T&C

Welcome to Cargo-Clip.com (“Cargo-Clip,” “we,” “our,” or “us”) and our Terms of Service (the “Terms”). Please read the Terms carefully, as they govern your use of our website https://cargo-clip.com (the “Site”), as well as other services accessible on the Site,  which covers any application downloaded from Apple App Store, Google Play Store or other portals. To make these Terms easier to read, the Site, our products, and our services are collectively called the “Services.”

1. Agreement to Terms.

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.

2. Privacy Policy.

Your privacy is important to us. Please review our Privacy Policy to learn about the type of information we collect, how we collect information, and how we use and share your information.

3. Changes to these Terms or the Services.

We reserve the right to modify and update the Terms from time to time in our sole discretion. While we are not required to provide notice, we’ll let you know by posting the updated Terms on the Site or through other forms of communication. It’s important that you review the Terms whenever we update or modify them because if you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, then please discontinue use of the Services immediately. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice to you, at our sole discretion.

4. Accuracy of Information.

Occasionally, there may be information on the Site that may contain typographical errors, inaccuracies, or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies, or omissions. In doing so, we also reserve the right to change or update information or cancel orders, if any information on the Site is inaccurate, at any time without prior notice to you.

5. Feedback.

We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback by email, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control, to use, create derivative works based upon, and otherwise exploit the feedback for any purpose. 

6. Accounts and Membership.

(a) Account Creation and Profiles. To use the Services, you will need to create a user account ("Account"). Creating an Account will require you to provide us with certain information about you, such as username and password., ("User Information"). In creating an Account, you agree that you are at least thirteen (13) years or older and are not barred from using the Services under applicable law. All User Information provided is governed by our Privacy Policy.

(b) Account and User Information Protection. It is your responsibility to protect your personal data and maintain the confidentiality of your User Information. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or User Information, or any unauthorized breach of your Account or User Information. You acknowledge and agree that your Account and User Information are personal to you. You agree not to allow any other person to access the Services using your Account. You may not share your User Information (or Account with any other person or allow anyone else to access and use your Account. 

(c) Unauthorized Use of Your Account. We may, but have no obligation to, monitor and review new Accounts before you may sign in and use our Services. Providing false information of any kind may result in the termination of your Account. You must immediately notify us of any unauthorized uses of your Account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your Account (or any part thereof) for any reason, including if we determine that you have violated any provision of these Terms. If we delete your Account for these reasons, you may not re-register for our Services. We will not be liable for any loss that you may incur because of someone else using your Account or User Information, either with or without your knowledge.

7. Payment Terms.

We offers its Services under several different plans to suit your needs. If you choose a paid plan, you will need a valid credit card. If a payment method is required, we use this information to charge your account for the Services, To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we will use certain third-party payment processors (i.e. Stripe) to process payments. The payment platform maintains its own policies that will govern your transaction on them. By providing your debit card, credit card, or bank account information, you represent warrant and covenant that: (i) you are legally authorized to provide such information, (ii) you are legally authorized to approve transactions with respect to such debit card, credit card, or bank account, and (iii) such actions do not violate the terms and conditions applicable to your use of such debit card, credit card or bank account or applicable law. Any breach of this provision will be deemed material, and you will be held responsible or any damages, fees, costs (including reasonable attorney’s fees) incurred.

Paid accounts will be billed in advance on recurring and periodic basis depending on the subscription you choose. Billing will occur on the day you sign up, and will automatically renew every month or year thereafter on the sign up date. Each bill ensures your access to portions of the Services that require payment for the next month or year. There are no refunds or credits for partial periods of service, upgrade or downgrade refunds, or refunds for periods unused with an open account. 

If your billing method expires or changes, and you do not edit or update your billing information or cancel your account, we will send you a single courtesy notice regarding billing information discrepancies. If you fail to provide us with updated billing information more than three (3) days after notice is sent, we reserve the right to disable and terminate access to your account. You authorize us to continue billing during this period, and you will remain responsible for any uncollected amounts.

8. Links to Other Websites.

The Services may link to other applications under your permission. We are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites, and we do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party website or resources.

9. Prohibited Uses.

In addition to other terms as set forth set forth in these Terms, you are prohibited from using the Site or its Services or Customer Content or Other Content (as defined in Section 10(b) herein) for (a) any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of any other party; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services, other websites, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.

10. Content and Intellectual Property Rights.

(a) Content. Our Services allow you to upload, store, or share information input by yourselves or captures from the AI.   (collectively “Content”). Any Content (other than Feedback) that you upload, post, or otherwise make available through the Services is referred to as “Customer Content”.  By using our services, you agree that we record the Customer Content for further research in order to improve the service for the community in general.  The resulting content shall be separate from the customer content.  Customer at all times remains responsible for its Customer Content.  Customer agrees to hold us harmless from any claim that the Customer Content or resulting content infringes on third-party rights or violates applicable laws, rules to regulations. 

(b) Limited Permissions to Your Content. By adding any Customer Content to our Services or generating resulting content via the Services, you hereby grant us  the right to use the Customer Content and the resulting content, in a non-identifiable aggregated manner for the limited purposes of evaluating, improving, or enhancing the suite of services, for development, diagnostic or corrective purposes, or otherwise to allow for feature development and other offerings.

(c) Intellectual Property. These Terms do not transfer to you any intellectual property owned by us or any third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with us. All trademarks, service marks, and logos used in connection with our Site or Services, belong to us, our licensors or other third parties.

11. Copyright Policy.

We respects copyright law and expects its users to do the same. It is our policy to, in its sole discretion and judgment, terminate Account holders who infringe or are believed to be repeatedly infringing the rights of copyright holders. You can find our Copyright Policy here.  You can contact our copyright agent via email at dmca@swivelsoftware.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

12. Disclaimer of Warranty.

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. You agree that your use of our Services, and any Third-Party Content is solely at your own risk. We make no warranty that the Services or Third-Party Content will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

13. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR (A): ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF WE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. To the maximum extent permitted by applicable law, the aggregate liability and its affiliates, officers, directors, employees, agents, suppliers and licensors, relating to the Services will be limited to an amount that is the greater of one hundred Hong Kong Dollars ($100) or any amounts actually paid or payable by you for the six month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

14. Indemnification.

You agree to indemnify and hold us and its affiliates, officers, directors, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Customer Content, your authorized use of the Services or any willful misconduct on your part.

15. Termination. 

We may terminate your access and use of the Services and your Account, at any time, at our sole discretion without notice to you. You may also cancel your Account by emailing us at info@cargo-clip.com, giving us at least thirty (30) days notice prior to your intended termination date. If we terminate your access to the Services and your Account, and you have not violated these Terms, you may be eligible for a proration of the amount of your current billing cycle. Upon any termination, discontinuation, or cancellation of the Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, indemnification, warranty disclaimers, limitations of liability, and dispute resolution provisions.

16. Dispute Resolution.

You agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Services.

 
(1). Information negotiations. Parties to a dispute concerning the Terms, Services, or Privacy Policy will attempt to informally negotiate a potential settlement or resolution to the dispute.

(2). Arbitration. In the event that informal negotiations are unsuccessful, the parties agree to follow the arbitration procedures set forth by the Law Of Hong Kong to resolve the dispute.

(3). Binding Arbitration. If for any reason arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of Hong Kong. Each party is responsible for paying our own filings, administrative, and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to recovery of its costs and fees. 

17. General Terms.

(a) Reservation of Rights. We exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of Hong Kong and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between you and us regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between you and us regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

(c) Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be invalid. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. 

18. Contacting Us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to info@cargo-clip.com.