- https://cargoai.co/ (“this Site“) is the official website of CARGOAI Pte. Ltd. (“CARGO AI“). 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 consent 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, CARGO AI 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.
- CARGO AI 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 CARGO AI and posted on this Site.
Modification of Terms
- CARGO AI attempts to ensure that the information contained on this Site is as accurate as possible. However, inaccuracies may arise from time to time. CARGO AI 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 CARGO AI 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 CARGO AI 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.
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 or airline 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. All Freight Forwarder accept that the Final Carrier Agreements may differ from what is originally displayed on this Site.
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 CARGO AI stating reason(s) for such cancellation. CARGO AI 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. CARGO AI has no liability to the Users for any loss or expense due to the failure of any party not complying with this provision.
- CARGO AI 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 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 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.
- CARGO AI 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 CARGO AI 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. CARGO AI 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.
- You hereby agree to indemnify CARGO AI and hold CARGO AI 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 CARGO AI 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 CARGO AI uses all reasonable endeavours to make the Site available, CARGO AI cannot guarantee that they will operate continuously or without interruption.
- CARGO AI 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.
- When using this Site you agree:
- to use them solely to determine the availability of products and services offered by CARGO AI;
- 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;
- 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;
- 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 CARGO AI 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 CARGO AI;
- violate the Terms and Conditions or any applicable legislation in any other manner.
- If CARGO AI considers that you have breached any of these Terms & Conditions or have otherwise demonstrated inappropriate conduct when using this Site, CARGO AI 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.
Links to Third-Parties’ Websites
- This Site may contain links and pointers to internet sites maintained by third parties. CARGO AI 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.
- 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 CARGO AI 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. CARGO AI 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.
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.
- CARGO AI referenced on this Site are our trade marks. Other third-party product and company names mentioned herein may be the trademarks of their respective owners.
- 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.