Terms and Conditions

General

https://cargoai.co/ (“this Site“) is the official website of CARGOAI Pte. Ltd. (“CARGOAI“) and includes but is not limited to CargoMART (app.cargoai.co) and its affiliate websites, as well as the official distribution of the CargoAi product on CargoCONNECT (via RapidAPI and via direct API integrations) Your access and use of this Site constitute your acceptance and agreement (the “Agreement”) to be bound by these terms and conditions of use (“Terms and Conditions”). You represent and warrant you possess the legal right and ability to enter into this Agreement and to use this Site in accordance with all Terms and Conditions herein. If you do not agree to be bound by these Terms and Conditions, please discontinue your access and do not use this Site.

In case of any violation of these Terms and Conditions, CARGOAI reserves the right to seek all remedies available under the law and in equity for such violations. These Terms and Conditions apply in respect of any and all visits to this Site, both now and in the future.

CARGOAI may, from time to time and at its sole and absolute discretion, amend these Terms and Conditions without prior notice. The amended Terms and Conditions will be posted on this Site. Your access and use of this Site after the amended Terms and Conditions have been posted, will constitute your acceptance and agreement to be bound by the amended Terms and Conditions. For the avoidance of doubt, references to these “Terms and Conditions” shall include such Terms and Conditions as amended from time to time by CARGOAI and posted on this Site.

Modification of Terms

CARGOAI attempts to ensure that the information contained on this Site is as accurate as possible. However, inaccuracies may arise from time to time. CARGOAI accepts no responsibility for any errors in the information contained on this Site.

This Site contains, inter alia, information about the products and services of CARGOAI or a third party is offering. This information and all other materials on this Site are provided in good faith. By using this Site, you agree and acknowledge that CARGOAI may update, change, or amend the Terms and Conditions at any time without advance notice.

Any updated Terms and Conditions will become effective, once posted on this Site, and will not have any retrospective effect on existing contractual arrangements made through this Site. You should re-read these Terms and Conditions every time you visit this Site to ensure that you are aware of all the relevant and most current Terms and Conditions. Accordingly, your continued access and use of this Site, after any change, is deemed to be your acceptance of the modified Terms and Conditions. For the avoidance of doubt, references to these “Terms and Conditions” shall include such Terms and Conditions as amended from time to time by CARGOAI and posted on this Site.

Conditions of Carriage & Contract

You accept that the data (including, but not limited to, displayed rates, transit times, type of services) displayed on this Site are for estimations and information only. All engagement of services provided by any carrier, airline or partner agent listed on this Site, including, but not limited to, its executives, officers, employees, agents and representatives who are using this Site (“Carrier”) and engaged by freight forwarder, including, but not limited to, its executives, officers, employees, agents and representatives who are using this Site (“Freight Forwarder”) (Freight Forwarder and Carrier are collectively referred to as “Users”) are subject to the revised rates, standard published terms and conditions, conditions of carriage, conditions of contract of the Carrier concerned, bill of lading, general rules tariff and any other conditions provided by the Carrier concerned (collectively referred to as “Final Carrier Agreements”); which shall be communicated, finalised and confirmed privately between the Carrier and the Freight Forwarder concerned, and to the ground charges and associated conditions provided by the Partner Agent concerned, which shall be communicated, finalised and confirmed privately between the Freight Forwarder and the Partner Agent concerned. All Freight Forwarder accept that the Final Carrier Agreements and possible Partner Agent Agreement for import freight services may differ from what is originally displayed on this Site.

Use of CargoMART Paid services

Access- You may subscribe to Paid Services. During the Subscription Term, we will provide you access to use the Subscription Service as described in these terms and the applicable quote or order. You may subscribe to add-ons which correspond to additional features of the Subscription Service by placing an additional Order or activating the additional add-ons or features from within your CargoMART account (if this option is made available by us.). These Terms will apply to all additional quotes or orders and all additional features that you activate from within your CargoAi account.

Subscription Fees- The Subscription Fee will remain fixed during the initial term of your subscription unless you exceed the applicable limits, expand your base subscription, or subscribe to add-ons. Upon renewal, we may increase your Subscription Fees up to our then-current list price set out in our website. If this increase applies to you, we will notify you at least thirty (30) days in advance of your renewal and the increased fees will apply at the start of the next renewal term. If you do not agree to this increase, either party can choose to terminate your subscription at the end of your then-current term.

Payment of Fees- If you are paying by credit card, you authorize us to charge your Authorized Payment Method for all fees payable during the Subscription Term. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.

Sales Tax- All fees are exclusive of taxes, which we will charge as applicable.

Money Back Guarantee- Subject to these terms, CargoAi offers a 14-day money-back guarantee ("Guarantee") on CargoMART Pro Paid services. If dissatisfied, you may request a full refund within 14 days of purchase by contacting our customer support. CargoAi reserves the right to refuse a refund if it determines, in its sole discretion, that the customer has abused this Guarantee or is not acting in good faith.

Term and Renewal- Your initial subscription term will be specified in your quote or order, and, unless otherwise specified in your quote or order, your subscription will automatically renew for one year.

Notice of Non-Renewal- Unless otherwise specified in your Order, to prevent renewal of your subscription, you or we must give written 1 month notice of non-renewal. If you decide not to renew, you may send this non-renewal notice to us by your account manager or our support email address indicating that you do not want to renew.

Early Cancellation- You may choose to cancel your subscription early at your convenience provided that, we will not provide any refunds of prepaid fees or unused Subscription Fees, and you will promptly pay all unpaid fees due through the end of the Subscription Term.

Waiver of Penalties

Whenever a finalised transaction or finalised service to be performed by Carrier are cancelled by the either the Carrier or the Freight Forwarder due to whatever reason(s), the cancelling party can apply for waiver of penalty charges by presenting written document to CARGOAI stating reason(s) for such cancellation. CARGOAI reserves all rights and sole discretions in deciding on whether reason(s) provided are reasonable and acceptable, and whether the applicable penalty charges will be waived.

Limitation of Liability and Disclaimer of Warranties

The Users are responsible for and warrants their compliance with all applicable laws, rules, and regulations including, but not limited to, customs laws, import and export laws and governmental regulation of any country to, from, through or over which the shipment may be carried. The Users agrees to furnish such information to comply with such laws, rules, and regulations. CARGOAI has no liability to the Users for any loss or expense due to the failure of any party not complying with this provision. CARGOAI is not liable for any loss, damage, delay, mis-delivery and/or non-delivery caused by:

failure by any party to comply with delivery and/or other instructions;
the act, negligence, default, or omission of the Carrier and/or the Freight Forwarders or Partner Agent and/or any other party who claims interest in the shipment;
the nature of the shipment or any defect thereof;
violation(s) of Final Carrier Agreements by the Carrier and/or Freight Forwarders or Partner Agents and/or any other party who claims interest in the shipment including, but not limited to, improper or insufficient packing, securing, marking or addressing, or of failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions; and
the acts of God, perils of the air, public enemies, public authorities, acts or omissions of Customs or quarantine officials, war, riots, strikes, labour disputes, weather conditions or mechanical delay or failure of aircraft or other equipment.

CARGOAI makes no representations or warranties, either expressed or implied, with respect to this Site or the contents and, to the fullest extent permissible under the law, disclaims all such representations and warranties.

Subject to applicable law, under no circumstance is CARGOAI responsible for any direct or indirect, incidental, special, punitive, exemplary or consequential damages of any kind (including, but not limited to, lost profits, lost savings or revenue, or loss or corruption of data or information) which arises out of or is in any way connected with your use of or inability to use this Site whether based on breach of contract, tort, negligence, product liability or otherwise, even if advised of the possibility of such damages.

Your access to and use of this Site is solely at your own risk. CARGOAI’s priority is to maintain a safe and secure environment for its service provision and is compliant with ISO 27001 standard. However CARGOAI makes no warranty whatsoever about the reliability, stability, or virus-free nature of this Site.

You shall obtain your own professional and/or legal advice and conduct all necessary due diligence, including, but not limited to, making such other investigations, or seeking clarifications as may be appropriate, as regards any decision or action that you intend to take in relation to any matter concerning all information and materials contained in this Site.

Indemnity

You hereby agree to indemnify CARGOAI and hold CARGOAI harmless from and against any and all claims, losses, liabilities, costs, and expenses (including, but not limited to, legal costs and expenses on a full indemnity basis) made against or suffered or incurred by CARGOAI however arising directly or indirectly from:

your access to or use of this Site; or
your breach of any of these Terms & Conditions.

Site Availability & Right of Access

While CARGOAI uses all reasonable endeavours to make the Site available, CARGOAI cannot guarantee that they will operate continuously or without interruption. CARGOAI may, at its sole and absolute discretion, grant or refuse permission to use this Site, and impose such conditions for the use of this Site as it deems fit.

Acceptable Use

When using this Site you agree:

to use them solely to determine the availability of and use the products and services offered by CARGOAI;
not to deface, alter or interfere with the front end “look and feel” of this Site or the underlying software code;
not to take any action which will impose an unreasonable or disproportionately large load on this Site or related infrastructure;
to full and timely payment of all amounts due;
that all fees, assessments, charges, taxes, and duties arising out of use of this Site are your sole responsibility;
to refrain from doing anything which will or might damage, interfere with, disrupt access to, interrupt or impair the functionality of the material available on this Site, nor to upload any material that contains any computer viruses or other codes, files or programs designed to interrupt, destroy, or limit the functionality of any software or equipment;
to not use the Services in any manner that substantially exceeds typical use projections, including but not limited to storage and bandwidth consumption. We may change the limits that apply to your use of the CargoAi Services at any time in our sole discretion without notice to you, regardless of whether or not these are used in conjunction with other Subscription Services for which you pay us a fee;
that unlawful bookings, use of inaccurate location, identity and point of sale information and other similar unlawful, fraudulent, abusive and improper uses of our software and the carrier data, including any activity that poses a security risk to CargoAi or its airlines partners, are strictly prohibited;
that changing the content for any reason or forwarding the content is strictly forbidden for any purpose other than for making and servicing bookings. Similarly, further modification, adaptation, copy, or other exploitation of the carrier content for any other purpose than making and servicing bookings is strictly prohibited;
refrain from posting, distributing or otherwise uploading any defamatory, libellous, offensive, infringing, obscene, indecent, harmful, threatening, abusive, tortuous, racially, or ethnically objectionable or otherwise unlawful material or information or send any chain letters, junk mail, ‘spamming’ material or any other form of bulk communication;
not to threaten, harass, stalk, abuse, disrupt or otherwise violate the rights of others, including individuals’ privacy rights;
not to obtain or attempt to obtain unauthorized access to this Site or any private or member account areas on this Site, nor to impersonate any person or misrepresent your affiliation with another person;
not do, cause, or permit anything to be done that may neither infringe, damage, or interfere with any intellectual property rights of CARGOAI or any of our associated companies or third parties;
not to do anything that is otherwise unlawful, or which may create any liability on the part of CARGOAI;
violate the Terms and Conditions or any applicable legislation in any other manner.

If CARGOAI considers that you have breached any of these Terms & Conditions or have otherwise demonstrated inappropriate conduct when using this Site, CARGOAI reserves the right to:

issue a warning for breaching these Terms and Conditions, and demand you to stop such conduct;
delete any material or content which you may have posted without any prior notice;
take measures (including terminating, suspending, or restricting your access) to, and preventing you from using this Site;
report your activities to an internet service provider and/or relevant authorities; and
take legal action against you.

Affiliates of CargoAi

CargoAI will retain ownership of all IP in the CargoAI Platforms, the CargoAI Materials, the CargoAI Service, the Integration & Service Information and any parts of the Affiliates Platforms developed by CargoAI;
CargoAI grants to Affiliates a worldwide, revocable, royalty-free, non-exclusive, non-assignable licence to use the CargoAI IP solely to the extent and for the purpose of distribution of the CargoAI Platforms via the Affiliate Platforms, receipt of the CargoAI Service and exercise of Affiliates rights and obligations under these Terms;
Affiliates may only use the CargoAI Materials to make the CargoAI Platforms available on the Affiliate Platforms. Affiliates will not directly or indirectly integrate, combine or otherwise make the CargoAI Materials (or any part thereof) available with its own content and/or the content of any CargoAI Competitor. Affiliates will not amend or create derivative works based on or derived from the CargoAI Materials other than as strictly necessary for the operation of the Affiliate Platforms as contemplated by these Terms;
Affiliates will not adversely affect CargoAI’s position in the market or affect its relationship with any airfreight capacity supplier; and
Affiliates will comply with the CargoAI Security, Privacy and Processing Requirements, as published on the CargoAI website.

Links to Third-Parties’ Websites

This Site may contain links and pointers to internet sites maintained by third parties. CARGOAI does not operate or control in any respect any information, products, or services on such third-party sites. Third-party links and pointers are included for your convenience and do not constitute any endorsement by us. You assume sole responsibility for use of third-party links and pointers.

Data Usage

By using CargoAI's services, you acknowledge and agree that once you provide any business data to CargoAI, CargoAI has the right to share this data with its partners (such as airlines) to facilitate the provision of services to you. Additionally, when you provide any business data to CargoAI's partners, these partners may share this data with CargoAI for the same purpose. You agree to the collection, use, and sharing of your data between CargoAI and its partners, and understand that this data may also be used to enhance service delivery, improve user experience, conduct market research, and for other purposes as outlined in CargoAI's Privacy Policy.

Privacy Policy

Unless expressly agreed otherwise in writing, by visiting our websites and related applications, whether on a computer, phone, tablet, or any other electronic device (these are all referred to as “Device(s)”), you accept that CARGOAI may collect, hold, store, process (by electronic and non-electronic means), utilize and share information about you, your Devices and your use of our Site including, but not limited to, the company name, any profile details provided by the Users, user behaviour (such as bidding patterns and preferences) for the purposes of meeting regulatory requirements, meeting tax and audit requirements, improving and enhancing our services and the Site, market research, marketing, advertising, promotions and/or communications. CARGOAI may also share information about you, your Devices, and your use of our Services with our suppliers, trusted business partners and/or Users, pursuant to written agreements which include confidentiality, privacy, and security obligations. You also acknowledge and agree that CargoAI partners, such as airlines, may share business data with CargoAI to facilitate the provision of CargoAI's services and may do in accordance with their own privacy policies and terms of service.

Copyright and Trademarks

All content of this Site is subject to copyright. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from this Site. CARGOAI referenced on this Site are our trademarks. Other third-party product and company names mentioned herein may be the trademarks of their respective owners.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Singapore, and you agree to submit to the non-exclusive jurisdiction of the courts of Singapore.