Terms and Conditions
2. How CargoShare operates
For all registered Users to the CargoShare website, in the first stage, CargoShare's Parser system processes the Users emails and automatically extracts and analyses their essential characteristics. Then, the filtered information is transferred to the CargoShare platform, where, by applying appropriate algorithms, the CargoShare Platform performs the Cargo-to-Vessel matching and classifies the various available alternative matching options. In the last stage, Cargoshare performs the categorization and evaluation of the alternative matching options and converts such information to data accessible to the User who is then able to view them on his computer screen, sorted by level of efficiency. The User has the possibility to choose for security and privacy reasons from which folder Cargoshare extracts emails. The CargoShare Parser can only access and extract data and information for email set by the users. The CargoShare Parser cannot extract information contained in attachments of emails.
3. Registration to the CargoShare Website
4. Subscription Fees and Payment Terms
5. Intellectual Property Rights
Copyright The intellectual property rights over the content included in the CargoShare Website, such as, but not limited to, dashboards, charts, images, text, graphics, videos, video sequences, audio content, logos, illustrations, databases and button icons, software, source code etc (including the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content) together with the underlying software code, is the sole and exclusive property of CargoShare or its third-party licensors and are protected by the applicable local, European or international laws on intellectual property rights. The appearance and display of the Website content may not be taken as transfer and/or assignment of a license and/or a right to use thereof. You, as our User, are granted a limited license only, subject to the restrictions provided in the present terms, and specifically the terms under Section 7 below, for purposes of accessing and viewing the material contained on this Website only for information and non-commercial purposes and for personal use, and always under the condition that you do not remove any copyright or other notices that appear on the material you print or download and that you always mention the source of the content. You are granted no copyright, exploitation, licensing or editing rights whatsoever to the content irrespective of the ready availability of its retrieval. Trademarks The trademarks appearing on the CargoShare Website belong either to our Company or our licensors Partners who may or may not be affiliated with, connected to, or sponsored by us irrespective of whether or not they are marked as registered trademarks, or bear the ® symbol. You or any third party cannot use in any manner the CargoShare trademarks or any trademarks that belong to our Partners, for any commercial or other purposes without a special prior written permission from us or their respective owners. Furthermore, our Company CargoShare holds exclusive rights over the domain name cargoshare.org which is protected by the applicable legislation.
6. Access to Confidential information by CargoShare
CargoShare and its personel may access Confidential Information while providing the CargoShare Services. Specifically, any such Confidential Information means any data, content and information (including but not limited to online or offline offers, open positions, bids or placements) whether or not labelled as confidential contained in the Users’ emails folder that Users chose to connect with CargoShare and that CargoShare will obtain access to through the CargoShare Parser system. The Users acknowledge and accept that Carghoshare shall not process any information that is not necessary for its Services and all information provided to CargoShare shall be received, processed, electronically filtered, extracted and sorted by CargoShare into a Cargo-to-Ship match available to users through a dashboard for the end purpose of providing the most efficient solutions for the benefit of the Users. CargoShare shall not disclose Confidential Information to any third party and confirms that access to Confidential Information is limited to its employees and/or contractors on a need-to-know basis. CargoShare shall take all reasonable measures to protect the confidentiality and avoid the unauthorized use, disclosure, publication, or dissemination of Confidential Information; provided, however, that such measures shall be no less stringent than measures taken to protect its own confidential and proprietary information. The obligation of confidentiality shall not apply with respect to the Confidential Information if it is in the public domain at the time of the Users’ communication to CargoShare; if it is entered the public domain through no fault of CargoShare after the Users’ communication to CargoShare; If It was lawfully in CargoShare’s possession, free of any obligation of confidence, the Users’ communication to CargoShare; if Such information was independently developed by CargoShare and or if CargoShare is under a legal duty to disclose the Confidential Information pursuant to an Order of Court and/or under the applicable law to the Agreement. Before CargoShare discloses any Confidential Information pursuant to this clause, CargoShare shall, to the extent practicable and permitted by law, use all reasonable endeavours to give the client as much notice of this disclosure as possible. The User agrees that it is solely responsible for any information or data provided to the Company and for selecting from which folder the CargoShare Parser system will connect and process emails. Information or data given to CargoShare must be true, legal, accurate, and non-fraudulent.
7. Users’ Code of Conduct and Restrictions
- using any content on the CargoShare Website for any other purpose than the services offered herein;
- publishing in any media, selling, distributing, copying in whole or in part, transferring, altering, storing, republishing, amending, or reproducing and exploiting in any other manner, in any form, any part of the content or copies of the content that appears on this Website;
- decompiling, reconstructing, or creating derivative works by using any software or accompanying documentation offered by CargoShare or its licensors;
- using this Website and the CargoShare Services contrary to applicable local and international laws and regulations, or in a way that causes, or may cause, harm and damages to CargoShare, or to any third-party, individual or business entity;
- directly or indirectly, providing contact information or data to other Users for the purpose of bypassing the Subscription Fee payable to the CargoShare.
- Making available to CargoShare Information that contains viruses or other malware that may damage or interfere with the Website.
- transmitting any data downloaded from CargoShare Platform to third party systems provider(s) or third-party data provider(s) of shipping data or similar.
- building or supporting any sort of platform that may be deemed by CargoShare as competing or potentially able to compete with any of CargoShare services.
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- using this Website and the CargoShare services to engage in any advertising or marketing or to transmit or procure the sending of any unsolicited or unauthorized advertising or promotional material or any other form or similar solicitation (spam);
- coping, modifying, or distributing rights or content from the CargoShare copyrights and trademarks; using frames or frame techniques in order to frame any trademark, logo, or other proprietary information (including images, text, page layout, or format) of the Website or using any “meta-tags” or any other “hidden text” based on trade names or CargoShare trademarks without its written consent;
- reverse engineering, decompiling, disassembling or otherwise attempting to discover the source code of the CargoShare systems and platform;
- performing any action that may cause harm to the reputation of CargoShare, or from any unlawful exploitation thereof, or creating any connection that insinuates any kind of relationship of the User or a third party with CargoShare, or approval or support by CargoShare when there is none.
- creating any link outside of the Website to any part of this Website that is not available for public view. CargoShare reserves its right to remove the connection permission without justification, without penalty and without any prior notice to the User.
- impeding the operation of the Website and replacing or amending its content (images, photographs, texts, etc.)
- commissioning or facilitation of criminal offences in any manner, transmission of viruses, and any action, in general, that may lead to an unaccepted or extensive encumbrance of the infrastructure or the operation of the Website.
Notwithstanding the above, it is expressly agreed that Users are entitled:
- To continue to use, without restriction, any and all information or data which they themselves have contributed to in the CargoShare services.
- To extract, re-use, store, reproduce, represent, or keep any and all information and data displayed in the CargoShare Platform solely for internal non-commercial usage provided that the source of the information or data is expressly quoted as being “CargoShare”.
9. Links to third-party Websites/ Third Party Content
This Website might include links to other sites, which are not related to CargoShare and whose content is not controlled, edited or monitored by the latter (the “Linked Websites”). These links are only made available for the users' convenience and as an additional avenue of access to the Information contained in those other sites: they shall under no circumstances be construed as a specific or implicit approval or acceptance of the content or the services of the Linked Websites. Therefore, we do not guarantee that the content posted on the Linked Websites is correct, legal, complete, updated, true, accurate, or of good quality, and do not bear any responsibility or liability for the availability of such third-party material, advertising, products, or other materials on such Websites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any material goods or services available on or through any such linked Websites. When you use the Linked Websites, the Terms and Conditions, as well as the Data Protection Policy of each website shall apply accordingly. Access and use of third-party materials, including the information, materials and services on or available through third party materials is solely at your own risk.
10. Disclaimer of warranties and limitation of liability
Users agree to indemnify to the fullest extent permitted by applicable law, defend and hold CargoShare and CargoShare directors, officers and employees harmless of any and all claims, damages, losses, proceedings, liability and/or costs (including reasonable attorney’s fees and any damages or compensation paid by CargoShare on the advice of its legal advisers to compromise or settle any claim) CargoShare might suffer that arise out of any breach by the Users of these Terms or in connection with the use of the CargoShare Website by the Users or any actions Users take which might disrupt access to and/or the functioning of the CargoShare Website.
12. Amendments to the present Terms
You must frequently visit the the CargoShare Website Terms, as, part or all of these terms may be amended by us at any time, without justification or prior notification and without there being any other obligation for information about such amendment, except for their being posted on the Website. If we deem it necessary or if we are required by the applicable legislation to do so, we will notify you about any changes via e-mail. Notwithstanding the foregoing, your continued access or use of the Website after such changes are made conclusively demonstrates your acceptance of such changes. We expressly reserve the right, indicatively and not exclusively: a) to renew or upgrade part or the whole content of the Website; b) to renew or upgrade part or the whole of the interface, structure, or configuration of the Website, as well as its technical specification; and to c) freely amend the CargoShare Services. CargoShare Users shall shall benefit from any change or improvement of existing Services but shall not be required to subscribe to any new product or service which may be developed. In the case of release of new version of existing services, Users fully recognize and agree that CargoShare may decide to switch Users to the new version. When CargoShare releases a new version of the services to which the Users have registered, it is expressly agreed and understood by the Users that the previous version of the Services will be disconnected at a certain point of time, in CargoShare sole’s discretion.
13. Final Provisions
14. CONTACT DETAILS
For further information about us or if you have any queries or concerns regarding the present Terms and Conditions, please contact us via email at [email protected]