Terms & Conditions


Owner and general information

The Terms & Conditions contained in the following govern the website www.itsmycargo.com, which is owned and operated by ItsMyCargo IVS (Danish organization number: 37516988).

You are only authorized to use the website, regardless of whether your access or use is intended, if you agree to abide by all applicable laws and to the Terms & Conditions.

Please read and review the following carefully before using the website. If you cannot agree to the Terms & Conditions, please leave the website.


Definitions

In the following, ItsMyCargo IVS is referred to as “IMC”. A “Guest” is referred to as a non-client browsing the site.

A “Client” is referred to as a person having registered a user with the website in order to use the Service, which is described under “The Service”.

A “Transporter” is referred to as an undertaking having agreed with IMC to provide transportation services to Clients.


The Service

The Service provided for by IMC allows for Guests to review bookings, and for Clients to review, book and pay for cargo transportation services offered by Transporters. Concerning Clients, the Service covers the chain of transportation for consignments consisting of less than full container loads, from location to destination port.

The relationship between you and IMC is that of an independent contractor. Agreeing to these Terms & Conditions or using the Service does in no way establish any other legal relationship.

The Terms & Conditions, in addition to your booking confirmation and the invoice, constitute the agreement by which you are bound. The Terms & Conditions, which shall supersede any other agreement in whatsoever form, govern your legal rights and duties when using the website and Service.

If choosing to complete an order, you will also accept being bound by the chosen Transporter’s standard terms and conditions. As mentioned under “Limitation of Liability”, IMC shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from services provided by Transporters. You will therefore be required to read and accept the terms and conditions of the chosen Transporter before completing the order as the Transporter’s terms and conditions govern the actual transportation and your relation to the Transporter.

IMC may modify this agreement and such modification shall be effective immediately when posted on the website, and you agree to be bound by any changes to this agreement when using the Service after any such modification is posted.


Limitation of Liability

By using the Service, you agree and accept that IMC is not liable for any claim of any kind resulting in any way from services provided for by the Service or by Transporters, any errors from the website or Service, your use of the website or Service, or any delay or failure in performance of the website, Service and/or chosen Transporter.

IMC’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid by you for the order causing the alleged liability.

You acknowledge that IMC does not make any guarantees or the like with regard to any Transporter. IMC is solely the facilitator of possible arrangements, and the choosing of the Transporter is therefore your sole choice and responsibility. Any complaints, remedies and/or legal actions with regard to your booking or shipment must at all times be aimed at the chosen Transporter. IMC is in no way liable for the default of the Transporter regardless of the reason.


Requirements, responsibility and termination of account

In the following, the requirements for becoming a Client are described. By completing the registration process, you warrant and accept that the information provided for by you is accurate and updated, and you accept and acknowledge that it is your sole responsibility to keep it so.

Basic cumulative requirements:

  1. You must be 18 years of age or older;
  2. You must represent a company, an enterprise or an organization with an eligible registration number;
  3. You may not transfer or assign a registered account without the express written consent of IMC.

Should you at any time not fulfill the requirements, any registration shall be considered void and in violation of the Terms & Conditions. Regardless of whether you fulfill the requirements, however, IMC will at all times have the right to determine whether to accept the registration of a Client, and IMC may reject and cancel a registration with or without explanation.

Regardless of the reason, you will at all times be responsible and liable for any loss or damages resulting from any third party's unauthorized use of your password and account. It is therefore important that you keep your password confidential, and that you take necessary precautions to keep it so.

Should you in any way act contrary to the Terms & Conditions, IMC shall reserve the right to terminate your account immediately without explanation. In the event that your account is terminated, you will lose access to all of the Client information. In that event, IMC will not be required to keep or provide copies of content related to your account or activities.


Booking Transactions and Cargo Readiness

It is your responsibility to provide correct and accurate booking information, hereunder including but not limited to information regarding location, valuation, weight, measure, quantity, description, contact details, consignee information, pick-up information and delivery locations.

Should you not provide correct and accurate information regarding the consignment, the consequences may be one or two of the following:

  1. Extra costs, and/or;
  2. Delay of shipment, or;
  3. Cancellation of order.

Furthermore, you accept that it is solely your responsibility to ensure that the described cargo is ready for the chosen transportation before handed over to the chosen Transporter. Regarding how to properly ensure Cargo Readiness, you must contact the chosen Transporter and/or read the individual requirements posted on the chosen Transporter’s web page and the terms and conditions of the chosen Transporter. IMC will in no way be responsible for your failure to fulfill the requirements of the chosen Transporter.


Types of Cargo and Customs

Before completing the booking, you must specify which type of cargo you wish to transport. Only standard dry cargo may be booked through the standard rates available on the IMC webpage. Any dangerous cargo, temperature controlled cargo and or personal effects or similar must be booked separately through contact to IMC via e-mail or phone. IMC may refuse to accept any bookings for any reason without explanation.

Unless otherwise agreed, as will be regulated in the booking, customs clearance will be included in the price.


Payment

When making a payment to IMC, you warrant and accept that it is your sole responsibility to ensure that any credit information provided by you is true and complete, that charges will be honored by your bank or credit card company, that you will pay the charged amount on time, including any taxes, and that you will pay any extra costs charged by IMC as the result of rejected payments and/or any dishonored payment.

In the event of delayed payment, the consequences may be one or two of the following:

  1. Extra costs, and/or;
  2. Delay of shipment, or;
  3. Cancellation of order.

Payments shall be made within 30 days of receipt of the invoice or request for payment, and shall be deemed to have been made on the date on which the account specified by IMC is debited.


Cancellation or Amendment of Bookings

Any cancellation or amendment of any booking made using the Service is solely a matter between you and the Transporter. Once the order has been completed, IMC will not be required to assist you in relation to the cancellation or amendment of the booking. Any contact regarding the cancellation or amendment must therefore be directed towards the chosen Transporter.


Refund Policy

IMC does not offer refunds. Any demand regarding full or partial refund regarding any booking made through the Service, is a matter solely between you and your chosen Transporter.

As mentioned under “The Service”, we strongly urge you to read the chosen Transporter’s terms and conditions, including their refund policy, before accepting being bound by them.


Intellectual property

Any use, publication or copying of any content on the webpage is strongly prohibited.

The use in any form of the webpage and/or Service does in no way result in any right to use words, graphics or logos or any IPR’s contained on the webpage and/or in any other way belonging to IMC.


Professional Advice Disclaimer and Content Disclaimer

Nothing on the webpage and/or information provided for by IMC, which in any other way is related to the webpage and/or Service, shall constitute professional advice.

The use of the Service is at your sole risk, and the Service is provided on an “as-is” and “as available” basis. IMC will not be responsible or liable for any technical problem or other problem related to the Service or webpage. You must therefore agree and accept that any use of the website or Service is at your sole risk, and that IMC in no way will be responsible for any use of the Service.

IMC may change the content on the webpage without notice. However, under no circumstances will IMC be required or obligated to do so.


Linking to the website and Intellectual Property

Linking to the website is only allowed if it does not portray IMC or the Service in a false, misleading, derogatory or otherwise defamatory way. The right to do so may be revoked at any time for any reason whatsoever. Logos, trademarks or any other proprietary information may not be used without the express written consent of IMC.

Linking to third party webpages

The linking to other webpages by IMC does in no way mean that IMC guarantees, warrants or recommends any content related to such third party webpages. They are solely provided for your information and reference, and IMC is in no way responsible for their contents or your use of them.


No unlawful or prohibited use

You warrant that you will not use the service for any unlawful purpose or any other purpose prohibited by the Terms & Conditions.

You also agree not to:

  1. In any way make available any content that is unlawful, harmful, threatening, abusive, harrassive, or otherwise objectionable;
  2. Impersonate any third person in any way whatsoever;
  3. Send information containing any virus or the like harmful to the webpage or Service;
  4. Use the webpage in any harmful way to IMC and/or the Service, or;
  5. Interfere with or disrupt the Service or servers/network.

IMC may or may not screen content, and IMC may remove and/or disclose any content considered harmful to the webpage, IMC, Clients, Transporters or any other lawful person or entity.


The booking process

The booking process is initiated with the first entry of information from the Client involving "To" and "From". The following steps must be completed before completing the booking: Choosing a pick-up date, choosing a trucking company, choosing an ocean freight company, entering factual details of the shipment including but not limited to shipper and consignee information, insurance matters, packaging information, stackability and type of good.

With the placement of the final booking, the shipper understands that the physical transportation has been initiated, and that a truck will pick up the shipment at the entered pick-up location. The shipper will re- ceive a booking confirmation with the specific details of the shipment, the pick-up time, and an overall summary of the booking and costs. It is the shipper's sole responsibility that the shipment is physically present and ready for pick-up at the time of arrival of the truck. IMC or any of the involved logistics companies cannot be held accountable for uncollected shipments as a result of delayed or otherwise ne- glected preparation from the shipper.


Indemnification

You agree to defend, indemnify and hold IMC and/or any third party affiliated with IMC in any way from any liability, loss, claim and expense, including but not limited to any legal and/or accounting fee, which is related to your violation of the Terms & Conditions or use of the Service or webpage.


Investigation and disclosure of information to law enforcement and others

IMC shall have the right to investigate complaints and/or suspected violations of the Terms & Conditions, and to consider and to carry out any action deemed necessary, hereunder including but not limited to reporting any information available to IMC to law enforcement officials, regulators and/or any other lawful third party.


Incoterms 2010

Any agreed trade term shall be construed in accordance with the Incoterms 2010, which a series of pre- defined commercial terms published by the International Chamber of Commerce (ICC), as specified in the booking confirmation.


Governing law

Danish law shall govern the Terms & Conditions as well as any disputes that may arise from using the IMC website and/or Service, without regard to conflict of law principles.

Any legal action shall be filed in Copenhagen, Denmark, and the parties hereby irrevocably and uncondi- tionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of the Terms & Conditions and/or use of the Service or webpage.