TERMS AND CONDITIONS – CARRIER
Last Updated: August 17th, 2018
1. CONTRACTUAL RELATIONSHIP
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Sameday.. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Sameday may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Sameday may amend the Terms related to the Services from time to time. Amendments will be effective upon Sameday’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2. By providing Services as a carrier on the Sameday Platform, you represent, warrant, and agree that:
- You possess a valid carrier’s license and are authorized and medically fit to operate a motor carrier and have all appropriate licenses, approvals and authority to provide interstate, and intrastate transportation of motor vehicles.
- You own, or have the legal right to operate, the motor carrier you use when providing Services, and such carrier is in good operating condition and meets the industry safety standards and all applicable statutory federal and state department of motor carrier requirements for a carrier of its kind.
- You will only provide Services using the carrier that has been reported to Sameday,
- You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the carrier you use to provide Services.
- You will be solely responsible for any and all liability that results from or is alleged as a result of your provision of Services, including, but not limited to personal injuries, death and property damages (however, this provision shall not limit the scope of Sameday’s insurance policies).
- In the event of a motor carrier accident you will be solely responsible for compliance with any applicable statutory or department of motor carriers requirements, for reporting the accident to Sameday and your insurer in a timely manner, and for all necessary contacts with your insurance carrier.
- You will comply with all applicable laws, rules and regulations while providing Services, and you will be solely responsible for any violations of such provisions.
- You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
- You will not make any misrepresentation regarding Sameday, the Sameday Platform, the Services or your status as a carrier, or, while providing the Services, or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
- You will not attempt to defraud Sameday or our customers in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may cancel your account.
- You will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
- You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.