Loadfill Limited: Terms and Conditions 


    • ABOUT THIS DOCUMENT

This document sets out all of the important rights and responsibilities for both:

•    US/WE – Loadfill Limited, and 

•    YOU the member or visitor of our site www.loadfill.com

We are required to give you certain key information by law, and you should keep a copy for reference.

Loadfill is an online marketplace to enable users to match the delivery and collection of goods with transport provider users, to establish a contract.  


  1. OUR INFORMATION 

www.loadfill.com is a site operated by Loadfill Limited ("we" or "us"), a company which is registered in England and Wales under company number 13000517. Our registered office is New Victoria Mills, Wellington Street, Bury, BL8 2AL. You can email us at: support@loadfill.com.

You may access most areas of the Site without the need for Registration in which case only the General Conditions will apply to you. Certain areas of the Site are only open to you if you are a Member and if you decide to register as a Member you will be asked to confirm expressly that you have read and accept the Supplemental Conditions as well as the General Conditions.

The Conditions (as defined below) apply to the access to and use of the Site, and any correspondence by e-mail between you and us. Please read these terms carefully before using the site. Using the Site indicates that you accept the General Conditions regardless of whether or not you choose to become a Member. If you do not accept the General Conditions, do not use the Site.

We may revise the Conditions at any time by updating this document. You should check the Site periodically to review the current version of the Conditions because they are binding on you. 

Any rights not expressly granted in these terms are reserved.


    • General Conditions


    • DEFINITIONS

“Courier” means a member who has submitted a quotation/bid  in respect of the transportation of a Job;

"Conditions" means all conditions applicable to a person accessing the Site in connection with his use of the Site (i.e. for a mere visitor, the General Conditions alone, and for a Member, the General Conditions and the Supplementary Conditions);

“Shipper" means a registered business or individual who has posted a Job on the Site;

"Load" means the job/transportation request posted by the Shipper on the Site;

"Member" means a business or individual that has Registered (and "Membership" means the status of being a Member);

"Registration" or "Register" means registering via the platform and having agreed to the  Terms and Conditions;

"Site" means www.loadfil.com’; and

"Transaction/contract” means the agreement entered into between the Courier and the Shipper for the fulfilment of a Job.


    • OUR SERVICES 

  1. We do not function as a transportation service provider, freight forwarder, broker, or any intermediary. Our platform serves as a neutral space where members can connect and discuss contracts. We have no involvement in the contracts made and do not control the quality, safety, or legal aspects of the jobs or transactions conducted through our site.

  2. If you are a registered Courier you hereby agree that the Site is for transportation-related services only and that work that you provide will only involve your services. 

  3. Selecting a suitable courier member for the job is the responsibility and free choice of shippers. It is the responsibility of both parties to negotiate the terms of the contract, apart from the payment terms which are stipulated in this document.

  4. Where expressly stated otherwise in the Conditions, and only to the extent so stated, no provision of the Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 and the Conditions do not give rise to any legal contracts, liabilities, obligations, claims or other benefits or protection between Members or in favour of third parties. Your contract in connection with a match on the site will be with the other Member and, as a result, we can give no commitments of any nature about the other Member or the Job, whether as to quality, quantity, delivery or price.

  5. We assume no responsibility for claims made by Couriers concerning their licenses, insurance, registration, membership or trade association or indeed any other claim made at any point during the negotiating process. We operate purely as a neutral venue for matching based on geographical location. 


    • GENERAL

  1. Unless otherwise specified, the Site is directed solely at those who access it from the United Kingdom. Should you choose to access the Site from locations outside the United Kingdom then you will be responsible for compliance with local laws if and to the extent local laws are applicable.

  2. You warrant that it is legal for you to view the Site in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using its contents.

  3. A failure or delay in enforcing compliance with one or more provisions of these Conditions shall not constitute a waiver of any other provision of these Conditions.

  4. No provision of the Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.

  5. If any provisions of the Conditions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

  6. The Conditions constitute the entire agreement between ourselves as to your use of the Site and shall supersede any prior agreement or representation in respect thereof.

  7. All notices to be given by either one of us to the other under or in connection with the Conditions shall be deemed sufficiently given when forwarded by e-mail transmission addressed to you at any e-mail address you have given us or to us at the e-mail address displayed at the start of these General Conditions.

  8. The Conditions are governed by the laws of England Scotland and Wales and you agree to submit to the exclusive jurisdiction of the English courts.

    •  USE OF LOADFILL TM 

  1. You agree that you shall not use the word "Loadfill” or any variant that includes the word. ‘Loadfill’ is a registered trademark of Loadfill Limited and action may be brought against you. 




    • SITE ACCESS 

  1. Although we strive to maintain 24/7 availability of the site, we cannot be held liable if, for any reason, it becomes unavailable at any time or for any duration.

  2. Temporary suspension of access to the site, without prior notice, may occur due to system failures, maintenance, repair, or reasons beyond our control.

    • CONTENT


  1. While we strive to maintain accuracy, we are not accountable for the completeness or accuracy of material posted on the Site. We reserve the right to make changes to the material without notice. Material on the Site may become outdated, and we do not commit to updating it.


  1. The content on the Site is provided "as is," and we do not offer any warranties regarding its accuracy or completeness.


  1. Posting or transmitting any material that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, racially divisive, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence or privacy, or may cause annoyance or inconvenience is prohibited. Additionally, material that you have not obtained necessary licenses or approvals for, material that encourages criminal conduct, or civil liability, is unlawful, or infringes on the rights of any third party, worldwide, is prohibited. Technical threats such as computer viruses, logic bombs, Trojan horses, worms, or other harmful components are also prohibited.


  1. Misuse of the Site, including hacking, is prohibited.


  1. We will fully cooperate with law enforcement authorities or court orders requesting or directing us to disclose the identity or locate anyone posting material in breach of these terms.

    • LICENSE

  1. You are authorised to view, print, and download excerpts from the Site for your personal use, under the condition that:

  • No documents or related graphics on the Site are altered in any manner.

  • Graphics on the Site are not used independently from the accompanying text.

  • Our copyright notices and this permission notice are included in all reproductions.

  1. Unless expressly stated otherwise, we or our licensors own the copyright and other intellectual property rights to all material on the Site, including but not limited to photographs and graphical images.

  2. Without our prior written consent, no portion of the Site may be reproduced or stored on any other website or included in any public or private electronic retrieval system or service.


    • DISCLAIMER

  1. We hereby exclude, to the extent permitted by law:

  2. All implied conditions, warranties, and other terms that might arise from statute, common law, or equity.

  3. Any liability for direct, indirect, or consequential loss or damage incurred by any person in connection with the Site, including but not limited to loss of income, revenue, business, profits, contracts, anticipated savings, data, goodwill, wasted management or office time, or any other type of loss or damage, regardless of how it arises and whether it is caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

  1. This exclusion does not affect our liability for:

  • Death or personal injury arising from our negligence.

  • Fraudulent misrepresentation or misrepresentation as to a fundamental matter.

  • Any other liability that cannot be excluded or limited under applicable law.


    • LINKS TO AND FROM OTHER WEBSITES

  1. Links to third-party websites provided on this Site are solely for your convenience. By using these links, you exit our Site. We have not examined all of these third-party websites, and we do not regulate or bear responsibility for their content or availability. Consequently, we neither endorse nor make representations about them, their content, or any consequences of utilising them. Should you choose to visit any of the third-party websites linked to our Site, you do so entirely at your own risk.


  1. If you wish to establish a link to our Site, you may only do so under the following conditions:

  • You link to the homepage of our Site without replicating it.

  • You refrain from altering the size or appearance of any logos used by us on the Site.

  • You refrain from creating a frame or any other browser or border environment around our Site.

  • You do not suggest that we endorse any products or services other than our own.

  • You accurately represent your relationship with us and refrain from presenting any false information about it.

  • You obtain our express written permission before using any Loadfill trademarks displayed on the Site.

  • You do not link from a website that you do not own.

  • Your website does not contain content that we, in our sole discretion, deem to be distasteful, offensive, or controversial, that infringes upon any intellectual property rights or other rights of any other person, or that otherwise fails to comply with all applicable laws and regulations.



    • Supplemental conditions


    • REGISTRATION


  1. All members must agree to our Terms and Conditions before registration. Both ‘Carriers’ and ‘Senders’ must register before they can post or bid on the site. 

  2. Loadfill Ltd is not a party to the contract and therefore has no liability in that respect. We offer a communication platform to facilitate contracts between registered members. The resulting legal contract is between the members and we are not responsible for any action or default on the part of the members including but not limited to, loss or damage in contract or tort, negligence, breach of statutory duty, consequential or indirect losses or damage, legal fees, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, however arising from.

  3. To register as a Courier with Loadfill you must be a Limited company (within the United Kingdom). We do not accept individuals or sole traders to register as Couriers. At registration we will request information about your legal company status, licences and capability that we will share with members, however, Loadfill Ltd has no liability with regard to any information provided. 

  4. Only those in a position to form legally binding contracts under English law may Register. Registration is not open to persons aged under 18 or to any persons whose Membership has been suspended or terminated. As a Courier, you are Registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

  5. Each registration is intended for individual use only. Sharing your username and password with others or using them for multiple users is not allowed. Additionally, transferring your membership to a third party is prohibited.


    • UNLAWFUL TRANSACTIONS

  1. Members shall not use the Site for unlawful activities. Any Job or aspect of a contract carried out, or sought to be carried out unlawfully, by either Courier or Shipper, is prohibited.

  2. Certain Transactions may be governed by statutory or other regulations and cannot therefore be negotiated freely. It is for the Members to identify and adhere to such regulations.


    • TRANSPORTATION

  1. The posting of Jobs for the transportation of certain items is prohibited or restricted. These include hazardous or dangerous goods. Additionally, certain items do not generally pose a danger to health, safety, or property while being transported but are regulated or banned for public policy reasons from being transported. 

  2. Full responsibility for compliance with all laws and regulations that relate to the transportation of hazardous and restricted goods rests with the parties to the Transaction. Anyone who sends, or causes to be sent, a prohibited or restricted item or improperly packaged hazardous material may be subject to severe regulatory, or indeed criminal penalties.

  3. In order to assist Members we provide distance calculations and driving directions (or links to 3rd party driving directions) as part of our service (the "Directions"). However, the Directions should be used as a guide only and you should always drive following national rules, regulations, and highway codes. The Directions may not take into consideration issues such as road closures, direction of traffic, one-way systems, emergency access roads, height regulations, road conditions or restrictions on manoeuvrability. No representation is made, or warranty given as to the content or usability of the Directions or their appropriateness for any particular journey or vehicle. We assume no responsibility for any loss, damage, or delay resulting from the use of these Directions. However, if you do find an error or omission, please let us know so we can notify the relevant persons to enable them to correct the error or omission and improve the service. We recommend that you verify any pickup and delivery information that we provide with the other party to the Transaction.




    •  INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

  1. Any information about you that we process will be processed under our privacy policy. By using the Site you consent to such processing.


  1. Each member holds entire responsibility for the protection of their membership login and account details, no exceptions will be made for misuse of the account due to the security measures that are in place when registering on our platform, you must not share your account details with any other person, you will be responsible for the completion of any transaction on your account. 

    • TERMINATION

  1. We reserve the right, at our sole discretion, to limit your access to the Site and/or decline correspondence with you without prior notice in the following circumstances:

  • If there is a regulatory or statutory change that restricts our ability to provide access to the Site.

  • If any event beyond our reasonable control prevents us from providing access to the Site (such as, but not limited to, technical issues, capacity constraints, and communication failures).

  • If we believe that you are misusing the Site or otherwise violating the terms and conditions.

    • FEES

  1. Loadfill is free to join either as a courier or shipper and it is free to post loads or bid. We charge a success fee (the "Fee") to couriers who have secured a Job. A Job will be considered to be secured if after quoting, messaging or contacting the Shipper via the Site and Courier is paid. This payment is held by a third party until the contract is fulfilled. 

  2. When you become a Member you will be allocated an account into which payments will be paid and from which Fees (in each case as defined hereafter) will be deducted by us. 

  3. The Fee is a flat fee charged on all loads . 

  4. The incurring of the Fee is independent of the actual performance of the Load. The obligation to pay the Fee therefore still applies if a Load is placed via the Site but is not subsequently carried out and/or the Transaction is later terminated. We may waive our right to receive the Fee as a gesture of goodwill; however, the grant of any such waiver is entirely within our discretion and if so granted is always without accepting any legal obligation to do so.

  5. As a Sender, when you accept a bid/quote, you will pay the full amount of the contract (including the Fee) which is held by a third party but will show as pending in the Courier’s Account which is immediately transferred to the courier on confirmation of the fulfilment of the contract by both the Shipper and the Courier via the site. 

  6. If confirmation is not made by one or both parties the money will transfer automatically to the Courier's account 7 days after the stated completion date. During this time if a complaint is raised the monies will be held until the complaint has been concluded. See Raising a Complaint. 

  7. After confirmation that the contract has been concluded, automated invoices will be raised. One invoice from the Courier to the shipper for the fulfilment of the job and one from Loadfill to the Shipper covering the Fee. 

  8. If you are a Courier you are responsible for collecting and remitting any VAT associated with a Transaction/Contract. Your quote amount for the Job is exclusive of VAT. If the courier is VAT registered the VAT will clearly be shown in the bid.

  9. We retain the right to modify or adjust the method for calculating the fee at our discretion. Additionally, we may temporarily alter or suspend the fee for promotional periods. Any such modifications will be outlined on the Site.


    • CANCELLATIONs and disputes

This contract is for transport of goods, and therefore, if you are a consumer, you have no statutory cancellation rights under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

We do, however, allow you to cancel the contract under the below conditions:

  1. If a Courier or Shipper cancels a job after their quote/bid has been accepted but before any work has commenced, the Shipper has the option to submit a "Cancellation Request," and the payment will be refunded directly to the funding payment method used. A cancellation request must be submitted within 28 days of quote acceptance; requests made after this time will not be valid.

  2. Refunds will be made within 14 days of the "Cancellation Request" being accepted. Refunds can only be sent to the same source from which the funds originated.

  3. Once a successful quote/bid has been accepted, Shippers and Couriers will engage in direct negotiation to discuss practical arrangements. Either party can initiate a Cancellation Request, but it should only be done after all reasonable attempts to find a resolution have been exhausted and it is concluded that the contract cannot be fulfilled. You may not submit a Cancellation Request until at least 7 days after the date on which the quote/bid was originally accepted. Upon submitting a Cancellation Request, the other party involved in the proposed transaction will be notified and given 72 hours to respond by either:

  4. Accepting the Cancellation Request along with the reason provided; or

  5. Rejecting the Cancellation Request and requesting review by Loadfill.

  1. If your Cancellation Request is accepted by the other party the accepted quote/bid can be retracted and the Job can either be relisted or deleted. If the request is rejected by the other party, then it is sent to us for review and a decision will be made on whether to approve or not to approve the Cancellation Request. Once we have given our verdict on whether to approve the Cancellation Request we will not enter into any further correspondence - our decision is final.

  2. If the other party does not respond within the 72-hour grace period, your Cancellation Request and reason will automatically be accepted. 

  3. All cancellation requests and disputes should be made to support@loafill.com. 

  4. We consider the misuse of the Cancellation Request process to be a serious matter. Misuse encompasses actions such as providing false or exaggerated reasons, attempting to retract accepted quotes/bids, or collaborating with other members to exploit the system. If a member is found or suspected of abusing the process, their Cancellation Request will be automatically denied. Furthermore, their membership may be revoked without prior notice, and they may be subject to additional fees.


    • FEEDBACK

  1. Whilst Loadfill Ltd is unable to conduct any due diligence on our Members, we do enable members (both Shippers and Couriers) to provide feedback evaluations on each other's performance in the course of the Transaction including but not limited to the performance of the Job (or, as the case may be, their failure to enter into a Transaction and/or perform the Job). The feedback and scores seek to provide Members with guidance on the skills and/or reliability of other Members before quoting/bidding or, in the case of Shippers accepting a quote/bid from a courier.

  2. The feedback process involves leaving a rating along with a short comment about the performance of the Member. There are five feedback scores that you can give: 1 being poor to 5 being best. A Member's overall feedback score is the average score of the ratings that they have received.

  3. You accept that by posting a Job or by quoting/bidding on a Job it is probable that another Member will leave feedback about you, and you acknowledge that your feedback consists solely of comments left by other Members. You agree that you will not use any feedback received on the Site on any venue or website that is not the Site. Do always use common sense and respect when leaving feedback on another Member as unwarranted, potentially libellous feedback could result in legal claims being made against you. We do not censor feedback or investigate it for accuracy, and you acknowledge that we are not legally responsible for any feedback that is left.

  4. Any use of profanity, libellous behaviour, illegal activity, or any other form of abuse of the feedback function or any other part of the Site may result in a ban from further use of the Site and, if applicable, being reported to any relevant authorities.


    • NO AGENCY

  1. Nothing within these terms shall establish or be construed to establish any joint venture, agency, or partnership relationship between us and any members. Members are prohibited from representing themselves in a manner that implies such a relationship with us.

    • RAISING A COMPLAINT 

  1. Whether as part of a ‘cancellation request’ or for any other reason any members have the right to raise a complaint with Loadfill Limited. Complaints must be raised via support@loadfill.com and we will respond to your complaint within 72 hours of receipt.  We will review the details and conclude on the best action this may be in the form of a Cancellation Request we will not enter into any further correspondence - our decision is final.


    • INFORMATION YOU PROVIDE

  1. You bear full responsibility for the accuracy, legality, and truthfulness of the information you supply to us and/or other members during the registration, shipping, or transportation process (referred to as "Information"). This includes any content posted on the site. The Information must be authentic, lawful, precise, and without fraudulence.

  2. Except for personally identifiable information, which is governed by our Privacy Policy (accessible via the link www.Loadfill.com/privacy/), any Information shall be considered non-confidential and non-proprietary. We assume no obligations regarding such material. We reserve the right to copy, disclose, distribute, incorporate, and utilize the Information, along with all data, images, sounds, text, and other components, for both commercial and non-commercial purposes.

  3. You pledge to exercise common sense and good judgment when providing or posting any Information. We expect all members to adhere to netiquette principles and engage in respectful communication with one another.


    • REJECTION OR REMOVAL OF MEMBERS

  1. We retain the right to decline your registration or terminate your membership at any time, with or without cause, and without prior notice to you.


  1. We reserve the right to inform other members of any actions we consider serious, at our sole discretion, which have resulted in the termination of your membership.


  1. If you are removed or rejected, you have the option to appeal for reinstatement. Your appeal must include a written statement explaining why you should be reinstated, along with your contact details, and should be sent to support@loadfill.com . We may review your appeal at our discretion, and any decision regarding your reinstatement will be made solely by us. Submitting an appeal does not guarantee reinstatement. We will notify you of our decision regarding reinstatement, without obligation to provide reasoning. Our decisions are final.


    • CONFIDENTIALITY/NON-DISCLOSURE

    • Throughout your membership, you may be exposed to or become aware of our documents, business practices, object code, source code, management styles, day-to-day operations, capabilities, systems, present and future strategies, marketing and financial information, software, technologies, processes, procedures, methods, applications, or other aspects of our business. You acknowledge that all such information is confidential and constitutes our exclusive intellectual property. Any disclosure of this information to a third party, including a direct competitor, is strictly forbidden. These confidentiality obligations will remain in effect even after the termination of this agreement.

    • NO CONVICTIONS

  1. As a courier member, you affirm that you, and any individuals associated with you who will participate in a transaction, have not been convicted of any crime related to the shipping, transportation, or haulage industry. Additionally, you guarantee that there are currently no legal proceedings filed against you that would impede your ability to fulfil a contract to which you are a party or your obligations under the contract.