ROVA USER AGREEMENT
2. License and Acceptable Use
ROVA, it’s Services and tools may 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 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 ROVA does not confer upon you any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purposes. All other trademarks, service marks, and copyrights are held by their rightful owners. ROVA grants to you a non-exclusive, non-transferable (except as permitted below), worldwide limited license to make use of the ROVA services to which you utilize. This license does not include any resale of ROVA services, or its contents; any collection of shipment listings, descriptions, or prices; any derivative use of any ROVA 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 ROVA or its licensors, suppliers, rights holders, or other content providers. You may not misuse ROVA services. You may use ROVA services only as permitted by law.
Shipper; a person or company that arranges to have goods shipped. A shipper might be the consignee (recipient of the shipment), the consignor (sender of the shipment), or a 3rd party that is neither. On ROVA shippers may be referred to as the “Shipper” . “Shipper” may affiliate with additional courier companies. See addendum. Transportation Service Provider (TSP). An Experienced Carrier that provides transportation of goods for compensation; That has undergone a Background Check, Driving Record Check, has provided verification of Current Licensure, Insurance and Motor Vehicle Registration. On ROVA Transportation Service Providers may be referred to as the “TSP”.
is a Transportation Network Platform. Our website and mobile application is a platform where shippers and TSPs can interact and directly enter into agreements. ROVA is not a party to any shipping agreement made between Shippers or Transportation Service Providers. We have used best practices to prequalify and prescreen each TSP and Shipper offering to ship or transport items via ROVA. All users of the ROVA platform make their own decisions. Because we are not involved in the actual transaction between shippers and TSPs, we have no control over the accuracy of a shipper’s listing, nor can we guarantee the results of the TSP. We use best practices for identity verification of each ROVA user, but cannot guarantee with 100% confidence the identity of every user.
You agree that You can form legally binding contracts under applicable law. Our Services are not available to temporarily or indefinitely suspended ROVA users. You acknowledge that You are at least 18 years of age. ROVA services may not be transferred or sold to another party. If You are registering as a business entity, you represent that You have the authority to bind the entity to this agreement. You agree that ROVA is a tool to facilitate communication between Shippers and Transportation Service Providers, and You agree that You will not use your participation in ROVA as a means to sell or market any types of goods or products, unless specifically allowed by ROVA.
You are responsible for all terms, conditions and the accuracy of your shipment, when posting or booking shipments on ROVA. You are agreeing to the TSP’s terms and conditions and entering into a legally binding agreement with the TSP, unless the transaction is prohibited by law or by this agreement. Cancellations may be requested prior to services being rendered. The TSP also has the right to refuse to move any item prohibited by this agreement or by law.
7. Transportation Service Providers
You must legally be able to transport the shipments You book through ROVA. You agree that it is your obligation to comply with all laws, rules, statutes and regulations that may apply, including all local, state, and federal licensing requirements. TSPs agree that they are solely responsible for all aspects of services and terms they offer the shipper. You understand and acknowledge that all shipment information is provided by other registered users and ROVA has no control over or responsibility for the accuracy of this information. You are responsible for reading all of the shipment details and by accepting shipments on ROVA, you are entering into a legally binding agreement to complete the services as requested by the shipper. You have the right to inspect your shipment before transporting it, and to refuse to transport any item prohibited by this agreement or by law.
8. Pricing, Fees & Payments
ROVA does not control prices offered by shippers. Algorithms within the platform create suggested fees based on various parameters as entered by the shipper. Shippers then determine the fee they are willing to provide to get their item from one place to another. Shipper’s pricing is all-inclusive; however, if the actual shipment characteristics are materially different than specified by the shipper, the TSP will communicate with the shipper and negotiate a fee above the quoted price. The shipper shall be responsible for these additional costs and ROVA will charge the shipper’s payment method on file within 24 hours. Shippers pay a Transportation Service Providers(TSP) fee to the TSP through ROVA. This fee is credited to the TSP’s account. Fees are non-refundable for completed shipments. If you need to cancel a shipment, you are required to do so immediately . If the cancellation occurs before the shipment has been picked up, but after the TSP has arrived at the pick up location, the shipper will incur you will be charged an attempted pick-up fee. TSP’s are due a fee for all attempted and completed shipments posted by a Shipper. Shipper, you are solely responsible for paying all fees incurred by any users of your account. Some features on ROVA require a payment method to be on file with ROVA. You authorize ROVA to charge any applicable fees to the payment method(s) You provide to us. ROVA reserves the right to waive or change our fees, penalties, or interest at any time. We may temporarily change or suspend our fees as a promotion and such changes are effective for the promotional period described on ROVA . There are no registration or subscription fees for TSPs or Shippers.
- Shipper Listing/Posting Fee - ROVA may collect a listing fee in order to list a shipment. The amount for such a listing fee, if any, will be displayed to users before listing any shipment.
- Transportation Service Provider Fee - Shippers will be charged a TSP fee that will be paid to ROVA and forwarded to the Transportation Service Provider.
- In the event a TSP assesses additional charges than the original booked quote due to changes as directed by the shipper, then the fee will be based upon the final assessed shipping price.
Transportation Service Providers fees collected by ROVA will be forwarded to the Transportation Service Provider within 7 days of the completed delivery, by direct deposit into the account identified at initial sign up. You agree that it is your responsibility to insure the funds are being deposited into the correct account. If you change accounts, you must immediately make ROVA aware, as some account changes could take up to 2 weeks.
9. Cancellations A Shipper may cancel a delivery before its been accepted without penalty. A Shipper’s postings that has been accepted and picked up or accepted and the TSP is at the pick up location, will incur a fee.
10. Information You Submit
You solely are responsible for any information You provide to us or other users in the registration, shipping, transportation process, or any other use ROVA. Your personal information and any shipment listings must be true, legal, accurate, and non-fraudulent. You authorize ROVA to use the information supplied by you in connection with your use of ROVA and in accordance with this agreement. You acknowledge and agree that our Services act as a passive conduit for any and all communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will we act as a monitor over the content of such communication. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.
11. Prohibited Activities
ROVA may suspend or remove your account if we suspect that You have engaged in prohibited activities in connection with our Services. Prohibited activities include but are not limited to:
- Any use that would be illegal;
- Posting illegal, threatening, lewd or offensive information;
- Copying and pasting User information from the ROVA platform to your own website, or on your own personal, or business marketing/advertising materials regardless of the form;
- Asking any shippers to divert any payment;
- Charging users a higher price (including taxes, service charges, or any other fees) than that which was agreed upon on ROVA (provided that the shipment was as described on ROVA).
12. Right to Suspend or Remove users
We reserve the absolute right to reject or suspend your access from ROVA for abusive or hostile behavior; unresolved disputes; committing fraud or violating this User agreement.
13. Dispute Resolution
Disputes between You and ROVA regarding our Services should be reported toROVA Member Support
We will attempt to quickly resolve disputes You have with us or assist in mutually resolving disputes with another party as it pertains to this agreement and your use of ROVA.
14. Prohibited and Restricted Items
You may not list any shipment on ROVA or it’s services that violates any applicable law, statute, ordinance, regulation, or includes prohibited items. Prohibited items are restricted, harmful hazardous or dangerous goods that may pose a danger to health, safety, or property. Anyone who sends, or causes to be sent, restricted, harmful or hazardous, non-mailable material can be subject to legal penalties (i.e., fines and/or imprisonment).
15. No Agency
You hereby agree and acknowledge that your execution of this agreement, your provision of services and/or your use of ROVA, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee/employer or franchisor/franchisee relationship with us and furthermore that no affiliation, association or connection exists between You and ROVA.
You are solely responsible for any and all taxes, levies, charges, and fees incurred or that may be payable to any taxing authority in connection with the transactions hereunder and your use of ROVA.
Transportation Service Providers are responsible for all insurances required including, motor vehicle insurance, cargo insurance and worker’s compensation coverage or suitable alternatives, such as occupational accident insurance, if allowed.
18. Criminal Background & Driving Record Checks
Any Transportation Service wishing to use ROVA must first undergo a criminal background check and driving record check prior to gaining access. Each TSP will receive a separate form to begin the process.
19. Record Keeping/Audit
ROVA reserves the right to keep records of transactions documentation and communications between You and other users for administration purposes in accordance with all applicable laws and regulations. You authorize the use of any of this material in any legal proceedings that may be brought against ROVA or it’s users.
20. Limited Liability
You acknowledge that we cannot guarantee the continuous operation of ROVA, it’s services, or tools. You further acknowledge that operation of and access to ROVA may be interfered with as a result of technical issues or numerous factors outside of our control. You agree not to hold ROVA responsible, for damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting indirectly from:
- Viruses or other malicious software obtained by accessing our Services, or tools linked to our Services including those of 3rd party solution providers;
- Glitches, bugs, errors, or inaccuracies of any kind including information and graphics obtained from or in our Services;
- The content, actions, or inactions of third parties, including items listed using our Services;
- Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this agreement or our policies.
- Changes to the Service availability, planned or unplanned service downtime.
- Changes to any ROVA , features and Services.
Transportation Service Providers agree to defend and hold harmless Shippers and ROVA their officers, agents, employees, advisors and successors against loss, liability, or expense for third parties claims for property damage, bodily injury, or death arising out of or in connection with wilful, wanton, reckless, illegal or negligent conduct. However, no party shall be indemnified hereunder for its own loss, liability, damage, or expense resulting from its own negligence or willful misconduct.
22. Legal Compliance
You shall comply with all applicable laws, statutes, ordinances, and regulations regarding your use of ROVA, your shipment listing and your transportation services.
ROVA uses industry standard practices to safeguard your personal information, including firewalls and Secure Socket Layers (SSL). We utilize several different security techniques to protect data from unauthorized access, but we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our Services can be interrupted by numerous factors outside of our control.
24. Governing Law
This agreement and your use of the services shall be governed by the laws of the state of delaware, without regard to principles of conflict of laws.
This agreement may not be modified, the invalidity or unenforceability of any provision of this agreement shall not affect the validity of this agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce any of the provisions of this agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein, will not in any way be construed as a waiver of such provisions. Reasonable attorneys'' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this agreement. The section headings used herein are for convenience only and shall not be given any legal import.
Last Revised Date: JANUARY 28, 2018