Sorted Ship – Specific terms
1. Relationship with carriers
1.1 A request for Carrier Services constitutes an irrevocable authority for Sorted to take such steps as are reasonably necessary to procure the requested Carrier Services for the Customer, including taking steps which will contractually bind the Customer to procure such Carrier Services from the Carrier.
1.2 Notwithstanding paragraph 1.1, the Customer acknowledges that any engagement of a Carrier to perform Carrier Services shall take effect as a direct contractual relationship between itself and the Carrier subject to the Carrier’s standard terms (or such other terms as the Customer may have agreed with the Carrier) and that Sorted shall not be a party to that contract nor be responsible in any way for the performance, purported performance, non-performance, acts or omissions of the Carrier. Sorted has no responsibility for the provision, management or delivery of the Carrier Services.
1.3 Sorted cannot guarantee that any request for Carrier Services will be accepted by a Carrier. No request for Carrier Services will be binding unless and until the Customer has placed an order for such Carrier Services via the Platform and been notified that the order has been accepted by a Carrier.
1.4 If Sorted receives a request from a Carrier to cease offering some or all of its Carrier Services to the Customer or reasonably believes the continued offering of a particular Carrier’s Carrier Services to the Customer may damage Sorted’s relationship with that Carrier then Sorted may remove or restrict the ability of the Customer to place requests for Carrier Services with that Carrier via the Platform. Where permitted Sorted shall notify the Customer of the reason(s) for the removal or restriction and shall re-enable the ability to request such Carrier Services once the issue is resolved. Sorted will only support published Carrier Services.
1.5 Any amounts due to Carriers in respect of Carrier Services shall be invoiced directly by the relevant Carriers and shall be payable by the Customer directly to the Carrier (or such other party as the Carrier may nominate) pursuant to any applicable terms. Sorted shall not be responsible for passing any such payments on to Carriers and accordingly such amounts shall not be paid to Sorted.
1.6 Sorted shall not be required to become involved in any disputes which arise between the Customer and a Carrier. If Sorted does become involved in such a dispute, the Customer shall indemnify and hold Sorted harmless from and against all costs (including legal costs on a full indemnity basis), expenses, claims, damages, liabilities, loss and demands relating to or arising from or in connection with such involvement.
1.7 Sorted does not provide advice services and the inclusion of the ability to procure Carrier Services from a particular Carrier via the Platform or any other reference to a particular Carrier shall not be taken as a recommendation of that Carrier by Sorted nor a representation or warranty that such Carrier will be able to perform the Carrier Services in a compliant manner (or at all).
1.8 Unless otherwise stated any information about a Carrier which is provided via the Platform or otherwise is obtained by Sorted from the Carrier or a third party source and Sorted does not warrant or represent that such information is accurate or appropriate for the Customer’s purposes.
2. Scope of subscription and usage restrictions
2.1 The Platform can be accessed from any location, but must only be used in respect of collections to be made from a Shipping Location.
2.2 The Platform can only be used to procure Carrier Services from Carriers listed in the Order Form.
2.3 Additional Shipping Locations or Carriers may be added (or existing Shipping Locations or Carriers removed) subject to Sorted’s consent, not to be unreasonably withheld or delayed. Any professional Services required to implement such changes shall be ordered through an Order Form with accompanying Statement of Work where appropriate and will incur additional charges as set out in the Order Form and/or Statement of Work. In the event of a material increase in the work required to implement such changes due to Carriers not providing the required information, Sorted may raise additional charges on the Customer to cover such additional work. It shall be the Customer’s responsibility to assist Sorted in obtaining such information from Carriers if requested.
2.4 The range of Carriers available via the Platform may change from time to time. If:
2.4.1 a new Carrier becomes available from the Sorted.Ship library, the Customer may request that such Carrier, and associated Carrier services, be added to its Subscription at the current list price for such Carrier and required services; or
2.4.2 a Carrier forming part of the Customer’s Subscription ceases to be available then Sorted shall give the Customer as much notice of such change as reasonably practicable and the Carrier shall cease to form part of the Customer’s Subscription from the date of its removal from the Platform.
2.5 Any failure by the Customer to abide by usage restrictions set out in the Order Form (whether in respect of the Shipping Locations or otherwise) shall be deemed a material breach of the Subscription Contract.
3. Acceptable use policy
3.1 The current Acceptable Use Policy for the Platform follows these terms.
3.2 The Fees are calculated on the basis that the Customer will utilise the Platform in accordance with the Acceptable Use Policy. If the Customer’s use of the Platform exceeds the limitation set out in the paragraph 7 of the Acceptable Use Policy then Sorted reserves the right to make an additional charge to reflect reasonable additional costs incurred as a result of such excess use.
Sorted Ship Acceptable use policy
1. This Acceptable Use Policy has been designed to protect the Platform and to ensure that it remains functional, accessible and secure for all clients and their users. It is a requirement of this Acceptable Use Policy that it is strictly complied with, both in letter and in spirit. In the event that you are unsure as to whether any particular use of the Platform is permitted, please contact us for clarification.
2. This Acceptable Use Policy applies to all users of the Platform. A reference in this Acceptable Use Policy to “you” is to any User.
3. You must use the Platform in accordance with this Acceptable Use Policy and the Subscription Contract, and in good faith and in the manner in which is intended. You must also read the Documentation and ensure that you use the Platform in accordance with it and let us know if you become aware of anything which concerns you regarding the Platform, including any security issues or any breach or potential breach of our Contract or this Acceptable Use Policy by you or any other party.
4. You must not use the Platform in a manner that breaches any applicable local, national or international law or regulation, may damage Sorted’s reputation, that of the Platform, or the reputation of any client or User and/or is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
5. You may not use the Platform for the following purposes:
5.1.1 is inaccurate or expresses an opinion which is not genuinely held or is likely to deceive any person;
5.1.2 contains any material which is defamatory or derogatory of any person or is obscene, offensive, hateful or inflammatory;
5.1.3 Promotes sexually explicit material, violence, any illegal activity or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
5.1.4 infringes the Intellectual property Rights or other rights of any person or is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; and/or
5.1.5 advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse; and
5.2 harming or attempting to harm any individual, company or other body in any way; and
5.3 accessing any computer, system, data or network in an unauthorised manner.
6. You must not use automated scripts to collect information from or otherwise interact with the Platform (except as expressly permitted otherwise in the Documentation), reproduce, duplicate, copy or re-sell any part of the Platform except as permitted by a Contract or impersonate any person or misrepresent your identity or affiliation with any person.
7. You must not make excessive API calls to the Platform or otherwise interact with the Platform in a manner which would place excessive load on Sorted’s systems. For reference, Sorted anticipates that under normal usage a client will make fewer than 10 API calls per consignment, but will treat up to 20 API calls per consignment as “fair usage”. If the number of API calls per consignment exceeds this figure (other than by prior written agreement) or you interact with the Platform in another manner that Sorted considers to be unfair or unreasonable then Sorted may request that you discontinue such usage and may restrict or suspend your access to the Platform until it is satisfied that the issue has been rectified.
8. You must not access without authority, interfere with, damage or disrupt any part of the Platform, any equipment or network on which the Platform is stored, any software used in the provision of the Platform or any third party equipment, network or software,
9. You must not attempt to circumvent any security measure or other restriction or transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware, or to attack the Platform via a denial-of-service attack or a distributed denial-of service attack.