verify or guarantee:
(a) the identity of the relevant signatory for either you or the Carrier; or
(b) the authority of the relevant signatory to sign electronically on behalf of the Carrier.
You must ensure, any you warrant, that the relevant signatory of each Carrier Agreement on your behalf is authorised to do so.
Dyspach does not review or vet any Carrier’s terms and conditions (which form part of a Carrier Agreement). It is your obligation to do that, including obtaining any legal advice if you are unable to assess the Carrier’s terms and conditions effectively yourself.
If at any time you suspend or terminate a Carrier Agreement, or become aware of the relevant Carrier having done so, then you must notify us immediately.
2.5Requesting quotes and submitting bookings
You may request quotes from, and (subject to Dyspach completing implementation of booking functionality on the Platform) submit bookings to, a Contracted Carrier at any time via the Platform.
Without limiting clause 7.2 or 7.3, after receiving any quote, and before submitting a booking, you must check (and we exclude any obligation to ensure) that the details and price stated in the quote or booking:
(a) are acceptable to you;
(b) reflect the distance, weight, dimensions, freight type, timing, additional services and other parameters or details applicable to the Transport Services; and
(c) do not contain any reasonably obvious error (and if you do identify any such error then you must promptly contact the Contracted Carrier or us).
You must ensure (and we exclude any obligation to check), that your intended freight is consistent with the quote or proposed booking, is permitted under the Carrier Agreement and will not cause the Contracted Carrier (or any subcontractor of theirs) to breach any law.
If, under the Carrier Agreement, the booking is subject to acceptance by the Contracted Carrier then you agree that:
(i) there is no guarantee that the booking will be accepted by them; and
(ii) there is no guarantee that the Contracted Carrier will respond at all (i.e. the Contracted Carrier might not either accept or reject your booking) before the intended time for provision of the requested Transport Services commences.
2.6Effect of submitting a booking
You agree that (irrespective of the terms of your Carrier Agreement with the relevant Contracted Carrier of yours) either:
(a) upon you submitting a booking to the Contracted Carrier via the Platform; or
(b) (if applicable) upon the Contracted Carrier accepting a booking by you via the Platform,
the following will all apply:
(i) you automatically enter into a legally binding Transport Services Agreement with the relevant Contracted Carrier (and not with us) to purchase the relevant Transport Services;
(ii) you will be legally bound to, and must, pay for the Transport Services, subject to any rights that you may have under the Transport Services Agreement;
(iii) the price at which you will ordinarily purchase the relevant Transport Services from the Contracted Carrier will be the price stated in the booking, subject to any additional amounts that the Contracted Carrier may become entitled to charge under the Transport Services Agreement in various circumstances;
(iv) you may only terminate the Transport Services Agreement where permitted under it and in accordance with its terms; and
(v) the Transport Services Agreement (or Carrier Agreement) may set out various circumstances in which the Contracted Carrier may subsequently decline to provide the Transport Services and cancel or terminate the corresponding Transport Services Agreement.
2.7Eligible countries
You may only agree via the Platform to purchase particular Transport Services if both of the following are located in the same country or region that is specified as a Dyspach Territory (e.g. all within Australia):
(a) your street address as registered with us; and
(b) the starting and finishing locations for the Transport Services.
2.8Other obligations
Except to the extent (if any) that the Platform expressly states that we will do so (in which case we do so on the Contracted Carrier’s behalf), we exclude any obligation to:
(a) create and send the following to you where you book Transport Services through the Platform:
(i) any shipping labels;
(ii) any applicable tracking number; and
(iii) a tax invoice for the Transport Services (although we may display on the Platform any tax invoice provided to us by the Contracted Carrier);
(b) provide any tracking service required under the relevant Transport Services Agreement (although we may display on the Platform any tracking information provided to us by the Contracted Carrier).
3.YOUR DATA
Despite any other provision of this agreement, you agree that we may:
(a) disclose information provided by you to any Contracted Carrier to the extent ordinarily required for the operations of the Platform;
(b) use or disclose information provided by you to the extent reasonably necessary or desirable for the operation of the Platform or Dyspach’s exercise of its rights against you or any other Customer or Carrier;
(c) disclose information provided by you to suppliers of ours who provide services as part of the ordinary operation of the Platform, including the suppliers listed from time to time at https://www.dyspach.com/list-of-third-parties-we-share-data-with/;
(d) disclose or use information provided by you, or relating to the use of the Platform by you or any of your Contracted Carriers, in order to prepare and provide benchmarks and other data on an anonymised aggregated basis regarding the usage of the Platform generally or to improve the functioning of the Platform; and
(e) maintain and publish (including on the Platform) ratings, statistics and comments about you and the Transport Services you purchase, based on input by your Contracted Carriers and data from your transactions via the Platform. You agree that our system for doing that may be automated and that we are not obliged to control or vet the input from your current or past Contracted Carriers or any resulting rating. To the extent permitted by law, we exclude any and all liability to you (on any basis, including negligence) in relation to any such rating, statistic, comment that we publish. If you are dissatisfied with any comment or other information provided by a Contracted Carrier of yours then you may request that we delete or amend it and we will consider that request in good faith.
4.PAYMENT
4.1Payment of Contracted Carriers
For each provision of Transport Services you must pay the relevant amount payable to the Contracted Carrier under the applicable Transport Services Agreement (and Carrier Agreement) at the time required.
We may (but are not obliged to) facilitate payment by you of any amount that you owe to a Contracted Carrier through one or more Payment Facilities and you acknowledge that we may receive a fee or other consideration in connection doing so.
4.2Dyspach Fees
You must pay us all fees (if any) payable by you to us, as described on the Platform from time to time or expressly agreed with you from time to time (Dyspach Fees). Those fees may include periodic subscription fees, usage-based fees or other amounts. Except to the extent expressly stated otherwise on the Platform:
(a) all Dyspach Fees that are periodic subscription fees are payable in advance;
(b) all other Dyspach Fees, including usage fees, are payable calendar monthly in arrears, within 14 days of us issuing the relevant invoice to you; and
(c) all Dyspach Fees exclude any applicable GST.
5.COURTESY, INFORMATION AND TRUST
5.1Courtesy
In all communications and dealings with any Carrier (whether in person, by phone, via the Platform or otherwise) you must behave courteously and professionally, even if the Carrier does not.
If a Carrier acts inappropriately (including by engaging in violent, threatening or offensive behaviour) then you should first contact your local police station and subsequently notify Dyspach, preferably with a copy of the relevant police report. We may, but are not obliged to, revoke or suspend the registration with Dyspach of any such Carrier but are not liable in any way for the conduct of the Carrier.
5.2Prohibited conduct
You must not:
(a) use the Platform to contact any Carrier other than for bona fide communication in relation to the provision of Transport Services under a Transport Services Agreement;
(b) use the Platform to promote, or encourage any Carrier (or other Customer) to participate in, any other product, service or website (including any product, service or website that is competitive with the Platform or us);
(c) use, display, mirror or frame the Platform (or any part of it), the layout of the Platform (or any part of it) or the name or any logo of Dyspach, except with the express written consent of Dyspach or the ordinary use or display by you as a normal end user of the Platform;
(d) use the Platform or any Dyspach Service for any illegal purpose or in connection with any illegal act; or
(e) do, or permit to be done, any act that could damage our reputation, or the reputation of the Platform.
5.3Accurate and acceptable Content
All Content that you:
(a) post on the Platform; or
(b) provide to us or any Carrier, in connection with any Transport Services or the Platform,
must be accurate and not misleading and must not include any Unacceptable Content. We have no obligation to monitor, vet or correct any Content you post or provide but have the right to do so for any reason.
5.4Licence of Content
You hereby grant us (and warrant that you have the right and authority to grant us) a non‑exclusive, irrevocable, perpetual transferable licence to copy, use, modify, sublicense, adapt and otherwise exploit in any way, and for any purpose, all Content that you post on the Platform or otherwise provide to us. You agree that (despite anything on the Platform that might suggest otherwise) we are not obliged to publish any such Content and may delete or edit it as we see fit.
5.5Privacy
You consent to us providing your personal information to others as described in our Privacy Policy. In addition, if at any time you provide the personal information of another person to us, then you must ensure that that person has read and understood our Privacy Policy and separately consented to that personal information being used and disclosed by us as described in the Privacy Policy.
You also consent to us maintaining and publishing (including on the Platform) ratings, statistics and comments about you, based on input by Carriers and data from your transactions via the Platform. You agree that our system for doing that may be automated and that we are not obliged to control or vet the input from Carriers or any resulting rating. To the extent permitted by law, we exclude any and all liability to you (on any basis, including negligence) in relation to any such rating, statistic or comment that we publish. If you are dissatisfied with any comment provided by a Carrier then you may request that we delete or amend it and we will consider that request in good faith.
5.6Dyspach requests for information
We expect that ordinarily we would not have any direct communication with you, whether in relation to a particular Transport Services Agreement or more generally. From time to time, however, it may be necessary or desirable for us to do so, including where any complaint or dispute arises. If at any time we request any information about you, or in relation to any Transport Services or Carrier, then you must provide it to the best of your ability as soon as practical.
5.7Confirmation of identity
We may offer services to you that provide a level of comfort about the identity or history of a Carrier. You acknowledge that as those services are based entirely or in part upon information provided by third parties (including Carriers or other Customers) the services are only intended to provide a degree of comfort, may be inaccurate and are not an absolute guarantee regarding the identity or history of any person or their future behaviour. You acknowledge that we do not undertake background checks on Carriers and agree that we are not obliged to do so.
6.SECURITY
6.1Issue of Logins
As part of the provision of the Platform, we will issue a single user ID and password (together being a “Login”) for use by an individual on your behalf as an admin user of the Service. The admin user will be responsible (via the admin user Login) for adding and deleting authorised users as further users of the Platform on your behalf by the issuing of usernames and passwords using the facility provided via the Platform (Customer Issued Logins).
6.2Security of Logins
You must:
(a) ensure that the admin user Login and each Customer Issued Login is kept secure and is used only by you or employees of yours who have been authorised by you;
(b) ensure that any Customer Issued Logon issued for use by a particular individual is promptly revoked if that individual ceases to be an employee of yours or authorised by you; and
(c) notify us immediately upon becoming aware that the admin user Login may be lost or stolen, or becoming aware or suspecting that another person knows the admin user Login, or has used the admin user Login, without your authority.
6.3Use of Logins
You are liable for all use of the Platform (including bookings, requests and information submitted via the Platform) in connection with any use of the admin user’s Login or any Customer Issued Login, including where the use is:
(a) by a person other than you (or an authorised representative of you);
(b) by a person using the admin user Login or Customer Issued Login fraudulently or without your authority; or
(c) by means of a machine rather than by direct or indirect human intervention or initiation.
Without limiting the above, we are entitled to treat all use of the Platform made using the admin user Login or any Customer Issued Login as use on your behalf and that you have authorised, and you are responsible for any obligations or liabilities of yours that arise in relation to that use.
7.WARRANTIES AND LIABILITY
7.1Platform availability and faults
We do not promise that the Platform will be available on a continuous or fault-free basis. To the extent permitted by law, we exclude all liability in relation to:
(a) any fault in, or failure of, any equipment, software or third party services used in connection with the supply of use of the Platform to you; or
(b) any fault or failure in the supply of use of the Platform involving any act, omission or event outside our reasonable control, including any equipment failure, power failure, fire, flood, water, labour dispute or shortage, utility curtailment, explosion, emergency, civil disturbance, war, act of God, governmental action or act or omission of any third party.
If we become aware of any such fault or failure, then we will use reasonable endeavours to address it. You must promptly notify us of any fault of which you become aware.
7.2No liability for your Contracted Carriers
We are not responsible or liable for any contractual breach, negligence, act or omission of any Contracted Carrier of yours, including for any:
(a) damage, destruction, loss or theft of any freight;
(b) failure by them to provide any Transport Services; or
(c) use or abuse of the Platform by them, including any errors or misleading or deceptive information in any information that is uploaded to the Rate Card by or on behalf of them.
7.3Calculation of distances, travel times and currency conversion
To the extent that the Platform uses or relies upon any third party service to calculate:
(a) the distance, travel time or currency conversion applicable to any Transport Services (Calculation Service); and
(b) the resulting price stated in a booking for Transport Services submitted by you via the Platform,
you agree that:
(i) we do not supply the Calculation Service and instead we obtain it (or seek to obtain it) and provide it to you on the Contracted Carrier’s behalf;
(ii) the actual distance, travel time or currency conversion applicable to the relevant Transport Services may differ from that calculated by the Calculation Service or stated in the Nominated Customer’s order on the Platform, due to reasons including:
(1)the location of either or both the start or end point used by the Calculation Service to calculate the distance or travel time being incorrect;
(2)the assumed route between the start and end points being impractical or impossible;
(3)traffic conditions or disruptions or variations from ordinary conditions;
(4)the timing of the Transport Services, or of any payment for or in relation to them, differing from the timing used for the Calculation Service;
(5)the Calculation Service being offline, or not operating correctly, at the time when the Platform requests the Calculation Service;
(iii) if it is reasonably clear that a pricing error has occurred on the Platform (e.g. a significant miscalculation of distance or a reasonably obvious error in the Rate Card) that resulted in you being undercharged, then you must promptly pay the to the Contracted Carrier the additional amount upon request by the Contracted Carrier or us; and
(iv) to the extent permitted by law, we exclude any liability to you in connection with the Calculation Service or any attempt to use it, including in relation to any incorrect calculation or failure to obtain a calculation.
7.4Mutual exclusion of other terms
To the extent permitted by law, and except as expressly provided in this agreement, all terms, conditions, warranties or representations (in each case whether express, implied, statutory or otherwise) by either you or us to the other, relating in any way to the Platform or our provision of it, any Other Services or this agreement, are excluded.
7.5General limitation of liability
Without limiting clause 7.6, to the extent permitted by law, any liability of ours:
(a) under any term, condition, warranty or representation that by law cannot be excluded or that is not otherwise excluded under clause 7.1; or
(b) under any guarantee (including any consumer guarantee) or other right under any law; or
(c) otherwise in connection with any the Platform or our provision of it, any Other Services or this agreement, including any advice by us in connection with any of the foregoing,
is, where permitted by law, limited at our option to the resupply of the relevant services provided by us or the payment of the cost of same.
7.6Exclusion of categories of loss
The following applies only to the extent permitted by law. All liability of ours is excluded in respect of any indirect or consequential Loss suffered or incurred by you, in relation to any Transport Services, the Platform or our provision of it or any Other Services, any delay or failure in providing any of them, or otherwise under or in connection with this agreement, and in any event (including where amounting to a direct loss) for any damage, destruction, loss or theft of any freight and and lost profits or goodwill.
Without limiting the above, and only to the extent permitted by law, all liability of ours is excluded in relation to:
(a) any information about any Contracted Carrier (including their identity, location or contact details), or provided by any Contracted Carrier, being incorrect, incomplete or out of date; or
(b) any Transport Services received by you being in any way unsafe, not suitable for the relevant purpose, or not complying with the Transport Services Agreement in any way.
7.7External Services
As distinct from Transport Services intended to be provided by Carriers where a booking is placed or accepted via the Platform, the Platform may (via Platform buttons or functionality, links, advertisements or otherwise) facilitate, provide links to or enable access to, third party services and websites (External Services), such as (but not limited to) the provision of transit insurance and Payment Facilities (whether by credit card or otherwise, or on a buy now pay later basis or otherwise). You agree and acknowledge that:
(a) we are not the provider of any External Services;
(b) use of an External Service may require that you accept additional terms;
(c) any facilitation of, or link or access to, an External Service is provided solely as a convenience to you and we do not provide or endorse any External Service (or any results that they provide) and have not, and are not required to, examine or evaluate the content, accuracy, completeness, validity, legality, decency, quality, or any other aspect of any External Service (or the results that it provides); and
(d) your use of any External Service is at your sole risk and, to the extent permitted by law, we exclude any and all liability to you for or in connection with any External Service or its use.
7.8Indemnity
To the maximum extent permitted by law, you must indemnify us against all Losses incurred by us in relation to:
(a) any breach of this agreement by you;
(b) any negligence by you in connection with the booking or use of any Transport Services, the Platform or your use of it or any Other Services;
(c) any claim by any Contracted Carrier of yours against us in relation to any Transport Services where you are the relevant Customer and have breached the relevant Transport Services Agreement; or
(d) any claim by any person against us in relation to, or in connection with, any freight that is the subject of the Transport Services purchased by you from a Contracted Carrier or your use of those Transport Services for any such freight (including any claim regarding any personal injury or death of any person, or damage to or destruction of any property).
This indemnity may be enforced by us before and without incurring any expense or making any payment to any person.
8.TERMINATION
8.1Term
This agreement will continue indefinitely until terminated by either party in accordance with this agreement.
8.2Termination without cause
Either you or we may terminate this agreement by giving at least 14 days’ notice to the other. Our and your obligations:
(a) in relation to any Transport Services purchased before the effective date of termination or any outstanding Transport Services Agreement as at the effective date of termination; and
(b) 3, 5, 7, 8, 9, 10 and 11,
will survive the termination. In addition, your obligations to the relevant Nominated Customer under any outstanding Transport Services Agreement are not affected by any termination.
8.3Termination or suspension for cause
We may terminate this agreement, or suspend provision of your access to the Platform, with immediate effect by notice to you if you breach this agreement in any way.
9.AMENDMENT
From time to time we may amend this agreement or the Dyspach Fees by notice to you via the Platform. Any such amendment will not take effect earlier than 14 days after the date on which we notify you. If an amendment is not acceptable to you then you may terminate this agreement in accordance with clause8.
10.NOTICES
Any notice given under this agreement by either party to the other must be in writing sent via the Platform, or by ordinary prepaid mail or email to the corresponding address below, unless either party notifies the other of a change of the relevant address.
You
Your current email or street address as registered with us.
Us
hello@dyspach.com
11.MISCELLANEOUS
11.1Independent contractors
The relationship between you and us is that of independent contracting parties and, except to the extent (if any) expressly stated in this agreement, no employment, agency, partnership or fiduciary relationship will arise as a result of this or any related agreement. You have no right, power or authority to bind us to any agreement, arrangement or understanding in any manner whatsoever.
11.2Intellectual property
All intellectual property (including copyright) in the Platform, and anything provided to you in connection with this agreement or the Platform, will remain our property.
11.3Applicable law
This agreement is to be construed according to, and is governed by, the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts in and of New South Wales, Australia in relation to any dispute arising under this agreement.
11.4Assignment and subcontracting
You may not transfer or assign your rights or obligations under this agreement to any other person. We may assign our rights, and subcontract our obligations, under this agreement.
11.5Severance
If any provision of this agreement or its application to any person or circumstance is or becomes invalid, illegal or unenforceable then the provision will so far as possible be read down to the minimum extent necessary to ensure that it is not. If any provision or part of it cannot be so read down, then the provision or part of it will be deemed to be void and severable and the remaining provisions of this agreement will not be affected or impaired in any way.
11.6Waivers
Any failure by any party to exercise any right under this agreement does not operate as a waiver and the single or partial exercise of any right by that party does not preclude any other or further exercise of that or any other right by that party.
11.7Entire agreement
This agreement constitutes the entire agreement between you and us in relation to its subject matter. Any prior arrangements, agreements, representations or undertakings are superseded and, except as expressly provided, each party warrants that it has not relied on any arrangement, agreement, representation or understanding which is not expressly set out in this agreement or incorporated by reference.
12.INTERPRETATION
12.1Dictionary
In this agreement the following phrases have the following meanings:
Carrier means a person who has successfully registered with us as a Carrier and has not had their registration suspended or revoked.
Carrier Agreement means the relevant agreement between you and a Carrier under which you submit orders to the Carrier for Transport Services. It comprises our standard front sheet, the Carrier’s terms and conditions and the applicable Rate Card.
Content means all information, data, documents, pictures, graphics, video, audio, text or other content, in each case in any form and for the avoidance of doubt includes any recipes, photographs, prices, comments, reviews or feedback.
Contracted Carrier means a Carrier who has entered into a Carrier Agreement with you where that agreement has not subsequently been suspended or terminated by you or the Carrier and the Carrier has not subsequently elected to cease temporarily or permanently to enter into Transport Services Agreements with you via the Platform.
Customer means a person who has successfully registered with us as a Customer and has not had their registration suspended or revoked. By agreeing to this agreement you become a Customer.
Dyspach means Dyspach Pty Ltd (ACN 671 390 551).
Dyspach Fees has the meaning given in clause 4.2.
Dyspach Territory means a country listed as such on the Platform.
Loss means any loss, damage, cost, interest, expense, fee, penalty, fine, forfeiture, assessment, demand, action, suit, claim, proceeding, cause of action, liability or damages incurred by a person, and includes legal costs on an indemnity basis and indirect or consequential losses.
Other Services means all the services that we agree to provide, or in fact provide, to you under or in connection with this agreement or the Platform (including the provision of any information or analysis in relation to your use of the Platform).
Payment Facility means any facility provided by a third party via or in connection with the Platform through which Customers can pay Carriers for or in relation to the provision of Transport Services.
Platform means the Website and any other technology that we provide for you to use.
Privacy Policy means our privacy policy, as applicable from time to time. At any given time you can obtain a copy on the Platform of the version applicable at that time.
Rate Card in relation to a Contracted Carrier of yours means the table or matrix, or combination of tables or matrices of rates, charges, surcharges and other amounts that you agree to pay the Contracted Carrier for various Transport Services, as stated on the Platform from time to time.
Transport Services means the transport and related services applicable under the relevant or proposed Transport Services Agreement any may include overnight, priority or standard transport services and services in various zones and with various transit times.
Transport Services Agreement means an agreement for you to purchase Transport Services from a Contracted Carrier that arises as a result of, or in connection with, your use of the Platform and the Carrier Agreement with the relevant Contracted Carrier.
Unacceptable Content means any Content that:
(a) is racist, hateful, violent, defamatory, harassing, abusive, threatening, malicious, inflammatory or otherwise objectionable;
(b) is pornographic, sexually explicit, obscene or excessively profane;
(c) is unlawful or encourages unlawful conduct;
(d) is fraudulent, false, misleading or deceptive;
(e) infringes, or encourages the infringement of, a third party's rights, including intellectual property, confidentiality or privacy rights;
(f) contains any Virus;
(g) amounts to commercial advertising of any other website, product or service; or
(h)contains any link to any website that includes any of the above types of content.
us means Dyspach.
Virus means any computer program, virus or other code that is harmful, destructive, disabling or which assists in or enables theft, alteration, denial of service, unauthorised access to or disclosure, destruction or corruption of information, data or software.
Website means our website at www.dyspach.com
12.2Rules of interpretation
In this agreement: