A Revolution in Airfreight
Innovative, Affordable and Scalable
Airfreight.bid, a division of Totalogistix, Inc. (hereinafter referred to as "Company") is a subscriber based freight matching platform for use by shippers, carriers and intermediaries seeking to ship international and domestic air freight (the “Platform”). The Platform allows shipper subscribers (“Shippers”) to obtain freight rates from numerous potential carriers and 3PL’s, and to track and trace shipments and store shipment history and other valuable information. Carrier and 3PL subscribers (“Carriers”) will be able to access available shipments and bid on those they seek to provide services on.
Terms and Conditions
The enrolled Shipper or Carrier subscriber, (hereinafter a "Subscriber") agrees to utilize the Platform in compliance with these Terms and Conditions which shall apply until altered or amended by the Company. The Company reserves the right, in its sole discretion, to refuse any shipment to be posted or quote or bid or other information to be placed on the Platform. Subscriber acknowledges that Company is not a carrier, 3PL or other transportation services provider or an agent for any such an entity or any Shipper. The Company provides the Platform as a transportation management tool solely for the use of Subscriber.
Subscriber acknowledges that all shipment information on the Platform will have been prepared by a Subscriber and shall be deemed, for all purposes to be prepared by the Subscriber and to bind Subscriber, regardless of who actually prepared the information.
Subscriber represents and warrants that its use of the Platform and shipments or services, as applicable, shall be in full compliance with all applicable laws, rules, and regulations including, without limitation, import and export laws, and of all applicable jurisdictions. Subscriber further represents and warrants that, where applicable, it is registered and in compliance with the security plan and training requirements for hazardous materials set forth in 49 C.F.R. §172.701-704, and 49 C.F.R. §172.800-804 and all similar statutes and regulations of all applicable jurisdictions, and will continue to be in compliance at all times it utilizes the Platform or, as applicable, ships or transports goods relating to the Platform. Subscriber will immediately advise Company if its registrations and/or compliance with these regulations expires or are terminated, and its subscription to utilize the Platform will immediately terminate. Subscriber shall furnish Providers such information and documentation as is reasonably necessary to establish its compliance with such laws, rules and regulations. The Company assumes no liability to the Subscriber or to any other person or entity for any claim of any type or kind brought by any person or entity, including all costs and expenses related thereto, due to the failure of the Subscriber to comply with this provision. Subscriber, as applicable, represents and warrants that any individual or entity scheduling shipments for Shipper or accepting shipments for Carrier, as applicable, hereunder it has full right to act for and on behalf of such Subscriber and holds the right to legally bind Subscriber. Subscriber agrees to indemnify, defend and hold harmless Company and its parent, subsidiaries and affiliates, and each of their respective principals, directors, officer’s employees and agents (“Indemnitees”) from and against all claims, losses, fines, actions, judgment, costs and expenses, including, without limitation, reasonable attorney’s fees and court costs or damages incurred as a result of Subscriber’s failure to comply with this Section.
All Subscribers are subject to approval by Company prior to being allowed access to the Platform. Upon approval, all charges for use of the Platform are payable in US Dollars pursuant to the agreed to Subscription Payments schedule. Any payment which is past due may be subject to an additional charge as determined by Company.
(a) Shipper understands that the Company does not set, negotiate or in any way set the rates and services of any Carrier. Shipper further acknowledges that Carrier reserves the right to amend or adjust the original quoted amount or re-invoice the Shipper if the original quoted amount was based upon incorrect information received at the time of the original quote, if additional services by the Carrier were required, or as otherwise necessary to perform the pickup, transportation and delivery functions therein. The Shipper agrees to be bound by the individual Carrier’s payment, claims and dispute resolution terms and time frames. Company holds no responsibility to either Shipper or Carrier in regard to rates, payment terms or for the payment or non-payment of any amounts claimed due by any Shipper or Carrier, except pursuant to paragraph 5b. (b) If Company agrees to make payment on behalf of a Shipper, Shipper agrees to pay to Company a fee of 5.9% per transaction. Shipper will make payment through the Platform’s secure encrypted portal or directly to the Company via ACH. Subscriber understands and agrees that Company has no responsibility for any payment information as it utilizes a secure, encrypted portal and the portal’s service provider is responsible for all data security.
Subscriber agrees that the Company, is a technology provider and is not liable for any loss, damage, destruction, delay, late delivery or non-delivery of goods, and that such liability is an issue solely between the applicable Shipper and Carrier. The Carrier’s governing rules will apply when determining Carrier liability. It is Subscriber’s obligation to assure the liability limits of the Carrier meets its shipment needs. The Company will not be responsible in any way for claims of any type or kind arising out of Subscriber’s, or any third party’s acts, omissions, negligence, willful misconduct or violation of law. Cargo liability on shipments may vary by Carrier.
(b) A party to this Agreement having a claim or dispute subject to paragraph 5.1 may not institute any legal action against any other party to this Agreement unless the mediation proceedings have been terminated as a result of a written declaration of the mediator that further mediation efforts are not worthwhile.
These Terms and Conditions shall be governed solely by the laws of the State of New Jersey, without giving effect to any conflict of law provisions. All disputes arising from or relating to these Terms and Conditions shall be adjudicated solely in the Superior Court of New Jersey for Sussex County or the United States District Court for the District of New Jersey located in Newark and the parties waive all objections and defenses regarding such venue and jurisdiction, including, without limitation, that of inconvenient forum. The parties further waive their rights to a trial by jury to the fullest extent allowed under applicable law.
NOTHING IN THIS AGREEMENT OR OTHERWISE SHALL BE CONSTRUED AS OBLIGING ANY SHIPPER TO USE THE SERVICES OF ANY CARRIER OR FOR ANY CARRIER TO PROVIDE ITS SERVICES TO ANY SHIPPER DURING THE TERM OR AT ANY TIME THEREAFTER. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN THIS OR ANY OTHER AGREEMENT BETWEEN THE PARTIES. THE COMPANY SHALL NOT BE LIABLE TO ANY SUBSCRIBER FOR ANY DAMAGES OTHER THAN WHERE COMPANY HAS ACTED WITH GROSS NEGLIGENCE OR FRAUD. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE PLATFORM AND/OR ITS USE AND/OR ITS SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OTHER THAN ANY REPRESENTATION OR WARRANTY EXPRESSLY PROVIDED FOR HEREIN. Subscribers agree and acknowledge that Company has no responsibility or liability for any information or data on the Platform, and that it makes no representations as to such information or data’s correctness or authenticity, such liability to rest solely with the Subscriber posting such information on the Platform.
Subscribers acknowledge and agree to not hold the Company responsible for providing, documenting, executing or examining any documents or correspondence either physical, electronic, explicit suggested or implied for adequateness, legal compliance or any other purpose, such oversight and confirmation to be solely the obligation of Subscriber.
Carrier and Company agree that Company at great expense has developed the Platform and its Shipper base and that the disclosure of Shipper’s to Carriers constitutes valuable consideration. During the term of its use of the Platform and for a period of one (1) year thereafter, Carrier shall not solicit or transport any shipment of any Shipper where either the availability of such cargo/goods first became known to Carrier as a result of the Platform, or the shipments of Shipper were first tendered to the Carrier through the Platform. Prohibited solicitations includes any conduct, whether direct or indirect, the purpose of which involves transportation of cargo/goods of Shippers. Solicitation includes conduct initiated or induced by Carrier, or shipments accepted from or through third parties. If Carrier breaches this Agreement and "backsolicits" Shippers, and obtains cargo/goods for transport from any Shipper, Carrier agrees to pay Company within ten (10) days of notification from Company its entire gross profit from such shipment plus ALL fees or charges lost by Company due to Provider’s conduct.
Irrespective of and in addition to any other indemnity provisions found herein, Subscriber hereby agree to indemnify, defend and hold harmless Indemnitees from and against any actions, rulings, losses, judgments, fines, ruling, costs, including reasonable attorney’s fees and court costs, and claims of any type or kind arising or resulting from its (i) negligence or willful misconduct, (ii) misrepresentation of any facts, (iii) violation or alleged violation of any statutes or regulations, (iv) claims by its employees or agents of any type or kind, (v) failure to comply with any agreement relating to the use of the Platform and/or (vi) breach of these Terms and Conditions.
Company shall not be liable to any Subscriber for any consequential, punitive or similar damages regardless of Company’s notice or knowledge of same, and damages against Company shall in all cases be limited to the fees paid to Company by the applicable Subscriber for the period of six (6) months prior to the accrual of the claim in question.
Subscriber acknowledges that the Platform and all related software and intellectual property rights related thereto are the sole property of Company, and that Subscriber is only granted a limited, revocable license to utilize the Platform as is provided for in these Terms and Conditions. Subscriber shall not reverse engineer or otherwise utilize the Platform in any manner not expressly provided for herein, or allow any third party to do so.
TOTALogistix, Inc. is a supply chain management and consulting firm. We are a leading provider of online air freight transportation management services. Our systems allow shipping customers to compare a wide range of freight forwarders, choose the best rate and service for their needs and manage all their air freight shipments with one simple solution.
TOTALogistix, Inc. has created this statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for the totalquote.us; totalquote.info; totalquote.com websites (referred to as TOOL (or) SYSTEM (or) WEBSITE). TOTALogistix, Inc. collects information for various purposes. The information collected is used to market and improve the services we offer, to improve our website content and to contact customers or vendors with service updates, technical updates, or for other marketing purposes. If you have questions or concerns regarding this statement, you should contact TOTALogistix, Inc. by email at support@AirFreight.bid or by phone at (973)726-2113.
During the registration process, TOTALogistix, Inc. requires users to give us contact information via a customer registration form. The use of customer information may include but is not limited to:
Email is essential for the functioning of the system. Such communication may be originated by the system on behalf of user or partner in order to execute a shipment. The contact information of the user and/or will be used for
During the shipment administration process, the system requests shipment information from the user in order to process their shipment. This information includes shipping and receiving addresses, product descriptions (and their value as declared for purposes of customs) and the date and time of the shipment. The use of this information includes but is not limited to
All of this information is required in order to correctly process a shipment request. The system allows the user to create an address book to simplify and speed up the shipment process. A Freight Forwarder or carrier may contact a stored address of a user if a shipment tendered by a user cannot be delivered or for any other reason necessary to accomplish shipment execution.
Contracted agents enroll new users by submitting account information to TOTALogistix, Inc. such as: company name, address and email address. TOTALogistix, Inc. uses this information to create new accounts. A contracted agent can access only the account and shipment information for those users they have enrolled. Contracted agents have no direct access to any TOTALogistix, Inc. databases. A sponsoring trade association has access only to the names and addresses of their own members. Associations have no direct access to any TOTALogistix, Inc. databases. Shipping and receiving information for each shipment is submitted electronically to the freight carriers and service providers qualified by TOTALogistix, Inc. TOTALogistix, Inc. does not share a user's personal information with any other third parties for any purposes beyond that required for shipment administration. Freight Forwarders/Carriers/Service Providers have no direct access to any TOTALogistix, Inc. databases.
Our website has standard security measures in place to protect the loss, misuse or alteration of the information under its control. Member access is restricted by the use of an email address and password.
The users have the opportunity to opt-out of receiving marketing communications from TOTALogistix, Inc. and its partners using the "Unsubscribe" links contained in the email. Users can have their information removed from our database and refuse future service updates, or cancel service by calling (973)726-2113 or by emailing to email@example.com. Users can also determine their own preferred method of communication by notification of the types of communication they wish to receive.
TOTALogistix, Inc. gives users the following options for changing and modifying information previously provided.
Users may check the privacy statement periodically to view any changes or updates. Contacting Us If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, you can contact the company at: email: support@AirFreight.bid phone: (973)726-2113 Mailing Address: TOTALogistix, Inc. 191 Woodport Road. Ste 204C Sparta NJ 07871
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