for the use of Cargologs platform
The present terms define the main conditions applicable to and governing the use of the services of SIA “Cargologs”.
1.1.Cargologs: SIA “Cargologs”, registered with the Register of Enterprises of the Republic of Latvia under Registration No.40003546144, maintaining the Cargologs platform by assisting to connect Clients and Carriers.
1.2.Cargologs platform: the technology connecting Clients who would like to receive transportation services and Carriers providing transportation services aimed at ensuring that Clients receive and evaluate the most favourable transportation service, as well as agree on the transportation terms.
1.3.Client: a natural or legal entity who submits a transportation inquiry on Cargologs platform for the purpose of receiving the most favourable transportation offer from the Carrier, and/or who received the transportation service from the Carrier selected on Cargologs platform.
1.4.Contract: the present terms which the Client undertakes to comply with by entering a mark in the registration form and confirming the willingness to create access to Cargologs platform, all the terms published on the website www.cargologs.com. All the above referred terms, agreements may be amended by using Cargologs platform according to the procedure defined by the present Terms. The Client hereby confirms it has familiarised with the terms published on the website and undertakes to follow them.
1.5. Carrier: a licensed legal entity providing Transportation Services.
1.6. Transportation Services: the transportation service provided to the Client by the Carrier whose offer was accepted by the Client by using Cargologs platform. The Transportation Service does not include the loading and unloading service and the customs clearance service. The Transportation Service includes presentation of the information about the Client’s cargo on Cargologs platform by stating the order status: the confirmation of going to pick up the cargo, the confirmation of the transportation of the cargo, as well as the confirmation of delivery of the cargo. The Transportation Service is deemed to be started as the moment when the Client has accepted the offer submitted by the Carrier.
2. Concluding the agreement for the use of Cargologs platform
2.1.Prior to use of Cargologs platform the Client registers by providing the information required in the registration application on the website www.cargologs.com. When the registration application has been successfully completed, Cargologs verifies the above information and creates the Client’s access to Cargologs platform following the verification. Access to Cargologs platform is available by entering the e-mail and password. By clicking the button “Log in” at the end of the registration application, the Client, including the person who fills in the registration form, attests that he/ she is authorised to conclude the agreement with Cargologs in order to use Cargologs platform for receiving the Transportation Services, the Client has carefully studied and agrees to all the terms and confirms that all the provided information is true and complete. The Client hereby attests that Cargologs platform will not be used for unlawful purposes and all the laws and regulations applicable to the use of the data base of Cargologs platform will be complied with. One Client may attract several users of Cargologs platform if Cargologs has created individual access to Cargologs platform to each of them.
2.2.The Client undertakes to enter correct payment details which will be sent to the Carrier for issue of the invoice and making the payment during the registration process.
2.3.The Client hereby attests that it will not disclose the details of the access for use of Cargologs platform to any other person, except the ones for whom the access is created, by assuming full liability for possible damage caused by disclosure of the access data. If Cargologs access data have been obtained by other persons without the Client’s fault, the Client hereby undertakes to immediately notify Cargologs thereof.
2.4.The person who completes the registration application for the use of Cargologs platform assumes joint liability with the Client for every breach of the Agreement.
3. Right to use Cargologs platform.
3.1. Following completion of the registration, in compliance with the Agreement terms, Cargologs grants the right to use Cargologs platform. The Client hereby undertakes not to transfer any received information to third parties.
3.2.The Client hereby undertakes not to perform any acts resulting in modification or obtaining the source code of Cargologs platform in any other manner; acts for modifying the version of Cargologs platform; sending of files containing viruses, damaged files or other software which may harm or negatively affect the operation of Cargologs platform. The Client hereby undertakes not to perform any acts for gaining unauthorised access to the information contained by Cargologs platform, including, but not limited to the data of other Clients, or other Carriers who do not perform the relevant Transportation Service.
3.3.The right for the use of Cargologs platform granted under the present Terms is automatically recalled and terminated upon termination of the agreement between Cargologs and the Client. Following termination of the agreement the Client is prohibited to use Cargologs platform or the data gained by its use.
3.4. The Client is prohibited to use the obtained data of Carriers for direct communication bypassing Cargologs. If Cargologs obtains information that the Client uses the Transportation Service offered by any Carrier on Cargologs platform directly, Cargologs has the right to recover and the Client assumes joint liability with the Carrier to pay the loss to Cargologs in the amount which the Carrier should have paid to Cargologs for the use of Cargologs platform.
3.5. All the copyright, including the source code, data bases, visual design is owned by Cargologs and protected by the legal acts on copyright and/ or business secret. By using Cargologs platform the Client does not obtain the title to any intellectual property.
3.6.The Client hereby undertakes to post only truthful information concerning the necessary Transportation service on www.cargologs.com by assuming all the liability for posting incorrect information, including reimbursement of all losses to both Cargologs, the Carrier and the third parties.
4. Use of and payment for Transportation Services.
4.1. As from the moment when the Client has selected and accepted the Transportation Service offered by the Carrier, it is deemed that the Client has signed the transportation contract with the Carrier by assuming the obligation to perform the Transportation Service and to pay the Transportation price as specified on Cargologs platform within the term specified by the Carrier. The Transportation price may only be modified if there is an agreement thereof between the Carrier, Cargologs and the Client or in the cases stipulated by the present Terms or the laws and regulations.
4.2.If the Client has chosen to receive the Transportation Services and rejects the Transportation Service following confirming the selection due to any reason, the Client hereby undertakes to pay the cancellation fee of the Transportation Service to the Carrier in the amount defined by the Carrier if the Carrier has stipulated such.
4.3. If the Client has specified wrong volume of the cargo and it turns out to be higher than specified by the Client, the Client hereby undertakes to pay additional expenses to the Carrier for the Transportation Service for the part of the cargo which was not correctly specified. If the Client has specified wrong volume of the cargo and it turns out to be lower, the Transportation Service price is not modified. If the Carrier cannot provide the Transportation Service due to incorrectly specified cargo, it has the right to refuse provision of the service and in the case the Client waives claims against the Carrier and Cargologs.
4.4. The Client undertakes responsibility for the content of the cargo by attesting that it contains goods not subject to prohibition of transportation in compliance with the requirements of the laws and regulations. The Client also assumes liability for submission of correct transportation documents to the Carrier, including correct and correctly completed customs declarations, if applicable, by additionally paying all the expenses incurred by the Carrier in this regard.
4.5. The Client must organise and pay expenses which are not included in the Transportation Service.
4.6. By using Cargologs platform, the Client is notified of the status of the Transportation Service: the confirmation of going to pick up to cargo, the confirmation of transportation of the cargo, as well as the confirmation of delivery of the cargo.
4.7. The invoice for the Transportation Service is issued by the Carrier or it will be automatically generated on Cargologs platform. Cargologs is only the operator of Cargologs platform and as such does not assume responsibility for the Transportation Service. The Client undertakes to resolve all the claims regarding the Transportation Service with the Carrier. Cargologs has the right to get involved as an intermediator in resolving a dispute without assuming liability for provision of the Transportation Service or the payment conditions of the Transportation Service.
4.8. If the payments referred to in the present Terms are delayed, the Client hereby undertakes to pay the late payment interest of 0.1% (zero point one per cent) of the outstanding amount for every day of delay. If the recovery of debt is performed, the Client hereby undertakes to pay additionally the expenses of the debt recovery.
5. Payment for the use of Cargologs platform.
5.1. Unless the present Terms define to the contrary, the Client does not pay for the use of Cargologs platform.
5.2. Cargologs has the right to introduce and to set a fee payable by the Client for particular services defined on the website www.cargologs.com or utilised possibilities. Changes and a fee are applicable in compliance with Clause 7.4 of the present Terms. If a fee is introduced and it is notified in compliance with Clause 7.4 of the Terms, the Client accepts it as binding and hereby undertakes to pay it according to the amount and the term defined by the invoice.
6. Relationship between the Client, Cargologs and the Carrier.
6.1. The Client accepts and agrees that Cargologs provides the services of data processing and Cargologs platform without providing the Transportation Services. Cargologs platform only presents a link connecting the Clients with Carriers to assist the Clients to receive the most favourable offer of Transportation Service and to enable Carriers to provide the Transportation Service to the Client, thus ensuring possible income from its economic activity to the Carrier.
6.2.The Client may not assign the rights under the Agreement to any third party.
6.3. Cargologs as an intermediator has the right to provide the Client support in relation to the use of the Transportation Services. Cargologs has the right not to provide and/ or suspend provision of the support service if information is received that the Client does not make payment for provision of the Service or payment for refusal of provision of the Service according to the terms specified in invoices or misuses Cargologs platform, or distributes incorrect information about Cargologs or the Carrier on Cargologs platform or in any other public manner.
6.4. The Client has the right to provide its assessment and references on the quality of the Transportation Services publicly on Cargologs platform following receipt of the service. If the Client’s assessment or comment is fraudulent, unethical, defamatory, Cargologs has the right to delete the Client’s assessment preventing its public presentation. If the possibilities of the website www.cargologs.com are misused, the Client hereby undertakes to reimburse the damage caused to the Carrier, Cargologs and the third parties.
6.5.Cargologs has the right to refuse registration of the Client, to prevent its access to Cargologs platform, as well as to delete the access to Cargologs platform. Cargologs will use the right referred to in the present Clause in cases when information about possible breaches by Clients have been received.
6.6.Cargologs has the right to provide information about the Client to law enforcement, as well as tax administration authorities in the scope defined by the laws and regulations.
6.7.Cargologs platform operates in the manner as developed by Cargologs. Cargologs does not guarantee that the use of Cargologs platform will secure offers of Transportation Services to the Client.
6.8.Cargologs does no assume liability for any loss or damage which may be incurred by using Cargologs platform, including, but not limited to direct or indirect loss, or lost profit.
6.9.Cargologs hereby undertakes to provide assistance to the Client in relation to posting information on Cargologs platform on business days, during business hours by telephone or electronically.
6.10. The Client hereby agrees that there may be interruptions in operation of the website www.cargologs.com for ensuring operation of Cargologs platform due to the system upgrade or correction of errors. Cargologs does not assume liability for the connectivity of the Client’s computer ensuring the possibility to use the website www.cargologs.com
6.11. Cargologs is not responsible for the quality of the Transportation Services, the acts of the Carrier or a failure to act by the Carrier and possible loss caused by the Carrier to the Client. By evaluating the content of the Carrier’s breach, Cargologs has the right to deny the relevant Carrier access for the use of Cargologs platform.
6.12. If damages are claimed from or are incurred by Cargologs in relation to the Client’s acts or its failure to act, the Client hereby undertakes to reimburse such to Cargologs without any objections.
7. Concluding provisions.
7.1.The present Terms, the Agreement enters into force as from the moment of submission of the registration application. Other notifications, amendments to the terms, the Agreement enter into force as from the moment they have been sent to the e-mail address stated in the Client’s registration form or when they have been published on www.cargologs.com website.
7.2.The Client has the right to terminate the Agreement by notifying Cargologs thereof 1 (one) month in advance. The liabilities assumed until termination of the Agreement, including the Transportation Services confirmed by the Client, survive until their completion according to the procedure defined by the present Terms, the Agreement and receipt of the payment thereof by the Carrier.
7.3.Cargologs has the right to terminate the Agreement with the Client by notifying thereof 1 (one) month in advance. The Client’s assumed liabilities towards the Carrier survive until their completion. Cargologs has the right to apply Clause 6.5 of the Terms in any case.
7.4. Any amendments to the present terms or the Agreement terms enter into force after sending them to the Client to the e-mail address specified in the registration form. If the Client uses Cargologs platform after making amendments, it is clearly deemed that the Client has agreed to the reviewed terms.
7.5.The laws and regulations of the Republic of Latvia are applicable to the present terms and the Agreement terms. If there are disputes between the Parties, they are submitted for resolution to the court of the Republic of Latvia according to the procedure defined by the laws and regulations.
7.6.The Client is obliged to immediately notify Cargologs regarding any changes in the Client’s information submitted to Cargologs.
7.7. The date of entry into force of the present Terms: 08.12.2021.