Website Terms of Use
1. OVERVIEW
The websites located at https://www.mainfreight.com (“Site”) are operated separately by the Mainfreight entities located in the jurisdictions to which they relate (collectively and individually, “Mainfreight”). Throughout the Site, the terms “we”, “us” and “our” refer to Mainfreight. We offer this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
This is a binding legal agreement. Please read these Terms of Use carefully before accessing or using our Site. By accessing, visiting, or using any part of the Site, you agree to be bound by the following terms and conditions (“Terms of Use” and/or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Site, including without limitation users who are browsers, vendors, and/or customers. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use and any counteroffer is hereby rejected.
Any new features, or tools which are added to the current Site shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this Site. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our Site. It is your responsibility to check the Site for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
These Terms of Use do not apply to our shipping or credit products. To view our region specific product- and service specific-terms you may click here.
You enter into this agreement with the below specified Mainfreight entity based on your country of residence:
Residents of the United States of America:
Mainfreight, Inc.
1400 Glenn Curtiss Street
Carson
CA 90746
United States
Residents of Australia:
Mainfreight Holdings Pty Ltd
154 Melrose Drive
Tullamarine VIC 3043
Australia
Residents of New Zealand or other jurisdictions:
Mainfreight Limited
2 Railway Lane
Otahuhu
Auckland 1062
New Zealand
Residents of Asian countries:
Mainfreight Hong Kong Limited
Units 07-10, 8/F, Tower 1
Millennium City 1
388 Kwun Tong Road
Kwun Tong
Kowloon
Hong Kong
Residents of the European Union or European Economic Area:
Mainfreight Holding BV
Industriestraat 10
7041 GD ’s-Heerenberg
The Netherlands
2. ELIGIBILITY
The Site, is available only to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site is not available to minors. If you do not qualify, you may not use the Site. You warrant that you are eighteen (18) years of age or older to use the Site in any way.
3. PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and all transactions are final. Unless expressly specified otherwise, requests for credit, return, exchange will be considered in our sole discretion. To view our region specific product- and service specific-terms you may click here.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site will be corrected.
4. FUTURE SITE FEATURES
We may, in the future, offer new products, services or features through the Site (including, the release of new tools and resources). Such products, services or features are also subject to these Terms of Use.
5. INTELLECTUAL PROPERTY POLICY
Mainfreight owns the intellectual property rights in this Site’s contents (the “Site Material”), including, but not limited to, the text, graphics, and images on this Site, or is authorized by the rights owner to use such Site Material. By using this Site, you agree to be bound by the intellectual property policy as set forth in this section.
Unless expressly authorized by Mainfreight in writing, the Site Material may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Mainfreight. If expressly authorized, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any Site Material. Modification or use of the Site Material except as expressly provided in these Terms violates Mainfreight’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the Site.
6. LIMITED LICENSE TO SITE MATERIAL
Mainfreight grants you a limited, revocable, and non-transferrable license solely to view and download a single copy of the Site Material, to the extent necessary for you to access this Site. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy you make of such material. You may not sell or modify the Site Material or reproduce, display, distribute or otherwise use the Site Material in any way in connection with any commercial activity. Use of the Site Material on any other website or in any networked environment is prohibited. The names, marks and logos appearing on the Site or included in the Site Material are, unless otherwise noted, trademarks owned by or licensed to Mainfreight. Unauthorized use of the Site Material violates copyright, trademark and other intellectual property laws.
7. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request you send certain specific submissions, or without a request from us you send creative ideas, suggestions, proposals, plans, feedback, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium such Comments. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
8. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site or its content: (a) for any unlawful or unauthorized purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the the Site, other websites, or the Internet. We reserve the right to refuse or terminate service or use of the Site to anyone for any reason or no reason at any time.
9. ACCURACY, COMPLETENESS AND TIMELINESS OF SITE MATERIAL
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site, should be taken to indicate that all information on the Site has been modified or updated.
10. PRIVACY / PERSONAL INFORMATION
Personal information received by or through the Site is governed by our Website Privacy Statement. To view our Website Privacy Statement click here.
11. SECURITY
You understand that your content (not including payment information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
12. THIRD-PARTY CONTENT AND LINKS
Certain content, products and services available via our Site may include materials from third parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, concerns, or questions regarding third-party products should be directed to the third party.
13. INDEMNIFICATION
You hereby indemnify, defend and hold us and each of our owners, partners, subsidiaries, affiliates, franchisees and each of such person’s or entities’ officers, directors, agents, contractors, subcontractors, visitors, licensees, invitees, permittees and employees (collectively, the “Indemnified Parties”) harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys’ fees) and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise (“Claims”) arising out of or in any way connected with these Terms, the services or products provided to you by the Site, Site Material, or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of Mainfreight or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws. In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with these Terms, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at your own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
14. DISCLAIMER OF WARRANTIES
ELECTRONIC TRANSMISSIONS, INCLUDING THE INTERNET, ARE PUBLIC MEDIA, AND ANY USE OF SUCH MEDIA IS PUBLIC AND NOT PRIVATE. INFORMATION RELATED TO OR ARISING FROM SUCH USE IS PUBLIC, OR THE PROPERTY OF THOSE COLLECTING INFORMATION, AND NOT PERSONAL OR PRIVATE INFORMATION.
THIS SITE IS PROVIDED ON AN “AS IS” BASIS AND IS TO BE USED AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MAINFREIGHT DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, OF ANY KIND, REGARDING THIS SITE, SERVICES, AND PRODUCT INFORMATION. THE WARRANTIES DISCLAIMED HEREIN INCLUDE, BUT ARE NOT LIMITED IN KIND OR LIMITED TO, ACCESSIBILITY, ACCURACY, AVAILABILITY, CAPABILITY, CAPACITY, COMPATIBILITY, COMPLETENESS, DESIGN, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, SECURITY AND FREEDOM FROM COMPUTER VIRUS, SUFFICIENCY, SUITABILITY, TITLE, OR ANY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US OR ANY OF THE INDEMNIFIED PARTIES WILL CREATE A WARRANTY OF ANY KIND AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
WE DO NOT WARRANT THAT THE SITE, CONTENT, SITE MATERIAL, PRODUCT INFORMATION OR FUNCTIONS CONTAINED IN THE SITE WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, CONTENT, SITE MATERIAL, PRODUCT INFORMATION OR THE SERVERS THAT MAKE THE SITE, CONTENT, SITE MATERIAL, OR PRODUCT INFORMATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE ACCURATE OR COMPLETE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, CONTENT, SITE MATERIAL, FUNCTIONS, PRODUCT INFORMATION OR PRODUCTS AVAILABLE THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
In the event we are held liable for any damages related to such matters, your sole and exclusive remedy will be limited to reimbursement for services or products paid by you to the entity held liable which were provided by such entity. You hereby waive any and all rights to bring any Claim related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the Claim is based.
The Indemnified Parties are not responsible for telephone, electric, electronic, network, Internet, computer, hardware or software program malfunctions, failures, delays or difficulties, or late, lost, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail, e-mail, form postings, connections, messages or entries, or the security of any and all such matters.
Further, the Indemnified Parties are not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Site or by any technical or human error which may occur in the processing of any information related to the Site. You also agree that the Indemnified Parties are not responsible or liable in any way for injury, loss or damage to your computer or interception or use of credit card information, related to or resulting from use of the Site or any sites, services or materials linked or related thereto or therefrom and also are not responsible or liable in any way for any Claim relating to or resulting from any part of the Site operating or not operating on computers or networks used by you or communicating with such computers or networks.
15. LIMITATION OF LIABILITY
MAINFREIGHT WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES AND/OR LOST PROFITS, IN CONNECTION WITH USE OF THIS SITE. YOU ASSUME THE RISK THAT YOU MAY BE UNABLE TO USE THIS SITE, AND THAT USE OF THIS SITE MAY BE INTERRUPTED.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL MAINFREIGHT BE LIABLE FOR ANY CONSEQUENTIAL, COST OF COVER, DIRECT, INCIDENTAL, INDIRECT, LOST PROFITS, PUNITIVE, RELIANCE, OR SPECIAL DAMAGES ARISING OUT OF THE USE OF OR THE INABILITY TO USE THIS SITE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION, AND REGARDLESS OF WHETHER MAINFREIGHT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE).
IN ADDITION, WE HAVE NO DUTY TO UPDATE THE SITE OR THE CONTENTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE PRODUCTS, AND/OR SERVICES OFFERED IN CONNECTION THEREWITH OR ASSOCIATED THEREWITH, AS THE CASE MAY BE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE AND TERMINATE THESE TERMS IN ACCORDANCE WITH THE TERMS HEREOF.
16. RELEASE OF CLAIMS
BY UTILIZING THE SITE, ALL USERS ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES ARE RELEASED, DISCHARGED AND HELD HARMLESS FROM AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LIABILITY WITH RESPECT TO ALL ASPECTS OF THE SITE (INCLUDING WITHOUT LIMITATION, ANY ILLNESS, LOSSES, LITIGATION, PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY, REASONABLE ATTORNEYS’ FEES AND COURT COSTS) THAT MAY OCCUR FROM USE OF THE SITE OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF INFORMATION, SITE MATERIAL, PRODUCT INFORMATION, SERVICES OR PRODUCTS RELATED THERETO OR ACQUIRED THEREFROM. WE RESERVE THE RIGHT AT ANY TIME AND WITHOUT LIABILITY TO RESTRICT OR REFUSE ACCESS TO THE SITE AND ITS CONTENT, SITE MATERIAL AND FUNCTIONS TO ANYONE.
You also acknowledge that there is a possibility that subsequent to your acceptance of these Terms, you will discover facts or incur or suffer claims which were unknown or unsuspected at the time these Terms were agreed to, and which if known by it at that time may have materially affected its decision to accept these Terms. You acknowledge and agree that by reason of these Terms, and the release contained in this section of these Terms, you are assuming any risk of such unknown facts and such unknown and unsuspected claims. You have been advised of the existence of Section 1542 of the California Civil Code (“Section 1542”), which provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
Notwithstanding such provisions, this release shall constitute a full release in accordance with its terms. You knowingly and voluntarily waive the provisions of Section 1542, as well as any other statute, law or rule of similar effect.
17. CHANGES TO SITE OR TERMS OF USE
We reserve the right at any time to modify or discontinue the Site (or any part or content thereof) without notice at any time. Prices for our products and services are subject to change without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Site.
You can review the most current version of the Terms of Use at any time on the Site. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to the Site. It is your responsibility to check our Site periodically for changes. You agree that by continuing to use or access this Site following such a revision, you shall be bound by such revision.
18. MISCELLANEOUS PROVISIONS
a. SEVERABILITY
If any provision of these Terms is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
b. ENTIRE AGREEMENT
Except as expressly provided in these Terms or on this Site, these Terms constitute the entire agreement between you and Mainfreight with respect to your use of the Site.
c. WAIVERS
No waiver by Mainfreight of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision in these Terms. No waiver shall be effective unless made in writing and signed by the authorized representative of the waiving party.
d. ASSIGNMENT
These Terms shall not be assignable by you, either in whole or in part. Mainfreight reserves the right to assign its rights and obligations under these Terms. Any purported assignment in violation of this section shall be void.
e. INTERPRETATION
Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.
f. DISPUTE RESOLUTION AND GOVERNING LAW
These Terms of Use shall be construed in accordance with and governed by the laws of the jurisdiction indicated below, based upon your country of residence, without respect to any conflict of laws principles. You hereby irrevocably submit to the jurisdiction of the courts situated in the below specified location with respect to any dispute, disagreement, or cause of action related to or involving this Site.
Residents of the United States of America:
Los Angeles, California
United States
Residents of Australia:
Tullamarine Victoria
Australia
Residents of New Zealand or other jurisdictions:
Otahuhu, Auckland
New Zealand
Residents of Asian countries:
Kwun Tong, Kowloon
Hong Kong
Residents of the European Union or European Economic Area:
’s-Heerenberg, Gelderland
The Netherlands
g. TERM
These Terms shall remain in full force and effect whenever you are using this Site and are effective until terminated by either party. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Site, or by permanently ceasing use of our Site. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Use for all purposes.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site (or any part thereof).
If you are allowed to make an account through the Site, Mainfreight may terminate your account at any time, without warning, for any violation of these Terms. If Mainfreight terminates your account, these Terms shall remain applicable to any and all activities that occurred on your account prior to its termination.
19. EFFECTIVE DATE
These Terms are effective 12/21/2020.
20. CONTACT INFORMATION
To submit questions about the Terms of Use you click here.
Mainfreight complies with the Digital Millennium Copyright Act ("DMCA"). Any notices given pursuant to the DMCA shall be given to Mainfreight designated agent via registered US mail sent return receipt to: Mainfreight, ATTN: DMCA Compliance Agent, 1400 Glenn Curtis Street, Carson, CA 90746.
© 2020 Mainfreight Inc. All rights reserved.