Terms of Service Cargo Office Air

Version: November 15, 2013

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;

Agreement

Any agreement between Cargoguide and a License Holder in which Cargoguide grants the License Holder one or more licenses that permit the use of the Service, in whatever form and regardless of the manner in which the agreement was entered into;

Cargoguide

Cargoguide International B.V., a Dutch limited liability corporation having its registered office at Europalaan 2C, 3526 Ks in Utrecht, The Netherlands, registered at the Dutch Chamber of Commerce under number 57729190 and with VAT identification number NL852709729B01;

Durable Data Carrier

Any means or device that allows You or Cargoguide to store information that was directed at You in a way that enables future consultation and unchanged reproduction of such stored information;

License Holder

The forwarding Agent active in the airfreight industry, recognised as such by Cargoguide at its sole discretion, that Cargoguide has provided with a license for You to use the Service;

Personal contact rates

All contract rates sent by You on behalf of the License Holder;

Service

The web-based airfreight rate management application Cargo Office Air from Cargoguide;

Terms

These Terms of Service;

Website

The website www.cargo-office.com;

You or Your

Refers to the user of the Service, being an employee of or affiliated with a License Holder.

Applicability

By accessing or using any part of the Website or the Service, You agree to be bound by the Terms and You agree that the Terms 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.

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 Durable Data Carrier. You can review the most current version of these Terms at any time at: www.cargoguide.com/more/terms-of-service.

Change of 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

You must be an employee of or directly affiliated to a License Holder to use the Service. By using the Service, You guarantee that You are an employee of or directly affiliated to a License Holder and that this License Holder is a forwarding agent active in the airfreight industry. You must provide current, accurate identification and contact details and such other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of Your Service password and Account, 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 the 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 authorise 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 the License Holder to penalties and other legal consequences, while it in no event shall give the License Holder any right for a refund.

Confidentiality Personal Contract Rates

Cargoguide will store Your Personal Contract Rates only in Your (part of the) database and 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 does reserve the right to 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.

Notification of Misconduct or Breach of Contract

You agree that 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 License Holder is in breach or will breach any of its obligations under the Agreement, including but not limited to the obligation of the License Holder to duly pay the invoices from Cargoguide.

Cancellation and Termination

Cargoguide reserves the right to for any reason cancel any Account and delete any content from the Service. 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 terminate the Services, terminate the Agreement, 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. You understand that Your content may be transferred unencrypted over the internet. 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 License Holder, 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. 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 Agreement 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 Agreement 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 details, Chamber of Commerce number and VAT identification number

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).

Terms of Service Cargo Office Ocean

Version: November 15, 2013

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;

Agreement

Any agreement between Cargoguide and a License Holder in which Cargoguide grants the License Holder one or more licenses that permit the use of the Service, in whatever form and regardless of the manner in which the agreement was entered into;

Cargoguide

Cargoguide International B.V., a Dutch limited liability corporation having its registered office at Europalaan 2C, 3526 KS in Utrecht, The Netherlands, registered at the Dutch Chamber of Commerce under number 57729190 and with VAT identification number NL852709729B01;

Durable Data Carrier

Any means or device that allows You or Cargoguide to store information that was directed at You in a way that enables future consultation and unchanged reproduction of such stored information;

License Holder

The party that Cargoguide has provided with a license for You to use the Service;

Personal data

All data concerning your person and other data, among which any rate information, duly marked by you as personal sent by You on behalf of License Holder;

Service

The web-based ocean freight rate management application Cargo Office Ocean from Cargoguide;

Terms

These Terms of Service;

Website

The website ocean.cargo-office.com;

You or Your

Refers to the user of the Service, being an employee of or affiliated with a License Holder.

Applicability

By accessing or using any part of the Website or the Service, You agree to be bound by the Terms and You agree that the Terms 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.

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 Durable Data Carrier. You can review the most current version of these Terms at any time at: http://www.cargoguide.com/terms-of-service.

Change of 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

You must be an employee of or directly affiliated to a License Holder to use the Service. By using the Service, You guarantee that You are an employee of or directly affiliated to a License Holder. You must provide current, accurate identification and contact details and such other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of Your Service password and Account, 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 the 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 the License Holder to penalties and other legal consequences, while it in no event shall give the License Holder any right for a refund.

Confidentiality Personal Contract Rates

You can mark any data You provide as personal at the time you provide such data. When Cargoguide is not told that data You provide is personal, Cargoguide will consider such data public. Cargoguide does not verify or check any data you provide.

Cargoguide will store Your Personal Data only in Your (part of the) database and Cargoguide will not distribute Personal Data to other users or use Personal Data for any other commercial and non-commercial activities. Cargoguide does reserve the right to disclose Personal Data 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.

Notification of Misconduct or Breach of Contract

You agree that 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 License Holder is in breach or will breach any of its obligations under the Agreement, including but not limited to the obligation of the License Holder to duly pay the invoices from Cargoguide.

Cancellation and Termination

Cargoguide reserves the right to for any reason cancel any Account and delete any content from the Service. 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 terminate the Services, terminate the Agreement, 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 rights, 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 Data.

Warranties and Liability.

Use of the Service is at Your sole risk. The Service is provided on an “as is” basis, without warranty of any kind. Cargoguide does however guarantee the availability of the Service along the lines of the applicable Windows Azure Service Level Agreements. By using the Service, You acknowledge and agree that Cargoguide is not responsible for any disruption in accessibility of the Website or the loss of data or information. You understand that Your content may be transferred unencrypted over the internet. 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 License Holder, 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. 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 Agreement 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 Agreement 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 details, Chamber of Commerce number and VAT identification number

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).