Terms of Service

LOGSTX® MOBILE APP &WEBSITE TERMS OF USE

1.Welcome to LogstX

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our mobile app & website located at logstx.com (together or individually “Service”) operated by B9 Logistics Inc.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at customer.service@logstx.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

LOGSTX IS NOT A BROKER OR A FREIGHT FORWARDER. USE AT YOUR OWN RISK

Mailing Address:

B9 Logistics Inc

13300 Tecumseh Rd East, Suite 625

Tecumseh, Ontario N8R 4R8

LOGSTX RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN LOGSTX SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS APP OR WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT CAN BE ACCESSED THROUGH THE MOBILE APP OR WEBSITE- WWW.LOGSTX.COM.

THIS AGREEMENT IS PUBLISHED IN ENGLISH, WE ARE NOT RESPONSIBLE FOR ERRORS IN TRANSLATION. YOU ARE RESPONSIBLE TO TRANSLATE THESE TERMS OF USE IN YOUR OWN LANGUAGE IF YOU WISH TO USE LOGSTX.

2. Communications

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at customer.service@logstx.com.

3. Access and Registration

To use our platform on either the web or app, you will be asked to provide certain registration details or other information. Condition of your use of this app/website that you provide, will be correct, true, and complete.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with LOGSTX or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

 

4.Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

 

5.Restrictions and Use

  • You may use LOGSTX only for lawful purposes and in accordance with Terms. You agree not to use LOGSTX:

  • 0.1. In any way that violates any applicable national or international law or regulation.

  • 0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

  • 0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

  • 0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

  • 0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

  • 0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of LOGSTX, or which, as determined by us, may harm or offend Company or users of LOGSTX or expose them to liability.

  • Additionally, you agree not to:

  • 0.1. Use Service in any manner that could disable, overburden, damage, or impair LOGSTX or interfere with any other party’s use of LOGSTX, including their ability to engage in real time activities through LOGSTX.

  • 0.2. Use any robot, spider, or other automatic device, process, or means to access LOGSTX for any purpose, including monitoring or copying any of the material on LOGSTX.

  • 0.3. Use any manual process to monitor or copy any of the material on LOGSTX or for any other unauthorized purpose without our prior written consent.

  • 0.4. Use any device, software, or routine that interferes with the proper working of LOGSTX.

  • 0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

  • 0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of LOGSTX, the server on which LOGSTX is stored, or any server, computer, or database connected to LOGSTX.

  • 0.7. Attack LOGSTX via a denial-of-service attack or a distributed denial-of-service attack.

  • 0.8. Take any action that may damage or falsify Company rating.

  • 0.9. Otherwise attempt to interfere with the proper working of LOGSTX.

 

6. Analytics

We may use third-party service providers to monitor and analyze the use of LOGSTX.

7.NO use by Minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using LOGSTX, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of LOGSTX.

 

8.Intellectual Property

LOGSTX and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of LOGSTX and its licensors. LOGSTX is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of LOGSTX.

 

9.Copyright

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on LOGSTX infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to customer.service@logstx.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through LOGSTX on your copyright.

 

10. DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address, mobile account user) of the location where the copyrighted work exists or a copy of the copyrighted work;

0.3. identification of the URL or other specific location on LOGSTX where the material that you claim is infringing is located;

0.4. your address, telephone number, and email address;

0.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

0.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact us via email at customer.service@logstx.com.

 

11. Links to 3rd Party Websites

LOGSTX platform may link to other sites which are not maintained, owned/operated, or related with LOGSTX. LOGSTX has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT LOGSTX (B9 LOGISTICS INC) SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

 

12.Errors & Reporting

You may provide us either directly at customer.service@logstx.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) LOGSTX is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant LOGSTX and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

 

13. Use of Communication Services

LOGSTX platform may contain content such as boxes, chat areas, news, messages or other communication way. You agree to use the communication services only to post, send and receive messages and content proper and related to communication services. User agrees to adhere to this terms of Use agreement when using LOGSTX communication services.

When using communication services, you are agreeing that you will not post, or publish any material that is the following:

  • Any proprietary material of any third-party such as files with software or any other material protected by intellectual property laws.

  • Illegal activities, or advocate any illegal activities

  • Any type of pyramid or like schemes, chain letters, or surveys

  • Disruption of dialogue such as “spamming” posting random letters in chats, comments, or messages to intentionally disrupt.

  • Does not pertain to the platform

  • Any type of threats, abuse, invasion of privacy, harassment, pornographic material, racism.

  • Violates any law

  • Any type of advertising such as (e.g conducting raffles or contests, displaying sponsorship banners)

  • Any type of viruses, worms , or other computer codes intended to disrupt & harm property

  • Copyright music, mp3 files, videos

  • Any type of hyperlinks not related to the platform

 

LOGSTX reserves the right to monitor use of this app/website to determine compliance with there Terms of Use, as well the right to remove or refuse any information for any reason. LOGSTX also reserves the right at all times to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or material in its own discretion.

You as (“user”) of LOGSTX are solely responsible for the content you submit on LOGSTX. You acknowledge and agree that neither LOGSTX nor any third party that provides content to LOGSTX will assume or have any liability for any action  or inaction by LOGSTX or such third party with respect to any submission. LOGSTX is not liable for any personal information you give out about yourself on LOGSTX platform.

 

14.Submissions

Unless you and LOGSTX enter into a separate written contract for use of your Content that states otherwise, you hereby grant to LOGSTX the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to LOGSTX through this website or application (together, the “Submission”).

 

15. Disclaimer of Warranty

THESE SERVICES ARE PROVIDED BY LOGSTX ON AN “AS IS” AND “AS AVAILABLE” BASIS. LOGSTX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER LOGSTX NOR ANY PERSON ASSOCIATED WITH LOGSTX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

LOGSTX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU ARE TO USE THE PLATFORM AT YOUR OWN RISK.

 

16.Limitation on Liability

LOGSTX (B9 LOGISTICS INC), ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF LOGSTX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

17. Indemnity

You will indemnify and hold LOGSTX, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this platform.

 

18. Termination

We may terminate or suspend your account and bar access to LOGSTX immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using LOGSTX.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

19. Governing Law

These Terms shall be governed and construed in accordance with the laws of Canada, which governing law applies to agreement without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

20. Waiver and Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

21. Load Board

a) Is to be used as information only. LOGSTX has not verified the full authentication of user or the business posting. You are to do your own credit check / full authenticity of the person or business you wish to work with outside of this platform. LOGSTX is not liable for any loss of income, or personal financial loss. Read section (16) of our Limitation of Liability Terms Of Use. Use at your own risk.

 

22.Acknowledgement

BY USING OR ACCESSING ANY OF OUR SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.