TERMS
OF USE AND USER AGREEMENT
PLEASE READ THE FOLLOWING USER AGREEMENT CAREFULLY BEFORE USING
OUR WEBSITE AND/OR SERVICE.
These terms
and conditions outline the rules and regulations for the use of Adelleway Inc
Moving and Transportation company is located at:
ADELLEWAY INC
175 SW 7th St #1900, Miami,
FL 33130
By accessing
this website, we assume you accept these terms and conditions in full. Do not
continue to use Adelleway Inc website if you do not accept all of the terms and
conditions stated on this page.
This Adelleway Inc User Agreement (“User Agreement”), the
Adelleway Inc Privacy Policy (“Privacy Policy”), and all policies posted on our
Adelleway Inc.com domain, sub-domains, other Adelleway Inc Powered sites, the
Adelleway Inc mobile applications, any available Adelleway Inc APIs, and all
other related services, websites, applications, and tools furnished
to you in Adelleway Inc’s online shipping marketplace, describe the terms
and conditions with which Adelleway Inc offers You, a registered user, (also
referred to as “you”, “your”, “user”, or “Adelleway Inc user”) may access
and use our shipping marketplace services (collectively,
“Services”). When You accept the terms and conditions of this User
Agreement, You hereby agree and acknowledge that at any time and in our sole
discretion, we may modify the terms and conditions of this User
Agreement. If we make changes to the terms and conditions of this User
Agreement, we will notify you of such changes, through email and/or by
posting the modified User Agreement on the Adelleway Inc website and by
updating the “Last Revised Date” at the bottom of this User Agreement. All
modified terms and conditions shall take effect immediately after posting to
the Adelleway Inc website, or upon the stated date included within our
notice. Your continued use of the Adelleway Inc Services following the
effective date of such changes will constitute your acceptance and consent to
any and all modified terms. This User Agreement may not be modified,
amended, and/or changed by You in any manner. Furthermore, You agree that we
may modify this User Agreement or discontinue our Services at any time and
without notice and without any liability or responsibility to You.
Services
a. Upon Customer’s request, Adelleway Inc
will arrange for the transportation of Customer’s Shipment by Carriers subject
to these TERMS. Adelleway Inc reserves the right, in its sole discretion, to
refuse or cancel any Order at any time.
b. Adelleway Inc services are deemed
completed when a Carrier has accepted Customer’s Order. c. Customer understands
and accepts that Adelleway Inc (i) operates only as a transportation broker,
(ii) is not a motor carrier or transporter, and (iii) does not hold itself out as
providing the transportation of property.
c. Customer expressly understands and agrees
that Adelleway Inc never takes custody or possession of, transports, or handles
Customer’s Shipment, or assumes any liability for the Shipment.
d. All ocean transportation arranged by
Adelleway Inc will also be subject to the terms and conditions of the ocean
Carrier’s bill of lading, tariff, schedules, rates and rules. Ocean Carriers
offer limited liability coverage for loss or damage, and Customer must inquire
with the ocean Carrier about purchasing additional insurance.
e. Adelleway Inc shall provide Customer with
an estimated pickup and estimated delivery date, however, delays may occur
prior to, and/or during transport due to weather or road conditions, government
regulations, mechanical problems, and other causes that are beyond Adelleway
Inc control. Adelleway Inc cannot and does not guarantee delivery dates or
times. Customer understand and accepts that Adelleway Inc is not - responsible
or liable for any losses or expenses caused by delays of any kind or for any
reason.
Fees and Payment
a.
Customer
agrees to pay all amounts due in full for each Order and any Additional
Services as per the terms of the Order Confirmation and these TERMS without any
offsets, chargebacks or reductions by Customer for any actual, pending or
unfiled claims, losses, delays, or damages. Payment for Adelleway Inc services
is due when a Carrier accepts an Order as Adelleway Inc services have been rendered at that point.
b.
All
payments must be made before the delivery of Shipment by Credit Card on the
Adelleway.com. Customer WILL NOT use personal cash or check when making
payments.
c.
Any
outstanding invoices for Adelleway Inc services shall accrue an interest rate
of one and a half percent (2.5%) per month and Customer shall be liable to
Adelleway Inc for all expenses incurred by Adelleway Inc, plus reasonable
attorney’s fees, to collect any outstanding charges.
d.
If
Shipment is placed in storage due to Customer’s refusal to pay the fees or accept
delivery from the Carrier for any reason, then the Shipment may be placed in
storage at Customer’s expense and subject to Carrier’s lien for transportation
charges until Customer pays in full the outstanding balance. Any and all
storage and redelivery charges will be the responsibility of Customer and
Customer agrees that Customer will not look to Adelleway Inc for reimbursement.
Adelleway Inc does not
guarantee any pricing, delivery, logistics, or other terms of business between
you and other users of Adelleway Inc ’s Services. Adelleway Inc does not provide any comprehensive guarantees
regarding use of its Services, and our Services are not a substitute for
thoughtfulness and awareness when engaging in business with other users.
We at Adelleway Inc are not
responsible for any losses, damages, or injuries that may result from your
choice to engage in, or business you transact with another user of our
Services. If you do not agree with the foregoing, please do not use our
Services.
Adelleway Inc discourages You against providing anyone with
access to your login credentials to your user account. However, if You do give
someone your username and password, or if You fail to adequately safeguard such
information, You are responsible for any and all transactions the person
performs while using your account, even if those transactions are fraudulent or
You did not intend or want them performed.
License and Acceptable Use.
The Adelleway Inc Services contain copyrighted material,
inventions, know-how, potential patentable business method material, design
logos, phrases, names, logos or applications, and code ("Intellectual
Property Content") all of which, unless otherwise indicated and/or
provided pursuant to a third party license, are our sole property and we retain
all appurtenant rights, interests, and title thereto. We also claim ownership
rights under the copyright and trademark laws with regard to the
"look", "feel", "appearance", and "graphic
function" of our Services including, but not limited to, its color
combinations, sounds, layouts, and designs. You agree and acknowledge that your
use of the Adelleway Inc Services does not confer upon You any license or
permission to use our (or any third party's) Intellectual Property Content. You
shall not reproduce, reverse engineer, modify, display, sell, or distribute the
Intellectual Property Content, or use it in any other way for public or
commercial purpose. All other trademarks, service marks, and copyrights are
held by their rightful owners. Adelleway Inc grants to you a non-exclusive,
non-transferable (except as permitted below), worldwide limited license to make
use of the Adelleway Inc Services. This license does not include any resale of
Adelleway Inc Services, or its contents. You may not collect and/or use any
shipment listings, descriptions, or prices for any reason. You may not engage
in: any derivative use of any Adelleway Inc Service or its contents; any
downloading or copying of account information; or any use of data mining, robots,
or similar data gathering and extraction tools. All rights not expressly
granted to You in this User Agreement are reserved and retained by Adelleway
Inc or its licensors, suppliers, users, rightsholders, or other content
providers. No Adelleway Inc Service, nor any part of any Adelleway Inc Service,
may be reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without express written consent of
Adelleway Inc . You may not misuse the Adelleway Inc Services. You may use the
Adelleway Inc Services only as permitted by law.
Customer’s Responsibilities
a. Accuracy of Information.
Customer
understands and accepts that only Customer is responsible to ensure the
accuracy of all of the details including the description of the Shipment (year,
make, model, body style, trim, etc.), Point of Origin, Destination, fees, and
special instructions in the Order Confirmation, and as applicable, on the
Carrier’s Form, Bill of Lading, or other required documents. Any changes or
corrections to the Shipment description or any other changes to an Order may
result in additional fees or cancellation of the Order. Customer waives all
claims against Adelleway Inc for any
additional charges or cancellation if the Shipment does not match the Shipment
listed in the Order Confirmation.
b. Shipment size and condition.
Customer must
inform Adelleway Inc about the Shipment’s size and condition at the time of
booking and prior to the pick up date. Customer understands and accepts that if
the Shipment is or becomes inoperable during the transit, or if the Shipment
(i) is modified from the original equipment manufacturer (“OEM”) condition with
features including but not limited to aftermarket spoilers, lowered chassis,
height modifications, etc., (ii) is oversized due to but not limited to dual or
oversized wheels, extra-large tires, racks, lifted chassis (iii) is a large
vehicle such as a limousine or a hearse, then the Carrier may charge additional
fees to transport such Shipment or refuse to transport the Shipment altogether.
c. Preparing Shipment.
Customer
understands and accepts that Customer is responsible for preparing the Shipment
for transportation. Customer must either secure or remove all loose parts,
fragile accessories, low hanging spoilers, etc. prior to shipment. Customer
must remove all non-permanent, outside mounted luggage and other racks prior to
shipment. Shipment must be tendered to Carrier in operable condition with no
more than a quarter tank of fuel. Customer understands and accepts that
Customer is responsible for any damages, losses and claims to the Shipment,
other vehicles and/or persons which are caused by any part of the Shipment that
becomes loose or detached during the transport.
d. Alarm.
Customer must
disarm any alarm system installed in the Shipment or provide clear instructions
for disengaging it to the Carrier. In the event such alarm is activated during
the transit, and there are no keys or instructions to turn it off, Carrier may
be forced to silence alarm by any reasonable means available and without
recourse by Customer.
e. Personal Property.
Customer may
leave one suitcase OR one bag carrying personal property which shall not exceed
one hundred pounds (100 lbs.) and must be confined to the trunk or storage area
of the Shipment. Customer must notify Adelleway Inc and Carrier of such personal property in the
Shipment at the Point of Origin prior to loading of the Shipment. Customer
understands and accepts that the Carrier has the right to reject any personal
property in the Shipment if transporting such personal property is unsafe or
violates the law. Customer is advised not to leave any negotiable instruments,
legal papers, jewelry, furs, money, cash or currency, antiques, or any valuable
articles in the Shipment. Customer understands and accepts that the Carrier and
Adelleway Inc are not liable for
personal items of any kind and value left in the Shipment, or for damage to
Shipment caused by excessive or improper loading of personal items. If Customer
puts personal property in the Shipment, Customer does so at Customer’s own
risk.
f. Prohibited Items.
Customer
understands and accepts that Customer is expressly prohibited from loading any
explosives, guns, ammunition, weapons, flammable products, live pets, live
plants, any contraband, drugs or narcotics, alcoholic beverages, and or any
illegal goods in the Shipment. Customer understands and accepts that upon
discovery, such prohibited items and/or the Shipment may be confiscated or
disposed of by law enforcement, or the Carrier and the Order may be cancelled
in entirety without any remuneration or compensation to Customer and Customer
will be solely responsible for any fees, fines, damages, or other liabilities
arising from a violation of this Section. g. Shipment by sea. Customer
understands and accepts that no personal property of any nature or value and no
illegal goods will be allowed in the Shipment for transportation by sea and
Customer will ensure that the Shipment is completely empty except for OEM or
factory installed equipment. Customer is responsible for furnishing all
required documents and paperwork required by U.S. and international customs.
Customer must share the vehicle identification number (VIN) and its approximate
value in U.S. dollars at the time of placing the Order. If the Point of Origin
or Destination is a shipping port, then Customer agrees to pay any associated
additional fees.
Cookies
We employ
the use of cookies. By using Adelleway Inc website you consent to the use of
cookies in accordance with Adelleway Inc privacy policy.
Most of the
modern day interactive web sites use cookies to enable us to retrieve user
details for each visit. Cookies are used in some areas of our site to enable
the functionality of this area and ease of use for those people visiting. Some
of our affiliate / advertising partners may also use cookies.
Disclaimer
To the
maximum extent permitted by applicable law, we exclude all representations,
warranties, and conditions relating to our website and the use of this website
(including, without limitation, any warranties implied by law in respect of
satisfactory quality, fitness for purpose and/or the use of reasonable care and
skill). Nothing in this disclaimer will:
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in anyway that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Definitions.
Shipper.
A person or company that arranges to have goods shipped on their own behalf by any type of conveyance (“Shipper”). The Shipper might be the consignee (recipient of the shipment) or the consignor (sender of the shipment), or a third party that is neither. On Adelleway Inc , Shippers may be referred to as the “Shipping Customer” or “Customer” or “Booking Party”.
Transportation Service Provider (TSP).
Any party, person, agent, or Carrier that provides freight (or passenger) transportation and related services to a Shipper or agency. For the transportation of goods, this includes Carriers, Brokers, freight forwarders, and third-party logistics providers. On Adelleway Inc , Transportation Service Providers may be referred to as “Service Providers”.
Carrier.
A person or company who provides transportation of goods (or passengers) for compensation.
Broker.
A person who, for compensation, arranges, or offers to arrange, the transportation of goods by an authorized motor carrier. Motor carriers, or persons who are employees or bona fide agents of Carriers, are not Brokers within the meaning of this definition when they arrange or offer to arrange the transportation of shipments that they are authorized to transport and they have accepted and legally bound themselves to transport.
Pricing and Price Changes.
Adelleway Inc does not set or control prices offered by Shippers or TSPs. Quotes and offers Shippers receive from TSPs are required to be all-inclusive based on the information Shippers provide; however, if the actual shipment characteristics are materially different than specified by the Shipper and result in changes such as but not limited to equipment required, space required, accessorial services required, all duties, customs assessments, governmental penalties and fines, taxes, and legal costs allocable to shipments, then TSPs may invoice a different amount than the original quote, and the Booking Party shall be responsible for all additional costs incurred.
For the LTL Published Rate format only, fuel surcharges shown at the time of booking are those that are in effect at the time of booking and are subject to change depending on the fuel surcharge rate effective on the actual pickup date. In the event the shipper does not list Class, then the density of the shipment will be calculated and converted to the appropriate Class based on the conversion chart below, which is based on the National Motor Freight Classification Guide. Transit time will not affect the final invoice price unless specifically stated in the TSP’s rules tariff. Transit times are not guaranteed by Adelleway Inc . If the dimensions and/or weight of the shipment vary from the original quote, the TSP may charge additional amounts above the quoted price and the Booking Party shall be responsible for all additional costs incurred. TSPs may require the use of additional equipment and/or services to complete delivery of a shipment, in such cases, the TSP may invoice the Shipper to reflect the additional transportation costs and the Booking Party shall be responsible for payment of all additional charges. Shippers will be notified of any price changes or new fees that are requested through Adelleway Inc and Adelleway Inc will charge the Shipper’s payment method on file within 48 hours. In the event that a shipment is re-rated and the resulting amount due is less than the amount initially quoted and paid through Adelleway Inc Payments, a Adelleway Inc account credit equal to the difference between the amount initially paid and the adjusted invoice amount will be applied to the Shipper’s Adelleway Inc account. Credits may be applied toward booking any other shipment within one year of the date of issuance, otherwise they will expire. Shippers should contact Member Support regarding refund requests, questions or concerns about their Adelleway Inc account credits.
Customer Warranties Customer warrants that Customer will comply with all applicable laws, rules, and regulations including but not limited to customs laws, import and export laws and governmental regulation of any country to, from, through or over which the Shipment may be carried. Customer agrees to furnish such information and documents as are necessary to comply with applicable laws, rules and regulations. Adelleway Inc assumes no liability to Customer or to any other person for any loss or expense due to Customer’s failure to comply with this provision. Any Customer’s Agent and/or entity acting on behalf of Customer also warrants that it has the right to act on behalf of Customer and the right to legally bind Customer.
Pickup and Delivery of Shipment
Customer understands and accepts that a change to Point of Origin and/or Destination may be necessary due to municipal zoning restrictions, road conditions, road closures, low hanging trees, low hanging wires, narrow streets, residential area restrictions, etc.