Terms and Conditions
CargoShare Services Terms and Conditions of Use
Welcome to CargoShare, our automated digitalized shipping solution that allows for email and data processing in order to achieve instant Cargo-to-Ship matching. CargoShare’s mission is to develop and increase the efficiency of cargo transportation. The CargoShare solution is addressed to Brokers, Shipowners and Charterers located in Greece as well as abroad. The CargoShare Parser system together with the CargoShare Cargo-to-Ship matching Platform which can be found on the website platform.cargoshaere.org have been created and are operated by the company under the trade name CargoShare P.C., having its registered office in 46 I. Dragoumi str. P.C.: 114 28, Athens Greece, with General Electronic Commercial Registry No. 157740001000 and Tax Identification Number: 801482820 - Tax Office of A’ Athens (hereinafter referred to as “CargoShare”, “ our Company”, “we”, “us”, “our”).
CargoShare platform does not participate in any way as a party to any negotiations nor to any kind of contract or chartering process concluded outside of the CargoShare platform between a Client and a third party. CargoShare platform acts exclusively as an introducer/advisor to its Users with the purpose of facilitating the users search for the most efficient instant Cargo-to-Ship matching through its algorithm-based solution and cannot and shall not commit to any specific solution for the user. Furthermore, the Users agrees that the use of the CargoShare’s platform and its acceptance of the Services does not confer or imply that any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship exists between CargoShare platform and the User and, furthermore, that no affiliation, association or connection is created between the same parties. Cargoshare platform is entitled to refuse services to any User prior to any financial transaction at its sole discretion and without bearing any liability on the matter.
• How CargoShare operates
For all registered Users to the CargoShare service, 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
The User has the possibility to choose for security and privacy reasons from which folder Cargoshare plarform 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.
• Registration to the CargoShare Service
In order to enjoy in full the CargoShare Services all Users must register and create an account to the CargoShare Website. For registration, Users must complete the “Sign up” form in the Platform, by filling in their name, surname or company name (when applicable for Companies), their e-mail, their mobile number, their VAT nr. and the password of their choice. CargoShare after having verified the user’s information, including confirmation of their VAT nr., sends an invitation email to the User, to the email address they have declared in the registration, which contains a link and asks the User to confirm and activate the user account.
Users can change their password at any time. We encourage you to use "strong" passwords (passwords that use a combination of uppercase and lowercase numbers, numbers and symbols).
Users must submit only information that is absolutely true, reliable, accurate and complete and agree to update the information in their account without delay in order to always keep it accurate and up to date. In the event that a User provides any information that is not true or accurate, or there is serious suspicion about this, CargoShare reserves the right to temporarily or permanently terminate the User's profile without further notice and to deny its current or future use.
The Users are fully and exclusively responsible for the protection of their account in the CargoShare platform as well as the password they have selected and use to log in to their account and should take care to maintain their confidentiality and security and avoid granting it to third parties in order to prevent any unauthorized access and use. In addition, each User bears the full and exclusive responsibility for any action (act or omission) carried out through their account. The Company disclaims any liability for damages arising from the use of a User's account due to unauthorized access or use of the User's account. In cases of any such loss, theft or fraudulent use of account credentials Users must notify CargoShare in a timely manner to the following email address [email protected] for CargoShare to be able to address such matter.
• Subscription Fees and Payment Terms
All Users who register to the CargoShare website enjoy fourteen (14) days of free subscription. Following the initial fourteen (14) days period, two (2) days before the end of the initial fourteen (14) days period, Users will be asked to pay the six month or annual at their discretion subscription fee (here in after referred to as the “Subscription Fee”) applicable at the time of subscription in order to continue enjoying the CargoShare Services.
The renewal of the service takes place only after the payment has been made. In the event the Users do not pay the subscription renewal fee the latest at the day of termination of their subscription period, CargoShare shall be entitled to suspend access for the Users to the CargoShare Services without notice or any formality whatsoever. In case CargoShare would have exercised its right to suspend Users’s access for the above reasons, the User shall in no circumstances be entitled to seek damages or indemnification from CargoShare for any loss of any kind whatsoever as the result of the suspension.
In order to renew their annual or six-months subscription Users will have to pay their next annual or six-months subscription before its expiry, the latest before the last day of their subscription. Fifteen days before the renewal of the subscription a notification will be sent via email and/or mobile text message to the User.
Users may cancel their subscription whenever they wish and they will continue having access to the Platform until the expiration date of the subscription for which they have already been charged. CargoShare does not provide any refunds or credit for partial use of its services.
CargoShare has the right to change its pricing plans, and/or payment terms or to start charging for services that are currently offered for free, without prior notice and without prior information to the Users, only after prior notification of the impending change via the Website in accordance with the provisions of current legislation. Any changes shall apply to future Users or to current Users’ future subscriptions.
• Intellectual Property Rights
The intellectual property rights over the content included in the CargoShare Website and platform, 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 service 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 product 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.
The trademarks appearing on the CargoShare Website and platform 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 P.C. which is protected by the applicable legislation.
• 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.
• Users’ Code of Conduct and Restrictions
• using any content on the CargoShare Webside and platform 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 and platform;
• 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 and platform, or while using this Website and platform;
• 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 and platform to any part of this Website and platform 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 platform 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”.
(a) immediate, temporary or permanent termination of a User Account and the right to use the CargoShare services or any part thereof;
(c) legal action against a User, including legal proceedings for compensation in respect of any damage caused by the infringement;
(d) disclosing any of the Users’ information to law enforcement whenever this is necessary.
• 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.
• Disclaimer of warranties and limitation of liability
Users acknowledge and agree that CargoShare merely acts as an introducer/advisory Platform to its whose services are limited to facilitating the Users’ search for the most efficient instant Cargo-to-Ship matching. CargoShare despite any success rate cannot guarantee any results to the Users. Cargoshare does not participate in any way as a party to any negotiations nor to any kind of contract or chartering process concluded outside of the CargoShare website between a Client and a third party and cannot be held responsible and liable for any reason in relation to such processes and agreements.
Furthermore, although CargoShare shall make all reasonable efforts to ensure that the information and the content provided through this service, including also but not limited to any information contained in the CargoShare Platform therein is accurate, correct and up to date, we make no representations or warranties of any kind, express or implied, as to the operation of this website and platform, the completeness, precision, timeliness, currency or accuracy and veracity of the information and material contained on this webside and platform, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, noninfringement, system integration and freedom from viruses or other harmful code. Nothing on this Website or platform shall be construed as providing consult or advice to the Users and you expressly agree that your use of these services and any reliance upon the material is at your sole risk. The service and the content therein are delivered on an “as-is” and “as-available” basis and no license to the User is implied in these disclaimers. Moreover, the Users’ connection with this Website is made with technical means and through providers of the Users’ choice and we shall not be liable in the case of suspension of access to our website for reasons beyond our control, as well as for reasons due to a technical or other weakness of the network or the involvement of third-party network operators, or to reasons of Force Majeure, or to unforeseeable circumstances and any other force majeure event.
CargoShare and/or platform might limit access to, cancel, suspend, permanently or temporarily, or terminate the operation of the whole Website or part thereof for maintenance or development purposes, always using its best endeavors to ensure that these momentary interruptions are as short as possible and that they shall take place if at all possible during times of lesser activity at any time, and by priorly notifying its Users.
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 and/or platform by the Users or any actions Users take which might disrupt access to and/or the functioning of the CargoShare Website and or platform.
• Amendments to the present Terms
You must frequently visit the the CargoShare Website and/or platform 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 and or platform 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 and/or platform;
b) to renew or upgrade part or the whole of the interface, structure, or configuration of the Website and/or platform, 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.
• Final Provisions
13.1. Entire Agreement. These Terms bind the parties (We and our Users) collectively, and constitute, as a whole, the whole contract of the parties, and prevail over any and all previous and current contracts between us the Users.
13.2. Severability. If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein. Otherwise, you agree that the term must be repaired and it will be construed in a manner that approaches the original meaning of the term/sub-term to the greatest extent, in accordance with the law.
13.4. References-Headings. In these Terms, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘such as’ or ‘in particular’ (or any similar expression) will not limit the meaning of the words appearing before such expression. The headings contained in these terms and conditions are set for reference purposes alone and shall not affect the meaning or interpretation thereof.
13.5. Assignment. It is prohibited to assign, grant or in any other way or transfer any of the rights arising from these Terms.
13.6. Governing law- Jurisdiction. These terms are governed by and construed in accordance with the laws of Greece. Both Parties, upon acceptance of these Terms and Conditions, agree to be subject to the exclusive jurisdiction of the courts of Athens, Greece.
• 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]