Shipper Terms and Conditions

To register as a Shipper on the Platform, you represent and warrant that:

• You are a legally registered Canadian business in good standing.
• Your business is located and operating outside the Province of Quebec.
• The individual completing registration is at least 18 years of age and has the legal authority to bind the Shipper organization to this Agreement.
• All information provided during registration is accurate, current, and complete.
• You will promptly update your account information if any details change.

Shipper accounts are self-declared. Trukren does not independently verify business registration at the time of sign-up but reserves the right to request documentation and to suspend or terminate accounts where information is found to be inaccurate.

3.1 Accuracy of Order Information

Shippers are solely responsible for the accuracy and completeness of all order information, including:

• Load description, weight, dimensions, and handling requirements.
• Pickup and delivery addresses and times.
• Any special instructions, hazardous material classifications, or compliance requirements.

Trukren bears no responsibility for losses, delays, or damage arising from inaccurate or incomplete order information.

3.2 Compliance with Laws

Shippers are solely responsible for complying with all applicable federal, provincial, and municipal laws governing the shipment of goods, including regulations relating to dangerous goods, weight limits, and customs requirements.

3.3 Geographic Scope and Cross-Border Operations

The Platform is intended solely for domestic freight transportation within Canada. Shippers are solely responsible for ensuring all orders are located within Canada. Trukren disclaims all liability for any cross-border or international movement of goods arranged through the Platform.

3.4 Dangerous Goods and Hazardous Materials

Where a Shipper posts an order involving dangerous goods, the Shipper is solely responsible for accurately classifying, declaring, labelling, and documenting such goods in accordance with the Transportation of Dangerous Goods Act, 1992 and all associated regulations, and for fully disclosing all such information to the Carrier prior to transport.

4.1 Shipper Responsibility for Sub-Accounts

Shippers may create sub-accounts for administrators and dispatchers ("Sub-Users"). The Shipper is solely and fully responsible for:

• All actions and activity performed by any Sub-User on the Platform.
• Ensuring Sub-Users comply with this Agreement and all applicable laws.
• Promptly revoking Platform access for any Sub-User who is no longer authorized.

4.2 Sub-Users Are Not Direct Parties

Sub-Users do not have a direct contractual relationship with Trukren. The Shipper acts as the responsible party for all Sub-Users operating under its account.

4.3 Consent for Sub-User Personal Information

Before submitting any personal information of a Sub-User, the Shipper warrants that:

• The Sub-User has been informed that their personal information will be collected and stored by Trukren.
• All necessary consents required under PIPA (British Columbia) and PIPEDA have been obtained.
• The Shipper has the legal authority to submit such information.

5.1 Shipper Controls Carrier Invitations

Shippers may invite Carriers to join their Trusted Carrier network. Shippers retain full and sole discretion to invite, accept, or remove any Carrier at any time. Order requests may only be sent to Carriers within the Shipper's Trusted Carrier network.

5.2 Shipper Responsible for Vetting Carriers

Before inviting a Carrier, Shippers are solely responsible for conducting their own due diligence, including verifying:

• Business registration and operating authority.
• Insurance coverage and minimum insurance requirements as set by the Shipper.
• Compliance with applicable federal and provincial transportation regulations.

Trukren does not verify, screen, endorse, or take responsibility for any Carrier's credentials, insurance, safety record, or suitability.

5.3 Insurance Requirements

Where a Shipper sets minimum insurance requirements as a condition of joining their Trusted Carrier network, it is the Shipper's sole responsibility to communicate those requirements and verify they are met prior to extending an invitation.

6.1 Orders Are Between Shipper and Carrier

All orders and dispatch arrangements are made directly between the Shipper and the relevant Carrier. Trukren is not a party to any such arrangement and has no liability arising from the performance, non-performance, or breach of any order.

6.2 Dispute Resolution

In the event of any dispute between a Shipper and a Carrier, the parties are solely responsible for resolving such disputes between themselves. Trukren will not mediate, arbitrate, or otherwise intervene.

6.3 Order Cancellations

Shippers may cancel an order through the Platform subject to the following:

• If a driver has not yet commenced travel, the Shipper may cancel at no charge.
• If a driver has already commenced travel, the Carrier reserves the right to invoice the Shipper for a minimum number of hours or a flat rate charge. The Carrier may also waive such charges at their discretion.
• All cancellation charges are invoiced and settled directly between the Shipper and Carrier outside of the Platform.

6.4 Subcontracting of Orders

When creating an order, the Shipper may choose to enable or disable subcontracting. By enabling subcontracting, the Shipper acknowledges that vetting of the Subcontracted Carrier is the sole responsibility of the Primary Carrier. Subcontracting is limited to one level only. Trukren bears no liability for any act, omission, loss, damage, or claim arising from a subcontracted order.

By registering on the Platform, Shippers consent to the collection, storage, and use of business and operational data in accordance with Trukren's Privacy Policy.

Trukren may use anonymized or aggregated data to improve its services. Trukren does not sell Shipper or Sub-User personal data to third parties. Order records for previously fulfilled orders may be retained to preserve access for both Shippers and Carriers to their respective order history.

10.1 Termination by Trukren

Trukren reserves the right to suspend or permanently terminate any Shipper account, with or without prior notice, for reasons including:

• Submission of false, fraudulent, or misleading information.
• Violation of any provision of this Agreement.
• Conduct posing a risk to the safety, reputation, or integrity of the Platform.

10.2 Termination by Shipper

Shippers may delete their account at any time through the Platform settings. Data retention following account deletion will be handled in accordance with Trukren's Privacy Policy and applicable legal obligations.

In no event shall Trukren's total liability to a Shipper exceed the amounts paid by that Shipper to Trukren in the twelve (12) months preceding the event, or CAD $500, whichever is greater.

Trukren is not responsible for the acts or omissions of any Carrier, including cargo damage, missed deliveries, driver conduct, or failure to meet the Shipper's requirements. The Shipper assumes all risk associated with engaging any Carrier through the Platform.

Nothing in this Agreement limits Trukren's liability for damages arising directly from its own gross negligence or wilful misconduct.

Shippers agree to indemnify, defend, and hold harmless Trukren Logistics Ltd. and its affiliates from and against any claims, liabilities, damages, losses, and expenses arising out of or in connection with:

• Your use of the Platform.
• Any order, dispatch, or transportation service arranged through the Platform.
• Your breach of this Agreement.
• Any inaccuracy in order information, load details, or other data submitted to the Platform.
• Any cross-border or international movement of goods or any operation conducted outside Canada.
• Any dangerous goods or hazardous materials posted or shipped through the Platform.
• Your decision to enable subcontracting for an order, including any act or omission of a Subcontracted Carrier.
• Any failure to obtain required consents from Sub-Users under Section 4.3.

This indemnification does not apply to claims arising from Trukren's own gross negligence or wilful misconduct.

17.1 Informal Resolution

Before initiating formal legal proceedings, the parties agree to attempt informal resolution. The Shipper shall notify Trukren in writing at info@trukren.com. The parties will make good faith efforts to resolve the dispute within thirty (30) days.

17.2 Governing Law

This Agreement shall be governed by the laws of the Province of British Columbia and the applicable laws of Canada. Any unresolved dispute shall be submitted to the exclusive jurisdiction of the courts of British Columbia.

This Agreement, together with Trukren's Privacy Policy, constitutes the entire agreement between the Shipper and Trukren with respect to use of the Platform and supersedes all prior understandings or agreements.

If any provision is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

For questions or concerns about this Agreement, please contact: