Effective Date: January 1, 2024 | Last Updated: July 14, 2024
1. Acceptance of Terms
These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity, and JHK Trucking Solutions Inc, a Canadian corporation doing business as JHK Trucking, with its registered office at 3079 Harold Sheard Dr, Mississauga, ON L4T 1V4, Canada. By accessing or using our website at https://www.jhktrucking.autos, our fleet management platform, GPS tracking services, mobile applications, APIs, or any other products and services we provide, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree with any part of these Terms, you must not access or use our services. We reserve the right to update, change, or modify these Terms at any time at our sole discretion. Continued use of the services after any such changes constitutes your acceptance of the new Terms.
2. Definitions
Where used in these Terms, the following words and expressions have the meanings set out below:
- Company: JHK Trucking Solutions Inc, also referred to as JHK Trucking, we, us, and our.
- Services: All products, services, platforms, software, APIs, websites, and mobile applications provided by the Company, including but not limited to fleet management systems, GPS tracking, logistics optimization tools, data analytics dashboards, and associated support services.
- User: Any individual or entity that accesses or uses the Services, including fleet operators, drivers, administrators, contractors, and website visitors.
- Account: A registered user profile on our platform that provides access to the Services.
- Content: Any data, information, text, graphics, files, or other materials uploaded, transmitted, or stored through the Services.
3. Account Registration and Security
3.1 Account Creation
To access certain features of our Services, you must register for an account. When creating an account, you agree to provide accurate, current, and complete information and to maintain and promptly update this information as necessary. You may not create an account using false information or on behalf of someone else without proper authorization.
3.2 Account Responsibility
You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to accept responsibility for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security. The Company shall not be liable for any loss or damage arising from your failure to comply with these security obligations.
3.3 Account Termination by Us
We reserve the right to suspend or terminate your account at any time, with or without cause, including but not limited to violation of these Terms, suspected fraudulent activity, or failure to pay applicable fees. In the event of termination, your right to use the Services will cease immediately, and we may delete your account data in accordance with our data retention policies.
4. Services and Usage Rights
4.1 License Grant
Subject to your compliance with these Terms and payment of all applicable fees, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes. This license does not permit you to resell, sublicense, rent, lease, or otherwise commercialize the Services without our express written consent.
4.2 Service Availability
We strive to maintain high availability of our Services and target 99.9 percent uptime. However, we do not guarantee uninterrupted access. Scheduled maintenance, emergency repairs, third-party service disruptions, and circumstances beyond our reasonable control may result in temporary service interruptions. We will make commercially reasonable efforts to provide advance notice of planned maintenance.
4.3 Service Modifications
We continuously develop and improve our Services. We reserve the right to modify, update, add, or remove features, functionality, and capabilities at any time without prior notice. If a modification materially reduces core functionality, we will provide reasonable notice where practical.
5. Acceptable Use Policy
You agree not to use the Services for any unlawful purpose or in any manner that could damage, disable, overburden, or impair our infrastructure. Prohibited activities include but are not limited to:
- Uploading or transmitting malware, viruses, ransomware, trojan horses, worms, or any other malicious code.
- Attempting to gain unauthorized access to any part of the Services, other user accounts, computer systems, or networks connected to our platform.
- Interfering with or disrupting the integrity or performance of the Services or the data contained therein.
- Using automated systems, including robots, spiders, scrapers, or data mining tools, to access the Services for any purpose without our prior written permission.
- Collecting or harvesting personal data from other users without their consent.
- Using the Services to infringe upon the intellectual property rights, privacy rights, or any other legal rights of any third party.
- Violating any applicable local, provincial, national, or international law or regulation, including transportation and telematics regulations.
- Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Services.
6. Intellectual Property Rights
6.1 Company Intellectual Property
All rights, title, and interest in and to the Services, including all software, algorithms, databases, user interfaces, designs, graphics, trademarks, logos, documentation, and any modifications, enhancements, or derivative works thereof, are and shall remain the exclusive property of JHK Trucking Solutions Inc or its licensors. These Terms do not grant you any ownership rights in the Services. The JHK Trucking name, logo, and all related product and service names are trademarks of JHK Trucking Solutions Inc.
6.2 User Content
You retain ownership of all data, information, and content that you upload or generate through the Services. By submitting Content, you grant the Company a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and process such Content solely as necessary to provide and improve the Services. This license continues for as long as your Content is stored on our platform.
6.3 Feedback
Any suggestions, enhancement requests, recommendations, or other feedback you provide regarding the Services may be used by the Company without restriction or obligation to compensate you. You hereby assign to the Company all rights in any such feedback.
7. Fees and Payment Terms
7.1 Subscription Fees
Certain Services are provided on a subscription basis. Fees are charged according to the pricing plan you select during registration. All fees are denominated in United States dollars unless otherwise specified. Subscription fees are due in advance of each billing period and are non-refundable except as expressly stated in these Terms or as required by applicable law.
7.2 Fee Changes
We reserve the right to modify our fees at any time. For subscription-based services, we will provide at least thirty days advance notice before any price change takes effect. Continued use of the Services after a fee change constitutes your acceptance of the new pricing.
7.3 Taxes
All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all such taxes, except those based on the Company's net income.
8. Third-Party Services and Integrations
Our Services may provide links to or integration with third-party websites, applications, APIs, or services that are not owned or controlled by JHK Trucking Solutions Inc. We do not endorse, assume responsibility for, or have control over any third-party content, privacy policies, or practices. You acknowledge and agree that the Company shall not be liable for any damage or loss caused by your use of any third-party services. We encourage you to review the terms and privacy policies of any third-party services you interact with.
9. Limitation of Liability
To the maximum extent permitted by applicable law, JHK Trucking Solutions Inc, its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunities, whether arising in contract, tort, negligence, strict liability, or otherwise, even if advised of the possibility of such damages.
The aggregate liability of JHK Trucking Solutions Inc for any claims arising out of or relating to these Terms or the Services shall not exceed the total fees paid by you to the Company during the twelve months immediately preceding the event giving rise to the claim. This limitation applies to all causes of action in the aggregate.
The limitations set forth in this section shall not apply to liability arising from death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
10. Disclaimer of Warranties
The services are provided on an as is and as available basis without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, JHK Trucking Solutions Inc disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and those arising from course of dealing or usage of trade.
We do not warrant that the Services will be uninterrupted, timely, secure, error-free, or that any defects will be corrected. No advice or information obtained from the Company, whether oral or written, shall create any warranty not expressly stated in these Terms.
11. Indemnification
You agree to indemnify, defend, and hold harmless JHK Trucking Solutions Inc, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees, including reasonable legal fees, arising out of or related to your use of the Services, your violation of these Terms, your violation of any third-party rights, or your Content. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.
12. Termination
12.1 Termination by You
You may terminate your account at any time by contacting our support team or through your account settings. Upon termination, your right to access the Services will cease. Data retention after termination is governed by our Privacy Policy and data retention policies.
12.2 Survival
All provisions of these Terms that by their nature should survive termination shall survive, including provisions relating to intellectual property, limitation of liability, disclaimer of warranties, indemnification, and governing law.
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach thereof, shall first be attempted to be resolved through good-faith negotiations between the parties.
If the dispute cannot be resolved through negotiation within thirty days, either party may submit the dispute to binding arbitration administered by the ADR Institute of Canada in accordance with its Arbitration Rules. The arbitration shall take place in Mississauga, Ontario, and shall be conducted in the English language. The arbitral award is final and binding on both parties.
14. Force Majeure
Neither party shall be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riot, embargo, acts of civil or military authorities, fire, flood, earthquake, accident, strike, labor shortage, transportation facility shortages, fuel or energy shortages, or telecommunications or Internet infrastructure failures.
15. General Provisions
- Entire Agreement: These Terms constitute the entire agreement between you and JHK Trucking Solutions Inc concerning the subject matter hereof and supersede all prior and contemporaneous agreements, representations, and understandings, whether written or oral.
- Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
- Waiver: The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- Assignment: You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. The Company may assign these Terms or any rights or obligations without restriction.
- Notices: All notices to the Company under these Terms shall be sent to contact@jhktrucking.autos or to our registered office. Notices to you may be sent via email to the address associated with your account or through the Services interface.
16. Contact Information
If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us:
- Company: JHK Trucking Solutions Inc, developed by JHK Trucking
- Address: 3079 Harold Sheard Dr, Mississauga, ON L4T 1V4, Canada
- Email: contact@jhktrucking.autos
- Phone: +1 (530) 466-5508