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Terms & Conditions

TERMS AND CONDITIONS BUYERS

  1. Cogoport is a digital platform that connects buyers and sellers of freight services. Cogoport acts as an intermediary enabling the buyers and sellers to conclude a contract with each other. Cogoport never acts as a carrier, freight forwarder, shipbroker or or any other logistics service provider or similar concept under any law, convention or regulation.  
  2. The domain name www.cogoport.com (the "Site") is owned by Cogo Freight Private Limited, a company incorporated under the Indian Companies Act, 2013 with its registered office at Office No. S6-3, 6th Floor, Pinnacle Business Park, Mahakali Caves Road, Andheri East, Mumbai – 400093, Maharashtra, India. The objective of the Site is to provide a digital ocean logistics services platform offering multiple ocean freight booking options with competitive pricing, real time shipment status, and historical analysis displayed on the Site. The Site simply serves as an online marketplace for buyers and sellers of freight services to meet, buy and sell services.  
  3. By clicking on the ‘I AGREE’ button and by your continued use of the Site, you agree that you accept and understand these terms and conditions and our policies relating to the use of the Site and that you are legally bound by these terms and conditions and our policies, as they may be modified by us from time to time. If you do not agree to the terms and conditions or our policies, please do not use the Site.  
  4. Under these terms and conditions, we limit our liability to you and you indemnify us against certain losses we may suffer. These terms and conditions include all modifications up to and including today’s date.  
  1. DEFINITIONS AND INTERPRETATIONS

    1. The following words contained in these terms and conditions shall, unless the context otherwise requires or explicitly provides otherwise, have the following meanings:

      Buyer

      any Person who is willing to buy Freight Services from a Seller using the Site, also referred to in these terms and conditions as "you";

      Cogoport

      Cogoport Europe B.V..;  

      Force Majeure Event

      any event that is beyond the reasonable control of Cogoport and shall include – but shall not be limited to - any act of God, fire, flood, explosion, earthquake, terrorist attack, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, civil disturbances, cyber-attacks, cybercrime, computer hacking, unauthorised access to computer data and storage device, computer crashes, virus attacks, breach of security and encryption, and/or any  circumstance that Cogoport could not have avoided and the consequences of which it could not have prevented;

      Freight Services

      the services provided by Sellers (not by Cogoport) including providing, offering to sell and selling services of moving cargo from one location to another (full container loads, both ocean transport and door-to-door transport), domestic and/or international, and/or associated services including freight insurance or customs brokerage services;  

      Information

      any requests for quotes you list, any information you provide to us or other Users of the Site in the registration, bidding or listing process, in public messages (which includes any feedback you may provide regarding Users), through any email feature that we provide, and includes descriptions of the Services and any other content you post within the Site;  

      Membership

      the membership of a User to use the Site after registration;  

      Person

      an individual, a company, a corporation, a partnership, a joint venture, a trust, an unincorporated organization and any other legal entity;  

      Seller

      any Person who is willing to provide Freight Services to a Buyer using the Site;  

      Services

      the services provided by Cogoport through the Site, providing a digital platform connecting Buyers and Sellers and offering multiple ocean freight booking options with competitive pricing, real time shipment status, and historical analysis displayed on the Site;  

      Site

      www.cogoport.com;  

      Transaction

      the acceptance of a quote from a Seller by a Buyer that leads to the contract between the Buyer and Seller in relation to the provision of Freight Services;  

      User

      a Person that makes use of the Site and/or Services, including Buyers and Sellers, also referred to in these terms and conditions as "you".  

    2. A reference to "we", "us", "our" and "company" is a reference to Cogoport. The references to "you" and "your" refer collectively to you, and each of your employees, agents, subcontractors, related legal entities and/or other third parties who access the Site on your behalf and acting with your express or implied authority.  
  2. APPLICABILITY TERMS AND CONDITIONS

    1. These terms and conditions apply to the legal relationship between Cogoport and a Buyer. These terms and conditions will continue to apply after termination of the legal relationship. Any reference to terms and conditions of the Buyer is hereby explicitly rejected by Cogoport. Terms and conditions of the Seller may apply to the Transaction.
    2. Access to the Site is subject to your acceptance of these terms and conditions. Cogoport’s policies relating to the use of the Site and the Cogoport Privacy Policy also apply to you.  
    3. Cogoport may at any time modify any of these terms and conditions or policies. Unless we notify you in writing or otherwise, the modification is effective upon being posted on the Site. You agree to check this Site regularly for modifications or other notices. Your continued use of the Site following a modification constitutes your acceptance of all modifications posted on this Site. If you do not agree to a modification, you may terminate your Membership by notifying us in writing and/or discontinue using this Site and/or the Services. If, after any modification, you continue to use the Site, you will be considered to have accepted the terms and conditions that apply at that time.  
  3. COGOPORT’S SERVICES

    1. Cogoport offers Services to Users by connecting Buyers and Sellers via a digital platform (the Site). Cogoport enables Buyers and Sellers to conclude a contract with each other (the Transaction). Cogoport acts as an intermediary within the meaning of Article 7:425 Dutch Civil Code only and will not become a party to the contract between the Buyer and Seller (the Transaction). You hereby explicitly agree that Cogoport can act as an intermediary on behalf of both the Buyer and the Seller.  
    2. Cogoport does not act as a carrier, NVOCC, shipping company or line, shipper association, freight forwarder, forwarding agent, shipbroker, customs broker or any other logistics service provider or similar concept under any law, convention or regulation.  
    3. Cogoport will not provide and/or issue any means of transport, containers, bills of lading, waybills, consignment notes, customs declarations or any other documents for the purpose of or in relation to Freight Services.  
    4. Cogoport is no party to any contract of carriage neither can it be considered as shipper, beneficial cargo owner, merchant, consignor, consignee, receiver, holder or similar party under the contract of carriage, bill of lading and/or the conditions applicable thereto.  
    5. In return, Cogoport and Sellers both keep a margin on rates and Cogoport earns revenue through advertisement and/or Sellers of Freight Services pay a commission to us for each Transaction they enter into through the Site.  
  4. FRAUD

    1. Without limiting any remedies available to us at law or under these terms and conditions Cogoport may, at its sole discretion, suspend or terminate your Membership if we reasonably suspect or believe, or are informed by a government agency that you have engaged in or may engage in fraudulent or illegal activity using, or otherwise in connection with your use of the Site and you will have no claim whatsoever against Cogoport in respect of any suspension or termination of your Membership under this clause.  
  5. WARRANTIES

    1. You can only use the Site and/or Services if:
      1. you are eligible and competent to perform legal acts within the meaning of the laws of the Netherlands;  
      2. you are 18 years or older;  
      3. you have the right and authority to bind the Person on whose behalf you are acting;  
      4. you only provide information that is true, accurate and complete;  
      5. you will not infringe or permit or assist any other Person to infringe the intellectual property rights of Cogoport from time to time and use your best efforts to protect and prevent such intellectual property rights from such infringement by unauthorized third parties;  
      6. you will comply with all obligations under all applicable laws;  
      7. your Membership details are correct and you will update your Membership details if they change;  
      8. you will not approach a User in order to complete a transaction unless you do so via the Site; and
      9. you have made your own investigation and performed sufficient due diligence on the Site to fully inform yourself about the functions and operation of the Site and have not relied on any representations made by Cogoport or any other Person in relation to the Site.  
    2. Cogoport may, at its sole discretion, terminate, block or suspend any Person’s Membership without prior notice and/or refuse to provide this Person’s access to the Site if it is brought to Cogoport’s attention or if Cogoport has reasonable grounds to suspect that such Person does not comply with any of the warranties mentioned in clause 5.1 of these terms and conditions.  
  6. ACCESS TO THE SITE AND USE OF THE SITE

    1. Cogoport is under no obligation to provide access to the Site or guarantee its availability or operation in any form and may suspend or terminate access to the Site or make changes to the Site at any time without noticing.  
    2. Furthermore, Cogoport does not give any guarantee about:  
      1. the accuracy, veracity, timeliness or content of any information or data contained on the Site and any other associated website;  
      2. the backup or business continuity in respect of the Site;
      3. the merchantability, fitness, quality or suitability for a particular purpose of the Site or data located on the Site;  
      4. any Transaction or any guarantee of business with Cogoport; and/or
      5. the Site or data being error or malicious code free, secure, confidential, performing at any particular standard, or having any particular function.  
    3. Cogoport may require you to use a user name and password or other authentication or security method in order to access and use the Site. You must keep your user name and password secure at all times.  
    4. Cogoport provides Services on an "as is", "with all faults" and "as available" basis.  
  7. MEMBERSHIP  

    1. Cogoport reserves the right to change the Services and suspend, terminate or restrict your Membership at any time, in accordance with these terms and conditions. If Cogoport changes the Services, or suspend or terminate your Membership, you may be prevented from accessing our Services and/or the Site either temporarily or permanently. If your Membership is suspended or terminated, you are prohibited from applying for a new Membership account with Cogoport.  
    2. Your Membership is not transferable. Your account (including feedback and any associated user identification) may not be dealt with in any way by any third parties. You must not allow third parties to use your account and you must not transfer or sell your account to a third party. You shall be responsible for maintaining the confidentiality and security of the password and for all activities that occur in and through your account.  
    3. As a User, you are responsible for maintaining control of your account and for any activity that occurs on your account. To maintain the safety of the Site and Services, you must report any authorized use of your account and associated user identification to us as soon as possible after becoming aware of the unauthorized use. Any response from Cogoport regarding this will be sent to the email address that was used at the time of registration.  
    4. You shall ensure that you exit from the account at the end of each session. Use of another user’s account information for availing the Services or the Site is prohibited.
    5. You acknowledge that Cogoport does not validate or otherwise authenticate, certify, confirm or endorse Users, nor does it endorse or guarantee the provision of the services of Users, or make any guarantees as to payment of the services by a User. All direct communications, both verbal and written, are between Users. Cogoport has no control over and does not verify the accuracy of any information provided by a User.  
  8. INFORMATION

    1. You are solely responsible for the Information you provide. You shall keep your Information up-to-date. You shall not provide Information that is potentially or actually harmful or causes damages to Cogoport, the Site or any third party and/or is in contravention of any laws, rules and regulation.  
    2. Cogoport is a passive conduit for the online distribution and publication of your Information. Cogoport is not responsible for the content of the Information you provide. Cogoport may remove your Information from the Site at its sole discretion.  
  9. TRANSACTIONS  

    1. Cogoport provides the Site as a digital platform that connects Buyers and Sellers of Freight Services. Cogoport is not involved in the actual contract between the Buyer and Seller in respect of Freight Services (the Transaction). Cogoport does not become a party to the Transaction.  
    2. Cogoport does not ensure or guarantee that a User will actually complete a transaction or act lawfully in using the Site. When you enter into a Transaction, this creates a legally binding contract with another User. You are responsible for ensuring that you comply with all your obligations to that User. If you do not comply with your obligations, you may become liable towards that User. Likewise, if another User breaches an obligation to you, you are solely responsible for enforcing any rights that you may have against that User. Furthermore, you shall ensure that you are aware of the relevant laws applicable to you in purchasing Freight Services and providing the cargo to be shipped. Unless we advise otherwise on the Site, we do not offer any insurance or purchaser protection.  
    3. Cogoport may send you communications and notices regarding your Transactions and your account on the Site. These communications are not an endorsement, guarantee or a legitimization of the Transaction.  
    4. Cogoport has no control over the adequacy and/or accuracy of the Freight Services for your use, safety and legality of the cargo to be shipped, and Cogoport has no control over the quality, safety or legality of Freight Services or of Sellers.
    5. Cogoport may make a record of all of your Transactions. Cogoport is not liable for any loss of data, technical or otherwise, Information, particulars supplied by you, due to a Force Majeure Event.  
  10. CANCELLATIONS  

    1. In the event a shipment does not proceed after a quote is accepted on the Site by the Buyer, but before any Freight Services are performed by or on behalf of the Seller, a cancellation is deemed to have occurred. In the event of a cancellation, the User may be contacted and requested to provide information that confirms the basis of the cancellation. This may include written confirmation of the cancellation signed by both the Buyer and the Seller, including reasons for the cancellation, identification of the party responsible for the cancellation, and comments. A cancellation is not deemed to have occurred if a shipment is delayed or rescheduled at a time suitable to both the Buyer and the Seller.
    2. A cancellation will entitle Cogoport at its sole discretion, to terminate a User’s Membership. If Cogoport does not terminate a User’s Membership, it may do so for a subsequent cancellation. Multiple cancellations by a User may impact its Cogoport rating.
  11. FEEDBACK

    1. Cogoport has a User-initiated feedback system to provide evaluations of the Users. Any feedback provided by you, or third parties in relation to your activities on the Site is owned by Cogoport. You may use the feedback only for the purposes of conducting your activities on the Site and only while you remain a User. You must not use your feedback on this Site in any other venue or for any other purpose. You must not do or omit to do anything that will or is likely to undermine the integrity of the feedback system.  
    2. You shall not place feedback that is defamatory, false or misleading, offensive, libelous, derogatory, hateful, racially or ethnically objectionable language. Further, you shall not post any content on the Site that is obscene, pornographic, provocative or indecent in any other way. We can suspend or terminate your Membership if we are concerned by any feedback about you.
  12. OBLIGATIONS OF BUYER  

    1. The following terms shall be applicable to you, in addition to the other terms in these terms and conditions and our policies:  
      1. where you purchase services through a fixed price format, agree to a quote or provide a counter-bid on services which is accepted by the Seller, you agree with the Seller to be bound by the terms and conditions applicable to the performance of the Freight Services included in the listing description and as otherwise agreed to between you and the Seller;
      2. subject to any legal right to the contrary you are obliged to complete the transaction with the Seller;  
      3. when requesting a quote, you must describe the requirements for the services you wish to purchase, fully and accurately. Your listing must only include content relevant to the quote;  
      4. the listing must be your own work or work that you are legally entitled to use;  
      5. you must be legally able to transport the cargo for which you are requesting the quote;  
      6. Cogoport neither confirms nor verifies the quotes given by you and/or the Seller;  
      7. Cogoport will not be a party to the Transaction between you and the Seller. The Seller will be solely responsible for performing all obligations under any agreements with you in relation to the order placed;  
      8. you shall be required to make payments to Cogoport for using the Freight Services;  
      9. if the shipment is not received within the duration indicated in the order or is not in accordance with the specifications indicated in the order, you must inform Cogoport about the same through the Site. Any dispute relating to the delivery of shipment shall be resolved directly between you and the Seller, and Cogoport shall be, under no circumstance, liable or responsible for the same;  
      10. Cogoport does not guarantee or warrant that:
        1. there would be a satisfactory response or any response at all, once you provide the shipping requirements;
        2. the Seller has the necessary licenses for providing the Freight Services under all applicable laws; and/or
        3. the Freight Services will be provided skilfully and competently in a workmanlike manner; and
      11. you shall be solely responsible for undertaking appropriate and effective due diligence and related analysis before entering into any transaction with a Seller. Cogoport does not guarantee the quality of the Freight Services being provided to you.  
  13. UNAUTHORIZED ACTIVITIES  

    1. You are not permitted to:
      1. modify, adapt, or otherwise alter the Site;
      2. interfere, in any way, with the listings of other Users of the Site;
      3. provide false, misleading, deceptive or otherwise inaccurate Information;
      4. act fraudulently;
      5. engage in any activities that may result in the price of the goods and Freight Services being manipulated;
      6. copy, reproduce, create derivative works or publicly display any content contained in the Site (with the exception of your own Information);
      7. infringe any third party’s copyright, patent, trade mark, trade secret, confidential information, or any other proprietary or intellectual property rights a third party may have;
      8. provide or facilitate another Person's access to or otherwise make available, the Site or any part of the Site, to another Person, or reproduce the Site or any part of the Site;
      9. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
      10. take any action that will result in an unreasonable or disproportionately large load being imposed on our infrastructure;
      11. directly or indirectly link to or include descriptions of services that:
        1. are prohibited under these terms and conditions;
        2. are listed for sale on a website that is not the Site; or
        3. you do not have a right to link to or otherwise include in your description of goods or services;  
      12. list any item on our Site, or complete any transaction that was initiated using our Services, if payment of the listing fee or commission fee is likely to cause us to violate an applicable law, statute or regulation, these terms and conditions or any of our policies;
      13. knowingly being involved in the shipping of counterfeit, stolen items, people and/or restricted and/or forbidden cargo;
      14. violate any applicable law, statute, regulation or other applicable law or policy (including but not limited to those governing export and import control, consumer protection, unfair competition, and criminal law);
      15. refers to any website or URL that, at Cogoport’s sole discretion, contains material that is inappropriate for the Site or any other website, contains content that would be prohibited or violates the letter or spirit of these terms and conditions;
      16. use any robot, spider, other automatic device or manual process to monitor or copy the Site, or content contained in the Site except for tools provided by us to monitor a booking;
      17. remove, disable, defeat, or otherwise circumvent any functionality of the Site, including a requirement to use a user name and password or other authentication method, or other security protection or preventative measures against unauthorized use;
      18. damage, disrupt, disable or otherwise impair the operation of the Site or interfere with the use of the Site by other Persons, including introduce a virus, Trojan horse or other malware into the Site intended to cause damage, breach, malfunction, or other undesired effects to the Site, or carry out a denial of service attack;
      19. collude with, enter into an agreement with or correspond with another User or other Person to avoid paying us commission; and/or
      20. knowingly avoid our commission.  
    2. Cogoport may, at its sole discretion, terminate, block or suspend any Person’s Membership without prior notice and/or refuse to provide this Person’s access to the Site if it is brought to Cogoport’s attention or if Cogoport has reasonable grounds to suspect that such Person performs any unauthorized activity as mentioned in clause 13.1 of these terms and conditions.  
    3. You shall take all steps reasonably within your power to mitigate, prevent or stop any such conduct and provide all assistance reasonably requested by us in relation to any actions or proceedings we may take against any other Person for any such unauthorized activities.  
    4. You must immediately notify Cogoport if you become aware of any suspected or actual:
      1. unauthorized activity;
      2. prohibited disclosure or use of your user name and password, or any confidential information; and/or
      3. existence or exploitation of any security vulnerability, weakness, or threat on the Site.  
  14. LIABILITY OF COGOPORT  

    1. Cogoport will not be liable for damage in any form (including – but not limited to – loss of data, indirect damages, consequential loss, pure economic loss, loss of opportunity, loss of revenue or profit, wrongful death, personal injury, property damage, penalties and fines, costs or any other loss) sustained by you, your servants, agents, employees, insurers and third parties for whom you are liable pursuant to any legal relationship, unless you prove that the damage is a direct result of wilful intent or gross negligence of Cogoport itself or its management.  
    2. Notwithstanding clause 14.1 of these terms and conditions Cogoport shall not be liable for any loss or damage of, and for any costs incurred by a User, carriers, owners and charterers of means of transport (including – but not limited to – vessels) or other third parties in relation to the Transaction and/or Freight Services. If Cogoport is nevertheless liable for any damage, loss or claim, such liability shall be limited to an amount of EUR 500.- per event or series of event with the same cause with a maximum annual aggregate liability equal to the amount of EUR 10,000.-.  
    3. Every claim against Cogoport in relation to the Site and/or the Services shall become time-barred after twelve (12) months, unless Cogoport has agreed upon a time-extension in writing. The term shall commence on the day following the day on which the claim has become due and payable, or the day following the day on which you had knowledge of the claim/loss.  
  15. LIABILITY OF USER; INDEMNIFACTION  

    1. You shall be fully liable for any loss or damage of, and for any costs incurred by Cogoport in relation to your use of the Site, any breach or infringement of any rights or terms in these terms and conditions or our policies and any other default, unlawful act or omission on your part. Your use of the Site shall be considered as every use of the Site that occurs through the use of your user name and password. Each act or omission in the course of accessing the Site is deemed to have been performed by you, regardless of whether that act or omission was undertaken by you.  
    2. You shall immediately fully indemnify Cogoport in the event that another User or a third party claims any loss or damage or costs in relation to your use of the Site, any breach or infringement of any rights or terms in these terms and conditions and any other default, unlawful act or omission on your part. This indemnification shall also include reasonable attorney’s fees and any other legal costs incurred by Cogoport or its insurer, employee, agent or servant for defending any such claim from another User or a third party.  
    3. You shall bear any risks relating to or arising from the Transaction and/or Freight Services. You shall be solely and exclusively liable for the fulfilment of the obligations towards the other User or a third party arising from the Transaction and/or Freight Services.
    4. Unless the claim is a direct and proven result of wilful intent or gross negligence of Cogoport or its management, you shall be liable and you shall immediately fully indemnify Cogoport in the event that another User or a third party claims – in relation to your use of the Site or the Transaction and/or Freight Services you are involved in –  any fees, (alleged) damages, losses, costs, freight, charges, expenses, fines, levies, penalties, handling or storage costs, demurrage or other amounts in relation to the Transaction and/or Freight Services from Cogoport or its insurer, employee, servant or agent. This indemnification shall also include reasonable attorney’s fees and any other legal costs incurred by Cogoport or its insurer, employee, agent or servant for defending any claim from another User or a third party in relation to the Transaction and/or Freight Services.  
  16. FORCE MAJEURE EVENT

    1. Cogoport shall not be obliged to provide Services in case of a Force Majeure Event. Cogoport shall not be liable for any failure, partial failure or delay in performing the Services to the extent that the same is caused by a Force Majeure Event.  
    2. In case of a Force Majeure Event, Cogoport will be entitled to immediately terminate the Membership.  
    3. For the avoidance of doubt: no events or circumstances arising during, or in relation to, the Transaction and/or Freight Services characterize as force majeure of the User towards Cogoport.  
  17. THIRD PARTY PROTECTION

    1. Any of Cogoport’s employees, affiliated companies, subcontractors, agents, representatives or others who have received an order from or who have been appointed or engaged by Cogoport, shall enjoy the same protection as Cogoport and shall be entitled to invoke these terms and conditions against you.  
  18. LICENSE

    1. You hereby grant Cogoport an irrevocable, non-exclusive, perpetual, royalty-free, sub-licensable, worldwide license to use of your Information, names and/or logos and to do all acts comprised in the copyright and to exercise the publicity and database rights you may have, in any media, in respect of the Information, names and/or logos. Such use by Cogoport shall not constitute a violation or infringement of your intellectual property rights. Cogoport will only use the Information, names and/or logos in accordance with Cogoport’s Privacy Policy.  
  19. CONFIDENTIAL INFORMATION

    1. Unless provided otherwise by us in writing, you must keep confidential, and not use or disclose, any of our information (including material obtained through the Site and your user name and password for the Site) that is marked as confidential information or which is by its nature confidential information, excluding information which is public knowledge (other than as a result of breach of confidentiality by you), is in your prior possession or that is otherwise acquired or developed by you independently of us. Upon our written request, you must, unless prohibited by relevant local laws, return or destroy all copies of confidential information in your custody or control.  
  20. NON-IDENTIFABLE USER DATA

    1. Cogoport shall be entitled to obtain and aggregate technical and other data about your use of the Site and Services that is non-personally identifiable with respect to you, whether as a Buyer or a Seller ("Aggregated Anonymous Data"). We shall further be entitled to use the Aggregated Anonymous Data to improve, support and operate the Services. It is however clarified that you will not be identified as the source of any Aggregated Anonymous Data and no personal information will be collected as a part of Aggregate Anonymous Data.  
  21. PRIVACY

    1. Our Privacy Policy sets out the information (including personal information) we collect, and how we use it, when you access and use the Site. In addition to our privacy policy, we receive, collect and store any information you enter on the Site or provide us in any other way. In addition, we collect the Internet Protocol (IP) address used to connect your computer to the Internet, login, email address, password, computer and connection information and purchase history. We may use software tools to measure and collect session information. We also collect personally identifiable information (including name, email, password, communications), payment details (including credit card information), comments, feedback, and reviews. We collect such information for, among others, the following purposes:
      1. to provide and operate the Services;
      2. to provide Users with ongoing customer assistance and technical support;
      3. to be able to contact Users with general or personalized service-related notices and promotional messages;
      4. to create aggregated statistical data and other aggregated and/or inferred Non-Personal Information, which we or our business partners may use to provide and improve our respective services; and  
      5. to comply with any applicable laws and regulations.
    2. In the event that the processing of your personal information is based on consent and you opt out, you should neither visit the Site nor use any Services provided by Cogoport nor shall you contact any of the Cogoport-entities. Further, Cogoport may not deliver products to you, upon your order, or Cogoport may deny you access from using certain services offered on the Site.  
    3. Your personal information will be disclosed to other Users of the Site in the event that the User contacts us and claims that you and the other User are in dispute in relation to a Transaction, in order for the dispute to be resolved. If you wish to obtain more information about the Cogoport Privacy Policy, including how to access personal information we hold about you, seek the correction of information held about you, or how to complain about a breach of the Privacy Policy and how Cogoport will deal with such a complaint, the Cogoport Privacy Policy may be accessed here https://www.cogoport.com/privacy-policy.  
    4. We may disclose your personal information to an overseas and/or domestic service provider, for example an overseas/domestic freight forwarder or carrier that is a User, an import/export organization, travel provider, a cloud data center or a customer information call center. Our overseas service providers may be located in Europe, the Americas, Asia or Africa. You hereby expressly agree that we are allowed to disclose your information to a Cogoport supplier without obtaining your consent prior to each disclosure as far as this is allowed under relevant privacy legislation. If it is not practicable or reasonable for us to gain your consent to disclose your personal information to an overseas service provider, we will take reasonable steps to notify you of the specific countries where we disclose your personal information. We will take reasonable steps to ensure that the overseas services provider is bound by privacy and confidentiality obligations. If you wish to speak with Cogoport about the Privacy Policy, you may do so by contacting us support@cogoport.com.
    5. Cogoport respects and complies with the EU General Data Protection Regulations (the "GDPR"). Our Privacy Policy explains our compliance with the GDPR in detail. Some of the key ways we comply with the GDPR are as follows:
      1. Consent: we clearly inform you about what you are specifically consenting to in case the processing is based on consent. Additionally you are able to freely give and withdraw your consent;  
      2. Breach Notification: in the event of a breach, we will notify the relevant authorities within 72 hours of first having become aware of the breach, unless the breach is unlikely to result in a risk to the rights and freedoms of natural persons. If necessary, we will notify the affected users as soon as possible;  
      3. Right to Access: Users can request confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Upon your request, we shall provide a copy of the personal data in an electronic format;  
      4. Data Portability: if applicable, we allow you to receive the personal data concerning you, which we will provide in a "commonly used and machine-readable format" and you have the right to transmit that data to another "controller"; and
      5. Privacy by Design: we implement appropriate technical and organizational measures, in an effective way, in order to meet the requirements of the GDPR and protect the rights of data subjects. We hold and process only the data absolutely necessary for the completion of our duties (data minimization), as well as limiting the access to personal data to those needing to act out the processing.
  22. INTELLECTUAL PROPERTY

    1. The Site includes material that may be protected by copyright, trade mark, or other intellectual property right pursuant to the laws of the Netherlands or elsewhere and all rights in relation to such material are owned by or licensed to us unless otherwise stated. You hereby acknowledge that the Services constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by Cogoport through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Cogoport and such others. You thereby agree to protect the proprietary rights of Cogoport during and after the term of these terms and conditions. You may not selectively download portions of the Site without retaining the copyright notices. You may download material from the Site only for the purpose intended by these terms and conditions. Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available remedies under applicable laws of the Netherlands.  
    2. You shall not publicly use Cogoport’s name, logos or any other intellectual property without the prior written approval of Cogoport and where such use is permitted by Cogoport, you shall adhere to the media usage guidelines provided by Cogoport.  
  23. NOTICES

    1. Any notices or queries in relation to the Site or these terms and conditions must be directed to:  

      Cogoport Europe B.V.

      Chamber of Commerce Number

      74437576

      VAT Number  

      858715144B01

      RSIN

      858715144

      Tax Identification Number

      858715144  

  24. DISPUTES BETWEEN USERS AND THIRD PARTIES

    1. Cogoport does not guarantee that Transactions between Users will not lead to disputes. We are not responsible for resolving disputes between you and other Users or any third parties. If you have a dispute with one or more User(s) and/or any third party, all disputes shall be resolved between you and the relevant User(s) and/or third party, without any interference of Cogoport.  
    2. You hereby agree that if we are contacted by a User that claims to have a dispute with you regarding the provision of Freight Services, we can release your contact information to that User and/or any other authorities and Persons at our sole discretion in order for the dispute to be resolved, in conformity with the applicable privacy laws.  
    3. You hereby irrevocably and unconditionally release Cogoport from all claims, demands and damages arising out or connected with the dispute or our release of your contact information.  
  25. MISCELLANEOUS

    1. These terms and conditions and the legal relationship between Cogoport and you do not constitute an agency, partnership, joint venture, employment, power of attorney or other similar relationship in whatsoever nature. You do not have the authority to bind Cogoport or its affiliated companies or related entities in any way.  
    2. Should any (part of a) provision of these terms and conditions be or become partially void or nonbinding, Cogoport and you will be bound by the remaining (part(s) of the) provisions. Cogoport and you will replace the void and nonbinding parts by parts which will be valid and binding and the legal consequences thereof must, in view of the contents and scope of these terms and conditions, correspond as much as possible with those of the void and nonbinding part thereof.
    3. You shall not assign, transfer or encumber your rights or obligations under these terms and conditions or the legal relationship with Cogoport without the prior written consent of Cogoport. Cogoport may at all times assign, transfer or encumber any rights or obligations under these terms and conditions or the legal relationship with you.  
  26. JURISDICTION AND CHOICE OF LAW

    1. These terms and conditions and the legal relationship between Cogoport and you shall exclusively be governed by the laws of the Netherlands.  
    2. In the event you have a dispute with Cogoport, this should be reported to Cogoport via email at support@cogoport.com to enable us to attempt to resolve the dispute.  
    3. Any and all claims and disputes against Cogoport that cannot be resolved out of Court – whether contractual or non-contractual – shall be exclusively submitted to the competent Court in Rotterdam, the Netherlands. Cogoport may at its sole discretion submit claims against Users to the Court in Rotterdam, the Netherlands or the competent Court in a place where the User has a registered office.  

TERMS AND CONDITIONS SELLERS

  1. Cogoport is a digital platform that connects buyers and sellers of freight services. Cogoport acts as an intermediary enabling the buyers and sellers to conclude a contract with each other. Cogoport never acts as a carrier, freight forwarder, shipbroker or or any other logistics service provider or similar concept under any law, convention or regulation.  
  2. The domain name www.cogoport.com (the ""Site"") is owned by Cogo Freight Private Limited, a company incorporated under the Indian Companies Act, 2013 with its registered office at Office No. S6-3, 6th Floor, Pinnacle Business Park, Mahakali Caves Road, Andheri East, Mumbai – 400093, Maharashtra, India. The objective of the Site is to provide a digital ocean logistics services platform offering multiple ocean freight booking options with competitive pricing, real time shipment status, and historical analysis displayed on the Site. The Site simply serves as an online marketplace for buyers and sellers of freight services to meet, buy and sell services.  
  3. By clicking on the ‘I AGREE’ button and by your continued use of the Site, you agree that you accept and understand these terms and conditions and our policies relating to the use of the Site and that you are legally bound by these terms and conditions and our policies, as they may be modified by us from time to time. If you do not agree to the terms and conditions or our policies, please do not use the Site.  
  4. Under these terms and conditions, we limit our liability to you and you indemnify us against certain losses we may suffer. These terms and conditions include all modifications up to and including today’s date.  
  1. DEFINITIONS AND INTERPRETATIONS

    1. The following words contained in these terms and conditions shall, unless the context otherwise requires or explicitly provides otherwise, have the following meanings:

      Buyer

      any Person who is willing to buy Freight Services from a Seller using the Site;

      Cogoport

      Cogoport Europe B.V.;  

      Force Majeure Event

      any event that is beyond the reasonable control of Cogoport and shall include – but shall not be limited to - any act of God, fire, flood, explosion, earthquake, terrorist attack, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, civil disturbances, cyber-attacks, cybercrime, computer hacking, unauthorised access to computer data and storage device, computer crashes, virus attacks, breach of security and encryption, and/or any  circumstance that Cogoport could not have avoided and the consequences of which it could not have prevented;

      Freight Services

      the services provided by Sellers (not by Cogoport) including providing, offering to sell and selling services of moving cargo from one location to another (full container loads, both ocean transport and door-to-door transport), domestic and/or international, and/or associated services including freight insurance or customs brokerage services;  

      Information

      any requests for quotes you list, any information you provide to us or other Users of the Site in the registration, bidding or listing process, in public messages (which includes any feedback you may provide regarding Users), through any email feature that we provide, and includes descriptions of the Services and any other content you post within the Site;  

      Membership

      the membership of a User to use the Site after registration;  

      Person

      an individual, a company, a corporation, a partnership, a joint venture, a trust, an unincorporated organization and any other legal entity;  

      Seller

      any Person who is willing to provide Freight Services to a Buyer using the Site, also referred to in these terms and conditions as ""you"";  

      Services

      the services provided by Cogoport through the Site, providing a digital platform connecting Buyers and Sellers and offering multiple ocean freight booking options with competitive pricing, real time shipment status, and historical analysis displayed on the Site;  

      Site

      www.cogoport.com;  

      Transaction

      the acceptance of a quote from a Seller by a Buyer that leads to the contract between the Buyer and Seller in relation to the provision of Freight Services;  

      User

      a Person that makes use of the Site and/or Services, including Buyers and Sellers, also referred to in these terms and conditions as ""you"".  

    2. A reference to ""we"", ""us"", ""our"" and ""company"" is a reference to Cogoport. The references to ""you"" and ""your"" refer collectively to you, and each of your employees, agents, subcontractors, related legal entities and/or other third parties who access the Site on your behalf and acting with your express or implied authority.  
  2. APPLICABILITY TERMS AND CONDITIONS

    1. These terms and conditions apply to the legal relationship between Cogoport and a Seller. These terms and conditions will continue to apply after termination of the legal relationship. Any reference to terms and conditions of the Seller is hereby explicitly rejected by Cogoport. Terms and conditions of the Seller may apply to the Transaction.
    2. Access to the Site is subject to your acceptance of these terms and conditions. Cogoport’s policies relating to the use of the Site and the Cogoport Privacy Policy also apply to you.  
    3. Cogoport may at any time modify any of these terms and conditions or policies. Unless we notify you in writing or otherwise, the modification is effective upon being posted on the Site. You agree to check this Site regularly for modifications or other notices. Your continued use of the Site following a modification constitutes your acceptance of all modifications posted on this Site. If you do not agree to a modification, you may terminate your Membership by notifying us in writing and/or discontinue using this Site and/or the Services. If, after any modification, you continue to use the Site, you will be considered to have accepted the terms and conditions that apply at that time.  
  3. COGOPORT’S SERVICES

    1. Cogoport offers Services to Users by connecting Buyers and Sellers via a digital platform (the Site). Cogoport enables Buyers and Sellers to conclude a contract with each other (the Transaction). Cogoport acts as an intermediary within the meaning of Article 7:425 Dutch Civil Code only and will not become a party to the contract between the Buyer and Seller (the Transaction). You hereby explicitly agree that Cogoport can act as an intermediary on behalf of both the Buyer and the Seller.  
    2. Cogoport does not act as a carrier, NVOCC, shipping company or line, shipper association, freight forwarder, forwarding agent, shipbroker, customs broker or any other logistics service provider or similar concept under any law, convention or regulation.  
    3. Cogoport will not provide and/or issue any means of transport, containers, bills of lading, waybills, consignment notes, customs declarations or any other documents for the purpose of or in relation to Freight Services.  
    4. Cogoport is no party to any contract of carriage neither can it be considered as shipper, beneficial cargo owner, merchant, consignor, consignee, receiver, holder or similar party under the contract of carriage, bill of lading and/or the conditions applicable thereto.  
    5. In return, Cogoport and Sellers both keep a margin on rates and Cogoport earns revenue through advertisement and/or Sellers of Freight Services pay a commission to us for each Transaction they enter into through the Site.  
  4. FRAUD

    1. Without limiting any remedies available to us at law or under these terms and conditions Cogoport may, at its sole discretion, suspend or terminate your Membership if we reasonably suspect or believe, or are informed by a government agency that you have engaged in or may engage in fraudulent or illegal activity using, or otherwise in connection with your use of the Site and you will have no claim whatsoever against Cogoport in respect of any suspension or termination of your Membership under this clause.  
  5. WARRANTIES

    1. You can only use the Site and/or Services if:
      1. you are eligible and competent to perform legal acts within the meaning of the laws of the Netherlands;  
      2. you have the right and authority to bind the Person on whose behalf you are acting;  
      3. you only provide information that is true, accurate and complete;  
      4. you will not infringe or permit or assist any other Person to infringe the intellectual property rights of Cogoport from time to time and use your best efforts to protect and prevent such intellectual property rights from such infringement by unauthorized third parties;  
      5. you will comply with all obligations under all applicable laws;  
      6. your Membership details are correct and you will update your Membership details if they change;  
      7. you will not approach a User in order to complete a transaction unless you do so via the Site; and
      8. you have made your own investigation and performed sufficient due diligence on the Site to fully inform yourself about the functions and operation of the Site and have not relied on any representations made by Cogoport or any other Person in relation to the Site.  
    2. Cogoport may, at its sole discretion, terminate, block or suspend any Person’s Membership without prior notice and/or refuse to provide this Person’s access to the Site if it is brought to Cogoport’s attention or if Cogoport has reasonable grounds to suspect that such Person does not comply with any of the warranties mentioned in clause 5.1 of these terms and conditions.  
  6. ACCESS TO THE SITE AND USE OF THE SITE

    1. Cogoport is under no obligation to provide access to the Site or guarantee its availability or operation in any form and may suspend or terminate access to the Site or make changes to the Site at any time without noticing.  
    2. Furthermore, Cogoport does not give any guarantee about:
      1. the accuracy, veracity, timeliness or content of any information or data contained on the Site and any other associated website;  
      2. the backup or business continuity in respect of the Site;
      3. the merchantability, fitness, quality or suitability for a particular purpose of the Site or data located on the Site;  
      4. any Transaction or any guarantee of business with Cogoport; and/or
      5. the Site or data being error or malicious code free, secure, confidential, performing at any particular standard, or having any particular function.  
    3. Cogoport may require you to use a user name and password or other authentication or security method in order to access and use the Site. You must keep your user name and password secure at all times.  
    4. Cogoport provides Services on an ""as is"", ""with all faults"" and ""as available"" basis.  
  7. MEMBERSHIP

    1. Cogoport reserves the right to change the Services and suspend, terminate or restrict your Membership at any time, in accordance with these terms and conditions. If Cogoport changes the Services, or suspend or terminate your Membership, you may be prevented from accessing our Services and/or the Site either temporarily or permanently. If your Membership is suspended or terminated, you are prohibited from applying for a new Membership account with Cogoport.  
    2. Your Membership is not transferable. Your account (including feedback and any associated user identification) may not be dealt with in any way by any third parties. You must not allow third parties to use your account and you must not transfer or sell your account to a third party. You shall be responsible for maintaining the confidentiality and security of the password and for all activities that occur in and through your account.  
    3. As a User, you are responsible for maintaining control of your account and for any activity that occurs on your account. To maintain the safety of the Site and Services, you must report any authorized use of your account and associated user identification to us as soon as possible after becoming aware of the unauthorized use. Any response from Cogoport regarding this will be sent to the email address that was used at the time of registration.  
    4. You shall ensure that you exit from the account at the end of each session. Use of another user’s account information for availing the Services or the Site is prohibited.
    5. You acknowledge that Cogoport does not validate or otherwise authenticate, certify, confirm or endorse Users, nor does it endorse or guarantee the provision of the services of Users, or make any guarantees as to payment of the services by a User. All direct communications, both verbal and written, are between Users. Cogoport has no control over and does not verify the accuracy of any information provided by a User.  
  8. INFORMATION

    1. You are solely responsible for the Information you provide. You shall keep your Information up-to-date. You shall not provide Information that is potentially or actually harmful or causes damages to Cogoport, the Site or any third party and/or is in contravention of any laws, rules and regulation.  
    2. Cogoport is a passive conduit for the online distribution and publication of your Information. Cogoport is not responsible for the content of the Information you provide. Cogoport may remove your Information from the Site at its sole discretion.  
  9. TRANSACTIONS  

    1. Cogoport provides the Site as a digital platform that connects Buyers and Sellers of Freight Services. Cogoport is not involved in the actual contract between the Buyer and Seller in respect of Freight Services (the Transaction). Cogoport does not become a party to the Transaction.  
    2. Cogoport does not ensure or guarantee that a User will actually complete a transaction or act lawfully in using the Site. When you enter into a Transaction, this creates a legally binding contract with another User. You are responsible for ensuring that you comply with all your obligations to that User. If you do not comply with your obligations, you may become liable towards that User. Likewise, if another User breaches an obligation to you, you are solely responsible for enforcing any rights that you may have against that User. Furthermore, you shall ensure that you are aware of the relevant laws applicable to you in selling Freight Services and providing the cargo to be shipped. Unless we advise otherwise on the Site, we do not offer any insurance or purchaser protection.  
    3. Cogoport may send you communications and notices regarding your Transactions and your account on the Site. These communications are not an endorsement, guarantee or a legitimization of the Transaction.  
    4. Cogoport has no control over the adequacy and/or accuracy of the Freight Services for your use, safety and legality of the cargo to be shipped, and Cogoport has no control over the quality, safety or legality of Freight Services.
    5. Cogoport may make a record of all of your Transactions. Cogoport is not liable for any loss of data, technical or otherwise, Information, particulars supplied by you, due to a Force Majeure Event.  
  10. CANCELLATIONS  

    1. In the event a shipment does not proceed after a quote is accepted on the Site by the Buyer, but before any Freight Services are performed by or on behalf of the Seller, a cancellation is deemed to have occurred. In the event of a cancellation, the User may be contacted and requested to provide information that confirms the basis of the cancellation. This may include written confirmation of the cancellation signed by both the Buyer and the Seller, including reasons for the cancellation, identification of the party responsible for the cancellation, and comments. A cancellation is not deemed to have occurred if a shipment is delayed or rescheduled at a time suitable to both the Buyer and the Seller.
    2. A cancellation will entitle Cogoport at its sole discretion, to terminate a User’s Membership. If Cogoport does not terminate a User’s Membership, it may do so for a subsequent cancellation. Multiple cancellations by a User may impact its Cogoport rating.
  11. FEEDBACK

    1. Cogoport has a User-initiated feedback system to provide evaluations of the Users. Any feedback provided by you, or third parties in relation to your activities on the Site is owned by Cogoport. You may use the feedback only for the purposes of conducting your activities on the Site and only while you remain a User. You must not use your feedback on this Site in any other venue or for any other purpose. You must not do or omit to do anything that will or is likely to undermine the integrity of the feedback system.  
    2. You shall not place feedback that is defamatory, false or misleading, offensive, libelous, derogatory, hateful, racially or ethnically objectionable language. Further, you shall not post any content on the Site that is obscene, pornographic, provocative or indecent in any other way. We can suspend or terminate your Membership if we are concerned by any feedback about you.
  12. OBLIGATIONS OF SELLER

    1. The following terms shall be applicable to you, in addition to the other terms in these terms and conditions and our policies:
      1. you warrant and agree to maintain in full force for the duration of the Transaction and the Freight Services, all consents, approvals, authorizations, licenses, orders, registrations, clearances and qualifications, being of a governmental, corporate or other nature, necessary for the performance of Freight Services by you;  
      2. you shall be required to provide details of your rates to Cogoport, along with such other information as may be required by Cogoport for the provision of Services;
      3. you hereby authorize Cogoport to:  
        1. automate price quotes based on the rates you provide;  
        2. advertise and promote your Freight Services on the Site; and
        3. create a profile page for you to share basic information with Buyers about your organization, services offered and reviews;  
      4. your acceptance of these terms and conditions constitutes consent for Cogoport to perform the Services for you;  
      5. you are solely responsible for ensuring that correct rates are furnished by you on the Site. Once you provide the rates and they are published by Cogoport, such rates shall constitute fully binding offers on your part. If a Buyer places an order based on the specified rates, it shall become a binding contract between you and the Buyer;  
      6. you shall be required to specify separately costs of additional services such as, inter alia, customs brokerage, insurance, and costs for shipment of hazardous materials etc., for inclusion or exclusion by the Buyer;  
      7. once the shipment is delivered, you shall be required to inform Cogoport about the same through the Site;  
      8. you shall be solely responsible for updating the rates provided to Cogoport from time to time. Cogoport shall not be liable for any loss or damages arising from your failure to do so;  
      9. Cogoport shall not guarantee or warrant that:
        1. there would be a satisfactory response or any response at all, once the rates are provided by Cogoport to the Buyer;
        2. you will be able to fully or partially collect the amounts due to you from the Buyer; and/or
        3. using the Site or Services will result in higher number of customers or increased revenue for you; and
      10. you shall be solely responsible for undertaking appropriate and effective due diligence and related analysis before entering into any transaction with a Buyer.  
  13. UNAUTHORIZED ACTIVITIES  

    1. You are not permitted to:
      1. modify, adapt, or otherwise alter the Site;
      2. interfere, in any way, with the listings of other Users of the Site;
      3. provide false, misleading, deceptive or otherwise inaccurate Information;
      4. act fraudulently;
      5. engage in any activities that may result in the price of the goods and Freight Services being manipulated;
      6. copy, reproduce, create derivative works or publicly display any content contained in the Site (with the exception of your own Information);
      7. infringe any third party’s copyright, patent, trade mark, trade secret, confidential information, or any other proprietary or intellectual property rights a third party may have;
      8. provide or facilitate another Person's access to or otherwise make available, the Site or any part of the Site, to another Person, or reproduce the Site or any part of the Site;
      9. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
      10. take any action that will result in an unreasonable or disproportionately large load being imposed on our infrastructure;
      11. directly or indirectly link to or include descriptions of services that:
        1. are prohibited under these terms and conditions;
        2. are listed for sale on a website that is not the Site; or
        3. you do not have a right to link to or otherwise include in your description of goods or services;  
      12. list any item on our Site, or complete any transaction that was initiated using our Services, if payment of the listing fee or commission fee is likely to cause us to violate an applicable law, statute or regulation, these terms and conditions or any of our policies;
      13. knowingly being involved in the shipping of counterfeit, stolen items, people and/or restricted and/or forbidden cargo;
      14. violate any applicable law, statute, regulation or other applicable law or policy (including but not limited to those governing export and import control, consumer protection, unfair competition, and criminal law);
      15. refers to any website or URL that, at Cogoport’s sole discretion, contains material that is inappropriate for the Site or any other website, contains content that would be prohibited or violates the letter or spirit of these terms and conditions;
      16. use any robot, spider, other automatic device or manual process to monitor or copy the Site, or content contained in the Site except for tools provided by us to monitor a booking;
      17. remove, disable, defeat, or otherwise circumvent any functionality of the Site, including a requirement to use a user name and password or other authentication method, or other security protection or preventative measures against unauthorized use;
      18. damage, disrupt, disable or otherwise impair the operation of the Site or interfere with the use of the Site by other Persons, including introduce a virus, Trojan horse or other malware into the Site intended to cause damage, breach, malfunction, or other undesired effects to the Site, or carry out a denial of service attack;
      19. collude with, enter into an agreement with or correspond with another User or other Person to avoid paying us commission; and/or
      20. knowingly avoid our commission.  
    2. Cogoport may, at its sole discretion, terminate, block or suspend any Person’s Membership without prior notice and/or refuse to provide this Person’s access to the Site if it is brought to Cogoport’s attention or if Cogoport has reasonable grounds to suspect that such Person performs any unauthorized activity as mentioned in clause 13.1 of these terms and conditions.  
    3. You shall take all steps reasonably within your power to mitigate, prevent or stop any such conduct and provide all assistance reasonably requested by us in relation to any actions or proceedings we may take against any other Person for any such unauthorized activities.  
    4. You must immediately notify Cogoport if you become aware of any suspected or actual:
      1. unauthorized activity;
      2. prohibited disclosure or use of your user name and password, or any confidential information; and/or
      3. existence or exploitation of any security vulnerability, weakness, or threat on the Site.  
  14. LIABILITY OF COGOPORT  

    1. Cogoport will not be liable for damage in any form (including – but not limited to – loss of data, indirect damages, consequential loss, pure economic loss, loss of opportunity, loss of revenue or profit, wrongful death, personal injury, property damage, penalties and fines, costs or any other loss) sustained by you, your servants, agents, employees, insurers and third parties for whom you are liable pursuant to any legal relationship, unless you prove that the damage is a direct result of wilful intent or gross negligence of Cogoport itself or its management.  
    2. Notwithstanding clause 14.1 of these terms and conditions Cogoport shall not be liable for any loss or damage of, and for any costs incurred by a User, carriers, owners and charterers of means of transport (including – but not limited to – vessels) or other third parties in relation to the Transaction and/or Freight Services. If Cogoport is nevertheless liable for any damage, loss or claim, such liability shall be limited to an amount of EUR 500.- per event or series of event with the same cause with a maximum annual aggregate liability equal to the amount of EUR 10,000.-.  
    3. Every claim against Cogoport in relation to the Site and/or the Services shall become time-barred after twelve (12) months, unless Cogoport has agreed upon a time-extension in writing. The term shall commence on the day following the day on which the claim has become due and payable, or the day following the day on which you had knowledge of the claim/loss.  
  15. LIABILITY OF USER; INDEMNIFACTION  

    1. You shall be fully liable for any loss or damage of, and for any costs incurred by Cogoport in relation to your use of the Site, any breach or infringement of any rights or terms in these terms and conditions or our policies and any other default, unlawful act or omission on your part. Your use of the Site shall be considered as every use of the Site that occurs through the use of your user name and password. Each act or omission in the course of accessing the Site is deemed to have been performed by you, regardless of whether that act or omission was undertaken by you.  
    2. You shall immediately fully indemnify Cogoport in the event that another User or a third party claims any loss or damage or costs in relation to your use of the Site, any breach or infringement of any rights or terms in these terms and conditions and any other default, unlawful act or omission on your part. This indemnification shall also include reasonable attorney’s fees and any other legal costs incurred by Cogoport or its insurer, employee, agent or servant for defending any such claim from another User or a third party.  
    3. You shall bear any risks relating to or arising from the Transaction and/or Freight Services. You shall be solely and exclusively liable for the fulfilment of the obligations towards the other User or a third party arising from the Transaction and/or Freight Services.
    4. Unless the claim is a direct and proven result of wilful intent or gross negligence of Cogoport or its management, you shall be liable and you shall immediately fully indemnify Cogoport in the event that another User or a third party claims – in relation to your use of the Site or the Transaction and/or Freight Services you are involved in –  any fees, (alleged) damages, losses, costs, freight, charges, expenses, fines, levies, penalties, handling or storage costs, demurrage or other amounts in relation to the Transaction and/or Freight Services from Cogoport or its insurer, employee, servant or agent. This indemnification shall also include reasonable attorney’s fees and any other legal costs incurred by Cogoport or its insurer, employee, agent or servant for defending any claim from another User or a third party in relation to the Transaction and/or Freight Services.  
  16. FORCE MAJEURE EVENT

    1. Cogoport shall not be obliged to provide Services in case of a Force Majeure Event. Cogoport shall not be liable for any failure, partial failure or delay in performing the Services to the extent that the same is caused by a Force Majeure Event.  
    2. In case of a Force Majeure Event, Cogoport will be entitled to immediately terminate the Membership.  
    3. For the avoidance of doubt: no events or circumstances arising during, or in relation to, the Transaction and/or Freight Services characterize as force majeure of the User towards Cogoport.  
  17. THIRD PARTY PROTECTION

    1. Any of Cogoport’s employees, affiliated companies, subcontractors, agents, representatives or others who have received an order from or who have been appointed or engaged by Cogoport, shall enjoy the same protection as Cogoport and shall be entitled to invoke these terms and conditions against you.  
  18. LICENSE

    1. You hereby grant Cogoport an irrevocable, non-exclusive, perpetual, royalty-free, sub-licensable, worldwide license to use of your Information, names and/or logos and to do all acts comprised in the copyright and to exercise the publicity and database rights you may have, in any media, in respect of the Information, names and/or logos. Such use by Cogoport shall not constitute a violation or infringement of your intellectual property rights. Cogoport will only use the Information, names and/or logos in accordance with Cogoport’s Privacy Policy.  
  19. CONFIDENTIAL INFORMATION

    1. Unless provided otherwise by us in writing, you must keep confidential, and not use or disclose, any of our information (including material obtained through the Site and your user name and password for the Site) that is marked as confidential information or which is by its nature confidential information, excluding information which is public knowledge (other than as a result of breach of confidentiality by you), is in your prior possession or that is otherwise acquired or developed by you independently of us. Upon our written request, you must, unless prohibited by relevant local laws, return or destroy all copies of confidential information in your custody or control.  
  20. NON-IDENTIFABLE USER DATA

    1. Cogoport shall be entitled to obtain and aggregate technical and other data about your use of the Site and Services that is non-personally identifiable with respect to you, whether as a Buyer or a Seller (""Aggregated Anonymous Data""). We shall further be entitled to use the Aggregated Anonymous Data to improve, support and operate the Services. It is however clarified that you will not be identified as the source of any Aggregated Anonymous Data and no personal information will be collected as a part of Aggregate Anonymous Data.  
  21. PRIVACY

    1. Our Privacy Policy sets out the information (including personal information) we collect, and how we use it, when you access and use the Site. In addition to our privacy policy, we receive, collect and store any information you enter on the Site or provide us in any other way. In addition, we collect the Internet Protocol (IP) address used to connect your computer to the Internet, login, email address, password, computer and connection information and purchase history. We may use software tools to measure and collect session information. We also collect personally identifiable information (including name, email, password, communications), payment details (including credit card information), comments, feedback, and reviews. We collect such information for, among others, the following purposes:
      1. to provide and operate the Services;
      2. to provide Users with ongoing customer assistance and technical support;
      3. to be able to contact Users with general or personalized service-related notices and promotional messages;
      4. to create aggregated statistical data and other aggregated and/or inferred Non-Personal Information, which we or our business partners may use to provide and improve our respective services; and  
      5. to comply with any applicable laws and regulations.
    2. In the event that the processing of your personal information is based on consent and you opt out, you should neither visit the Site nor use any Services provided by Cogoport nor shall you contact any of the Cogoport-entities. Further, Cogoport may not deliver products to you, upon your order, or Cogoport may deny you access from using certain services offered on the Site.  
    3. Your personal information will be disclosed to other Users of the Site in the event that the User contacts us and claims that you and the other User are in dispute in relation to a Transaction, in order for the dispute to be resolved. If you wish to obtain more information about the Cogoport Privacy Policy, including how to access personal information we hold about you, seek the correction of information held about you, or how to complain about a breach of the Privacy Policy and how Cogoport will deal with such a complaint, the Cogoport Privacy Policy may be accessed here https://www.cogoport.com/privacy-policy.  
    4. We may disclose your personal information to an overseas and/or domestic service provider, for example an overseas/domestic freight forwarder or carrier that is a User, an import/export organization, travel provider, a cloud data center or a customer information call center. Our overseas service providers may be located in Europe, the Americas, Asia or Africa. You hereby expressly agree that we are allowed to disclose your information to a Cogoport supplier without obtaining your consent prior to each disclosure as far as this is allowed under relevant privacy legislation. If it is not practicable or reasonable for us to gain your consent to disclose your personal information to an overseas service provider, we will take reasonable steps to notify you of the specific countries where we disclose your personal information. We will take reasonable steps to ensure that the overseas services provider is bound by privacy and confidentiality obligations. If you wish to speak with Cogoport about this Privacy Collection Statement, or the Privacy Policy, you may do so by contacting us support@cogoport.com.
    5. Cogoport respects and complies with the EU General Data Protection Regulations (the ""GDPR""). Our Privacy Policy explains our compliance with the GDPR in detail. Some of the key ways we comply with the GDPR are as follows:
      1. Consent: we clearly inform you about what you are specifically consenting to in case the processing is based on consent. Additionally you are able to freely give and withdraw your consent;  
      2. Breach Notification: in the event of a breach, we will notify the relevant authorities within 72 hours of first having become aware of the breach, unless the breach is unlikely to result in a risk to the rights and freedoms of natural persons. If necessary, we will notify the affected users as soon as possible;  
      3. Right to Access: Users can request confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Upon your request, we shall provide a copy of the personal data in an electronic format;  
      4. Data Portability: if applicable, we allow you to receive the personal data concerning you, which we will provide in a ""commonly used and machine-readable format"" and you have the right to transmit that data to another ""controller""; and
      5. Privacy by Design: we implement appropriate technical and organizational measures, in an effective way, in order to meet the requirements of the GDPR and protect the rights of data subjects. We hold and process only the data absolutely necessary for the completion of our duties (data minimization), as well as limiting the access to personal data to those needing to act out the processing.
  22. INTELLECTUAL PROPERTY

    1. The Site includes material that may be protected by copyright, trade mark, or other intellectual property right pursuant to the laws of the Netherlands or elsewhere and all rights in relation to such material are owned by or licensed to us unless otherwise stated. You hereby acknowledge that the Services constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by Cogoport through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Cogoport and such others. You thereby agree to protect the proprietary rights of Cogoport during and after the term of these terms and conditions. You may not selectively download portions of the Site without retaining the copyright notices. You may download material from the Site only for the purpose intended by these terms and conditions. Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available remedies under applicable laws of the Netherlands.  
    2. You shall not publicly use Cogoport’s name, logos or any other intellectual property without the prior written approval of Cogoport and where such use is permitted by Cogoport, you shall adhere to the media usage guidelines provided by Cogoport.  
  23. TERMINATION MEMBERSHIP

    1. You may terminate your Membership with us by providing us with a 30-days’ written notice of your decision to terminate your Membership.  
  24. NOTICES

    1. Any notices or queries in relation to the Site or these terms and conditions must be directed to:  

      Cogoport Europe B.V.

      Chamber of Commerce Number

      74437576

      VAT Number  

      858715144B01

      RSIN

      858715144

      Tax Identification Number

      858715144  

  25. DISPUTES BETWEEN USERS AND THIRD PARTIES

    1. Cogoport does not guarantee that Transactions between Users will not lead to disputes. We are not responsible for resolving disputes between you and other Users or any third parties. If you have a dispute with one or more User(s) and/or any third party, all disputes shall be resolved between you and the relevant User(s) and/or third party, without any interference of Cogoport.  
    2. You hereby agree that if we are contacted by a User that claims to have a dispute with you regarding the provision of Freight Services, we can release your contact information to that User and/or any other authorities and Persons at our sole discretion in order for the dispute to be resolved, in conformity with the applicable privacy laws.  
    3. You hereby irrevocably and unconditionally release Cogoport from all claims, demands and damages arising out or connected with the dispute or our release of your contact information.  
  26. MISCELLANEOUS

    1. These terms and conditions and the legal relationship between Cogoport and you do not constitute an agency, partnership, joint venture, employment, power of attorney or other similar relationship in whatsoever nature. You do not have the authority to bind Cogoport or its affiliated companies or related entities in any way.  
    2. Should any (part of a) provision of these terms and conditions be or become partially void or nonbinding, Cogoport and you will be bound by the remaining (part(s) of the) provisions. Cogoport and you will replace the void and nonbinding parts by parts which will be valid and binding and the legal consequences thereof must, in view of the contents and scope of these terms and conditions, correspond as much as possible with those of the void and nonbinding part thereof.
    3. You shall not assign, transfer or encumber your rights or obligations under these terms and conditions or the legal relationship with Cogoport without the prior written consent of Cogoport. Cogoport may at all times assign, transfer or encumber any rights or obligations under these terms and conditions or the legal relationship with you.  
  27. JURISDICTION AND CHOICE OF LAW

    1. These terms and conditions and the legal relationship between Cogoport and you shall exclusively be governed by the laws of the Netherlands.  
    2. In the event you have a dispute with Cogoport, this should be reported to Cogoport via email at support@cogoport.com to enable us to attempt to resolve the dispute.  
    3. Any and all claims and disputes against Cogoport that cannot be resolved out of Court – whether contractual or non-contractual – shall be exclusively submitted to the competent Court in Rotterdam, the Netherlands. Cogoport may at its sole discretion submit claims against Users to the Court in Rotterdam, the Netherlands or the competent Court in a place where the User has a registered office.