Carrier Terms of Use
Tipaload Carrier Terms of Use
These Tipaload Carrier Terms of Use (the Agreement) are a legally binding contract between you (you or the Carrier) and Tipaload Pty Ltd (ABN 98 639 734 679) (Tipaload).
Tipaload helps to match Shippers and Carriers for the transport of goods by providing a platform on which Shippers can post details of job requests and independent Carriers can quote on, accept and complete those jobs. Tipaload only provides to Carrier the Services as set out in this Agreement, and does not provide Transportation Services.
Please read the terms and conditions of this Agreement carefully. Certain features of the Services may be subject to additional guidelines, policies, terms or rules, which will be provided to you in conjunction with this Agreement. All such additional guidelines, policies, terms and rules are incorporated by reference into this Agreement.
In order to use the Services, you must agree to the terms of this Agreement. Upon your execution (electronic or otherwise) of this Agreement, you agree to be bound by the terms of this Agreement. If you do not agree with any of the terms and conditions of this Agreement, you must not use the App or the Services. We recommend that you print and keep a copy of this Agreement for future reference.
If you are entering into this Agreement on behalf of an entity or organisation, you represent and warrant that you have the full authority as at the time of entering into this Agreement to bind that entity or organisation to the terms of this Agreement. You will provide evidence of such authority on request by Tipaload.
You agree as follows.
1. Services
a) Tipaload provides the following services:
i. it makes available the App to Carrier;
ii. it facilitates the matching of entities (Shippers) that need to transport goods (Goods) with Carriers who are available to transport Goods;
iii. it may provide lead generation services to Carriers in the form of Job Requests made by Shippers; and
iv. it acts as a collection agent on behalf of Carrier for the amount charged to Shipper for the transport of Goods,
(collectively, the Services).
b) Carrier acknowledges and agrees that Tipaload is a technology services provider and does not provide Transportation Services.
2. Accounts and Carrier eligibility requirements
2.1. Carrier Accounts
a) To access and use the Services, a Carrier must have a registered Carrier account (Carrier Account).
b) Tipaload has sole discretion as to whether to provide Carrier with a Carrier Account. Without limiting the foregoing, Tipaload will only activate a Carrier Account if:
i. one Carrier is registered to the Carrier Account;
ii. Carrier satisfies the Carrier Eligibility Requirements; and
iii. one or more Trucks have been registered to the Carrier Account (each of which satisfies the Truck Eligibility Requirements).
c) A Carrier Account is personal to Carrier and can only be accessed and used by the individual registered to that account.
d) Once a Carrier Account has been activated by Tipaload, Carrier will also be provided with Access Credentials. Carrier must keep their Access Credentials secure and confidential. Personnel are not permitted to use the Carrier Account. Carrier must not use another person’s Access Credentials.
e) All activity, including activity in breach of the provisions of this Agreement, undertaken using Carrier’s Access Credentials will be deemed to be the activity of Carrier.
f) Carrier must notify Tipaload immediately if it becomes aware of any unauthorised use, or suspected unauthorised use, of the Carrier Account.
g) Tipaload may suspend or deactivate a Carrier Account in the following circumstances:
i. Carrier accepts a Job Request and fails to proceed directly to the Job’s pickup location on the nominated date at the nominated time;
ii. Carrier selects routes to attend to the pickup and drop-off locations that are considered unreasonable in the circumstances, having regard to traffic conditions;
iii. Carrier accepts a Job and proceeds to a Job with a Truck which is partially or fully laden with goods unrelated to the Job;
iv. Carrier accepts a Job and picks up loads unrelated to the Job during the course of the Job;
v. Carrier fails to proceed to the drop-off locations in the order specified by the Shipper;
vi. Carrier’s licence, truck registration or insurance expires, is revoked or suspended;
vii. Carrier no longer complies with Carrier Eligibility Requirements or a Truck registered to their Carrier Account no longer meets the Truck Eligibility Requirements;
viii. Carrier fails to inform Tipaload of any circumstances that may affect Carrier’s ability to comply with the Carrier Eligibility Requirements or the Truck Eligibility Requirements, or that may require an amendment to any of the information required to be provided to Tipaload in order for it to assess compliance with the Carrier Eligibility Requirements or the Truck Eligibility Requirements;
ix. Carrier receives negative ratings or reviews from a Shipper which, upon investigation by Tipaload, demonstrate that Carrier is or has been in breach of the Carrier Eligibility Requirements, the Truck Eligibility Requirements or the terms of this Agreement;
x. Carrier uses the Services to be matched to a Shipper and then provides or attempts to provide Transportation Services independently of the App and/or Services, in order to circumvent the App or for any other reason;
xi. Carrier fails to comply with the requirements set out in clauses 4.4(b) and 4.4(c) in relation to unattended Delivery Sites;
xii. Carrier fails to comply with the requirements set out in clause 4.5 in relation to damage and injury claims; or
xiii. Tipaload or Shipper receives negative feedback in relation to Carrier from any member of the public, which, upon investigation by Tipaload, demonstrates that Carrier is or has been in breach of the Carrier Eligibility Requirements, the Truck Eligibility Requirements or the terms of this Agreement.
h) Users are responsible for maintaining the confidentiality and security of their Tipaload account credentials and any device used to access the App. You must not share login details or allow any unauthorized person to access your account. If you suspect any unauthorized access to your account or any loss or theft of credentials, you must immediately notify Tipaload and change your password. Tipaload shall not be liable for any unauthorized access to or use of your account or data, except to the extent caused by Tipaload’s proven breach of its security obligations under law. To the fullest extent permitted by law, Tipaload disclaims liability for any loss or corruption of data, or any breach of privacy or data security, occurring through unauthorized access or cyber intrusion, provided that Tipaload has implemented reasonable security measures.
2.2. Carrier Eligibility Requirements
a) Without limiting clause 2.1(b), in order for Carrier to register for and retain a Carrier Account, Carrier must meet the Carrier Eligibility Requirements. Tipaload has sole and absolute discretion to determine whether a Carrier meets the Carrier Eligibility Requirements.
b) The Carrier Eligibility Requirements remain ongoing for the duration of Carrier being registered to a Carrier Account. Carrier represents and warrants that:
i. Carrier meets the Carrier Eligibility Requirements at the time of registration for a Carrier Account, at the time of each login to the Carrier Account and for the whole duration that Carrier uses the Services; and
ii. Carrier will provide Tipaload with any updated information as and when it occurs that may impact Carrier’s ability to meet the Carrier Eligibility Requirements, including informing Tipaload immediately upon becoming aware of any actual or potential changes:
2.2.b.ii.1. to Carrier’s health that may or does affect their ability to operate a vehicle;
2.2.b.ii.2. to the status (including loss of licence) or type of licence that Carrier holds;
2.2.b.ii.3. to Carrier’s criminal record; or
2.2.b.ii.4. to Carrier’s ability to operate a vehicle in accordance with any applicable Law.
iii. Carrier will provide an updated medical certificate to Tipaload in accordance with applicable Law as and when required by Tipaload.
2.3 Accurate Information Warranty
The User represents and warrants that all information and documentation it provides to Tipaload or through the Tipaload App (whether during account registration, profile setup, job requests, site listings, or any communication) is true, accurate, current, and not misleading. The User must promptly update any information that has become inaccurate or out-of-date. This obligation applies to (without limitation) information about the User’s identity, contact details, qualifications (such as licenses, permits, or insurance coverage), the nature or characteristics of any materials or loads (for Shippers), and the features or capacity of any equipment or site. If Tipaload suffers any Loss or incurs any liability due to the User’s provision of false, misleading, or outdated information, the User shall indemnify Tipaload for such Loss. Tipaload reserves the right to verify any information provided and to suspend or terminate the User’s access to the Services in the event any representation is found to be false or misleading.
3. Truck Eligibility Requirements
a) Without limiting clause 2.1(b), Carrier can only register a Truck to a Carrier Account if the Truck meets the Truck Eligibility Requirements. Tipaload has sole and absolute discretion to determine whether a Truck meets the Truck Eligibility Requirements and whether it will allow a Truck to be registered to a Carrier Account.
b) Carrier must not select a Truck registered to their Carrier Account if the Truck that they select for the purposes of utilising the Services does not meet the Truck Eligibility Requirements at that time.
c) Carrier represents and warrants that at the time of registration and while remaining registered, including each time a Carrier selects a Truck for the purpose of utilising the Services, that:
i. each Truck registered to the Carrier Account continues to meet the Truck Eligibility Requirements;
ii. Carrier is the owner or lessee, or is otherwise in lawful possession, of the Truck and has all necessary rights and Consents (as applicable) to provide Transportation Services; and
iii. Carrier will provide any information, as and when it occurs, including updated Service Records, updated changes to insurance or renewal of insurance details that may affect compliance with the Truck Eligibility Requirements.
d) Carriers are required to list every truck they intend to use for bidding on work through the Tipaload app. This includes providing accurate registration numbers for each vehicle. Tipaload will verify that each registration number is legitimate and corresponds to the type of truck listed on the Carrier's account. Carriers must ensure that the information provided is current, complete, and accurate. Failure to comply with these requirements may result in suspension or termination of the Carrier's account.
4. Using the App, accepting Job Requests and undertaking and completing Jobs
4.1. Carrier Status
a) Each time Carrier sets the Carrier Status to Online, Carrier must select the Truck which Carrier intends to use at that time.
b) Carrier must not set the Carrier Status to Online unless:
i. Carrier has completed the Tipaload Onboarding Process and provided all necessary documentation to Tipaload;
ii. Without limiting clause 4.2(d), Carrier is ready and willing to accept within the Permitted Timeframe any job that the nominated Truck is capable of carrying;
iii. Carrier is capable of proceeding directly to a job once matched to a Job Request;
iv. The Truck selected by Carrier is able to carry a full truck load if required;
v. The Truck selected by Carrier has sufficient petrol to commence and complete a delivery located at least 75km away from the location at which Carrier accepts a Job Request, without the need to stop and refill;
vi. Carrier is compliant with any applicable Laws in relation to fatigue management; and
vii. Carrier meets and continues to meet the Carrier Eligibility Requirements and the Truck Eligibility Requirements for the duration of a Job.
c) In the event that Carrier no longer satisfies the requirements in clause 4.1(b), Carrier must set the Carrier Status to Offline or log out of the App.
d) If Carrier has set the Carrier Status to Online, Carrier must only use the Device in compliance with all applicable Laws (including in relation to the use of the Device while driving).
4.2. Job requests
a) If Carrier is matched to a Shipper, Carrier will receive a Job Request setting out the approximate pick-up location of the Goods and the type of Goods.
b) Carrier may provide a quotation for completing the Job Request within the Permitted Timeframe. If Carrier does provide a quotation to the Job Request within the Permitted Timeframe, it will be deemed to have declined the Job Request.
c) If the Carrier quotation is accepted, Carrier must accept or decline a Job Request within the Permitted Timeframe. If Carrier does not respond to the Job Request within the Permitted Timeframe, it will be deemed to have declined the Job Request. Carrier must not accept a Job Request if by doing so Carrier will or is likely to breach any applicable Laws in relation to fatigue management.
d) Carrier acknowledges and agrees that a Shipper may cancel a Job Request at any time prior to it being accepted by Carrier.
e) Carrier is under no obligation to quote or accept any Job Requests, and Tipaload is under no obligation to provide any minimum number of Job Requests to Carrier.
f) Whilst Tipaload will attempt to only match Job Requests with Trucks that match the weight and dimensions of the Goods specified by Shipper in the Job Request, Carrier must only accept a Job Request if Carrier reasonably believes its Truck is capable of carrying and restraining the types of Goods described in accordance with applicable Laws.
g) Once accepted by Carrier, a Job Request will become a Job and further information as to the pick-up location, Delivery Site(s), special requests by the Shipper (such as the order of Delivery Sites) and any other relevant information will be provided to Carrier by Tipaload.
h) Carrier acknowledges and agrees that Carrier will enter into a separate agreement, which may or may not be in the form of a consignment note with Shipper (or, if Shipper is not the consignor, the consignor) for the carriage of the Goods once they have been matched using the Services.
i) Carrier agrees and acknowledges that any agreement or consignment note entered into with Shipper (or, if Shipper is not the consignor, the consignor) pursuant to clause 4.2(h) will not be inconsistent with the terms of this Agreement. Without limiting the foregoing, any conditions of carriage between Shipper and Carrier must not be inconsistent with Carrier’s obligations under clause 4.5 of this Agreement.
4.3. Undertaking a Job
a) Carrier must proceed immediately to the pick-up location for the Job at the nominated time and date. If the Shipper cancels a Job between the time Carrier accepts a Job Request and the time Carrier arrives at the pick-up location to undertake a Job, Shipper will be charged a Cancellation Fee.
b) Undertaking a Job will typically include, but is not limited to:
i. Tipaload providing notification, if necessary, to the Shipper of arrival of the Truck at the pick-up location;
ii. the provision of Transportation Services in accordance with the specified requirements of Shipper and in a safe, direct and uninterrupted manner;
iii. timely submission of all documentation required by Tipaload and the Shipper (including Proof of Delivery); and
iv. Tipaload providing notification, if necessary, to the Shipper of delivery of the Goods at each delivery location.
c) Carrier is not responsible for loading or unloading the Goods, unless they have the requisite equipment required for doing so and can do so in a safe and responsible manner which is compliant with all applicable Laws (including Laws in relation to occupational health and safety). Carrier is responsible for ensuring the load is secure and that the load has adequate load restraint in accordance with applicable Laws.
d) Notwithstanding this clause 4.3, Carrier will be solely responsible for the provision of Transportation Services. Carrier agrees to provide the Transportation Services in relation to a Job and any failure by Carrier to provide such Transportation Services will constitute a material breach of this Agreement.
e) Carrier is solely responsible for all costs and expenses in relation to undertaking Jobs, including costs of fuel, applicable fees and Taxes, wages, any costs associated with use of the Device, licensing, insurance coverage, tolls and fines incurred in the course of providing Transportation Services.
f) Carrier must not cause or permit any Goods to be transported by any other person, or any other mode of transport, than the Carrier and Truck which have been matched for the Job.
g) If the dimension of the Goods and the payload weight of the Goods at the pickup location do not match the Goods described in the Job, and as a consequence the Goods exceed the permitted carrying capacity of the Truck, or Carrier reasonably considers that the Goods are illegal or dangerous goods, a Carrier is entitled to reject the Job and the Shipper will be charged a Cancellation Fee. Carrier must promptly inform Tipaload of any incorrect description of Goods resulting in a need to cancel the Job in accordance with this clause 4.3(g).
h) If the Shipper wants to add additional Goods or add an additional drop-off location (Job Change), Carrier may choose to accept the Job Change following consultation and agreement with Tipaload. Carrier must not accept the Job Change if it would result in Carrier breaching any provisions of this Agreement.
i) Carrier must contact Tipaload directly to discuss any proposed Job Changes by using the “Contact Tipaload” button on their App.
j. If Carrier does not accept the Job Change, and Shipper does not wish to continue with the Job, a Carrier is entitled to reject the Job and the Shipper will be charged a Cancellation Fee. Carrier must promptly inform Tipaload of any rejected Job Change resulting in a need to cancel the Job in accordance with this clause 4.3(j).
k) The Truck used by Carrier will be tracked using the global positioning system on the Device from the time a Job Request is accepted until Carrier has submitted the final Proof of Delivery in accordance with clause 4.4(a). Carrier agrees and acknowledges that Tipaload may ask for permission to access certain hardware or software features of the Device (such as location services). Tipaload will only access these features with the consent of Carrier, and only for the purpose of enabling the particular functions of the App. If Carrier does not consent, Carrier may not be able to use or receive the benefit of some or all of the functionality of the App or the Services. Carrier acknowledges and agrees that information collected about their location may be disclosed to third parties including the Shipper for the relevant Job.
l) To the extent permitted by applicable Laws, traffic conditions, and loading and unloading times, Carrier must not take any unnecessary breaks, or make any unauthorised stops, from the time Carrier accepts a Job Request until Carrier has submitted Proof of Delivery.
m) If Carrier is required by Law to stop or take a break during the performance of a Job, Carrier must alert Tipaload using the “Contact Tipaload” button on the App:
i. at the commencement of the break; and
ii. at the end of the break, to ensure that a Shipper does not get charged any fees which are not attributable to the Job.
n) Carrier will be solely responsible for any and all liability which results from the provision of the Transportation Services, including any Loss, damage, injury or delay.
4.4. Completed Jobs
a) A Job will be completed at the final delivery point, once the Goods have been unloaded in accordance with clause 4.3(c). Carrier must ensure that the receiver of the Goods (the Receiver) provides Proof of Delivery in order to finalise payment.
b) If a Delivery Site is unattended, and only if the Shipper or the Receiver has provided permission for the Goods to be delivered when the Delivery Site is unattended, Carrier must deliver the goods, photograph the Goods, and alert Tipaload via the “Contact Tipaload” button on the App as the Proof of Delivery to complete the Job.
c) If a Delivery Site is unattended, and the Shipper or Receiver has not provided permission for the Goods to be delivered to the Delivery Site when unattended, Carrier must make reasonable efforts to contact the Shipper and/or the Receiver in order to deliver the Goods. In the event that the Goods cannot be delivered or returned to the Shipper, Carrier must deliver the Goods the following Business Day unless otherwise agreed between Carrier and the Shipper. Carrier must use the “Contact Tipaload” button to alert Tipaload to this course of action.
d) Once Carrier has delivered the Goods and has obtained Proof of Delivery, Tipaload will calculate the cost of the Job (the Job Calculation) using an algorithm which will take into account:
i. the quotation provided by the Carrier in relation to the Job Request;
ii. the type of Truck used during the course of the Job;
iii. the time taken by Carrier to complete the Job from acceptance of the Job Request to the issuance to Carrier of Proof of Delivery;
iv. the distance travelled by Carrier to complete the Job;
v. all tolls properly incurred in the course of completing the Job; and
vi. the GST (if any) payable by Carrier in respect of the Job.
e) The algorithm for the Job Calculation may also include the weight of the Goods and any other parameters considered relevant by Tipaload.
f) For the avoidance of doubt, the algorithm used for the Job Calculation may change from time to time, and Tipaload has the ability to change the final Job Calculation if there are any circumstances which require it to do so, including:
i. an investigation of the route selection, which demonstrates that the route selection by Carrier was unreasonable in the circumstances;
ii. an investigation into the loading and unloading times;
iii. subject to clause 4.3(m), if it is demonstrated that Carrier did not spend the entire period from the time Carrier accepts a Job Request until Carrier has submitted Proof of Delivery carrying out the Job for Shipper;
iv. if there has been mechanical failure prior to the completion of the Job; or
v. any other set of circumstances where it is reasonable to do so based on actions which are within the control of Carrier.
g) On behalf of Carrier, Tipaload will issue the Shipper by email with a tax invoice setting out the Job Calculation plus the Service Fee and any applicable Cancellation Fees plus the Service Fee, with details about Carrier and the Job (the Invoice). Shippers will be automatically charged the amount in the Invoice when the final Proof of Delivery has been submitted to Tipaload.
h) Shipper will have an opportunity to dispute the Invoice. If the Invoice is not disputed within the Permitted Dispute Period, the Job will become a Completed Job.
4.5. Damage and injury claims
a) Carrier will notify Tipaload of any damage to Goods or other property or injury caused or incurred in the course of providing Transportation Services as soon as practicable after the damage or injury occurs.
b) Without limiting clause 4.3(n), Carrier agrees and acknowledges that Carrier will be responsible for any damage to Goods or other property or injury caused or incurred in the course of providing Transportation Services and will need to resolve any Claim directly with Shipper or a third party (including any dispute over insurance coverage).
c) Carrier agrees to fully co-operate with the Shipper and/or Tipaload to resolve damage or injury claims as quickly as possible.
4.6 Environmental Compliance & Spill Liability
Carrier represents and warrants that it holds and will maintain all licenses, permits, and approvals required to transport the types of materials offered through the Tipaload platform, including any environmental or waste transport licenses required by law. Carrier shall comply with all environmental and road safety laws during transportation, including but not limited to proper securing of loads and handling of hazardous substances. Carrier is solely responsible for any spill, leak, release or other environmental harm that occurs during or as a result of carrying out Transportation Services, except to the extent directly caused by inaccurate information provided by the Shipper. The Carrier shall immediately notify Tipaload and all relevant authorities of any such incident and shall bear all costs of containment, cleanup, and damages. Carrier indemnifies Tipaload against any Claims, Losses or penalties arising from environmental damage or non-compliance caused by the Carrier’s acts or omissions.
4.7 Assumption of Risk & Safety Compliance
Carrier acknowledges and agrees that it is an independent service provider responsible for its own safety and the safety of its operations. The Carrier shall perform all transportation services in a safe and lawful manner, adhering to all applicable road safety and occupational health and safety regulations. Carrier must ensure that its vehicle, equipment, and methods are safe and suitable for each job. Carrier assumes all risks of personal injury or property damage to itself or its Personnel in the course of providing transportation services, and understands that Tipaload has no control over the conditions of the job sites or roads. The Carrier is solely responsible for carrying any personal injury insurance or workers’ compensation coverage for itself and its employees. Carrier shall indemnify Tipaload against any Claim made by the Carrier or its Personnel (or on their behalf) in relation to any injury or loss incurred in the performance of a job, except to the extent caused by Tipaload’s breach of these Terms or willful misconduct.
4.8 No Unauthorized Delegation Clause
Carrier shall personally perform the transportation services for any Job accepted via Tipaload. The Carrier must not assign, subcontract, or delegate the performance of a Job to any third party (including other drivers) without Tipaload’s prior written consent. Where the Carrier is an organization, it may dispatch an employed driver to perform the Job, but the Carrier must ensure that such driver is fully licensed, meets all requirements of these Terms, and is bound by obligations no less stringent than those imposed on the Carrier hereunder. The Carrier remains fully responsible and liable for any acts or omissions of any person to whom it delegates performance of any part of a Job, as if those were the Carrier’s own acts or omissions. Tipaload reserves the right to refuse or cancel a Job if it becomes aware that an unauthorized person is performing it.
4.9 Duty to Report Incidents or Hazards
In addition to the duty to provide accurate information, each User agrees to promptly notify Tipaload of any material incident or change in circumstances that occurs in connection with a Job or the User’s use of the Services, which a reasonable person would expect to impact the responsibilities or risks under these Terms. This includes (without limitation): any accident, injury, property damage, or spill occurring during a Job; any notice of violation or fine from a government authority related to a Job; any loss of or damage to materials in transit; or any change in the status of a required license, permit, or insurance (such as suspension, revocation, or cancellation). The User’s notification under this clause shall not relieve the User of any liability, but is required so that Tipaload may take appropriate steps (for example, assisting with communication or preventing further harm). Failure to report such incidents or changes may be deemed a breach of these Terms.
4.10 Environmental Compliance and Indemnity
Carrier warrants that it complies with all applicable environmental laws, including laws governing the transportation and handling of regulated, hazardous, or waste materials. Carrier is responsible for ensuring the proper classification, transport, and disposal of any waste or material it carries, and must not engage in illegal dumping or improper disposal. Carrier shall indemnify Tipaload from any fines, penalties, clean-up costs, or third-party claims arising out of any environmental breach, including contamination or unauthorised disposal, caused by the Carrier’s acts or omissions. Tipaload disclaims all liability for any environmental damage or regulatory breach caused by Carriers or other Users.
5. Ratings
a) Carrier may be given a rating by the Shipper for each Completed Job (Carrier Ratings).
b) Carrier will be requested to provide a rating for the Shipper for each Job (Shipper Ratings).
c) Carrier Ratings and Shipper Ratings will be used by Tipaload to monitor and improve the standard of the Services.
d) Where Carrier is dissatisfied with the Carrier Rating provided by a particular Shipper for a particular Job, Carrier may contact Tipaload and the parties will engage in good faith discussions in order to resolve the issue. This clause 5(d) is not subject to the dispute resolution procedure set out in clause 26. Tipaload is under no obligation to amend or remove Carrier Ratings following such discussions and will not do so where such amendment is contrary to Law, including the Australian Consumer Law.
e) If Carrier consistently receives Carrier Ratings considered unacceptable by Tipaload, Tipaload may, at its sole and absolute discretion, deactivate a Carrier Account and/or terminate this Agreement without notice or liability to Carrier.
6. Carriers
a) This clause 6 only applies to Carriers, but nothing in this clause 6 is intended to exclude the operation of any other clause of this Agreement.
b) In the event of a conflict, inconsistency or ambiguity between this clause 6 and any other provision of this Agreement, this clause 6 will prevail.
c) Carrier must procure that all Carrier Personnel who are intending to access the App or Services enter into and comply with this Agreement.
d) Carrier will be solely responsible for all Carrier Personnel who provide Transportation Services, including responsibility for wages, benefits, taxes and expenses, insurance and any other obligations under applicable Laws.
e) Carrier must ensure that all Carrier Personnel who have entered into this Agreement as Carriers comply, and continue to comply during the Term, with the Carrier Eligibility Requirements.
f) Carrier must ensure that all Trucks that are registered to their Carrier Personnel comply, and continue to comply during the Term, with the Truck Eligibility Requirements.
g) Without limiting clause 6(c), Carrier must procure that all Carrier Personnel comply with clause 8.
h) Carrier must comply with all applicable Laws, including any Laws in relation to the use of heavy vehicles or in relation to the use of mobile phones while driving, fatigue management, speeding, restraint of goods, medical fitness, occupational health and safety and any other Laws that may impact upon a Carrier’s ability to comply with this Agreement.
i) Carrier must obtain and maintain all Consents necessary to enable it to perform its obligations under this Agreement without infringing any Law or the rights of any person.
j) Carrier shall defend, hold harmless and indemnify Tipaload and its Related Bodies Corporate and Personnel (the Tipaload Indemnified Parties) from and against any Loss suffered or incurred by the Tipaload Indemnified Parties arising out of or in connection with:
i. any breach of this Agreement or any applicable Laws by Carrier or Carrier Personnel;
ii. the death or injury of any person arising out of or otherwise in connection with any negligence or wrongful act or omission of Carrier or Carrier Personnel;
iii. any fraud (including fraudulent misrepresentation), criminal activity, negligence or wilful misconduct of Carrier or Carrier Personnel;
iv. any failure by Carrier to comply with clause 6(d);
v. any Claim by any person (including Carrier) in connection with any Feedback, User Content or data used or disclosed by Tipaload in connection with this Agreement;
vi. any Claim by any person (including Carrier) that is connected with use by Carrier Personnel of the Services;
vii. any Claim by any person that is connected with the provision by Carrier or Carrier Personnel of Transportation Services; or
viii. any loss or damage to property arising out of or otherwise in connection with any wrongful act or omission of Carrier or Carrier Personnel.
k) Carrier must not transfer, assign, charge, sub-contract or otherwise dispose of this Agreement, or any of its rights or obligations arising under it, without Tipaload’s prior written consent.
l) Tipaload’s consent under clause 6(k) will not relieve Carrier of its obligations to Tipaload under this Agreement, and Carrier will be fully responsible to Tipaload for the acts or omissions of its sub-contractors, contractors, assigns and all their employees, as if it were the acts and omissions of Carrier.
7. Financial terms
7.1. Payment
a) The parties agree and acknowledge that Shippers will be charged for Completed Jobs in accordance with the Job Calculation, and that Shippers will be charged Cancellation Fees in accordance with clauses 4.3(a), 4.3(g) and 4.3(j).
b) Tipaload collects payment from Shippers for Completed Jobs and Cancellation Fees as a collection agent for Carrier.
c) In consideration of Tipaload’s provision of the App and the Services under this Agreement, and Tipaload acting as the collection agent for Carrier as per clause 7.1(b), Carrier agrees to pay Tipaload the Onboarding Fee.
d) Tipaload shall electronically remit to Carrier on at least a monthly basis any amounts collected on behalf of Carrier under clause 7.1(b), less any amounts payable to Tipaload under clause 7.2.
e) Tipaload charges a Service Fee of 1% on the total quote submitted by the Carrier for each Job. This amount is deducted from the total payment collected from the Shipper before funds are remitted to the Carrier. Additionally, Tipaload adds a 20% Service Fee to the Carrier’s quoted amount, which is charged to the Shipper and retained by Tipaload. These fees compensate Tipaload for facilitating the transaction and operating the platform.
f) Tipaload charges a Service Fee of 20% on top of the per-load price set by Tip Site Owners. When a Tip Site Owner lists their site and sets a load price, Tipaload displays a price to Carriers that includes this 20% Service Fee. The Service Fee is retained by Tipaload, and the Tip Site Owner receives the original price they set, subject to any other applicable deductions. Tipaload reserves the right to change this Service Fee at any time, or to introduce additional service fees or charges for the use of the Tipaload app.
7.2. GST
a) If GST is payable on a supply made under or in connection with this Agreement, the party providing the consideration for that supply must pay as additional consideration an amount equal to the amount of GST payable on that supply.
b) Unless otherwise stated, all amounts referred to in this Agreement are stated on a GST exclusive basis.
c) Any reference in this Agreement to value, sales, revenue or a similar amount is a reference to that amount exclusive of GST.
d) Where any indemnity, reimbursement or similar payment under this Agreement is based on any cost, expense or other liability, it shall be reduced by any input tax credit entitlement, or notional input tax credit entitlement, in relation to the relevant cost, expense or other liability.
e) If an adjustment event occurs in relation to a supply made under or in connection with this Agreement, the GST payable on that supply will be recalculated to reflect that adjustment and an appropriate payment will be made between the parties.
f) If required to provide an invoice, a party shall provide proper tax invoices if GST is applicable.
g) This clause will not merge upon completion and will continue to apply after expiration or termination of this Agreement.
h) Terms which have a defined meaning in the A New Tax System (Goods and Services Tax) Act 1999 shall have that meaning in this Agreement.
7.3 Limited Payment Agent & No Guarantee
Carrier acknowledges that Tipaload acts only as a limited payment collection agent to collect payments from Shippers on behalf of Carriers for Completed Jobs and Cancellation Fees. Tipaload is not a trustee, escrow agent, or financial guarantor and does not assume liability if a Shipper fails to pay or reverses a transaction. Carrier bears the full risk of Shipper default or non-payment. Tipaload may pass through any recovered amounts but is not obligated to pursue recovery. Tipaload may offset, deduct, or reclaim payments in the event of chargebacks, overpayments, or errors. No fiduciary relationship is created by Tipaload’s role, and collected funds may be co-mingled unless otherwise required by law.
7.4 No Extra Warranties or Indemnities
Tipaload provides no warranties, guarantees, or indemnities other than those expressly set out in this Agreement or required under applicable law. To the fullest extent permitted by law, all other terms, conditions, warranties, or representations (whether statutory, express, or implied) are excluded. Tipaload does not assume any additional legal liability, and Users acknowledge that their sole protections are those that cannot be excluded under the Australian Consumer Law or equivalent legislation.
8. Use of App and Services
a) Carrier must:
i. not copy the App except where such copying is incidental to normal use of the App;
ii. not rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
iii. not make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
iv. not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing;
v. not provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without the prior written consent of Tipaload; and
vi. comply with all technology control or export laws and regulations that apply to the technology used or supported by the App.
b) Carrier must:
i. not use the App or Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any operating system;
ii. not infringe Tipaload’s Intellectual Property Rights or those of any third party in relation to Carrier’s use of the App or Services;
iii. not transmit or submit using the App or Services any material or User Content that is defamatory, offensive or otherwise objectionable;
iv. not use the App or Services in a way that could damage, disable, overburden, impair or compromise Tipaload’s systems or security or interfere with other users; and
v. not collect or harvest any information or data, or attempt to decipher any transmissions to or from the servers used by Tipaload.
c) Tipaload may, at any time and in Tipaload’s sole discretion, prohibit, suspend or otherwise restrict Carrier from accessing the App or the Services for any reason whatsoever.
d) Users shall not engage in any activity that could compromise the security, integrity, or proper functioning of the Tipaload App or Services. Prohibited conduct includes, without limitation:
i. introducing or transmitting any viruses, malware, Trojan horses, harmful code or any other material that is malicious or technologically harmful;
ii. attempting to gain unauthorized access to the App, other users’ accounts, or Tipaload’s systems;
iii. conducting any vulnerability scanning or penetration testing of the platform without Tipaload’s written consent;
iv. using any automated means (such as bots or scripts) to extract data or content from the platform (scraping) not authorized by Tipaload;
v. any action that imposes an unreasonable or disproportionately large load on the platform’s infrastructure; or
vi. circumventing or attempting to circumvent any security features of the App. Any breach of this clause by a User constitutes a material breach of the Terms, and in addition to termination of access, may result in legal action. The User shall be liable for any Loss or damage incurred by Tipaload (including the costs of rectifying any security issue) as a result of such prohibited conduct.
e) Tipaload does not warrant that the App or Services will be uninterrupted, error-free, or free from security vulnerabilities. Tipaload disclaims all liability for any data loss, corruption, unauthorised access, or service outage, except to the extent required by law. Any uptime targets or support features are provided on an “as is” and “as available” basis. Carrier must take reasonable steps to back up data and secure any systems or devices used in connection with the Services.
9. Audit
a) During the Term and for 12 months after the end of the Term, Tipaload will have the right to, or engage an independent third party auditor to, conduct an audit (including spot checks) of Carrier to verify that Carrier is complying with the terms of this Agreement (including the review of any licences, permits or other information required to fulfil the Carrier Eligibility Requirements, Truck Eligibility Requirements or any applicable Law).
b) Each audit must be conducted during normal business hours and in a manner designed to not unreasonably interfere with Carrier’s ordinary business.
c) Tipaload will bear its own costs associated with any audit conducted under this clause 9.
10. Intellectual Property Rights
10.1. App and Services
a) (ownership) The parties acknowledge that all rights, title and interest in the App and Services, including in any improvements to the App and Services (including any Intellectual Property Rights in the App and Services, and any improvements to them) remain with Tipaload and/or its licensors at all times and nothing in this Agreement is intended to transfer such right, title or interest to Carrier.
b) (licence) Subject to clause 10.1(c) and Carrier’s compliance with the terms of this Agreement, Tipaload grants to Carrier a non-transferable and non-exclusive licence to install, view, use and display the App on the Device during the Term for personal and business purposes (to the extent that the business purpose is solely and directly related to the provision by Carrier of Transportation Services to Shipper) only.
c) The licence granted under clause 10.1(b) does not include a right to sub-license or otherwise provide the App or Services to any third party.
d) Carrier acknowledges and agrees that the availability of the App is dependent on the third party from which Carrier obtains the App (the App Store). Each App Store may have its own terms and conditions which Carrier agrees to comply with, and the licence granted under clause 10.1(b) is conditional on Carrier’s compliance with any such terms and conditions.
10.2. Feedback
a) Carrier agrees and acknowledges that any feedback, suggestions, bug reports, system errors and other information or ideas in relation to the App or the Services (Feedback) may be used by Tipaload in any manner it deems appropriate (and will not be regarded as being confidential or proprietary information).
b) Carrier will ensure that any existing or future Intellectual Property Rights in any Feedback vest in Tipaload absolutely. Carrier agrees to assign, and procure the assignment of, such Intellectual Property Rights in any Feedback to Tipaload immediately on their creation.
10.3. User Content
a) Carrier agrees and acknowledges that it is solely responsible for any User Content. To the extent permitted by Law, including the Australian Consumer Law, Tipaload will not be responsible for any User Content and provides no guarantees regarding the accuracy, currency, suitability or quality of any User Content.
b) Carrier grants Tipaload a perpetual, worldwide, transferable, non-exclusive right to access, use, adapt, modify, reproduce, reformat, transform, process, commercialise and exploit, and create Derivative Materials from, User Content to the extent necessary to undertake such activities.
c) Tipaload may disclose User Content to third party service providers, if Tipaload merges with or is acquired by a third party, or to comply with applicable Laws. Tipaload may also use User Content to investigate or prevent any breach or potential breach of any applicable Law or this Agreement.
10.4. Data and Derivative Materials
a) Carrier grants Tipaload a perpetual, worldwide, transferable, non-exclusive right to access, use, adapt, modify, reproduce, reformat, transform, process, commercialise and exploit, and create Derivative Materials from, the Data to the extent necessary to undertake such activities.
b) Carrier agrees and acknowledges that Tipaload intends to use and/or aggregate the Data in conjunction with other information collected or obtained by Tipaload, and Carrier agrees that Tipaload is permitted to make full use of, commercialise and exploit the Data for those purposes.
c) Carrier will ensure that any existing or future Intellectual Property Rights in any Derivative Materials immediately vest in Tipaload absolutely. Carrier agrees to assign, and procure the assignment of, such Intellectual Property Rights in any Derivative Materials to Tipaload immediately on their creation.
d) Without limiting the foregoing, Carrier agrees and acknowledges that Tipaload may disclose Data and Derivative Materials to any third party in its sole discretion.
10.5 Privacy Compliance & Use of Personal Info
Each User shall comply with all applicable privacy and data protection laws in relation to Personal Information obtained through the Tipaload platform. Users agree to use Personal Information of other users only for the legitimate purposes of the Tipaload-facilitated transaction and not for any unrelated purpose (including marketing or disclosure to third parties) without the data subject’s consent. Users must handle all Personal Information confidentially and securely. If a User is provided with or otherwise obtains Personal Information (such as names, contact details, job details) via Tipaload, that User must not retain it longer than necessary for the transaction, must not copy or store it outside the platform in violation of law, and must promptly delete it upon Tipaload’s request or completion of the transaction, except as required by law to retain. Each User shall indemnify Tipaload for any Loss, Claim or penalty arising from that User’s misuse of Personal Information or breach of applicable privacy laws.
10.6 No Assignment of Agreement
No User may assign or transfer any of its rights or obligations under these Terms to any third party without the prior written consent of Tipaload. Any purported assignment in breach of this clause is void. Tipaload may assign its rights and obligations under this Agreement to a successor or third party as part of a business reorganization or sale, by providing notice to Users.
11. Third party content
The App and/or Services may contain links to third party websites, services or advertisements for third parties (Third Party Content). Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, Tipaload does not endorse and is not responsible for any Third Party Content and has no control over or rights in Third Party Content.
12. Confidentiality
12.1. Confidentiality.
Subject to clause 12.2, a party must not disclose, or use for a purpose other than as contemplated by this Agreement, the existence of and terms of this Agreement or any other Confidential Information.
12.2. Permitted disclosure.
A party may disclose any Confidential Information:
a) to the other party to this Agreement;
b) under corresponding obligations of confidence as imposed by this clause, to persons which control or are controlled by the party within the meaning of the Corporations Act 2001 (Cth), and the employees, legal advisors or consultants of such persons;
c) which is at the time lawfully in the possession of the proposed recipient of the Confidential Information through sources other than the other party, or a Related Body Corporate of the other party, to this Agreement;
d) in enforcing this Agreement or in a proceeding arising out of or in connection with this Agreement;
e) if required under a binding order of a Governmental Agency or under a procedure for discovery in any proceedings;
f) if required under any Law or any administrative guideline, directive, request or policy whether or not having the force of law;
g) as required or permitted by this Agreement;
h) to its legal advisers, its insurers and its consultants; or
i) with the prior written consent of the other party to this Agreement.
12.3. Publicity
a) Carrier agrees that, notwithstanding this clause 12, Tipaload may:
i. disclose to third parties the fact that Carrier has entered into this Agreement with Tipaload; and
ii. use de-identified information about Carrier, in any marketing or other material used by Tipaload.
b) For the avoidance of doubt, marketing material may include (but is not limited to) case studies regarding Carrier’s involvement with Tipaload, however Tipaload will only identify Carrier in marketing material (including in case studies) with Carrier’s prior written consent.
13. Responsibility for Taxes and Legal Compliance
Each Carrier and Tip Site Owner is responsible for all of its own business costs and legal obligations in performing services or running its site, including payment of all applicable taxes, duties, levies, insurance premiums, registrations, and licensing fees. Tipaload does not supervise or direct the manner in which you perform services or operate your site and does not provide any tools or equipment (other than the App) for your activities. You are solely responsible for reporting and remitting any income tax, Goods and Services Tax (GST), or other taxes resulting from fees earned through Tipaload. If any governmental authority determines that Tipaload is required to pay or withhold any taxes or charges on your behalf, you agree to indemnify Tipaload for any such amounts and any related costs or penalties.
14. Privacy
a) Tipaload may collect personal information about Carrier (or, in the case of a Carrier, its Personnel including Carriers) in order to provide the Services and for other purposes set out in the Privacy Policy.
b) Carrier agrees and acknowledges that personal information may be disclosed to third parties (including to Shippers in accordance with clause 4.4(g) and to assist in the resolution of any dispute between Carrier and Shipper), and that the Privacy Policy sets out how Tipaload collects, uses, stores and discloses personal information and the consequences if that information is not provided.
c) The Privacy Policy sets out the manner in which Carrier (or, in the case of a Carrier, its Personnel including Carriers) may access personal information, seek correction of personal information or complain about a breach of the Privacy Act.
d) Without limiting any other part of this clause 13, any information collected by Tipaload under this Agreement, including any information required to assess initial or ongoing compliance with the Carrier Eligibility Requirements or the Truck Eligibility Requirements, will be collected, used and disclosed in accordance with the Privacy Policy.
15. Representations and warranties
a) Each party represents and warrants that:
i. it has full power, authority and legal capacity to enter into this Agreement and perform its obligations under this Agreement;
ii. execution and performance of this Agreement will not result in a breach of any terms or conditions of any instrument or agreement to which it is a party; and
iii. it shall obtain and maintain all Consents applicable or necessary in order to perform its obligations under this Agreement.
b) Carrier represents and warrants to Tipaload that, as at the time of entering this Agreement and for the duration of the Term:
i. it has the required level of competency and professionalism expected of a professional truck Carrier to access the Services for the type of Truck or Trucks registered in the Carrier Account in accordance with Law;
ii. Carrier does not have a criminal record or any pending criminal charges in any jurisdiction in Australia (including any offences in relation to drink-driving, drug possession or supply, fraud or theft);
iii. each Truck used to provide Transportation Services is in good working condition and order and has been serviced in accordance with all applicable Laws;
iv. Carrier will take all reasonable steps to prevent breaches of any applicable Laws (including in relation to road transport mass, dimension, loading, speed compliance, work hours and occupational health and safety);
v. it has the knowledge and capability to handle the types of goods which can be carried by the types of Trucks it intends to register, with care and diligence in a manner expected by a reasonable Shipper; and
vi. it has the knowledge and ability to liaise and interact with Shippers and Receivers in a customer focused manner.
c) Each User acknowledges that, in entering into this agreement and using the Tipaload Services, it has not relied on any representations, warranties, or statements made by Tipaload or its representatives other than those expressly set out in these Terms. To the extent any descriptive or promotional material (including any FAQs, summaries, or advertisements) was made available, the User agrees that such material is for general informational purposes only and does not form part of this agreement or create additional warranties. No statement or assurance by Tipaload staff or support (whether oral or written) shall be binding unless incorporated into a written contract or these Terms. The User agrees that its decision to use the Service is based on its own assessment and not on any promise of outcome or revenue from Tipaload.
16. Compliance
a) Carrier must comply with all applicable Laws, including any Laws in relation to the use of heavy vehicles (including NHVR compliance) or in relation to the use of mobile phones while driving, fatigue management, speeding, restraint of goods, medical fitness, occupational health and safety and any other Laws that may impact upon a Carrier’s ability to comply with this Agreement.
b) Carrier must obtain and maintain all Consents necessary to enable it to perform its obligations under this Agreement without infringing any Law or the rights of any person.
17. Updates
a) Tipaload may make Updates available to Carrier from time to time. Carrier must install any Updates as soon as reasonably practicable upon receipt. Once installed, Updates will be deemed to form part of the App.
b) To the extent permitted by Law (including the Australian Consumer Law if applicable), Tipaload shall not be liable for any failure of the App or the Services to operate in accordance with this Agreement, or to otherwise meet any warranties or representations set out in this Agreement or required under Law, unless Carrier has installed all Updates pursuant to this clause 16.
18. Force Majeure
a) Subject to the requirement to give notice under this clause, if the performance by any party (Affected Party) of all or any of its obligations under this Agreement is prevented or delayed in whole or in part due to any Force Majeure Event, this Agreement will continue and remain in effect but the Affected Party will not be in breach of this Agreement for that reason only, and the Affected Party will be granted a reasonable extension of time to complete performance of its affected obligations.
b) The Affected Party must promptly after becoming aware of a Force Majeure Event, give written notice to the other party of the nature of the Force Majeure Event and the way and the extent to which its obligations are prevented or delayed and notify the other party of any material change in these matters and use its reasonable endeavours to limit the effects of the Force Majeure Event, and promptly carry out its obligations as soon as, and to the extent that, it is able to do so.
c) After 14 days (or earlier if agreed by the parties) of being given notice, either party may terminate the Agreement or negotiate to allow part fulfilment or deferment of the obligations of either party under this Agreement.
19. Variation
a) Tipaload may amend these terms and conditions from time to time to reflect changes in market conditions, changes in technology used to provide the products and services under this Agreement, changes in payment methods, changes in relevant Laws and regulatory requirements and changes in the capabilities of Tipaload’s system.
b) Tipaload will notify Carrier of any amendment to this Agreement in writing. Carrier must accept the amended terms in order to continue its use of the Services. If Carrier does not agree to the amended terms, Carrier will be deemed to have exercised its right to terminate the Agreement pursuant to clause 19.2(f) below.
b) Tipaload will notify the Carrier of any amendment to this Agreement in writing. By continuing to use the Services after such notification, the Carrier is deemed to have accepted the amended terms. If the Carrier does not agree to the amended terms, they must cease using the Services and will be deemed to have exercised their right to terminate the Agreement pursuant to clause 19.2(f) below.
20. Term and termination
20.1. Term
This Agreement commences on the Commencement Date and shall continue until terminated in accordance with its terms.
20.2. Termination
a) (for cause) Either party may terminate this Agreement with immediate effect by giving written notice to the other party at any time if the other party:
i. breaches any warranty in this Agreement or any other provision of this Agreement which is incapable of being remedied, or where the breach is capable of being remedied, fails to remedy the breach within seven days after receiving written notice from the terminating party requiring it to do so; or
ii. on the occurrence of an Insolvency Event.
b) (termination for failure to comply with requirements) Without limiting clause 19.2(a)(i), Tipaload may suspend Carrier’s access to the Services or terminate this Agreement with immediate effect if Carrier breaches any of the Carrier Eligibility Requirements or Truck Eligibility Requirements, or clauses 8 or 15 of this Agreement.
c) (termination for misrepresentation as to compliance with requirements) Without limiting clause 19.2(a)(i), Tipaload may suspend Carrier’s access to the Services or terminate this Agreement with immediate effect if Carrier makes any intentional or fraudulent misrepresentation in connection with the Carrier Eligibility Requirements or Truck Eligibility Requirements.
d) (suspension or termination for unacceptable Carrier Ratings) Tipaload may suspend Carrier’s access to the Services or terminate this Agreement with immediate effect in accordance with clause 5(e).
e) (termination for Regulatory Event) If a Regulatory Event that, in the reasonable opinion of Tipaload, may affect the subject matter of this Agreement occurs or is likely to occur during the Term, Tipaload may immediately suspend the performance of this Agreement or terminate this Agreement without liability to Carrier.
f) (termination for refusal of new terms) If Carrier elects not to accept variations to these terms made pursuant to clause 18, Carrier will be deemed to have terminated this Agreement with immediate effect.
g) (termination for convenience) Either party may terminate this Agreement for convenience and without incurring liability to the other party at any time by giving at least 30 days’ written notice to the other party.
21. Consequences of termination
a) On termination of this Agreement for any reason:
i. all rights granted to Carrier under this Agreement shall cease;
ii. any Carrier Account will be deactivated and any User Content may be deleted;
iii. Carrier must cease all activities authorised by this Agreement; and
iv. Carrier must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App in its possession.
b) Carrier must, within 20 Business Days of termination, pay to Tipaload all fees incurred and/or owing under the Agreement up to and including the date of termination or expiry.
22. Accrued rights and remedies and survival
Without limiting any other provision of this Agreement, clauses 8 (Use of App and Services), 10 (Intellectual Property), 12 (Confidentiality), 13 (Privacy), 20 (Consequences of termination), this clause 21 (Accrued rights and remedies and survival), 22 (Disclaimer), 23 (Indemnities), and any other clauses which should by their nature survive termination of this agreement, survive termination or expiration of this Agreement for any reason.
23. Disclaimer
Carrier agrees and acknowledges that, to the extent permitted by Law (including the Australian Consumer Law if applicable), Tipaload:
a) does not represent, warrant or accept any liability in relation to the accuracy, currency, reliability or quality of the App or the Services;
b) does not represent or warrant that the App or the Services are free from errors or omissions, or that they are exhaustive;
c) does not represent or warrant that the App or the Services will be available on an uninterrupted, timely or secure basis;
d) does not represent or warrant that the App or services will be free of viruses or other harmful code; and
e) disclaims any warranties, representations or endorsements, express or implied, with regard to the App or the Services, including all implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
24. Indemnities
24.1. Indemnity by Tipaload.
Tipaload shall defend, hold harmless and indemnify Carrier from and against any Loss suffered or incurred by Carrier arising out of or in connection with any Claim that the Services infringe any Intellectual Property Right or other right of any third party, except to the extent that such Loss is caused or contributed to by an act or omission of Carrier.
24.2. Indemnity by Carrier.
Carrier shall defend, hold harmless and indemnify Tipaload and its Related Bodies Corporate and Personnel (the Tipaload Indemnified Parties) from and against any Loss suffered or incurred by the Tipaload Indemnified Parties arising out of or in connection with:
a) any breach of this Agreement or any applicable Laws;
b) the death or injury of any person arising out of or otherwise in connection with any negligence or wrongful act or omission of Carrier or its Personnel;
c) any fraud (including intentional and/or fraudulent misrepresentation), criminal activity, negligence or wilful misconduct of Carrier or its Personnel;
d) any Claim by any person (including Carrier) in connection with any Feedback, User Content or data used or disclosed by Tipaload in connection with this Agreement;
e) any Claim by any person (including Carrier) that is connected with use by Carrier of the Services;
f) any Claim by any person that is connected with the provision by Carrier of Transportation Services, including a Shipper or Receiver, arising out of or in connection with the provision by Carrier of those Transportation Services; or
g) any loss or damage to property arising out of or otherwise in connection with any wrongful act or omission of Carrier.
25. Role of Tipaload
a) Tipaload acts solely as an intermediary platform that connects Shippers with Carriers. Tipaload is not a transportation service provider, contractor, or party to the transportation contracts between Shippers and Carriers. Tipaload disclaims all liability for the actions, omissions, or compliance of Shippers and Carriers, including but not limited to any accidents, delays, or damages that occur during the execution of a transportation job facilitated through the Tipaload app.
26. No Partnership or Employment
Independent Parties. The relationship between Tipaload and each User is that of independent contracting parties. Nothing in these Terms shall be construed as creating any partnership, joint venture, fiduciary relationship, or employment relationship between Tipaload and any User. Carriers and Tip Site Owners act as independent service providers to Shippers (and not as employees or agents of Tipaload), and Shippers are customers of those independent providers. Tipaload’s role is limited to providing the platform and payment facilitation as an agent on behalf of the Carrier or Owner for the sole purpose of collecting payments from Shippers and remitting them (less applicable fees) – this limited agency for payment does not create any other form of agency or authority. Users have no authority to bind Tipaload in any manner, and shall not represent themselves as having such authority.
27. Limitation of liability
a) To the extent permitted by Law, (including the Australian Consumer Law if applicable), and subject to clause 24(d), in no event will the aggregate liability of Tipaload for any Loss, direct or otherwise, exceed the Liability Cap, regardless of the cause or form of action. For the avoidance of doubt, the limitation of liability under this clause 24(a) is cumulative and not per incident or Claim.
b) To the extent permitted by Law, (including the Australian Consumer Law if applicable), under no circumstances will Tipaload be liable for any Consequential Loss.
c) The limitations and exclusions in this clause 24 shall apply whether the action, claim or demand arises from breach of contract, tort (including negligence) or under any other theory of liability.
d) Clause 24(a) does not apply to, and shall not limit, any party’s liability:
i. for death or personal injury caused by that party or its Personnel;
ii. for fraud (including fraudulent misrepresentation); or
iii. under any indemnity given in this Agreement.
e) To the maximum extent permitted by law, in no event shall Tipaload be liable to any User for any indirect, incidental, special or consequential losses or damages, or for any loss of profit, loss of business, loss of revenue, loss of data, or business interruption, arising out of or in connection with the use of the App or the Services, even if Tipaload has been advised of the possibility of such damages. The User acknowledges that the Tipaload Services may be subject to limitations, delays, and other issues inherent in the use of the internet and electronic communications. Tipaload shall not be responsible for any delays, delivery failures, or other damage or loss resulting from such issues, or from any scheduled maintenance or unforeseen downtime of the App.
f) Tipaload will use reasonable efforts to maintain the availability of the App and to protect the integrity of data transmissions. However, Tipaload does not guarantee that the Services will be free from technical errors, disruptions, or vulnerabilities at all times. The User agrees that any technical support or assistance provided by Tipaload is on an “as is” and “as available” basis, and Tipaload makes no warranty that any particular issue or defect will be corrected. Users are responsible for adopting their own contingency plans (such as backups or alternate arrangements) for managing their needs in the event of App unavailability or errors.
g) Users agree not to sue Tipaload individuals (directors, officers, employees) and all claims must be brought against the company.
28. Assignment
a) The contract between Tipaload and Carrier is binding on the parties and their respective successors and assigns.
b) Carrier must not transfer, assign, charge, sub-contract or otherwise dispose of this Agreement, or any of its rights or obligations arising under it, without Tipaload’s prior written consent. Tipaload may transfer, assign, charge, sub-(c)contract or otherwise deal with an Agreement, or any of its rights or obligations arising under it, at any time during the term of the Agreement.
29. Mandatory Insurance Coverage
The Carrier shall, at its own expense, maintain all necessary and prudent insurance coverages during the term of its use of the Tipaload Services and performance of any Jobs, including: (a) Compulsory Third Party (CTP) motor vehicle insurance as required by law for injury/death to third parties arising from use of the vehicle; (b) Motor Vehicle Third Party Property Damage insurance (comprehensive or at least third party property) covering damage to any third party property caused by the Carrier’s vehicle (with a minimum cover of AUD $[minimum] per occurrence); (c) Public Liability insurance covering the Carrier’s liability for death, bodily injury or property damage to third parties in the course of providing transportation services (with a minimum cover of AUD $[2-20] million per occurrence, as reasonably determined by Tipaload); and (d) if the Carrier engages any employees or helpers, Workers’ Compensation insurance as required by law. Upon Tipaload’s request, Carrier shall provide certificates of currency or other evidence of such insurance. The Carrier must immediately notify Tipaload if any required insurance is cancelled or significantly modified. The Carrier’s liability to Tipaload or any party is not limited by the Carrier’s insurance cover – the Carrier remains liable for all obligations even if insurance is insufficient or not available.
30. Dispute resolution
a) Neither party may commence any court or arbitration proceedings relating to a Dispute unless it has complied with the provisions of this clause 26, except to seek urgent interlocutory relief.
b) A party claiming that a Dispute has arisen must promptly notify the other party in writing by giving details of the Dispute. The parties must use reasonable endeavours to resolve any Dispute.
c) If the parties are not able to resolve the Dispute in accordance with clause 26(b) within 20 Business Days from the date of notification, either party may immediately refer the Dispute to mediation and the parties will use reasonable endeavours to resolve the Dispute following the ACDC Guidelines. Each party must bear its own costs in relation to complying with this clause 26(c), except for the costs and expenses of the mediation, which will be borne by the parties equally.
31. Notices
31.1. Provision of notices.
Any notice, demand, consent or other communication (a Notice) given or made under this Agreement:
a) must be in writing and signed by the Shipper or a person duly authorised by the Shipper;
b) must be addressed and delivered to the address, email address or fax number last notified by the intended recipient to the Shipper after the date of this Agreement; and
c) will be conclusively taken to be duly given or made when delivered, received or left at the above email address, fax number or address. If delivery or receipt occurs on a day that is not a business day in the place to which the Notice is sent or is later than 4pm (local time) at that place, it will be conclusively taken to have been duly given or made at the commencement of business on the next business day in that place.
32. Relationship of the parties
Carrier’s relationship with Tipaload under this Agreement is solely one of service provider and service recipient (including, as part of that relationship, a licensor and licensee relationship). Nothing in this Agreement constitutes a relationship of employer and employee, partnership, joint venture or agency and, except as stated in this Agreement, neither party has any authority or power to:
a) bind the other; or
b) create a liability against the other.
33. General
33.1. Further assurances
Each party agrees to do all things and execute all deeds, instruments, transfers or other documents as may be necessary or desirable to give full effect to the provisions of this Agreement and the transactions contemplated by it.
33.2. Entire agreement
This Agreement contains the entire agreement between the parties with respect to its subject matter. It sets out the only conduct, representations, warranties, covenants, conditions, agreements or understandings (collectively Conduct) relied on by the parties and supersedes all earlier Conduct by or between the parties in connection with its subject matter. None of the parties has relied on or is relying on any other Conduct in entering into this Agreement and completing the transactions contemplated by it.
33.3. Waiver
No failure to exercise or delay in exercising any right, power or remedy under this Agreement operates as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.
33.4. Remedies cumulative
The rights, powers and remedies provided to a party in this Agreement are in addition to, and do not exclude or limit, any right, power or remedy provided by law or equity or any agreement.
33.5. No merger
The rights and obligations of the parties will not merge on the completion of any transaction contemplated by this Agreement. They will survive the execution and delivery of any assignment or other document entered into for the purpose of implementing a transaction.
33.6. Severability
If any provision of these Terms (or part thereof) is found to be invalid or unenforceable under applicable law, it shall be read down or severed to the minimum extent necessary so that it becomes valid and enforceable, and the remaining provisions shall remain in full force and effect. Risk Allocation. The provisions of these Terms which limit liability, exclude warranties, or allocate risk between the User and Tipaload (including indemnities, disclaimers, and limitations of liability) are agreed by the parties to be fair and reasonable and shall survive the termination or expiration of this Agreement. In the event of any inconsistency between these Terms and any other document or policy referenced herein, the terms of this Agreement shall prevail to the extent of the inconsistency.
33.7. Costs and duty
Each party must bear its own costs arising out of the negotiation, preparation and execution of this Agreement.
33.8. Governing law and jurisdiction
This Agreement and, to the extent permitted by law, all related matters including non-contractual matters, is governed by the laws of New South Wales and of the Commonwealth of Australia applying there. In relation to such matters each party irrevocably accepts the non-exclusive jurisdiction of courts with jurisdiction there and waives any right to object to the venue on any ground.
33.9. Counterparts
This Agreement may be executed in any number of counterparts. All counterparts will be taken to constitute one agreement.
34. Definitions and Interpretation
34.1. Definitions
The following definitions apply unless the context requires otherwise.
Access Credentials means the necessary security measures provided by Tipaload to Carrier to access its Carrier Account.
ACDC means the Australian Commercial Disputes Centre Ltd (or, if that organisation ceases to exist, a similar organisation nominated by the party referring the Dispute to mediation).
ACDC Guidelines means ACDC Guidelines for Commercial Mediation (or if the ACDC ceases to exist, the guidelines for mediation of any similar organisation nominated by the party referring the Dispute to mediation) in force from time to time, the terms of which are incorporated into this Agreement.
App means the mobile application described as the “Tipaload App” (as updated from time to time) or any other application used to provide the Services.
App Store has the meaning given in clause 10.1(d).
Business Day means a weekday on which banks are open in Sydney, New South Wales.
Cancellation Fee means the fees charged to a Shipper in the circumstances set out in clauses 4.3(a), 4.3(g) and 4.3(j). The Cancellation Fee will be equal to the amount equivalent to the call out rate for the Truck from the time that Carrier accepted the Job Request until the time that the Job has been cancelled.
Carrier means an individual or entity who employs, contracts, procures or makes other arrangements with Carrier Personnel in relation to their use of the App and the Services.
Carrier Personnel means Carriers who are employed by, contract with or make other arrangements with Carriers in relation to their use of the App and Services.
Claim means, in relation to a party, a demand, claim, action or proceeding made or brought by or against the party, however arising and whether present, unascertained, immediate, future or contingent.
Commencement Date means the date the parties enter into this Agreement.
Completed Job has the meaning given in clause 4.4(h).
Confidential Information means all information of a confidential nature, in any form whether tangible or not and whether visible or not, disclosed or communicated by a party to the other, or learnt or accessed by, or to which the other party is exposed as a result of entering into this Agreement and includes, without limitation, any information and material concerning the contractual or commercial dealings, financial details, products or services (current or proposed), customers, employees, internal policy, the Intellectual Property Rights of a party or dealings under this Agreement.
Consents means any licences, clearances, permissions, certificates, permits, authorities, declarations, exemptions, waivers, approvals or consents.
Consequential Loss means any:
a) loss of profits, loss of income or revenue, loss of data, loss of or damage to reputation, loss of or damage to goodwill, loss of business opportunities (including opportunities to enter into or complete arrangements with third parties), loss of management time, damage to credit rating, or loss of business; and
b) any loss, not arising naturally (that is according to the usual course of things), from the relevant breach, whether or not such loss is reasonably supposed to have been in the contemplation of both parties, at the time they made the Agreement, as the probable result of the relevant breach.
Data means data (excluding Personal Information) that Carrier inputs into the App or provides to Tipaload or its Personnel by any other means or that is otherwise obtained by or on behalf of Tipaload or its Personnel via the App or by any other means.
Delivery Site means any physical location to which Goods must be delivered by Carrier in order to complete a Job.
Derivative Materials means materials, data and insights derived or created by or on behalf of Tipaload or its Personnel in accordance with clause 10.4, which are based on, or created or derived from, the Data.
Device means the device provided and used by Carrier to access the App.
Dispute means a dispute between the parties arising in connection with this Agreement.
Carrier means a Carrier who is registered to a Carrier Account, and who meets the Carrier Eligibility Requirements.
Carrier Account has the meaning given in clause 2.1(a).
Carrier Rating has the meaning given in clause 5(a).
Carrier Eligibility Requirements means the requirements set out in Schedule 1, as amended by Tipaload from time to time by written notice to Carrier.
Carrier Status means the feature within the App that allows Carrier to set their availability as either Online or Offline.
Feedback has the meaning given in clause 10.2(a).
Force Majeure Event means an event or cause beyond the reasonable control of the party claiming force majeure. It includes each of the following, to the extent it is beyond the reasonable control of that party:
a) act of God, lightning, storm, flood, fire, earthquake or explosion;
b) strike, lockout or other labour difficulty;
c) act of public enemy, war (declared or undeclared), terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic;
d) the effect of any applicable laws, orders, rules or regulations of any government or other competent authority;
e) embargo, power or water shortage, lack of transportation, lack of public or private telecommunications networks; and
f) breakage or accident or other damage to machinery.
Goods has the meaning given in clause 1(a)(ii).
Governmental Agency means any government or any governmental, semi-governmental or judicial entity or authority. It also includes any self-regulatory organisation established under statute or any stock exchange.
Insolvency Event means where:
a) a party ceases, suspends or threatens to cease or suspend the conduct of all or a substantial part of its business or disposes of or threatens to dispose of a substantial part of its assets;
b) a party becomes unable to pay its debts when they fall due, or stops or suspends or threatens to stop or suspend payment of all or a class of its debts;
c) a party becomes or is (including under legislation) deemed or presumed to be insolvent;
d) a party has a receiver, manager, administrator, administrative receiver or similar officer appointed in respect of it or the whole or any part of its assets or business;
e) any composition or arrangement is made with any one or more classes of its creditors;
f) except for the purpose of solvent amalgamation or reconstruction, an order, application or resolution is made, proposed or passed for its winding up, dissolution, administration or liquidation;
g) a party enters into liquidation whether compulsorily or voluntarily; or
h) any analogous or comparable event takes place in any jurisdiction.
Tipaload Onboarding Process means the process undertaken by Carrier to become familiar with the Services, the terms of this Agreement and any other guidelines, terms, policies or rules which are applicable to Carrier.
Intellectual Property Rights means all industrial and intellectual property rights of any kind including but not limited to copyright (including rights in computer software), trade mark, service mark, design, patent, trade secret, semi-conductor or circuit layout rights, trade, business, domain or company names, moral rights, rights in Confidential Information, know how or other proprietary rights (whether or not any of these are registered and including any application, or right to apply, for registration) and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world.
Invoice has the meaning given in clause 4.4(g).
Job has the meaning given in clause 4.2(g).
Job Calculation has the meaning given in clause 4.4(d).
Job Change has the meaning given in clause 4.3(h).
Job Request means a request by a Shipper to transport Goods which has been matched with Carrier, and which can be quoted on, accepted or declined by Carrier using the App.
Law means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles, requirements and determinations, mandatory codes of conduct, writs, orders, injunctions and judgments.
Liability Cap means the amount equal to the fees paid to Carrier in the preceding six month period from the time the event occurred that gave rise to the Claim.
Loss means any loss, liability, Claim, damage, cost, charge, expense or diminution in value, however arising, and whether present or future, fixed or unascertained, actual or contingent.
Offline means Carrier is not available to accept any Job Requests.
Onboarding Fee means the fee paid by Carrier to Tipaload in accordance with clause 7.1(c), in the amount notified by Tipaload to Carrier, as notified by Tipaload to Carrier from time to time.
Online means Carrier is available to accept Job Requests.
Permitted Dispute Period means the period of time in which a Shipper may dispute the Job Calculation, as notified by Tipaload to Carrier and Shipper from time to time.
Permitted Timeframe means the period of time in which Carrier may accept or decline a Job Request once it has been notified to Carrier, as notified by Tipaload to Carrier from time to time.
Personal Information means “personal information” as defined in the Privacy Act that either party has collected, received or otherwise has access to in connection with this Agreement.
Personnel means in respect of a person any employee, contractor, servant, agent, or other person under the person’s direct or indirect control and includes any sub-contractors.
Privacy Act means the Privacy Act 1988 (Cth).
Privacy Policy means the privacy policy of Tipaload available at www.tipaload.com.au as amended from time to time.
Proof of Delivery means the proof of delivery document signed by the Receiver or the Shipper. For the avoidance of doubt, this proof of delivery document includes an electronic version of the document signed by the Receiver or the Shipper on the Device.
Receiver has the meaning set out in clause 4.4(a).
Regulatory Event means:
a) an amendment, repeal or change in Law, the enactment of a new Law, or a change in the interpretation or application of a Law (including Privacy Laws); or
b) a direction, notice or order of a Governmental Agency which is binding on Tipaload or Carrier.
Related Body Corporate has the meaning given in the Corporations Act 2001 (Cth).
Shipper has the meaning given in clause 1(a)(ii).
Shipper Rating has the meaning given in clause 5(b).
Service Fee means the amount calculated as a fixed percentage of the amount of the Job Calculation exclusive of GST, or the GST-exclusive amount charged for the Cancellation Fee (as applicable). The Service Fee is charged to the Shipper and is in addition to the Job Calculation. For clarity, the Carrier has no recourse to the Service Fee for any reason whatsoever.
Service Records means the records or other documents which set out the servicing history of the Truck.
Shipper means Shipper.
Tax includes any tax, levy, impost, deduction, charge, rate, duty, compulsory loan or withholding that is levied or imposed by a Governmental Agency, and any related interest, penalty, charge, fee or other amount.
Term means the period described in clause 19.
Third Party Content has the meaning given in clause 11.
Transportation Services means the on-demand transportation of Goods by Carrier for Shipper (including, if applicable, the loading and unloading of the Goods under the instruction of the Shipper or the Receiver).
Truck means any vehicle registered to a Carrier Account by Carrier, and which meets the Truck Eligibility Requirements.
Truck Eligibility Requirements means the requirements set out in Schedule 2 as amended by Tipaload from time to time by written notice to Carrier.
Update means any update or upgrade to the App issued by Tipaload from time to time.
User Content means any and all information, data and other content that a Carrier or Shipper submits to, or uses with, the App or Services.
34.2. Interpretation
The following rules apply unless the context requires otherwise:
a) headings are for convenience only and do not affect interpretation;
b) the singular includes the plural, and the converse also applies;
c) nothing in this Agreement is to be interpreted against a party solely on the ground that the party put forward this Agreement or a relevant part of it;
d) if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
e) a reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity;
f) a reference to a clause or Schedule is a reference to a clause of, or Schedule to, this Agreement;
g) a reference to an agreement or document (including a reference to this Agreement) is to the agreement or document as amended, supplemented, novated or replaced, except to the extent prohibited by this Agreement or that other agreement or document;
h) a reference to a party to this Agreement or another agreement or document includes the party’s successors, permitted substitutes and permitted assigns (and, where applicable, the party’s legal personal representatives);
i) a reference to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it;
j) a reference to writing includes any method of representing or reproducing words, figures, drawings or symbols in visible or tangible form;
k) a reference to conduct includes an omission, statement or undertaking, whether or not in writing;
l) a reference to an agreement includes any undertaking, deed, agreement and legally enforceable arrangement, whether or not in writing, and a reference to a document includes an agreement (as so defined) in writing and any certificate, notice, instrument and document of any kind;
m) mentioning anything after includes, including, for example, or similar expressions, does not limit what else might be included;
n) a reference to dollars and $ is to Australian currency or such other currency set out in the relevant Order; and
o) a month means a calendar month.
Schedule 1 - Carrier Eligibility Requirements
The Carrier Eligibility Requirements are:
a) LICENCE: Carrier must hold and carry the licence type required to operate each and every truck type and truck size registered in the Carrier Account and provide Tipaload with a valid copy of such Carrier’s licence;
b) LICENCE CHECK: Carrier must provide Tipaload with the authority required to carry out checks of their licensed status with the relevant authorities (such as NSW Road and Maritime Services);
c) POLICE CHECK: If requested by Tipaload, Carrier must provide a current police check to Tipaload and provide any further police checks as instructed. These police checks must be provided at Carrier’s own cost and expense.
d) MEDICAL CERTIFICATE: Carrier must be medically fit and able to operate a vehicle in accordance with any applicable Laws and in the reasonable opinion of Tipaload. Carrier must provide, at their own cost and expense, a current medical report produced for the purpose of demonstrating that they meet the medical requirements under any applicable Laws;
e) REGISTERED FOR GST: Carrier must be registered for GST and must give written notice to Tipaload of Carrier’s ABN. Carrier must also give written notice to Tipaload if Carrier ceases to be registered for GST;
f) PERSONAL DETAILS: Carrier must provide personal details to Tipaload including name, address, business details, email address, bank information and any other information that may be reasonably requested by Tipaload from time to time; and
g) SKILL: Carrier must be able to demonstrate that Carrier has the required skill to carry out Transportation Services, which includes demonstrating Carrier holds the appropriate licences, accreditation or certification required to operate the Truck registered to Carrier’s account.
h) PPE: Carrier must carry a minimum of gloves, hardhat and high visual shirt as personal protective equipment with them at all times.
Schedule 2 - Truck Eligibility Requirements
The Truck Eligibility Requirements are:
a) SERVICE RECORDS AND VEHICLE SAFETY CHECKS: Each Truck must be, and must be maintained in, good working condition and order at all times. At a minimum a Truck must be serviced in accordance with the relevant Laws. If requested, Carrier must provide Service Records for each Truck registered or proposed to be registered to Carrier’s Carrier Account and must permit Tipaload or its Personnel to carry out safety inspections of each Truck, including at the time of registration to confirm that Truck matches the Truck described in the registration and Service Records. The cost and expense of a Truck safety inspection may be charged back to the Carrier, at Tipaload’s sole discretion and either wholly or partially.
b) SPECIFIC TRUCK REQUIREMENTS: Each Truck must meet the specific requirements for its truck type classification:
i. VANS: Any Truck classified as a van must be a cargo carrying van and must have a fitted cargo barrier.
ii. UTES: Any Truck classified as a utility vehicle must be capable of carrying a minimum of two pallets and must be capable of carrying a payload of 800kg or more.
iii. CURTAINSIDERS: Any Truck classified as a curtainsider must have a functional curtain free of tears and wears, with fitted straps and ratchets.
iv. CRANE TRUCK: Any Truck classified as a crane truck must have a fully operational and well maintained crane compliant with all applicable Laws to ensure safe operation when in use.
c) INSURANCE REQUIREMENTS: Each Truck must have a minimum of $5,000 load insurance, $20,000,000 of third party liability insurance and any other insurance required by applicable Laws. On request by Tipaload, Carrier must produce a certificate of currency provided by the insurer. Carrier acknowledges that it may be required to inform its insurers of the provision of Transportation Services and Carrier will ensure that the insurance policy provides adequate coverage for such Transportation Services.
d) EQUIPMENT REQUIREMENTS: Each Truck must contain sufficient equipment that a reasonable person would expect to have on board a Truck to be able to move the types of goods that may be reasonably matched to a Truck of its classification and size, as evidenced by a visual inspection of the equipment by Tipaload or its Personnel as part of the Truck safety inspection. At a minimum (and without limiting the foregoing):
i. each Truck must have a mounted hands free, which must not inhibit Carrier’s vision;
ii. each Truck must at all times have a mobile phone power bank or charger;
iii. each Truck classified as a ute, pantech, flatbed, crane truck, or curtainsider must carry a sufficient number of 2.5 tonne graded restraints and ratchets in their trucks for the size of the Truck and the types of goods that the Truck may be reasonably requested to move. All trucks must have a minimum of two 2.5 tonne graded restraints per pallet that can be moved by a Truck of its size;
iv. each Truck classified as a van must carry a sufficient number of rated tie downs for the types of goods that the Truck may be reasonably requested to move;
v. any Truck classified as a flatbed or crane Truck must carry a sufficient number of hardwood gluts on board the Truck at all times that would reasonably be expected for a truck of its size;
vi. any Truck classified as a flatbed or a crane truck must have either gates or side pins fitted on the Truck;
vii. any Truck classified as a pantech or curtainsider that nominates that it has a tail lift must maintain and ensure that the tail lift is fully operational;
viii. any Truck classified as a pantech or van must carry a reasonable number of moving blankets on board;
ix. any Truck classified as a van, utility vehicle or pantech must carry hand held trolleys on board; and
x. any Truck that lists its equipment as side pins must have a locking mechanism on board such as a tractor clip or bolt.
e) Carrier must ensure that each Truck maintains and carries appropriate equipment on board the Truck at all times for the purposes of moving the types of goods that may fit into a Truck of its classification.