TERMS AND CONDITIONS


TERMS OF USER AGREEMENT (SHIPPER/PARTNER/BUYER OF SERVICE)

THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS AND USE OF OUR SERVICES AT WWW.COGOPORT.COM

Prior to becoming a Member of COGO FREIGHT PVT. LTD. you must read, agree and accept the Terms and Conditions, policies contained in (https://www.cogoport.com/terms-condition) your continuance of access and usage of this site and the information contained herein shall be deemed as acceptance to the terms and conditions contained herein (https://www.cogoport.com/terms-condition) and you have expressly agreed to abide by it.

BY CLICKING ON THE "I AGREE" BUTTON BELOW, AND BY YOUR CONTINUED USE OF THIS SITE, YOU AGREE THAT YOU UNDERSTAND THE TERMS AND CONDITION OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT (INCLUDING THE POLICIES), AS THEY MAY BE MODIFIED BY US FROM TIME TO TIME. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT OR OUR POLICIES, PLEASE DO NOT USE THE SITE.

UNDER THIS AGREEMENT WE LIMIT OUR LIABILITY TO YOU AND YOU INDEMNIFY US AGAINST CERTAIN LOSSES WE MAY SUFFER IN CONNECTION WITH YOUR USE OF THE SERVICE THESE TERMS AND CONDITIONS INCLUDE ALL MODIFICATIONS UP TO AND INCLUDING TODAY'S DATE.

  1. Agreement This Agreement describes the terms and conditions that govern your use of the Site. This Agreement and our policies constitute the entire agreement in relation to the Site and your use of the Site. Access to this Site is subject to your acceptance of this Agreement.
  2. Interpretation A reference to this "Agreement" is a reference to the terms and conditions contained in this agreement and our policies relating to the use of the Site. A reference to "Information" is a reference to any requests for quotes you list, any information you provide to us or other members of this Site in the registration, bidding or listing process, in public messages (which includes any feedback you may provide regarding members), through any email feature that we provide, and includes descriptions of the services and any content you post within our Site. A reference to "we", "our" and "Company" is a reference to COGO FREIGHT PVT. LTD. from time-to-time. The references to "you" and "your" refer collectively to you, and each of your employees, agents, contractors, related bodies corporate or other third parties who access this website on your behalf and acting with your express or implied authority. A reference to “Site” is a reference to the website located at www.cogoport.com
  3. Modifications to this Agreement We may at any time modify any of the terms and conditions of this Agreement and/or the terms of our policies. Unless we notify you in writing otherwise, modifications to this Agreement or our policies are effective upon being posted on this website. You agree to check this website regularly for modifications and other notices. Your continued use of the Site following a modification of this Agreement or a policy constitutes your acceptance of all modification posted on this website. If you do not agree to a modification, you may terminate this agreement by notifying us in writing and/or discontinue to using of this website. If, after any changes to this Agreement or any of our policies, you continue to use our Site, you will be considered to have accepted the varied terms and conditions as part of the Agreement.
  4. Trading We do not act as a shipping company, freight forwarder and customs broker. Instead, we provide an online marketplace for buyers and sellers of domestic and international freight services to meet, buy and sell services. In return, we both keep margin on rate and also draws our revenue through advertisement and/or sellers of international and domestic freight services pay a commission to us for each transaction they enter into through the Site. We do not validate or otherwise authenticate, certify, confirm or endorse the members of this Site, nor do we endorse or guarantee the provision of the services of members, or make any guarantees as to payment of the services by a member. Unless payment for services availed through our website gateway. All direct communications, both verbal and written, are between the buyer and seller. We have no control over and do not verify the accuracy of any information provided by a member. Unless the said services and information’s are expressly procured through our approved channels.
  5. Membership We offer our services to our members. By agreeing to the terms and conditions of this Agreement, you acknowledge that you can enter into legally binding contracts of this nature. We reserve the right to change our services and suspend, terminate or restrict your membership at any time, in accordance with the terms of this Agreement or our policies. If we change our services, or suspend or terminate your membership, you may be prevented from accessing our services either temporarily or permanently. If your membership is suspended or terminated, you are prohibited from applying for a new membership account with us. 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. As a member 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 our services, you must report any unauthorized use of your account and associated user identification to us as soon as possible after becoming aware of the unauthorized use.
  6. Fees There is an annual fee for buyers to join our Site, You are able to request a quote from a member for free. Your annual membership will be renewed automatically until cancelled.
  7. Transaction We provide the Site as an online venue that allows members to communicate, request quotes, offer, sell and purchase services. We reserve the right, entirely at our discretion, to refuse to provide a member with access to the Site. You acknowledge and agree that we are not involved in the actual transaction between yourself and the seller of the services, unless there is an express agreement to do so. We have no control over the adequacy and/or accuracy of the services for your use, safety and legality of the cargo to be shipped, and we have no control over the quality, safety or legality of items or content posted by members on to the Site, the truth or accuracy of listings, or the ability of suppliers to provide the services. We cannot ensure and do not guarantee that a member will actually complete a transaction or act lawfully in using the Site. When you enter into a transaction you create a legally binding contract with another member. You are responsible for ensuring that you comply with your obligations to that member. If you do not comply with your obligations, you may become liable to that member. Likewise, if another member breaches an obligation to you, you are responsible for enforcing any rights that you may have against that member. Furthermore, you must ensure that you are aware of the relevant laws applicable to you in purchasing and/or selling the goods and services and providing the cargo to be shipped. Unless we advise otherwise on the Site, we do not offer any insurance or purchaser protection. We may make a record of all of your transactions.
  8. Purchase Where you purchase goods and services through a fixed price format, agree to a quote or provide a counter-bid on the goods and services which is accepted by the seller, you agree with the seller to be bound by the terms and conditions of sale included in the listing description and as otherwise agreed to between you and the seller. Subject to any legal right to the contrary you are also then obliged to complete the transaction with the seller. When requesting a quote, you must describe the requirements for the goods and services you wish to purchase, fully and accurately. Your listing must only include content relevant to the quote. The listing must be your own work or work that you are legally entitled to use. You must be legally able to transport the items for which you are requesting the quote. You hereby confirm that we neither confirm and/or verify the quotes given by purchaser and/or seller.
  9. Fraud Without limiting any remedies available to us at law, in equity or under this Agreement, we may, in our 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 our Site and you will have no claim whatsoever against us in respect of any suspension or termination of your membership under this clause 9.
  10. Your listings You are solely responsible for the Information you provide and by using the Site, you agree that you will keep your Information up to date and information and/or contents posted by are in accordance with applicable laws. We are a passive conduit for the online distribution and publication of your Information. We are not responsible for the content of the Information you provide. We may remove your information from the Site at our sole discretion. You must not provide Information that is potentially or actually harmful to us, the Site or any third party and/or in contravention of any laws, rules and regulation. In this clause 10 "harm" includes, but is not limited to, pure economic loss that we may or will suffer.
  11. Cancellations In the event a shipment does not proceed AFTER a quote is accepted on COGO FREIGHT PVT. LTD. by the buyer, but BEFORE any services are performed by the seller, a CANCELLATION is deemed to have occurred. In the event of a CANCELLATION, the member may be contacted and requested to provide information which 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 will entitle COGO PORT PVT. LTD. at its discretion, to cancel a member's membership. Failure to exercise this discretion and cancel a member's membership after a CANCELLATION does not prejudice COGO PORT PVT. LTD. right to cancel a member's membership for a subsequent CANCELLATION. Note: A CANCELLATION is not deemed to have occurred if shipment is DELAYED or RESCHEDULED at a time suitable to both the buyer and the seller. Note: Excessive cancellations by a buyer or seller may impact their COGO PORT PVT. LTD. rating - pending internal COGO PORT PVT. LTD. review.
  12. Feedback We have a member-initiated feedback system to provide evaluations of the members that party has dealt with. Any feedback provided by you, or third parties in relation to your activities on the Site is owned by us. You may use the feedback only for the purposes of conducting your activities on our Site and only while you remain a member of this Site. 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. We can suspend or terminate your membership if we are concerned by any feedback about you. Feedback must not be defamatory and must not be false or misleading.
  13. Disputes We do not warrant that transactions between members will be free of disputes. We are not responsible for resolving disputes between you and other members and we will not resolve or attempt to resolve disputes between you and other members. You agree that if you have a dispute with one or more members of this Site, all disputes must be resolved between you and the relevant member(s). Under this Agreement, you acknowledge that if we are contacted by a member that claims to have a dispute with you regarding the provision of services, you agree hereby expressly that we can release your contact information to that member and/or any other authorities and person at our sole discretion in order for the dispute between you and the member to be resolved. You hereby irrevocably and unconditionally release us from all claims, demands and damages (actual and consequential) arising out of or connected with the dispute or our release of your contact information. Any dispute you have with us should be reported to us via email at help@cogoport.com to enable us to attempt to resolve the dispute.
  14. Communications We will 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 your transactions. You are responsible for completing all transactions you participate in, which includes complying with all relevant legal obligations including without limitation your legal obligations in relation to the purchase of the services, and the shipping of any cargo.
  15. Unauthorized activity You must not:
    • modify, adapt, or otherwise alter the Site;
    • interfere, in any way, with the listings of other members of this Site;
    • provide false, misleading, deceptive or otherwise inaccurate Information;
    • act fraudulently;
    • engage in, any activities that may result in the price of the goods and services being manipulated;
    • copy, reproduce, create derivative works or publicly display any content contained in the Site (with the exception of your Information);
    • 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;
    • provide or facilitate another person's access to, reproduce, or otherwise make available, the Site or any part of the Site, to another person;
    • create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
    • take any action that will result on an unreasonable or disproportionately large load being imposed on our infrastructure;
    • directly or indirectly link to or include descriptions of goods or services that:
      • are prohibited under this Agreement;
      • are listed for sale on a website that is not this Site; or
      • you do not have a right to link to or otherwise include in your description of goods or services;
    • list any item on our Site, or complete any transaction that was initiated using our service) if payment of the listing fee or commission fee is likely to cause us to violate an applicable law, statute or regulation, this Agreement or any of our policies;
    • knowingly being involved in the shipping of counterfeit, stolen items and/or restricted and/or forbidden cargo;
    • 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, criminal law and the Competition and Consumer protection Act);
    • post any Information that is prohibited, or, in our opinion, may be prohibited content for the purposes of the Broadcasting Services Act and/or any other laws as may be in force;
    • use any robot, spider, other automatic device or manual process to monitor or copy the Site, or content contained in the Site;
    • 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);
    • 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;
    • collude with, enter an agreement with or correspond with another member or other person to avoid paying us commission;
    • knowingly avoid our commission; and we may terminate your membership should you do, or we suspect you may do, any of the above.
  16. License To enable us to use the Information, you agree to grant us an irrevocable, non-exclusive, perpetual, royalty-free, sub-licensable, worldwide license to do all acts comprised in the copyright and to exercise the publicity and database rights you have in the Information, in any media, with respect to the Information. We will only use the Information in accordance with our Privacy Policy.
  17. Confidential information 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 return or destroy all copies of confidential information in your custody or control.
  18. Privacy Our Privacy Policy sets out the information (including personal information) we collect, and how we use it, when you access and use this website. In addition to our privacy policy, you agree that we may collect personal information and other information about you when you access or use the Site. We may use and disclose your personal information to third parties and other bodies (including a local or overseas hosted services provider and other contractors providing services to us) for the purposes of:
    1. providing you with access to the Site;
    2. auditing compliance with this Agreement; and
    3. compliance and enforcement of laws, and you consent to such use, and agree that these uses constitute the primary purposes for which we collect your personal information, for the purpose of the Privacy Act).
    You agree to comply with any reasonable direction given us in relation to privacy matters in respect of the Site. You warrant that you will deal with any personal information or sensitive information disclosed to you, or collected by you in connection with your use of the Site, in compliance with obligations under the Privacy Act). Privacy Collection Statement Cogo Freight Pvt. Ltd. collects your personal information for our business functions and activities, including:
    • providing you with access to the Site;
    • auditing compliance with this Agreement; and
    • compliance and enforcement of laws, and you consent to such use, and agree that these uses constitute the primary purposes for which we collect your personal information, for the purpose of the Privacy Act).
  19. Providing you with information, products and services – these are described generally on our website, our corporate brochures, advertising, and our letter and emails and communications to customers, service providers and sponsors
  20. activities in support of those functions including administration, management, marketing, contracting, online and mobile marketing, IT, legal, security, customer support, finance (including credit control) and human resources
  21. activities we plan for the future including new ways of communicating, new products and services, new business models and new businesses.
  22. Your personal information will be disclosed to other members of this Site in the event that the member contacts us and claims that you and the other member are in dispute in relation to a transaction that was arranged via the Site, in order for the dispute to be resolved If you wish to obtain more information about the Cogo Freight Pvt. Ltd. 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 Cogo Freight Pvt. Ltd. will deal with such a complaint, the Cogo Freight Pvt. Ltd. Privacy Policy may be accessed here https://www.cogoport.com/privacy-policy. 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 member of Cogo Freight Pvt. Ltd. ("our Supplier"), an import/export organization, travel provider, a cloud data center or a customer information call center. Our overseas service providers may be located in in Europe, the Americas, Asia or Africa. You hereby agree expressly agree that we are allowed to disclose your information to a Cogo Freight Pvt. Ltd. supplier without obtaining your consent prior to each disclosure. 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 Cogo Freight Pvt. Ltd. about this Privacy Collection Statement, or it’s Privacy Policy, you may do so by contacting us help@cogoport.com
  23. Intellectual property The Site includes material which may be protected by copyright, trade mark, or other intellectual property laws in Australia or elsewhere and all rights in relation to such material are owned by or licensed to us unless otherwise stated.
  24. Warranty You warrant to us that:
    1. for individuals: you are 18 years or older;
    2. for body corporates: you have the right and authority to bind the body corporate to the terms and conditions of this Agreement;
    3. all of the information you have provided to us in respect of this agreement is true, accurate and complete and we may rely on this information;
    4. your membership details are correct and you will update your membership details if they change;
    5. in respect of a listing you post on the Site, you will not approach a member in order to complete a transaction unless you do so via the Site;
    6. you will not post defamatory comments on the Site;
    7. 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 us or any other person in relation to the Site;
    8. you will not infringe or permit or assist any other person to infringe the intellectual property rights owned by us from time to time and use your best efforts to protect and prevent such intellectual property rights from such infringement by unauthorized third parties; and
    9. you will comply with all of your obligations under all applicable laws.
  25. Authority If you accept this Agreement, or obtain access to the Site, on behalf of an employer, client or principal, you warrant that you have the express or implied authority to accept this Agreement on that person's behalf and agree that this Agreement is also binding on that person.
  26. Access Notwithstanding your acceptance of this Agreement, we are 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 notice to you.
  27. Access method We 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.
  28. No agency Entry into this Agreement does not give rise to an agency, partnership, joint venture, employee-employer or other similar relationship in whatsoever nature. You do not have any other authority to bind us or our related entities or affiliates in any way.
  29. Liability You are responsible for all access and 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.
  30. Notice You must immediately notify us 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; or
    3. existence or exploitation of any security vulnerability, weakness, or threat on the Site.
    You must 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 person for any such conduct.
  31. Termination You may terminate your account with us by providing us with 30 days written notice of your decision to terminate.
  32. DISCLAIMERS
    1. To the maximum extent permitted by law, we make no representation or warranty (either express, implied or statutory) about: The site; The accuracy, veracity timeliness or content of any information or data contained on the site and any other associated website; Continued access to or use of the site; Availability of the site; Backup or business continuity in respect of the site; The merchantability, fitness, quality or suitability for a particular purpose of the site or data located on the site; Any supply agreements, panel agreements or any guarantee of business with us; or The site or data being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.
    2. We provide the service on an "as is", "with all faults" and "as available" basis, and do not warrant that it will be available for use or at all.
  33. LIMITATION OF LIABILITY
    1. To the extent that conditions or warranties implied by law in relation to the provision of a service cannot be excluded, our liability for any loss arising out of a breach of such an implied condition or warranty is limited to the supply of the service again, or the cost thereof, at our discretion. All such implied conditions and warranties are excluded, to the maximum extent permitted by law.
    2. We are not liable to you in any way for any indirect or consequential loss, loss of revenue or profit, loss of opportunity, pure economic loss or any damage (including loss of data and/or any loss or damage that may reasonably be supposed to have been in the contemplation of the parties as at the date of this agreement as a probable result of any act or omission) arising out of or in connection with this agreement.
    3. Our total aggregate liability to you (if any) is limited, at our election, to:
      • In the case of the provision of a service for a fee - the re-supply of the service or payment of the cost of doing this;
      • In all other cases, $1.
    4. We are not liable to you or a third party for loss suffered by you or a third party caused by an act or omission of us in respect of security of the site, or unauthorized access to a service, however that loss arises.
    You hereby expressly agree that under any circumstances our liability does not exceed more than usd 1 either under this agreement or in common law.
  34. INDEMNITY
    1. You hereby irrevocably indemnify us, our officers, employees and agents against any claim, liability, loss, damage, costs (including the cost of any settlement and legal costs and expenses on a solicitor and own client basis), and expenses arising out of or as a consequence of your breach of these terms and conditions (including if relevant your officers, employees, agents or subcontractors)
    2. You indemnify us, our officers, employees and agents against any claim, liability, loss, damage, costs (including the cost of any settlement and legal costs and expenses on a solicitor and own client basis), and expenses arising out of or as a consequence of a default or unlawful or negligent act or wilful act or omission on your part (including if relevant your officers, employees, agents or subcontractors).
    3. Without limiting the preceding paragraph, you indemnify us, our officers, employees and agents from and against any claim, liability, loss, damage, costs (including the cost of any settlement and legal costs and expenses on a solicitor and own client basis), and expenses incurred by virtue of any breaches of a third party's intellectual property rights as a direct or indirect consequence of your use of the site or any software or other intellectual property licensed to you under this agreement.
    4. This clause survives the termination of this agreement.
  35. Jurisdiction This Agreement is governed by the laws of India. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Mumbai and Courts competent to hear appeals from those Courts.
  36. Severance Where any provision (or part) of this Agreement is held to be illegal or unenforceable, it may be severed, and shall in no way affect or prejudice the enforceability of the other terms or conditions of this Agreement.
  37. Contact Any notices or queries in relation to the Site or this Agreement must be directed to:
    COGO FREIGHT PVT. LTD.
    No 135, 1st Floor,
    Hubtown solaris,
    Andheri east,
    Mumbai - 400053
    help@cogoport.com