Terms of Service

Last updated: March 1, 2020

Definitions

In these Terms of Service the following terms and abbreviations are used:

Account                      User account with a unique account name belonging to a specific User.

Subscription              the agreement Online Services Subscription between Cargoguide and a Subscriber that governs the use of the Services by You for or on behalf of the Subscriber, in whatever form and regardless of the manner in which the Subscription was entered into.

Cargoguide               Cargoguide International B.V., a Dutch limited liability corporation having its registered office at Daalsplein 100, Level 5, 3511 SX in Utrecht, The Netherlands, registered at the Dutch Chamber of Commerce under number 57729190 and with VAT identification number NL852709729B01.

Data Carrier             any means or device that allows You or Cargoguide to store information that was directed at You in a durable way, enabling future consultation and unchanged reproduction of such stored information.

Subscriber                 the forwarding agent active in the airfreight industry, recognised as such by Cargoguide at its sole discretion, that has a valid Subscription with Cargoguide enabling You to use the Service.

Personal contract
rates                            all contract rates sent by You on behalf of the Subscriber.

Service                       any service provided by Cargoguide to You and/or Subscriber.

Terms                         these Terms of Service;

Website                      the websites www.cargo-office.com, www.cargoguide.app and any other website held and/or maintained by Cargoguide;

You or Your              refers to the user of the Service, being an employee of or a person otherwise affiliated with a Subscriber.

 

 

Applicability

By accessing or using any part of the Website or the Service, You agree to be bound by the Terms and our Privacy Statement and You agree that the Terms and our Privacy Statement are enforceable as if it were a written negotiated agreement signed by Cargoguide and You. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the Terms and our Privacy Statement.

Availability terms

The text of these Terms is made available electronically beforehand to You in a manner that You can easily store that information on a Data Carrier. You can review the most current version of these Terms at any time at: www.cargoguide.com/more/terms-of-service.

Change to the Terms

Cargoguide may, at its sole discretion, modify or revise these Terms at any time without notice to You, and You agree to be bound by such modifications or revisions. Continued use of the Service after any such changes shall constitute Your consent to such changes.

Eligibility

By using the Service, You guarantee that You are an employee of or directly affiliated to a Subscriber and that this Subscriber is a forwarding agent active in the airfreight industry.
You shall provide current, accurate identification and contact details and such other information that may be required in the registration process and/or for continued use of the Service.
You are responsible for maintaining the confidentiality of Your Account and associated passwords, and You are responsible for all activities that occur thereunder.
Cargoguide reserves the right to refuse the Service to anyone at any time without notice for any reason.

Proper Use

You agree to use any Service in compliance with all applicable national and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from Your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to:

• use the Service to upload, transmit or otherwise distribute any content that is copyrighted, unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Cargoguide;
• use the Website or the Service for any fraudulent, illegal or inappropriate purpose;
  Resell, duplicate, reverse engineer, reproduce or exploit any part of the Website or the Service without the express written permission of Cargoguide;
• use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.

When Cargoguide finds, at its own discretion, or receives substantiated complaints that You violate any of the foregoing, Cargoguide reserves the right to immediately and without warning block You or terminate Your Account from accessing its Website and/or Service. Such blocking or termination may subject You and Subscriber to penalties and other legal consequences, while it in no event shall give Subscriber any right for a refund.

Confidentiality Personal Contract Rates

Cargoguide will not distribute Personal Contract Rates to other users or use Personal Contract Rates for any other commercial and non-commercial activities. Cargoguide does not verify or check Personal Contract Rates. Cargoguide may disclose Personal Contract Rates in so far it deems necessary to (i) defend itself in legal proceedings or (ii) abide by any law or regulation, court order or governmental request.

Data Retention

Except for free trials, Cargoguide will retain customer data stored in the Service in a limited function account for 90 days after expiration or termination of the Account so that You may extract your data. After the 90 day retention period ends, Cargoguide will disable the Account and will delete Your data including any Personal Contract Rates.

A Service may not support retention or extraction of data provided by the User. Cargoguide has no liability for the deletion of Your data as described in this section.

Notification of Misconduct or Breach of Contract

You will notify Cargoguide in case you expect, suspect or have substantiated evidence that (i) any person or entity is acting in breach with these Terms, with applicable laws or rules while using the Website or the Service or that (ii) the Subscriber is in breach or will breach any of its obligations under the Subscription, including but not limited to the obligation of the Subscriber to duly pay the invoices from Cargoguide.

Cancellation and Termination

Cargoguide reserves the right to cancel any Account and delete any content from the Service if Cargoguide deems this necessary. Cancellation is immediate, and all of Your content may be immediately deleted from the Service upon cancellation.
Cargoguide may at any time and for any reason modify or terminate a Service or suspend or terminate an Account. In the event of termination, Your Account will be disabled and You may not be granted access to Your Account or any files or other content contained in Your Account although residual copies of information may remain in the Service.

Intellectual Property Rights

You acknowledge that Cargoguide owns all right, title and interest in and to the Website and the Service, including without limitation all intellectual property rights, and such rights are protected by Dutch and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.
Cargoguide claims no intellectual property rights over Your Personal Contract Rates.

Warranties and Liability

Use of the Service is at Your sole risk. The Service is provided on an “as is” and “as available” basis, without warranty of any kind. By using the Service, You acknowledge and agree that Cargoguide is not responsible for any disruption in accessibility of the Website or the Service or the loss of data or information. Cargoguide does not warrant that: (i) the Services will meet Your requirements or expectations, (ii) the Service will be timely, uninterrupted, secure or error-free or operate in combination with Your hardware, software, system or data, (iii) bugs or errors will be corrected, or (iv) the mathematical calculations performed by the Service are accurate. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law.
You expressly acknowledge and agree that Cargoguide shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages to You or the Subscriber, its subsidiaries or its customers, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Cargoguide has been advised of the possibility of such damages), resulting from Your usage of the Service or resulting from the fact that the Service was, for whatever reason, not available for You to use.

Indemnification

You agree to hold harmless and indemnify Cargoguide, its affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to Your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Cargoguide will provide You with a written notice of such claim, suit or action.

Non-waiver

The failure of Cargoguide to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

Governing Law and Jurisdiction

The Subscription and the Terms are solely governed by and to be interpreted and enforced according to the laws of The Netherlands. The court of Utrecht, The Netherlands has exclusive jurisdiction and is the exclusive venue of any action regarding any dispute arising from or in connection with this Subscription and the Terms, unless mandatory Dutch law stipulates otherwise. You waive any objection to the applicability of the laws of The Netherlands and to the exclusive jurisdiction and venue of the courts in The Netherlands.

Contact

If You have any questions in general or regarding these Terms or if You wish to discuss the terms and conditions contained herein, please contact Cargoguide at info@cargoguide.com or via phone at +31 (0)30 – 223 20 86 (accessible on working days from 8:30 am CET until 6:00 pm CET).