Terms of Service

By entering this Contract for the ItsMyCargo Service you are to be bound by the following terms and conditions (“Terms of Service”). The Service offered by ItsMyCargo GmbH under the Terms of Service include various Services to help you sell and promote goods and services to your buyers, whether online (“Online Services”), in person (“POS services”), or both. Again, any such Services offered by ItsMyCargo GmbH are referred to in these Terms of Services as the “Service(s)”, also including Implementation Services, according to Statement of Work, and Support Services, according to Support Terms. Any new software feature or tool, application, invention or other technology developed which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service via Terms of Service. ItsMyCargo reserves the right to update and change the Terms of Service by posting updates and changes to the ItsMyCargo website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.You must also read, agree with and accept all of the terms and conditions contained in this Terms of Service (the “Agreement”), including ItsMyCargo’s Privacy Policy as well as Data Processing Agreement, before you may become an ItsMyCargo customer.

 

1.Account Terms

 

1.1.

You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.

1.2.

To access and use the Service, you must register for an ItsMyCargo account (“Account”) by providing your full legal name and/or the full legal name of the organization that you represent, current address, phone number, a valid email address (of your corporate email domain, if applicable), and any other information indicated as required. ItsMyCargo may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.

1.3.

As part of the registration process, you will identify an administrative user name and password for your company Account. ItsMyCargo reserves the right to refuse registration of users or cancel passwords it deems inappropriate.

1.4.

You acknowledge that ItsMyCargo will use the email address you provide as the primary method for communication.

1.5.

You are responsible for keeping your passwords secure. ItsMyCargo cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

1.6.

You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).

1.7.

A breach or violation of any term in the Terms of Service as determined in the sole discretion of ItsMyCargo will result in immediate termination of your services.

 

2.Account Activation

 

2.1 ItsMyCargo Account

2.1.1.

Subject to section 2.1.2, the contact person entering the Agreement for the Services will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.

2.1.2.

If you are entering the Agreement for the Services on behalf of your employer, your employer shall be the Account Owner. If you are entering the Agreement for the Services on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

2.2 ItsMyCargo Payment Wall

2.2.1.

Upon completion of the sign up for the Services, ItsMyCargo may also create an ItsMyCargo Payment Wall on your behalf.

2.2.2.

You acknowledge that it is your sole responsibility as the Account Owner to activate and maintain this gateway. If you do not wish to keep this payment account active, it is your responsibility to deactivate it.

 

3.General Conditions

 

3.1.

Subject to the terms of this Agreement, ItsMyCargo will use commercially reasonable efforts consistent with prevailing industry standards to provide you the Services in a professional and workmanlike manner which minimizes errors and interruptions in the Services in accordance with the Service Level Terms.

3.2.

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the Privacy Policy as well as Data Processing Agreement, before you may become a customer of ItsMyCargo.

3.3.

Subject to the Terms of Service, technical support is provided to paying Account holders in accordance to Support Terms.

3.4.

The Terms of Service shall be governed by and interpreted in accordance with the laws of Denmark applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Denmark with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

3.5.

You acknowledge and agree that ItsMyCargo may amend these Terms of Service at any time by reasonable notice of at least one (1) week, including without limitation by posting the relevant amended and restated Terms of Service. Such amendments to the Terms of Service are effective one (1) week after the date of posting. Your continued use of the Services after the amended Terms of Service are posted to ItsMyCargo’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.

3.6.

You are solely responsible for all of the terms and conditions of any transactions involving the purchase or sale of good and services, including without limitation, terms regarding payment, returns, warranties, shipping, handling, transportation, storage, liability, insurance fees, applicable taxes, title and licenses, all of which must be in accordance with applicable law.

3.7.

You are responsible for any and all activities that occur under your user accounts.

3.8.

Under no circumstances shall ItsMyCargo be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation damages that result from any transaction involving the goods and services you sell through ItsMyCargo services or any resulting contractual relationship between yourself and a purchaser. These limitations shall apply even if ItsMyCargo has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.

3.9.

You may not use the ItsMyCargo service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Denmark. You will comply with all applicable laws, rules and regulations in your use of the Service.

3.10.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by ItsMyCargo.

3.11.

Questions about the Terms of Service should be sent to support@itsmycargo.com.

3.12.

You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.

3.13.

You acknowledge and agree that your use of the Service, including information transmitted to or stored by ItsMyCargo, is governed by ItsMyCargo’s Privacy Policy as well as Data Processing Agreement.

3.14.

The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and ItsMyCargo’s Terms of Service available in another language, the most current English version of the Terms of Service will prevail.

 

4.ItsMyCargo Rights

 

4.1.

We reserve the right to modify or terminate the Service for any reason, without notice at any time.

4.2.

We reserve the right to refuse service to anyone for any reason at any time.

4.3.

We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via your shop, or the Materials uploaded or posted to your service(s) shop, violate the Terms of Service.

4.4.

Verbal or written abuse of any kind (including threats of abuse or retribution) of any ItsMyCargo customer, ItsMyCargo employee, member, or officer will result in immediate Account termination.

4.5.

ItsMyCargo does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.

4.6.

We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that ItsMyCargo employees and contractors may also be ItsMyCargo customers/users and that they may compete with you, although they may not use your confidential information in doing so.

4.7.

You acknowledge and agree that ItsMyCargo may continually develop, deliver and provide to you ongoing innovation to the ItsMyCargo’s Services in the form of new features, functionality, capabilities and services.

4.8.

In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.

4.9.

ItsMyCargo retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, ItsMyCargo reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

 

5.Limitation of Liability

 

5.1.

You expressly understand and agree that ItsMyCargo shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

5.2.

In no event shall ItsMyCargo or (as applicable) our partners, officers, directors, affiliates, representatives, contractors, agents, employees, and suppliers (including but not limited to all equipment and technology suppliers) be responsible or liable with respect to any subject matter of this Agreement or terms and conditions related thereto under any contract, negligence, strict liability or other theory: (i) for error or interruption of use or for loss or inaccuracy or corruption of the Services or cost of procurement of substitute goods, services or technology or loss of business; (ii) for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence); (iii) for any amounts that, together with amounts associated with all other claims, exceed the fees paid by you to ItsMyCargo for the Services under this agreement in the 12 months prior to the act that gave rise to the liability, in each case, whether or not ItsMyCargo has been advised of the possibility of damages.

5.3.

You agree to indemnify and hold us and (as applicable) our partners, officers, directors, affiliates, representatives, contractors, agents, employees, and suppliers (including but not limited to all equipment and technology suppliers) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

5.4.

ItsMyCargo shall hold you harmless from liability to third parties resulting from infringement by the Service of any European patent or any copyright or misappropriation of any trade secret, provided ItsMyCargo is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; ItsMyCargo will not be responsible for any settlement it does not approve in writing.

5.5.

The foregoing obligations do not apply with respect to portions or components of the Service (i) not supplied by ItsMyCargo, (ii) made in whole or in part in accordance with your specifications, (iii) that are modified after delivery by you, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where you continue allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where your use of the Service is not strictly in accordance with this Agreement.

5.6.

If, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by ItsMyCargo to be infringing, ItsMyCargo may, at its option and expense (a) replace or modify the Service to be non-infringing provided that such modification or replacement contains substantially similar features and functionality, (b) obtain for you a license to continue using the Service, or (c) if neither of the foregoing is commercially practicable, terminate this Agreement and your rights hereunder and provide you a refund of any prepaid, unused fees for the Service.

5.7.

Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

5.8.

You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”).

5.9.

You shall also be responsible for maintaining the security of the Equipment, your account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your accounts or the Equipment with or without your company’s knowledge or consent.

5.10.

ItsMyCargo does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

5.11.

ItsMyCargo does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

5.12.

ItsMyCargo does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

 

6.Waiver and Complete Agreement

 

6.1.

This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.

6.2.

The failure of ItsMyCargo to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and ItsMyCargo and govern your use of the Service, superseding any prior agreements between you and ItsMyCargo (including, but not limited to, any prior versions of the Terms of Service).

6.3.

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with ItsMyCargo’s prior written consent. ItsMyCargo may transfer and assign any of its rights and obligations under this Agreement without consent.

6.4.

This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.

6.5.

In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

 

7.Intellectual Property and Customer Content

 

7.1.

ItsMyCargo alone shall own all right, title and interest, including Intellectual Property Rights, in and to the ItsMyCargo Technology, the Service, all related Trademark specific designs identity, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey any rights of ownership in or related to the Service, ItsMyCargo Technology or Intellectual Property owned by ItsMyCargo to you. The ItsMyCargo name, the ItsMyCargo logo, and the product names associated with the Service are trademarks of ItsMyCargo or third parties, and no right or license is granted to use them.

7.2.

We do not claim any intellectual property rights over the Materials you provide to the ItsMyCargo service. All Materials you upload remains yours.

7.3.

By uploading Materials, you agree: (a) to allow your user accounts to view the Materials you post to your shop(s) that can be only accessed through a registered user account that was approved by you; (b) to allow other internet users to view the Materials you post publicly to your shop(s); (c) to allow ItsMyCargo to store, and in the case of Materials you post publicly, display, your Materials; and (d) that ItsMyCargo can, at any time, review all the Materials submitted to its Service, although ItsMyCargo is not obligated to do so.

7.4.

You retain ownership over all Materials that you upload to an ItsMyCargo shop; however, by making your shop(s) public, you agree to allow others to view Materials that you post publicly to your shop(s). You are responsible for compliance of the Materials with any applicable laws or regulations.

7.5.

We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that we are required by law to disclose.

7.6.

ItsMyCargo shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your shop(s) to promote the Service.

7.7.

You agree not to, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”).

7.8.

You agree not to modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by ItsMyCargo or authorized within the Services); nor use the Services or any Software for time sharing or service bureau purposes or otherwise for the benefit of a third party; remove any proprietary notices or labels; access the Service in order to build a competitive product or service or copy any ideas, features, functions or graphics of the Service; or directly or indirectly instruct users to bypass finalising bookings through the system.

7.9.

Unauthorized use, resale or commercial exploitation of the Service and/or the Content in any way is expressly prohibited.

 

8.Payment of Fees

 

8.1.

You will pay the Fees applicable to your license for the Services (“License Fees”) and any other applicable fees, including but not limited to fees relating to the processing of bookings and quotations under your Account (“Usage Fees”), and any fees relating to your purchase of any Services such as Payment Wall, features, tools, packages, systems, Themes, API integrations and/or Third Party Services (“Additional Fees”). Together, the License Fees, Usage Fees, and the Additional Fees are referred to as the “Fees”.

8.2.

You will pay all Fees to your account in accordance with the Fees and billing terms in effect at the time a fee is due and payable.

8.3.

License Fees and Additional Fees are paid in advance and will be billed in 12-month intervals (each such interval, a “License Term”). License Term commences after Implementation Services, defined in accordance in Statement of Work, are completed (“License Term Start Date”). ItsMyCargo will automatically renew the License Term to its Services after 12 months (each such date, a “License Billing Date”). ItsMyCargo will bill you on each License Billing Date according to the then-current License Fee and Additional Fees in effect.

8.4.

Usage Fees are paid at the end of the month and will be billed in 30 day intervals (each such date, a “Usage Billing Date”). You will be charged on each Usage Billing Date for all outstanding Usage Fees that have not previously been charged.

8.5.

Fees will appear on an invoice, which will be sent to the Account Owner via the email provided at either License Billing Date or Usage Fee Billing Date. Invoices will be generated at the License Billing Date and Usage Billing Date. Users have fourteen (14) days to bring up and settle any issues with the billing of License Fees or Usage Fees.

8.6.

You must provide ItsMyCargo with valid credit/debit card (“Authorized Card”) or approved purchase order information as a condition to signing up for the Services and also to pay for all incurred and recurring Fees. ItsMyCargo will charge or invoice all applicable incurred and recurring Fees to the authorized card account or approved purchase order account, and ItsMyCargo will continue to charge or invoice the authorized credit card (or any replacement card) or approved purchase order account for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in Euros. All payments shall be in Euro currency.

8.7.

8.7.1.

If we are not able to process payment of Fees using the authorized card, we will make a second attempt to process payment using the Authorized Card three (3) days later. If the second attempt is not successful, we will make a final attempt three (3) days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account.

8.7.2.

If we are not receiving the payment of Fees to using the approved purchase order account within fourteen (14) days, we will grant you a second attempt to provide your payment seven (7) days later. If the second attempt is not successful, we will grant you a final attempt seven (7) days following the second attempt. If have not received the payment of Fees at within the seven (7) days of your final attempt, we may suspend and revoke access to your Account.

8.7.3.

If the outstanding Fees remain unpaid for 60 days following the date of suspension, ItsMyCargo reserves the right to terminate your Account. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next Billing Cycle. You will not be able to access your Account during any period of suspension.

8.8.

Any portion of outstanding Fees that is not paid and overdue will accrue interest at one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less, from the due date until paid, plus all expenses of collection and may result in immediate termination of Service.

8.8.

In specific circumstances, ItsMyCargo may offer certain ItsMyCargo Services for a trial period. During any trial period for the ItsMyCargo Services, all of the Terms of Service will apply, except for the relevant subsections in this Section 8 concerning payment, and certain additional trial terms and conditions may apply. ANY BACKEDUP DATA SAVED DURING A TRIAL WILL BE PERMANENTLY DELETED FOLLOWING THE TRIAL PERIOD UNLESS i) A PAID ORDER IS PLACED FOR THE SAME ITSMYCARGO SERVICES; or ii) THE BACKED-UP DATA IS EXPORTED BY CUSTOMER.

8.9.

In specific circumstances, ItsMyCargo may offer certain ItsMyCargo Services for a trial period. During any trial period for the ItsMyCargo Services, all of the Terms of Service will apply, except for the relevant subsections in this Section 8 concerning payment, and certain additional trial terms and conditions may apply. ANY BACKEDUP DATA SAVED DURING A TRIAL WILL BE PERMANENTLY DELETED FOLLOWING THE TRIAL PERIOD UNLESS i) A PAID ORDER IS PLACED FOR THE SAME ITSMYCARGO SERVICES; or ii) THE BACKED-UP DATA IS EXPORTED BY CUSTOMER.

8.10.

Some modifications to ItsMyCargo’s Services will be provided to you at no additional charge. In the event ItsMyCargo adds additional services to the ItsMyCargo Services that are not subject to License Fees and Additional Fees of the pre- existing License Term, ItsMyCargo may condition the implementation of such services on your payment of additional fees.

8.11.

Authorized Administrators may add licenses and Services by executing an additional written Order Form that is forwarded to sales@itsmycargo.com. Added licenses or Services will be subject to the following: (i) added licenses and Services will be coterminous with the pre-existing License Term; (ii) the Fees for the added licenses and Services will be the then- current, generally applicable Fees; and (iii) licenses and Services during the License Term will be charged in full on a pro rata basis for the remainder of the License Term through a separate invoice.

8.12.

ItsMyCargo reserves the right to change the Fees, applicable charges and usage policies and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail.

8.13.

All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties now in force or enacted in the future (“Taxes”).

8.14.

You agree to provide ItsMyCargo with complete and accurate billing and contact information. This information includes your company’s legal name, your company’s street address, your company’s domain specific e-mail address, and name, e- mail and telephone number of an authorized billing contact. You agree to update this information within 30 days of any change to it. If the contact information Customer has provided is false or fraudulent, ItsMyCargo reserves the right to terminate Customer’s access to the Service in addition to any other legal remedies.

8.15.

If you believe that the bill is incorrect, you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.

8.16.

All Fees are non-refundable.

 

9.Cancellation and Termination

 

9.1.

You may cancel your Account at any time by emailing support@itsmycargo.com and following the specific instructions indicated to you in ItsMyCargo’s response.

9.2.

If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

9.3.

Subject to earlier termination, this Agreement is in accordance with the License Term defined in Section 8.3 and specified in the Order Form. The License Term shall be automatically renewed for the same duration, unless either party requests termination at least thirty (30) days prior to the end of the then-current License Term.

9.4.

In addition to any other remedies it may have, you may also terminate this Agreement upon fifteen (15) days’ notice (or without notice in the case of non-payment), if ItsMyCargo materially breaches any of the terms or conditions of this Agreement. Customer will pay in full for the Services up to and including the last day on which the Services are provided. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

9.5.

Upon termination of the Services by either party for any reason:

9.5.1.

ItsMyCargo will cease providing you with the Services and you will no longer be able to access your Account;

9.5.2.

unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;

9.5.3.

any outstanding balance owed to ItsMyCargo for your use of the Services through the effective date of such termination will immediately become due and payable in full; and

9.5.4.

your shop will be taken offline from your website.

9.6.

Fraud: Without limiting any other remedies, ItsMyCargo may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the shop.

 

10.Software-Escrow

 

10.1.

From the termination date, you will no longer be able to use the Service offered by ItsMyCargo. All deposit materials that are the result of transferring, processing or storing of any user and third-party data through the Service(s) will be deleted without entitlement to any compensation. Customer shall be solely responsible for the consequences of the termination of the Services, in particular in terms of continuity of its internal management and commercial activities.

10.2.

All intellectual property rights on the Services including but not limited to source-code and deposit materials available in the Services remain the sole property of ItsMyCargo. ItsMyCargo warrants that it has developed the Services and owns the intellectual property rights to all elements used to provide the Service.

10.3.

All ItsMyCargo undertakes not to claim any ownership of deposit materials that are the result of transferring, processing or storing of any user and third-party data through the Service(s), which remain the sole property of the Customer.

10.4.

ItsMyCargo will make available to the Customer a copy of deposit materials that are the result of transferring, processing or storing of any user and third-party data through the Service(s), if one of the following circumstances occurs:

10.4.1.

ItsMyCargo is declared bankrupt (faillissement);

10.4.2.

ItsMyCargo discontinues its business activities;

10.4.3.

ItsMyCargo, whether or not due to force majeure, fails to perform one or more important obligations under the Terms of Service, as a result of which the continuity of all or part of the automated data processing (or part thereof) of the Customer is or will be jeopardised, and ItsMyCargo remains in breach of this important obligation thirty days after being given written notice of default by the Customer by registered letter;

10.4.4.

ItsMyCargo will, whether at the end of the period for which the SaaS Service was agreed or otherwise, discontinue the SaaS Service and/or no longer carry out Maintenance;

10.4.5.

ItsMyCargo changes the SaaS Service, as a result of which the use of the SaaS Service by the Customer is seriously disrupted;

10.4.6.

ItsMyCargo and/or the Services is/are acquired by a third party, and such party does not perform in full the agreement(s) between ItsMyCargo and the Customer and/or the related agreements between ItsMyCargo and third party suppliers that are necessary for the continued and uninterrupted use of the Service(s);

10.4.7.

ItsMyCargo fails to perform one or more important obligations resulting from the Terms of Service and remains in breach of this important obligation thirty days after being given written notice of default by registered letter.

 

11.Modifications to the Service and Prices

 

11.1.

Prices for using the Services are subject to change upon 30 days notice from ItsMyCargo. Such notice may be provided at any time by posting the changes to the ItsMyCargo Site or the administration menu of your ItsMyCargo shop via an announcement.

11.2.

ItsMyCargo reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with reasonable in advance notice.

11.3.

ItsMyCargo shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

 

12.Third Party Services and Business Entities

 

12.1.

In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, ItsMyCargo’s partners or other third parties.

12.2.

ItsMyCargo may from time to time recommend, provide you with access to, or enable third party API access, software products, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the ItsMyCargo website. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or through your ItsMyCargo online shop(s) is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.

12.3.

We do not provide any warranties with respect to Third Party Services. You acknowledge that ItsMyCargo has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on ItsMyCargo’s website, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with ItsMyCargo. ItsMyCargo does not guarantee the availability of Third Party Services and you acknowledge that ItsMyCargo may disable access to any Third Party Services at any time in its sole discretion and without notice to you. ItsMyCargo is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. ItsMyCargo strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.

12.4.

If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. ItsMyCargo is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.

12.5.

Google Services is a Third Party Service by Google Ltd. that is used within the Services. Your use of the Service is subject to your acceptance of Google Ltd.’s Universal Acceptable Use Policy, as it may be amended by Google Ltd. from time to time.

12.6.

Under no circumstances shall ItsMyCargo be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if ItsMyCargo has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

12.7.

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, ItsMyCargo partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

12.8.

No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind ItsMyCargo in any respect whatsoever.

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