Terms Of Service

Terms and Conditions

In this agreement, the expressions we, us, our and Freighty are a reference to Insure The Purchase Pty Ltd (T/A Freighty) (ACN 629 898 013). This agreement governs your access to and use of our platforms, applications (including our APIs and any other software we may provide to you), websites, POS Services and any other products and services we may offer from time to time, including those relating to insurance services (Services). By registering for or using our Services, you agree to be bound by the terms and conditions of this agreement. If you do not accept any of the terms or conditions of this agreement, you must stop using our Services. This agreement must be read together with any other applicable terms and conditions governing the use of our Services and our Privacy Policy.

Your Account

You must register an account with us to use our Services. To register an account, you must be at least 18 years old. You must ensure the information you provide us with when registering your account is accurate and kept up to date at all times. We reserve the right to cancel your account at any time and for any reason in our absolute discretion. You may also cancel your account at any time by uninstalling each of our applications. The cancelling of your account will terminate this agreement, including your right to access or use our Services.

If you are registering an account on behalf of a separate legal entity such as a company, that entity will be bound by the terms and conditions of this agreement and you warrant that you have the authority to enter into this agreement on behalf of that entity.


Your Freighty Wallet

When a Freighty Account is created you will automatically be given access to an individual, digital Freighty Wallet. The Freighty Wallet is accessible via the Freighty App. 

The Services can only be purchased via transactions through the Freighty Wallet and those purchases will only be completed if there are sufficient funds within the Freighty Wallet at the time of purchase.

Depositing Funds in the Freighty Wallet

Funds may be deposited in the Freighty Wallet by:

  1. You, at times and in amounts at your discretion, via electronic transfer from your credit card;
  2. You, by way of automatic ‘top up’, via electronic transfer from your nominated credit card; and/or
  3. Freighty, for promotional purposes, at times and in amounts in its discretion.

How to Deposit Funds

In order to deposit funds (“Top Up”) to your Freighty Wallet, you must log in to your Freighty Account and proceed to the “Fund your Account” page.

When on the “Fund your Account” page, you will see the current balance of your Freighty Wallet, together with options to Top Up.

Top Ups are primarily undertaken via credit card deposit.

When depositing via credit card, you will proceed to payment through Freighty’s secure payment gateway. When performing a Top Up you will be prompted to select whether you would like to establish a recurring payment function. 

If you agree to establishing a recurring payment function you will permit Freighty to automatically deduct funds from your credit card in order to Top Up your Freight Wallet. 

The time at which an automatic Top Up will take place will not be prescriptive. Instead, Freighty recognises that you may purchase Services in amounts that are different to other customers. Accordingly, the time at which an automatic Top Up takes place will be determined by a number of factors including, but not limited to, your transaction history, transaction frequency and the common premium charged when purchasing Services.  

The amount of any automatic Top Up will be determined by you at the time that the function is enable. You will be asked to nominate the automatic Top Up amount from a list of notional sums.

In addition to payments via credit card, Freighty may at its absolute discretion gift funds into your Freighty Wallet for promotion purposes from time to time. Please note, when purchasing Services, any funds within your Freighty Wallet which have been deposited by Freighty for promotional services will be utilised first in any transactions.

Purchasing Services

Funds that are deposited in your Freighty Wallet are held by Freighty as credit.

The funds held do not constitute a premium.

The cost of the Services however, will be charged as a premium. The premium will be calculated for each order placed during the period of insurance and will include all applicable duties, taxes. Freighty may also charge an administration fee per transaction which will be incorporated into the premium amount that you pay.

At the time that Services are purchased, you authorise Freighty to reduce the balance of your Freighty Wallet by the same value of the premium (including Freighty’s administration fee) and automatically remit this payment to Chubb (less any commission payable by Chubb and any Freighty administration fee). 

After the funds have been remitted you will receive the Freighty Shipping Insurance Policy.

You must maintain a sufficient balance in your Freighty Wallet to cover the premium (and any Freighty administration fee) for each order at the time your order is placed.  

Inadequate Funds

If you do not have adequate funds in your Freighty Wallet to cover the premium and service fees on an order then cover under the Freighty Shipping Insurance Policy will be cancelled after three days’ notice.  

You will be provided with a notification from the Freight App regarding low and inadequate funds prior to any cancellation. 

After three days, you will then be provided with a cancellation notice and any orders in place from that time will not be insured.  

Top Up after Cancellation

If you Top Up your Freighty Wallet after being issued with a cancellation notice, a new Freighty Shipping Insurance Policy will automatically be issued. 

Any Top Up funds that are received into your Freighty Wallet will first be allocated to the payment of any outstanding premium incurred by you on orders placed between the time that the funds in the Freighty Wallet became inadequate and the cancellation of the Policy.

Deleting Account

Deleting the Freighty App does not delete your Freighty Wallet or affect the funds held in your Freighty Wallet, nor does deleting the App affect any existing insurance coverage you have in place.

Refunds and Cancellation

The Freighty Shipping Insurance Policy remains in effect unless cancelled or renewed. In each case, You will be notified in advance and the reasons leading to each action together with any actions You need to take.

Funds remaining within your Freighty Wallet may be refunded to You at Your request provided always such refund is limited to funds deposited by You previously. Circumstances potentially giving rise to You requesting such refund include

  1. You deem your current Freighty Wallet funds balance being excess to requirements, or
  2. You wish to deactivate your Freighty Account and thereby cancel your insurance policy.

For the avoidance of doubt, You shall not be eligible for a refund of any funds not deposited by You. To claim such refund please contact Freighty via the chat feature on our website. The funds will be refunded into your nominated bank account.

Ownership

The Freighty Wallet is operated by Freighty and is not a Chubb product.


Indemnity

You agree to indemnify us in respect of all actions, suits, investigations, losses, damages, costs, charges, expenses, outgoings, payments or liabilities of any kind that we may suffer or incur arising out of or in connection with: (a) your unauthorised, improper or unlawful use of our Services; (b) any third party's use of or access to our Services using your account; (c) any allegation that our use of your trademarks pursuant to section 10 infringes the rights of any other person; or (d) any breach of your obligations under this agreement or the Distribution Agreement. Your liability under this indemnity will be reduced proportionally to the extent that the liability is directly attributable to our negligence or wrongful act or omission.

Limitation Of Liability

This limitation of liability does not attempt or purport to exclude liability arising under statute, including under any consumer guarantees you may be entitled to under the Australian Consumer Law or any other applicable law such as those described above.

Except as otherwise provided for in this agreement, under the Australian Consumer Law or any other applicable law, we do not accept liability to you for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of our Services or your purchase of an insurance policy, which would exceed in aggregate an amount of AUD $80. To the extent permitted by the Australian Consumer Law and other applicable laws, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty (as is the case with consumer guarantees under the Australian Consumer Law), that condition or warranty will be deemed included but our liability will be limited to the maximum extent permitted by applicable laws.

Our Intellectual Property

As long as your account remains open with us, you will receive a personal, limited, non- exclusive, revocable, and non-transferable licence, without the right to sublicense, to access and use the Services solely for the purpose of enabling us and our third party partners to make insurance available to your customers.

Nothing in this agreement confers on you a proprietary interest in the Services. We own all rights in and to the Services and any products offered through the Services, including any and all existing and future intellectual and industrial property rights throughout the world, whether conferred by statute, common law or equity, including moral rights (as defined in the Copyright Act 1968 (Cth) or substantially similar rights in other jurisdictions) and rights in relation to copyright, trademarks, designs, circuit layouts, business and domain names, trade secrets, patent rights and rights to require that know-how be kept confidential (including the right to apply for registration of any such rights) and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields.

To the extent that you acquire any right (including any of the kinds of rights described in the preceding paragraph), title or interest in or to the Services or the insurance, you assign absolutely such right, title and interest throughout the world to us immediately and automatically upon creation.

Your Trademarks

You grant us a non-exclusive, non-transferable, royalty free, worldwide licence, with the right to sub-license, to use any of your trade marks for the limited purposes of providing the Services or undertaking marketing activities in respect of the Services or the insurance. Nothing in this agreement gives us the right to use your trademarks in any manner not specifically permitted by this agreement.

Confidential Information

In using our Services, you may acquire information about us or our Services that is not in the public domain. You must keep this information strictly confidential and must not use any of it except to the extent necessary to receive our Services or to exercise your rights or perform your obligations under this agreement. You must not disclose any of this information to a third party except to the extent you may be required to do so by law, and if required to disclose any information by law, notify us prior to disclosure.

Privacy

In order to provide our Services, we will need to collect personal information about you and your customers. The way in which we intend to collect, use and disclose such personal information is set out in our Privacy Policy.

In relation to personal information relating to individuals that we collect directly from you, or indirectly through the POS Services, you agree that it is your responsibility to obtain those individuals' consent to the disclosure of their personal information to us (if required) and to take reasonable steps to notify the individuals of our collection of their personal information in a manner which complies with the law.

Communications

You consent to us sending you communications, including 'commercial electronic messages' (as that term is defined in the Spam Act 2003 (Cth)), via emails, text messages, phone calls or application notifications, which we will send to the contact details you provide us with when creating your account or as you otherwise update from time to time. You may opt out of receiving commercial electronic messages at any time by using the unsubscribe function embedded in such communications.

Effect Of Termination

If this agreement is terminated, then your rights and obligations under this agreement will terminate other than any of your rights that accrue on or before termination. Sections 2 (Distribution Agreement), 7 (indemnity), 8 (limitation of liability), 9 (our intellectual property), 11 (confidential information) and 12 (privacy), along with any of our rights that accrue on or before termination, will survive termination of this agreement.

Force Majeure

We will not be liable in circumstances where we are unable to provide the Services or perform any of our obligations under this agreement as a result of events that are beyond our reasonable control.

Assignment

You must not assign, novate or transfer this agreement without our prior written approval. We may assign, novate or transfer this agreement to a related body corporate of ours (as that term is defined in the Corporations Act 2001 (Cth)) or to a third party purchaser of our business without your consent and without notifying you.

Amendments to terms and conditions

We reserve the right to amend this agreement from time to time. Amendments will be effective immediately upon notification to you, which notification may be made either through our application or via email. Your continued use of our Services following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Waiver

The exercise of a right partially or on one occasion does not prevent any further exercise of that right in accordance with the terms of this agreement. Neither a forbearance to exercise a right nor a delay in the exercise of a right operates as an election between rights or a variation of the terms of this agreement.

Governing Law

This agreement and any dispute arising out of or in connection with them or the subject matter of them are governed by the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.