FREIGHTTENDER4.COM - Terms of Use

TERMS AND CONDITIONS OF USE

Last revised: Jul.13th, 2007

THIS AGREEMENT is made

BETWEEN

You

AND

FREIGHTTENDER4.COM ('FREIGHTTENDER4')

SITE FUNCTION: KEY POINT SUMMARY:

The key point summary is provided as a general generic guide and does not form part of this agreement and is not a substitute for reading the agreement (which contains the full terms). You can vary some of these provisions by stating otherwise in your tender or bid.

Usually:

A tender is an invitation for hauliers to make a bid (offer).
Tenderers and bidders may communicate directly, or via this Site.
Unless a bid is accepted, communications between a tenderer and a bidder are negotiations.
No tendering party is obliged to accept any bid at all.
Tenders may be withdrawn at any time prior to accepting a bid.
Bids are offers. Bids may be withdrawn at any time prior to any bid acceptance.
A tenderer may accept a bid (offer), and if so accepted the terms of the bid (offer) prevail.
If the terms of the bid (offer) and the terms of the tender differ, the terms of the bid (offer) if accepted form the contract.
Proper acceptance by a tenderer of a bid binds the haulier and tenderer concerned to the terms of the bid (offer).
We publish tenders and facilitate communications, for which we may charge a fee.
We do not act as advisor, agent, auctioneer or arbitrator for any tenderer or bidder.
We do not receive any commissions. We do not prefer any tenderer or haulier over another.
We are not a party to any tenderer-bidder negotiations, communications or agreements.

SITE OBJECTIVES & INTERPRETATION:

The key-point summary is a guide, and does not form part of this Agreement.
The Agreement should be read for the detailed terms.

We both agree the interpretation of this Agreement is to be determined by construing the Agreement according to its natural and ordinary meaning on the basis we both agree the nature and object of this Agreement is only to enable the Site to act as an electronic means whereby freight senders and hauliers may communicate each with the other in respect of proposed consignments, and if so minded, enter into negotiations and agreements each with the other, such that the Site is not intended to be and is not in anyway a party thereto, but is merely a publication of tenders. By analogy, this Site is like the 'Tenders' section of a newspaper, where subsequent to publication of tenders, interested parties may then communicate directly each with the other, but where the newspaper, at the option of the tenderer or bidder, may also act as a 'post office' conduit to facilitate an exchange of communications.

We each agree with the other this Agreement is designed to facilitate the site objective just stated. You may join the Site at your option and of your own free will. In any case of ambiguity no provision may be construed contra proferentem.

IN CONSIDERATION of your application to join being accepted and/or your use of this site ('Site') YOU HEREBY AGREE:

Your access to and use of the Site is subject to these terms, the Privacy Statement and the Site Copyright and Trade Mark Notice ("Terms of Use"), whether or not you join the Site. Prior to using the Site, you should read and understand the Terms of Use.

This Agreement constitutes the entire agreement between us and you with respect to your use of the Site. We may amend this Agreement at any time in our discretion by posting the amended terms on our Site. Except as otherwise stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our Site. If you do not agree with such changes, you must terminate your membership of this Site. This Agreement may not be otherwise amended except in physical (non electronic) writing signed by you and us. This Agreement is effective on the earlier of your registration (joining) date or first date of use, or the first date we can ascertain you used the site; and is deemed confirmed by you each time you access your designated home page, which contains a link to this Agreement.

1 What you must do

1.1 You must use the Site in accordance with this Agreement.

1.2 To use the Site you must use a username or user email and password as we specify. We may require you to use a different type of access to use different parts of the Site. The username or user email and password may be used only for the purposes of accessing the Site and for authorising instructions or requests using the Site services made available from the Site. Any other use of your username or user email and password is prohibited.

1.3 If you are under 18 years of age, you must obtain a parent/guardian's consent prior to using the Site; and may not lodge a tender or make a bid without clearly disclosing your age in the tender or bid.

1.4 If you are using the Site on behalf of another person ("Authorising Person"; for example, your employer, your partner), you must be authorised to:

(a) use the Site; and

(b) enter into the Terms of Use,

on behalf of the Authorising Person;

and may not lodge a tender or make a bid without disclosing the proper full identity of the other person, and your relationship (e.g. agent, power of attorney, etc).

1.5 When registering, only provide information which is true and correct, and to amend any such information from time to time to keep them true and correct.

1.6 When tendering or bidding, provide information that is true and correct, and to amend any tender or bid to keep each of them, as the case may be, true and correct.

1.7. If a tenderer, withdraw any tender immediately if you decide not to proceed with that tender, or for any reason, including act of God, the tender becomes impossible to undertake.

1.8. If a bidder, withdraw any bid immediately if you decide not to proceed with that bid, or if any proposed contract to be made if the bid was accepted would be or you reasonably anticipate would be become impossible to perform for any reason, including act of God.

2 What you must not do

2.1 You must not:

(a) use the Site for any activities, or post or transmit to or via the Site any information or materials, messages, text, files, images, photos, video, sounds, which breach any laws or regulations, infringe a third party's rights or privacy;

(b) use the Site in a way, or post to or transmit to or via the Site any information or materials, messages, text, files, images, photos, video, sounds, which interferes with other users or defames, harasses, threatens, menaces or offends any person or which inhibits any other user from using or enjoying the Site;

(d) make any fraudulent or speculative tenders, enquiries, bookings, reservations, requests or bids using the Site;

(e) use another's person's username or user email or password or name (actual or business) without our express permission;

(f) provide false information when registering or changing your registration details, tendering or bidding;

(g) impersonate another person or use false, misleading or deceptive identifying details when using the Site;

(h) post to or transmit to or via the Site any obscene, indecent, inflammatory or pornographic information or materials, messages, text, files, images, photos, video, sounds that could give rise to civil or criminal proceedings;

(i) tamper with, hinder the operation of or make unauthorised modifications to the Site;

(j) knowingly transmit any virus or other disabling feature to or via the Site; and

(k) attempt any of the above acts or permit, assist or encourage another person to do any of the above acts.

3 Third Party Content, Interaction and Agreements

3.1 Any of the products and services offered and much of the information provided via the Site are the products, services and information of third parties. In particular, all tenders and bids (save for example files) are third party products.

3.2 The third party products, services and information, tenders and bids, and messaging content are not provided or endorsed by us. Where it is apparent that products, services and information are not provided by us, your legal relationship in respect of those products, services and that information is with the third party supplier. In particular, we are not the agent for nor represent in any way any tendering party, or any party responding to any tender (who both are included in the definition of 'third parties').

3.3 We have not checked the accuracy or completeness of the information or the suitability or quality of the products, services and information, tenders and bids, and messaging content of the third parties. You must make your own enquiries with the relevant third party supplier direct before relying on the third party information or entering into a transaction in relation to the third party products and services supplied via the Site. You should check with the third party supplier whether there are additional charges and terms that may apply. In particular, if you are a tenderer, you are advised to ensure you understand the respondent's (bidder's) terms and conditions (and understand accepting a bid probably means, subject to the wording of your tender and/or the bid, you are bound by the terms of the bid, even if inconsistent with your tender); and if you are a bidder, you are advised to ensure you understand the tenderer's terms and conditions. Tenderers and bidders are advised to take professional advice as appropriate before entering into contractual arrangements.

3.4 Because user authentication on the Internet is difficult, we cannot and do not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate the user you are dealing with. We also encourage you to communicate directly with potential trading partners through the tools available on our Site.

3.5.1 Without limiting the generality of the forgoing, if a tenderer, your interactions with bidders, and if a bidder your interaction with tenderers, and/or legal entities and individuals found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other party or parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these parties.

3.5.2 Subject to the Act, and without limiting the generality of any other provision, you agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, or tenderer and bidder, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other site users, and, inter alia, because we are not involved in the actual transaction, you hereby release us (and our officers, directors, agents, affiliates, parents, subsidiaries, employees and successors in right) from claims, demands and damages (actual, special, direct, indirect and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

3.6 We may receive fees from third parties for goods and services of such third parties displayed or made available on the Site or accessible through a hyperlink on the Site. You acknowledge and consent to us receiving the fees.

3.7 We are not an "auctioneer". Instead, our Site acts as a venue to allow members to tender and bid for transport and related services in a variety of formats. We are not involved in the actual transaction between the parties. As a result, we have no control over the quality, safety or legality of the tenders and bids or content posted by users on the Site, the truth or accuracy of the listings, the ability of tenderers to pay for services or the ability of bidders to provide services. We cannot ensure and do not guarantee that a tenderer or bidder will actually complete any agreement or transaction or act lawfully in using our Site.

3.8 Terms as to tenders and bids by members in respect of each other

As the context admits, you agree:

(a) a tender is an invitation to treat;

(b) a bid constitutes an offer, however an offer may be made in any other legally recognised manner;

(c) a bid is deemed communicated to the tenderer when appearing on the tenderer's named home page, however the bid may be communicated in any other legally recognised manner;

(d) a bid is deemed revoked if it should cease to appear on the tenderer's named home page as a result of the bidder using the Site mechanism to withdraw the bid, even if that mechanism fails or if the tenderer does not become aware of that revocation, however the bid may be revoked in any other legally recognised manner;

(e) any other communication between the tenderer and bidder via this Site is deemed received at the time such communication appears on the named home page of the intended recipient, and not at the time such communication was 'posted' to the Site by the sender or comes to the intended recipient's mind;

(f) given the unique and relatively new untested nature of the internet, internet sites, and electronic communications and the fact tenderers and bidders are distributed widely and even globally it is a fundamental and essential term of this Agreement (but / for which on a commercial basis we would not enter into this Agreement or allow your use of this Site):

(i) any legally recognised "postal rule" usually applied in contract law as to the formation of a contract, offer and acceptance relating to communications using physical mail (as opposed to electronic mail) and any excludable statutory provisions concerning physical and digital communications;

(ii) any legally recognised rule that a communication generally or a revocation specifically must come to the mind of the person to whom it is intended, and any excludable statutory provisions concerning such rule,

shall not apply to the extent of inconsistency with the provisions of this clause;

(g) the provisions of sub-clauses (a) to (e) inclusive may be varied by virtue of any communications between the tendering party and bidder, and any conduct by the tendering party or the bidder in respect of the other, if such communications and / or conduct give rise to legally enforceable obligations between the tendering party and the bidder;

(h) the provisions of sub-clause (f) may only be varied by express statements in writing between the tendering party and the bidder.

4 Messaging Services

4.1 We may provide messaging services via the Site.

4.2 We may create and vary general procedures and limits concerning use of the messaging services, including without limitation the maximum size of any message that may be sent from or received by a messaging service, the maximum disk space that will be allotted on the Site messaging servers on your behalf, the maximum amount of data or messages that may be sent from or received by a messaging service account and the maximum number of days that messages will be stored on the Site messaging servers.

4.3 We may delete and not deliver a message sent by you if the attachment size exceeds our regulation.

4.4 We may delete any message after 7 calendar days of the first being stored.

4.5 All messages that are deleted cannot be retrieved or accessed by you.

4.6 If we delete messages, we are not obliged to notify you or the sender of the mail message.

4.7 We do not guarantee that you will not receive a message with a virus. We recommend that you use up-to-date anti-virus software on the computer that you use to access this site and/or messages.

4.8 We will take reasonable steps to prevent you from receiving message that we identify as an unsolicited commercial or bulk mail message (commonly called "Spam"). We do not, however, guarantee that you will not receive an unsolicited commercial message.

4.9 You are responsible for all equipment and software used to access the this Site and the messaging services, and for the consequences of any filtering or other application you choose to apply to the site and/or messaging service.

4.10 From time to time, we may send you, and you authorise us to send you, some important mail messages about the messaging services and/or the Site.

5 Security

5.1 For security reasons we may require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the Site servers. In addition to the types of loss set out in clauses 5.4 and 5.5 and elsewhere for which we are not responsible, we are not responsible for any information you may lose if the Site servers terminate your browser session due to prolonged periods of inactivity between your browser and the Site servers.

5.2 You must comply with all directions issued by the Site relating to use of the Site. We are not responsible for providing the computer, hardware, software nor any other equipment necessary to access the Internet. You must not send or disclose any part of your details to access and use the Site that is meant to be confidential ("Confidential Component") (for example, the password component) to any other person or store it in a manner that would reasonably allow another person or entity to obtain access to it, except as specified in clause 5.3 below. If you choose to use a workplace email address and/or computer or device to access the Site, you are responsible for ensuring that such use complies with any rules, policies or protocols which apply to the use of the Internet in your workplace.

5.3 You must not keep the Confidential Component in a location where it is capable of being copied or used by any other person or disclose the Confidential Component to any other person, other than:

(a) another person authorised by you to access and use the Site on your behalf; or

(b) another person authorised by the Authorising Person (for example, another employee) to access and use the Site on their behalf,

in each case provided that the other person ("Authorised Person") agrees to be bound by the Terms of Use.

5.4 We are entitled to rely on your registered details and/or the Confidential Component as evidence of your identity and authority for the purposes of the Site (including, for example, for the purpose of making payments to us using your Pay Pal, credit card details, and for the purpose of nominating email addresses or phone numbers to which we may send billing and payment or other information relating to your use of the Site). You are responsible for all use of the Site. We cannot and do not verify that each person who accesses the Site is in fact the person they say they are, or acts with the authority of the person whose identity they use.

5.5 You must immediately notify us if you become aware:

(a) that the Confidential Component has been compromised or is known by a third party (other than by an Authorised Person); or

(b) of any unauthorised use of your details.

In the event that you notify us of either of these things, we will take reasonable steps to deactivate offending use and issue you with new access details within a reasonable time of being so notified. Notice provided by you under this clause does not release you from your responsibilities under the Terms of Use.

5.6 We will take reasonable steps to secure the Site and the systems in our control that are used to access the Site. However, the Internet is sometimes unreliable and is a difficult medium to secure. We do not guarantee the security of the Site or the systems (including the Internet and your hardware and software) used to access the Site, or any information that passes through such systems.

6 Our liability to you

6.1 Given the nature of the Internet, we cannot guarantee that the Site will always be available or fault or virus free.

6.2 The terms that apply to the supply of the Site are those that are expressly set out in this document and the Act and those implied by consumer protection laws to the supply of this service, in the case of the Act and the laws that are unable to be excluded. No other terms apply.

6.3 Subject to clauses 6.4 to 6.7, we accept our liability to you for breach of contract or negligence under principles applied by the courts.

6.4 Subject to any other provision of this Agreement we are not responsible for:

(a) loss caused by factors that could reasonably be considered to be outside our control such as faults in third party equipment;

(b) loss of data or loss of profits or revenue; and

6.5 We do not accept liability for losses that result from the use of the messaging services in connection with the conduct of a business. However, we will accept that liability if it cannot be excluded under legislation.

6.6 You must take reasonable steps to minimise the extent of the loss you may suffer as a result of the Site. For example, you should take reasonable steps to ensure that you will not suffer loss if the messaging service is not always available.

6.7 You must notify us in writing of your loss as soon as is reasonably possible.

7 Your liability to us

7.1 Subject to clause 7.2, you are liable to us for breach of contract or negligence under the principles applied by the courts.

7.2 You are not liable for any loss to the extent that it is caused by us, for example, through our negligence or breach of contract.

8 Change of the Terms of Use

8.1 We may change the Terms of Use by obtaining your consent or giving notice to you in accordance with this clause 8 and clause 9.2. The period of notice we will give you depends on the type of change.

8.2 If the change will benefit you, we can make the change immediately and are not required to notify you prior to the change.

8.3 If the change has a detrimental impact on you but is:

(a) required by law;

(b) necessary for security reasons;

(d) for technical or infrastructure reasons,

we need not provide any notice.

8.4 If we reasonably consider that the change will have a significant detrimental impact on the majority of our customers using the Site or on a specific class of customers who use the Site in a particular way (and you are one of this class), and the change is not of a type described under clause 8.3, we will give you at least 30 days' prior notice of the change.

8.5 If the change is not of a type described in clause 8.2, 8.3 or 8.4, we will give you at least 14 days' prior notice of the change.

8.6 Any use of the Site after a change of the Terms of Use takes effect will be governed by the varied Terms of Use.

8.7 We do not have to notify you if we make changes to the Site.

9 Termination

9.1 You may stop using the Site at any time, for any reason.

9.2 Save for unforeseeable events we may stop making the Site, or a part of the Site, available with 14 days' prior notice. Notice may be given in the manner set out in clause 10.2. In the case of any unforeseeable event we may stop making the Site, or a part of the Site, available at any time.

9.3 We may immediately suspend, terminate or limit your access to the Site if:

(a) you are in breach of the Terms of Use and (i) the breach is something that cannot be remedied, or (ii) you fail to remedy the breach within 14 days' of our written notice to you of that breach;

(b) we believe on reasonable grounds that there is a real risk of serious loss or damage to us or another if we do not suspend, terminate or limit your access to the Site;

(d) we believe on reasonable grounds that providing access to the Site to you is illegal or may become illegal;

(e) there is an emergency.

9.4 If you enter a contract for the supply of goods and/or services via the Site, that contract will not be affected if we stop making the Site or part of the Site available to you, unless the goods and/or services are supplied via the Site.

10 Communication with you

10.1 As part of some the Site services available via the Site, we may communicate with you via email, fax, telephone or an SMS, or any, to an email address, fax address, or a phone number nominated by you. When we do this (except as set out in clause 10.2), the following will apply:

(a) you are responsible for ensuring that your contact details for the online service/s are current, your email service, fax service, or telephone phone account is operational and that you check your emails, faxes or phone regularly for messages;

(b) you must notify us as soon as possible of any changes to your contact details for the online service/s using the online method provided by us;

(c) if we receive an automated email non-delivery notification indicating you have not received a message we have sent you, we are under no obligation to use alternative means.

10.2 Despite clause 10.1, we may give you notice by:

(a) posting the content of the notice to the Site; or

(b) sending an email to your email account setting out the content of the notice.

10.3 When you send us any feedback, suggestions, ideas or other information or materials, messages, text, files, images, photos, video, sounds in relation to or via the Site, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement.

11 AS IS basis & Indemnity

11.1 WE PROVIDE OUR WEB SITE AND SERVICES ON AN "AS IS" BASIS.

11.2 You agree to indemnify and hold us, and as the case may be our parent, subsidiaries, affiliates, officers, directors, agents, heirs, executors, successors, administrators, assigns, beneficiaries, trustees, receivers and liquidators, and any of their employees, harmless from and against any liabilities, expenses, claims, demands, proceedings, losses or damages (actual, special and consequential) of every kind and nature, known and unknown, made by you or parties claiming through you or by any third parties (including as the case may be your, those parties and third parties parent, subsidiaries, affiliates, officers, directors, shareholders, agents, heirs, executors, successors, administrators, assigns, beneficiaries, trustees, receivers and liquidators, and any of their employees ) due to or arising out of:

a) your use of this Site;

b) the provisions of any clauses under the heading "Terms as to tenders and bids by members in respect of each other";

c) your violation of any applicable law of any country;

d) your violation or interference with the rights of any third party notwithstanding their domicile;

e) the joinder or attempted joinder of us to any action in any place between you and as the case may be a tendering party or haulier;

f) your breach of this Agreement;

and specifically also including:

(i) any solicitors' costs, fees and disbursements on a solicitor-client basis and any barristers' fees and notary fees incurred, and

(ii) any legal, notary, lawyers and attorney costs, fees and expenses incurred and

(iii) the cost, fees and expenses of any experts thought necessary by any such solicitors, barristers, notaries, attorneys or lawyers (such experts as recommended, selected or supplied by ); and

(iv) the reasonable cost of our management time and any associated management incurred costs (as assessed by our accountants); and

(v) the cost, fees and expenses of our accountants in and about their stated activities;

incurred in and about and in respect of defending the same, including Senior Counsels' fees. You also hereby specifically agree such defence is a proper matter upon which to instruct a barrister and in particular, given the complex nature of the developing law relating to internet sites and possible multi-jurisdictional points and the possible application of laws applicable to various places and persons which may arise, also Senior Counsel, or that ranks equivalent, and if actions occur in more than one jurisdiction, per jurisdiction).

11.3. In respect of the said indemnity you agree from time to time to pay to our solicitors' trust account one month advance the costs, fees and disbursements they reasonably anticipate may be incurred over any three month period (and in the event of a dispute as to the quantum, a sum as assessed by our accountants), and in advance security for the reasonably anticipated quantum of any such claim the subject of the indemnity.

12. General Matters

12.1 You agree any material of whatsoever nature you submit via this site is deemed to be published all over the world.

12.2 Because this is international tendering site, it is YOUR RESPONSIBILITY to set up accurate time zone and summer time option. We are NOT responsible for any loss due to time synchronization error arisen from the wrong timezone settings.

12.3 Any controversy or claim arising out of or in connection with this Agreement may at our discretion be settled by binding arbitration by reference to a commercial disputes centre. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator.

12.4 If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be struck out and the remaining terms will remain in force and may be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

12.5 If we do not act in relation to a breach by you of the Terms of Use, this does not waive our right to act with respect to subsequent or similar breaches. If you do not act in relation to a breach by us of the Terms of Use, this does not waive your right to act with respect to subsequent or similar breaches.

12.6 You may not assign or transfer your rights or benefits under the Terms of Use to any other person or entity without our prior consent, which we will not unreasonably withhold.

12.7 You agree that this Agreement and all incorporated agreements may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or for any other reason.

12.8 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

12.9 You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

13. Definitions

The term or like term:

13.1 "You" and "User" shall mean the person viewing the Site, accessing the Site, and any member as next defined.

13.2 "Member" shall mean in respect of the details entered:

(a) using the joining form titled "NEW USER'S (FREIGHT SENDER) JOINING FORM" (user_new_join.php)

(b) after joining, using the amend details link from your home page,

those persons recorded and identifiable if a legal personality as the person:

(a) the username relates to;
(b) named as the firm, entity or company;
(c) being the controller of the email address supplied in the joining form or as any contact person;
(d) receiving tender email alerts as provided via pages from your home page;
(e) receiving tender bids as provided via pages from your home page;
(f) being the controller of the email address supplied to receive said tender email alerts;
(g) being the controller of the email address supplied to receive said tender bids;
(h) being the controller of any email address supplied via pages from your home page as an operator of your home page;
(i) the de facto operator of your home page;
(j) in respect of any of the parties so identified, any employer, principal or person who substantially directs the use of your home page;

and if more than one legal personality, the obligation of each are joint and several.

13.3.1. "You" "User" "Person" and "Member" may be an individual, a firm, association, partnership, trust, company, corporation or any other legal entity.

13.3.2. "You" "User" "Person" and "Member" each includes as the case may be, your past, present and future:

(a) agents, heirs, executors, successors, administrators, assigns, beneficiaries, trustees, and any of their employees; and

(b) if a corporation, then additionally your corporate parent, subsidiaries, affiliates, officers, directors, receivers and liquidators, and any of their employees.

and you as "You" "User" "Person" or "Member" enter into this Agreement for and on behalf of each of them as joint and several parties, and further agree and warrant the terms of this Agreement shall unconditionally bind each of them as joint and several parties to this Agreement.

13.4 "Your home page" shall mean the home page allocated following use of any joining form and any pages or mechanisms linked there from if within this Site, and any successor to that home page.

14 Interpretation

14.1 The present tense includes the past and future tenses. Singular words shall include the plural, and plural words shall include the singular.

14.2 Words used shall have their natural and ordinary meanings as defined in a standard dictionary, except for specific words and phrases defined herein, save for internet related words which shall be defined using the English version of http://en.wikipedia.org/wiki/Main_Page

14.3 The provisions of the part titled "SITE FUNCTION: KEY POINT SUMMARY" do not form part of this Agreement.

14.4 The provisions of the part titled "SITE OBJECTIVES & INTERPRETATION" form part of this Agreement and are essential and fundamental terms of this Agreement but/for which on a commercial basis FREIGHTTENDER4 would not enter into this Agreement.