Logistware Inc. is a technology service provider that facilitates a digital marketplace for Shippers and Carriers. Logistware Inc. is not a motor carrier, freight forwarder, load broker, or shipping agent. We do not transport freight, nor do we arrange for the transportation of freight as a regulated entity. All shipping contracts, rate confirmations, and agreements are strictly between the Shipper and the Carrier.

Logistware Inc. performs a manual vetting process for users seeking to join the Platform to maintain a professional environment.

• No Warranty of Vetting: While we strive for accuracy, Logistware Inc. does not warrant that its vetting process is 100% exhaustive, error-free, or current. The inclusion of a User on the Platform does not constitute an endorsement of that User’s financial stability, safety record, or legal compliance.
• Independent Verification: The Shipper retains the ultimate responsibility to perform its own due diligence. This includes, but is not limited to, verifying the Carrier’s provincial and federal operating authorities, insurance validity (COI), and safety ratings before awarding a bid or entering into a contract.

The Platform allows for the exchange and execution of documents, including Rate Confirmations, Shippers’ Agreements, and Certificates of Insurance.

• User Responsibility: Users are solely responsible for the content, legality, and accuracy of the documents they upload or sign.
• Binding Agreement: In accordance with the Uniform Electronic Commerce Act and applicable provincial laws, electronic signatures provided through the Platform are legally binding. Logistware Inc. is not a party to these documents and assumes no liability for their enforcement or breach.

The Logistware mobile application utilizes GPS technology to provide real-time shipment visibility.

• Carrier and Driver Consent: Carriers warrant that they have obtained express, informed, and written consent from all drivers or personnel to be tracked via the Platform in compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy laws.
• Service Accuracy: GPS data is provided “as-is” for informational purposes. Logistware Inc. is not responsible for data inaccuracies resulting from hardware failure, cellular signal loss, or user error.

To the maximum extent permitted by the laws of Canada and its Provinces, Logistware Inc., its directors, employees, and agents shall not be liable for:

• Any indirect, punitive, special, incidental, or consequential damages.
• Any loss of cargo, theft, damage, spoilage, or delay in delivery.
• Any loss of business profits, revenue, or “down-time” costs.
• Any disputes regarding payments or non-payments between Shippers and Carriers.

You agree to indemnify, defend, and hold harmless Logistware Inc. and its affiliates from and against any and all claims, damages, liabilities, costs, and expenses (including legal fees on a solicitor-and-client basis) arising from:

1. Your use of the Platform or your breach of these Terms.
2. Any motor vehicle accident, bodily injury, or property damage involving a Carrier or Driver found through the Platform.
3. Your violation of any provincial or federal transportation, safety, or privacy regulations.

These Terms shall be governed by and construed in accordance with the laws of the Province in which Logistware Inc. is incorporated and the federal laws of Canada applicable therein. Users attorn to the exclusive jurisdiction of the courts of that Province.

Logistware Inc. reserves the right, in its sole discretion, to suspend or terminate any User’s access to the Platform at any time, without notice, for conduct that violates these Terms or is otherwise harmful to the Platform’s community or business interests.