CARGOAI TERMS OF SERVICE
Updated on August 31, 2021
These terms and conditions stated herein this Terms of Service (the “Agreement” or “Terms”) constitutes a legal agreement between you ("you" or “Client”) and CargoAi Pte Ltd (incorporated in Singapore, hereinafter referred to as “CargoAi,” “we” or “us”), and, they govern your access and use of the CargoAi Service and the associated software, website, mobile application, content, products, programs, and services (the “Services”), made available to you.
We may modify these Terms at any time, at our sole discretion as they are subject to change. If we do so, we will let you know either by posting the modified Terms on the Service or through other communications such as the email address registered in your account. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the platform, you are indicating to us that you agree to be bound by the modified Terms.
If you do not agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
1. Description and Scope of Service
The Services constitute a technology platform including websites and mobile applications designed to help businesses (“Forwarders”) get access to air cargo capacity trade made available by Airlines and GSAs (“Service Providers”), jointly referred to as (“Clients”), via our digital solutions. CargoAi as an online platform dedicated to Forwarders and Airlines, serves the air cargo industry by providing digital solutions for air cargo capacity trade. Through the CargoAi booking system, Forwarders can request quotes and bookings with 100% of the Service Providers. CargoAi provides solutions for Service Providers and forwarders, via our online application or via APIs. Our APIs enable easy integration into the Client’s current system. In order to give our clients access to the best service, we use the most modern and secure technology to serve the air cargo industry.
CargoAi is not responsible for any non-performance or breach of any contract entered into between users of this service. We do not own or control any of the cargo services nor the products that you can access through the CargoAi software such as flights, quotes, insurance, discounts and packages (the “Third-Party Services”). The third-party services are owned, controlled or made available by third parties (the “Service Providers”) either directly (e.g. airlines) or as an agent (e.g., GSA). The Service Providers are responsible for the cargo and freight services. The Service Provider’s terms and conditions apply to your booking so you must agree to and understand those terms. Furthermore, the terms of the actual service provider apply to your shipping terms, so you must also agree to and understand those terms. Your interaction with any Service Provider accessed through Our Service is at your own risk; CargoAi does not bear any responsibility should anything go wrong with your booking or shipment.
The display on the CargoAi Service of a Service Provider does not—in any way—imply, suggest, or constitute a recommendation, approval or sponsorship by CargoAi of such Service. Each Service Provider remains responsible at all times for the accuracy, completeness and correctness of the (Rate descriptive) information (including the rates and availability) displayed on our website.
You understand and acknowledge that you are solely responsible for the capability of the electronic devices and the internet connection, you chose to run the CargoAi Service. The Service’s operation on your electronic device is subject to the availability of hardware, software specifications, internet connection, and other features and specifications, required from time to time.
We also partnered with third-party digital payment companies that facilitate the payment for the Service that we make available to you via debit card, credit card, or other payment methods that we may make available to you from time to time. These payment processing services are not provided by CargoAi but by such third-party payment providers and are subject to the service terms of such payment solutions provider. You, therefore, authorize CargoAi to share certain information about you with such a third party for the purpose of processing payments and other related services. We do not assume any liability for any payment you make through the service, and all such charges paid by you for any service on the CargoAi platform are non-refundable unless otherwise determined by CargoAi.
1.1 Relationship With CargoAi
YOU ACKNOWLEDGE, AGREE, AND UNDERSTAND THAT CARGOAI IS NOT A PARTY TO THE RELATIONSHIP OR ANY DEALINGS BETWEEN USERS OF THE SERVICE. WE DO NOT PROVIDE FREIGHT SERVICES, AND WE ARE NOT THE EMPLOYER OF ANY THIRD-PARTY FREIGHT SERVICE PROVIDER. You acknowledge that we do not supervise, direct, or control a Service Provider’s work or Services performed in any manner. A Service Provider provides services to you as an independent contractor and not as an employee, joint venture, partner, agent, or franchisee of CargoAi for any purpose whatsoever.
By making a booking through CargoAi, you enter into a direct (legally binding) contractual relationship with the Service Provider at which you book.
From the point at which you make your booking, we act solely as an intermediary between you and the Service Provider, transmitting the details of your booking to the relevant service provider and sending you a confirmation email for and on behalf of the service provider.
We merely make the Services available to enable Forwarders to connect with Service Providers with ease. You are responsible for evaluating and determining the suitability of any service.
Forwarders are solely responsible for determining the suitability of a Service Provider for a service and the performance of such service. Although we will use reasonable skill and care in performing our services, we make no representations nor guarantee about a Service Provider, and you agree not to hold us responsible for, the quality, safety, or legality of a Service Provider; the qualifications, and the ability of a Service Provider to deliver the required Services.
1.2 CargoAi Messaging and Communication Service
CargoAi offers clients the ability to communicate with each other with our secure messaging feature for seamless communication of quotes, transactions, booking information, delivery and shipping notifications, and marketing. CargoAi is not a party to any message relayed between Clients but only makes the feature available. We provide, and always strive to improve, ways for our clients and organizations, to communicate with each other using our messaging feature.
1.3 Confidential Information
Users may agree to any terms they deem appropriate with respect to the confidentiality of their dealing. To the extent a Forwarder provides Confidential Information to the other, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care, and will: (a) not disclose or permit others to disclose another’s Confidential Information to anyone without first obtaining the express written consent of the owner of the Confidential Information; (b) not use or permit the use of another’s Confidential Information, except as necessary for the performance of the Services and (c) limit access to another’s Confidential Information to its personnel who need to know such information for the performance of the requested Services.
2. CargoAi Accounts: Registration and Acceptance
Account Types: In order to access and use most aspects of the Services, you must register for and maintain a user account ("Account"), either as a “Service Provider” or a “Forwarder” (“Forwarder Account,” or “Service Provider Account”). Subject to the Terms herein, certain portions of the platform are available to Site Visitors, including those portions before the creation of an account.
As described above herein in this section, CargoAi offers two types of accounts. You can only create one account per email. We reserve the right to revoke the privileges of the Account or access to or use of the Services, and those of any and all linked Accounts without warning if, in our sole discretion, false or misleading information has been provided in creating, marketing, or maintaining your Profile or Account.
Eligibility: CargoAi offers the Services for your business purposes only and not for personal, household, or consumer use. To register for an Account or use the platform, you must, and hereby represent that you will use the Services for business purposes only and will comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting, and the provision of freight and freight-related Services. You also represent that you are either a legal entity or an individual who is 18 years or older (or have otherwise reached the age of majority in the jurisdiction in which you conduct business) in each case who can form legally binding contracts.
Registration and Acceptance: Account registration requires you to submit certain personal information, such as your name, email address, business address, mobile phone number, and/or at least one valid payment method (e.g., a credit card). You agree to maintain accurate, complete, and up-to-date information in your Account.
We may also require you to provide additional optional information about you and your interest, which is not a compulsory requirement to register for a user account but may be helpful to CargoAi in improving and providing you with a more customized user experience when using the platform.
CargoAi reserves the right to decline a registration to join CargoAi for any lawful reason.
Account Profile: To register for an Account to join the Site, you must complete a User profile (“Profile”), which you consent to be shown to other Users; to be shown to the public. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information.
Usernames, Passwords, and Account Security
Each individual who uses the Service must register for their own Account. When you register for an Account, you may be asked to choose a username and password for the Account. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Service if (a) you are not authorized to use both or (b) the use would violate the Terms of Service. You hereby acknowledge and agree that CargoAi will not in any way be liable to you for any loss caused by unauthorized access to and use of your account.
3. Intellectual Property Rights, License, and Restrictions
Intellectual Property Rights: This platform is controlled and operated by CargoAi and all material on this Service, including but not limited to software, images, illustrations, text, scripts, graphics, audio clips, and video clips, and other interactive features made available to you on the Service, logos, trademarks, and service marks contained herein, are owned by CargoAi. Other service marks, logos, and names on this Service are the property of their respective owners.
Any use of the Service or the contents made available to you on the Service other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable by CargoAi at any time without notice and with or without cause.
Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
License and Restrictions: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services subject to the Terms of this Agreement. Any rights not expressly granted herein are reserved by us.
You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; or (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services.
4. Fees, Paid Services, Payment Terms, and Payment Methods
Service Fees: To help operate the CargoAi platform, including services like confirming a service booking, invoicing, standard assessment, ongoing communication, payment services, and credit card processing, CargoAi may charge a service fee for the use of the site and services.
Paid Services: As a Client and user of the services made available to you on the CargoAi, certain services may be made available to you on paid terms. If you subscribe to any of CargoAi’s paid packages, such service will be made available to you based on the terms of such package as described in the package description. Client agrees to pay the amount due for each package subscription period. Charges may include other applicable fees, federal, state, and local taxes. Charges paid by you are final and non-refundable unless otherwise determined by us.
By providing Payment Method information through the Service and authorizing payments with the Payment Method, the Client represents, warrants, and covenants that:
- (a) The Client is legally authorized to provide such information;
- (b) The Client is legally authorized to make payments using the Payment Method(s);
- (c) If Client is an employee or agent of a company or person that owns the Payment Method, that Client is authorized by the company or person to use the Payment Method to make payments on CargoAi; and
- (d) such actions do not violate the terms and conditions applicable to the Client’s use of such Payment Method(s) or applicable law.
When Client authorizes a payment using a Payment Method via the Service, Client represents and warrants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under this Agreement or the other Terms of Service cannot be collected from Client’s Payment Method(s), Client is solely responsible for paying such amounts by other means.
While we will use industry-standard efforts to ensure the security of all credit cards and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
Billing Cycle and Authorization For Automatic Payment: The Subscription Fee will be billed at the time you establish your Subscription and on an ongoing, regular basis unless you cancel your Subscription. Note that the timing of your billing may change (i.e. in the event of a problem with your Payment Method, such as an expired credit card). You irrevocably authorize and instruct us to automatically charge the fees for the package at the beginning of each billing cycle. This authorization will remain in full force and effect until you change your settings in your account to change your package Plan, otherwise notify us that you wish to revoke your authorization by contacting our Customer Support, or cancel your Account.
Updating Payment Method: You may update your Payment Method at any time within your account settings. If at any time your Payment Method is unable to be charged for the Service due to insufficient funds, expired or invalid account details, or otherwise, you remain responsible for the cost of such Service charge. is your responsibility to update and maintain the Payment Method associated with your account. In the event your Payment Method is unable to cover the Service provided to you, we reserve the right to suspend your respective account and access to the Service until the Payment Method has been updated to permit a charge on your payment method for the provided service.
Change in Package Fee: CargoAi reserves the right to make changes to the package fee at our sole discretion and will be responsible for communicating any price changes to you in accordance with the law.
Cancellation: You may cancel your subscription at any time. Please note that you must cancel your subscription before it renews for a subsequent term in order to avoid being charged for the next term’s Subscription Fee. If you cancel your subscription, the cancellation will become effective at the end of the then-current term.
No refunds: Refunds will not be provided for any subscription. We do not provide credit, refunds, or prorated billing for subscriptions that are canceled mid-term. In such a circumstance, you will continue to have access to your subscription until the end of the term’s billing cycle.
5. Feedback and User Content On Platform
We may permit you from time to time to submit, upload, publish or otherwise make available textual, audio, and/or visual content and information, including commentary and feedback related to the Services, or initiation of support requests ("User Content").
You acknowledge and agree that User feedback benefits the platform, all Users, and the efficiency of the Service and you specifically request that CargoAi post such feedback as it deems fit. You further acknowledge and agree that CargoAi will make such content available to other Users, including feedback on a completed service.
CargoAi does not generally investigate any remarks posted by Users or other User Content for accuracy or reliability and does not guarantee that User Content is accurate. You are solely responsible for your User Content, including the accuracy of any User Content, and are solely responsible for any legal action that may be instituted by other Users or third parties as a result of or in connection with your User Content. CargoAi is not legally responsible for any feedback or comments posted or made available on the Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable.
In order to protect the integrity of the feedback system and protect Users from abuse, CargoAi reserves the right (but is under no obligation) to remove posted feedback or information that, in CargoAi’ sole judgment, violates the Terms of Service or negatively affects our platform, or otherwise is inconsistent with the business interests of CargoAi.
6. User Representation and Platform Use
You hereby represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the service will be in violation of the rights of any third party, including but not limited to the copyright, trademark, publicity, privacy or other personal or proprietary rights.
Although we are committed to providing a safe user experience, we do not guarantee that the platform, or any content in it, will be safe, error-free or uninterrupted, or that it will be free from bugs or viruses. From time to time, access to the service may be interrupted, suspended, or restricted, including because of a fault, error or unforeseen circumstances, or scheduled maintenance. We shall not be liable to you for any loss or damage that you may suffer as a result of the service being unavailable at any time for any reason.
You agree, undertake and confirm that your use of the platform shall be strictly in accordance with the following binding guidelines:
- a. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- i. belongs to another person and to which you do not have any right to make use of or promotes an illegal or unauthorized copy of another person's copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;
- ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or,
- iii. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual or provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;
- iv. Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
- v. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
- vi. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; contains video, photographs, or images of another person (with a minor or an adult);
- vii. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
- viii. Solicits gambling or engages in any gambling activity which we, in our sole discretion, believes is or could be construed as being illegal;
- ix. Interferes with another user's use and enjoyment of the website or any other individual's user and enjoyment of similar services;
- x. Refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited, or violates the letter or spirit of these Terms of Service.
- b. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. We reserve our right to bar any such activity.
- c. You shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any server, computer, network, or to any of the services offered on or through the Service, by hacking, password "mining" or any other illegitimate means.
- d. You shall not probe, scan or test the vulnerability of the Service or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
- e. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person's use of the Service.
It is possible those other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Service and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Service, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Service. Please carefully select the type of information that you publicly disclose or share with others on the Service.
7. How We Communicate: Consent To Electronic Transaction, Communication and Disclosures
To the fullest extent permitted by law, these Terms and Conditions and any other agreements, notices or other communications from CargoAi to you regarding our services being offered ("Communications") may be provided to you electronically, and you consent and agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the CargoAi Service and/or delivered to your email address.
Also, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using an auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.
You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and auto-dialed) from us, our agents, representatives, affiliates, or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account with information or questions about your account. You certify, warrant, and represent that the telephone numbers that you have provided to us are your numbers and not someone else's. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to alert us whenever you stop using a particular telephone number.
All Communications in electronic format will be considered to be “in writing,” and to have been received no later than five (5) Business Days after posting or dissemination, whether or not you have received or retrieved the Communication. CargoAi reserves the right to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying us. If you revoke your consent to receive Communications electronically, we may terminate your right to use the CargoAi website or CargoAi Services, and you accept sole liability for any consequence resulting from suspension or termination of the CargoAi Services, to the extent permitted by law.
Opting-out and Withdrawal of Consent: You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward; we may still send you relevant information about your account and any transaction detail carried out between you and other users on the CargoAi platform. You further acknowledge and agree that opting out and withdrawing consent may impact your use of the CargoAi service.
8. Copyright Infringement Notification
CargoAi respects the intellectual property of others and asks its content partners and those posting to CargoAi Service to do the same. CargoAi’s network may not be used to transmit, retransmit, distribute, post, or store any material that is in violation of any rights of any person including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations, CargoAi has established procedures for enforcing this statement which is designed to be in accord with the Digital Millennium Copyright Act.
If you believe that your copyrighted work has been copied and is accessible on any of CargoAi’s Services in a way that constitutes copyright infringement, please reach out to us.
Please note that any person who knowingly misrepresents to CargoAi that material is infringing shall be liable to CargoAi and/or the alleged infringer for any damages (including costs and attorneys’ fees) suffered or incurred by CargoAi and/or the alleged infringer as a result of CargoAi’s reliance on such misrepresentation and removing or disabling access to such material. ii) Similarly, any person who knowingly misrepresents to CargoAi that the material was removed or access blocked by mistake or misidentification shall be liable to CargoAi and/or the copyright owner or its authorized licensee for any damages (including costs and attorneys’ fees) suffered or incurred by CargoAi and/or the copyright owner or its authorized licensee as a result of CargoAi’s relying on such misrepresentation and replacing such removed or blocked material
In addition to the recognition that CargoAi is not a party to any contract between Clients, you hereby release CargoAi, our Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, employees and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another Client, whether it be at law or in equity that exists as of the time you enter into this agreement.
This release includes, for example, and without limitation, any disputes regarding the performance, functions, and quality of the Services provided by a Service Provider and requests for refunds based upon disputes.
This release will not apply to a claim that CargoAi failed to meet our obligations under the Terms of Service.
10. Warranty Disclaimer
The contents on this platform have been compiled by us from internal and external sources. While we have made attempts to provide accurate and valid information on our Service, no representation is made or warranty given as to the validity, completeness, or accuracy of the contents. In particular, you should be aware that the contents may be incomplete, may contain errors, or may have become out of date. You should therefore verify information obtained from the Service before you take any action upon it. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly made herein.
OUR SITE AND THE SERVICES ARE PROVIDED “AS AVAILABLE” AND ON AN “AS-IS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION, ACCESSIBILITY, OR SECURITY OF THIS SITE, AND THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO ITS SERVICES, AND THE OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL
11. Limitation Of Liability
TO THE EXTENT PERMITTED BY LAW, WE ASSUME NO RESPONSIBILITY, AND IN NO EVENT AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE SHALL CARGOAI OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS, CLAIM, DAMAGE, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SITES, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE CARGOAI PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. WE ARE NOT RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD-PARTY SERVICE PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE CARGOAI FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING FROM OR IN ANY WAY RELATED TO ANY THIRD-PARTY PROVIDER. WE EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN YOU AND ANY THIRD-PARTY PROVIDER. THE QUALITY OF THE SERVICES SCHEDULED OR REQUESTED THROUGH THE USE OF THE CARGOAI PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY SERVICE PROVIDER WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE CARGOAI PLATFORM, YOU MAY BE EXPOSED TO SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE CARGOAI PLATFORM, AND THIRD-PARTY SERVICE PROVIDER, AT YOUR OWN RISK. NOTHING IN THIS AGREEMENT OR THE CARGOAI PLATFORM CONSTITUTES OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND.
YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. YOU AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATING TO THE SERVICES PROVIDED TO YOU BY THIRD-PARTY SERVICE PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
You hereby agree to indemnify, defend, and hold harmless CargoAi, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly:
- (i) your use or misuse of or inability to use the CargoAi Platform, and/or the Services,
- (ii) your violation of this Agreement,
- (iii) your violation of any applicable law or regulation;
- (iv) your violation of the rights of another, and
- (v) your information and content that you submit or transmit through the CargoAi Platform.
CargoAi reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of CargoAi.
13. Agreement Term and Termination
Unless both you and CargoAi expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein.
Termination by CargoAi: We may terminate this Agreement or terminate or suspend your Account immediately at any time for any reason or for no reason upon notice to you. If we terminate or suspend your Account, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to pursue any available legal action. When terminating your Account, we may delete the Account and any information in it. You have no ownership rights to your Account. Without limiting CargoAi’s other rights or remedies, we may, but are not obligated to, temporarily or indefinitely revoke or limit access to the Site/Services, deny your registration, or permanently revoke your access to the Site and refuse to provide any or all Services to you if: (i) you breach the letter or spirit of any terms and conditions of this Agreement or any other provisions of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or CargoAi or our Affiliates; may be contrary to the interests of the Site or the User community; or may involve illicit or illegal activity; or (iv) we are required to by law, legal process, or law enforcement. If your Account is temporarily or permanently closed, you may not use the Site under the same Account or a different Account or re-register under a new Account without CargoAi’s prior written consent.
Termination by You: You may terminate this Agreement by completely and permanently ceasing to use the Services (provided that there are no outstanding Services ordered under your Account). If you attempt to terminate this Agreement while there are still outstanding Services ordered under your Account, this Agreement shall not terminate until such Services have been performed or otherwise canceled as permitted by this Agreement.
14. Governing Law
The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to and construed in accordance with English law. The Courts of England shall have exclusive jurisdiction over any disputes arising out of these Terms..
After this Agreement terminates, the terms of this Agreement and the other Terms that expressly or by their nature contemplate performance, after this Agreement terminates or expires, will survive and continue in full force and effect. For example, the provisions permitting audits, protecting intellectual property, indemnification, payment of fees, reimbursement, and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates. Without limiting any other provisions of the Terms, the termination of this Agreement for any reason will not release you or CargoAi from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.
a) Severability: If any provision of these Terms is determined by a court to be unlawful, unenforceable, or invalid as a whole, the parties agree that the court shall amend that provision to achieve as nearly as possible the same effect as the original provision and the remainder of these Terms will remain in effect.
b) Waiver: No delay or omission by CargoAi to exercise any right occurring upon any noncompliance on your part with respect to any of the terms of this Terms shall impair any such right or power or be construed to be a waiver thereof. Any waiver by us of any of the covenants, conditions, or agreements to be performed by you shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained.
c) Assignability: A user may not assign these Terms, or any of its rights or obligations hereunder, without CargoAi’s prior written consent in the form of a written instrument signed by a duly authorized representative of CargoAi. We may freely assign this Agreement and the other Terms without the User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms herein are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties
d) Updates to these Terms: The Terms herein are subject to change as we may from time to time make important revisions to these terms. Any changes to these Terms will be posted on the Service. All accessing, browsing, using, framing, and/or linking to Sites is subject to the provisions of this Terms, as amended.
The contents of this website may include technical inaccuracies or typographical errors. We may publish changes to the contents at any time without prior notice to you. We may also make improvements and/or changes in the products and services and/or the features described herein at any time without prior notice to you. We shall have the right to revise and edit these contents at any time. By linking, accessing, browsing, and/or using this site, you agree to be bound by any such revisions.
e) Force Majeure: The parties to this Agreement will not be responsible for the failure to perform, or any delay in performance of, any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other conditions beyond the reasonable control of such party.
f) Entire Agreement: These Terms with other policies presented to you, constitute the entire agreement between you and us with respect to the platform and its use and supersedes all prior agreements, proposals, communications between the parties, and understandings, whether oral or written.
17. Questions or Complaints?
Feedback, comments, requests for technical support, and other communications relating to the Site and the services should be directed to us at firstname.lastname@example.org
or by post to: CargoAi Pte Ltd, 71 Ayer Rajah Crescent, Singapore 139951.