CARGONEWS

Terms of use using the CargaRapido.com System.

1. General Provisions.

1.1. General Provisions These Terms of Use (from now on referred to as the “Rules”) govern the use of: p_site (from now on referred to as the Website), p_app applications for iOS and Android operating systems, the Cargo.Messenger desktop application for Windows and macOS operating systems, collectively from now on referred to as the System. During registration in the System, the User agrees to familiarize himself with the current version of the Rules.

1.2. The System Administrator p_site (from now on referred to as the Administrator) means p_company, a legal entity registered at: p_address.

1.3. Company – an individual or legal entity registered in the System under these Rules.

1.4. User – an individual or employee (manager) of the Company (in the case that the User is a legal entity).

1.5. Derivative Account – an individual, employee (manager) of the User (in case the User is a legal entity).

2. Registration.

2.1. During registration, the User agrees with these Rules and thereby confirms that he has read these terms and expresses his agreement with all the conditions of these Rules.

2.2. The user has the right to have and use only one active Account.

2.3. At the time of registration in the System, the Company will receive a CargoID identifier. Each Company can only have one CargoID.

2.4. Upon registration, the User agrees to:

2.4.1. Provide only actual data about the User and/or Company.

2.4.2. No later than 14 calendar days inform the Administrator of any changes in the organization of associates, shareholders, and managers of the Company.

2.4.3. Inform the Administrator of any changes in the status of the Company; for example, bankruptcy proceedings have been started regarding the Company, the Company is declared bankrupt, or the Company has been liquidated.

2.5. It is forbidden to register in the System under several or false names.

3. User Verification.

3.1. To verify the reliability of the Company, the Administrator reserves the right to request documents from the Company or the User, for example, constituent documents, employment contracts, premise leases, Internet, mobile or landline communications bills, personal documents of managers, etc.

3.2. The administrator reserves the right to communicate by phone to verify the telephone and address information of the Company or its Users.

3.3. The Administrator reserves the right to change the data necessary to create an Account, verify the Company, and authorize the User in the System. The User is forbidden to independently make changes to his data in the System, except for those available for editing in the profile of the Company or User.

3.4. After verifying the User’s documents or other data (including criminal records), the Administrator reserves the right, at any time, to suspend, halt the verification process, and block the User’s or their Derived Account’s access to the System, without this implying any refund of the amounts paid up to that point.

4. Database and software protection.

4.1. It is forbidden to intentionally disrupt the operation of the System and/or its server infrastructure.

4.2. Any duplication or reproduction of the data provided by the System is prohibited, for example Users’ or Company’s data, offers of loads and/or transport, including the use of scripts and/or any software tools that allow this.

4.3. It is forbidden to distribute and/or transfer information published in the System to third parties, including partners, contractors, friends, relatives, etc.

4.4. Users are prohibited from uploading or publishing illegal or malicious files/items that are of a criminal nature or those that are harmful to the System.

4.5. It is forbidden to distribute, or disclose information to third parties, used to create other or separate databases, and otherwise use data from the System.

4.6. It is forbidden to transfer the data of your Account to third parties, other Users, partners, contractors, friends, relatives, etc.

4.7. It is forbidden to use the Account of another User.

5. Rules for the publication of information created by the User into the System.

5.1.  General Provisions.

5.1.1. It is forbidden to publish false, provocative, threatening statements or insulting the interests of other Users in the System.

5.1.2. It is forbidden to use obscene and abusive language in communication with other Users and the System Administrator.

5.1.3. It is forbidden to publish information that offends other nationalities and peoples, for example: use derogatory comments of various nationalities such as (“Muscovites”, etc.).

5.1.4. It is forbidden to publicly discuss the products sold and the services provided by the System.

5.1.5. It is forbidden to provide other Users and / or the Administrator with false information about themselves.

5.1.6. It is forbidden to discuss the work and decisions of the System Administration publicly.

5.1.7. It is forbidden to publish information in the System (including messages between Users in Messenger) for advertising or promoting third-party resources related to the System: sites, projects, software products, mobile applications, and etc. Such actions are interpreted by the Administrator as unfair competition and maybe the foundation for a lawsuit against the violating user.

5.1.8. It is forbidden to use a large number of exclamation points, emoticons, special characters or spaces, or writing exclusively in capital letters.

5.2. Rules for the publication of proposals in the section “Loads”, “Transport”, “Sea”, or “Air”.

5.2.1. It is forbidden to publish offers of loads that belong to other Companies registered in the System, or fictitious offers.

5.2.2. When publishing offers, it is forbidden to provide the telephone numbers of other Users in other companies as contacts or the telephone numbers of individuals and/or legal entities that are not registered in the System.

5.2.3. It is forbidden to unreasonably update, duplicate offers.

5.3. Rules for publishing proposals in the “Chat” section.

5.3.1. It is forbidden to publish an ad that contains an advertising nature, including any companies, products sold, services provided, etc.

5.4. The rules for publishing proposals in the “Forum” section.

5.4.1. It is forbidden to speak out of topic in a specific thread in the Forum section.

5.4.2. It is forbidden to publish an ad that contains an advertising character, incl. Any companies, products sold, services provided, etc.

5.5. Rules for publishing user reviews.

5.5.1. When publishing feedback regarding a Company or a User, it is forbidden to publish false and unreasonable information and/or other documents that are not related to the activities of the Company or the User.

5.6. Rules for publishing unpaid bills.

5.6.1. Unpaid invoices can be published only by paid Companies that do not have any pending debts on bills issued by the Administrator for the services of the System.

5.6.2. It is forbidden to publish information regarding unpaid bills of Companies from the “Chat” or  “Forum” section, in the Companies reviews.

5.6.3. It is forbidden to publish an unpaid invoice for which the payment deadline has not expired.

5.6.4. It is forbidden to publish an unpaid invoice, the payer of which is another Company that is registered in the System or another legal or actual person.

5.6.5. It is forbidden to publish an unreasonable compliant for an unpaid bill made by another Company against your Company.

5.7. Rules for filing a protest to an unpaid invoice or fee.

5.7.1. It is forbidden to publish an unreasonable protest on an unpaid invoice or fee from another User.

6. Administrator rights.

6.1. The Administrator reserves the right to change the cost of the System’s services without prior notice, suspend and/or interrupt the provision of services, block access to the System or its sections as a whole or from specific devices, block the User’s or Company’s IP address (s) if:

6.1.1. The User or Company does not fulfill his financial responsibilities to the Administrator, other System Users or Company’s, or third parties (customers, carriers, forwarders).

6.1.2. If the User or Company is in any way connected with other Users, Companies or persons (the same legal or actual address, the same managers or beneficiaries, hidden real names of employees, etc.), who were denied access to the System priorly due to insolvency, bankruptcy, improper fulfillment of their financial obligations, etc.

6.1.3. The User or Company performs the actions provided for in section 5 of these Rules.

6.2. The Administrator reserves the right to charge the User or Company a forfeiture which will be paid by the User or Company for the services of the System in the amount of:

6.2.1. A monthly subscription fee, without applying current promotional offers and discounts – in case of minor violations of any of these Rules;

6.2.2. The equivalent of the annual subscription fee excluding VAT for each violation – in case of violations that constitute a common threat to the interests of the Administrator or other Users or Companies, for example: in the cases provided for in clauses of Rules 5.1.1, 5.2.2, 5.1.7, 5.3.1, 5.4. 2.

6.2.3. The equivalent of a double annual subscription fee excluding VAT for each violation – in case of a significant breach of terms that damage the interests of the Administrator or other Users and Companies , for example: in the cases provided for in section 4 of these Rules.

6.3. In the cases provided for in clauses 5.3.1, 5.4.2 of the Rules, the Administrator reserves the right to transfer the published information to the “Announcements” section and charge a fee for this.

6.4. In the events presented in Section 5 of these Rules, the Administrator reserves the right to delete, hide or change the offer for a load and/or transport, an announcement, a  topic in the “Forum” section, a message or user review without prior notice.

6.5. In the cases provided for in clause 5.7 of these Rules and its subparagraphs, the Administrator reserves the right to impose a fine for the publication of an unjustified claim in the amount of 10 USD. In the event of a repeated violation, the amount of the penalty may be increased, and the ability to report unpaid bills may be disabled.

6.6. In the case provided for in clause 5.8.1 of these Rules, the Administrator reserves the right to declare the complaint of an unpaid bill unreasonable and reject it, as well as impose a fine on the User or Company for reporting an unjustified complaint in the amount of 30 USD.

6.7. In the circumstances provided for in Section 4 of these Rules, the Administrator reserves the right to suspend and/or interrupt the provision of services without prior notice, block access to the System or its sections as a whole or from specific devices, and block the User’s or Company’s IP address (s). Such actions are interpreted by the Administrator as unfair competition and may be the basis for a lawsuit against the violator.

7. Responsibility of the Administrator.

7.1. The Administrator takes all possible measures to ensure the availability of the System and is not responsible for:

7.1.1. System malfunctions or loss of Users or Companies data caused by a reason beyond the control of the Administrator;

7.1.2. For lack of access or incomplete access to the System due to incorrect operation or breakdown on the side of the contractor providing web hosting and/or server hosting in the data center;

7.1.3. System unavailability caused due to improper operation of the software or technical means of the User;

7.1.4. System failures as a result of force majeure circumstances, factors beyond the control of the Administrator, including unauthorized interference in the operation of the System of Users or third parties;

7.1.5. For the information posted by the Users in the System, for example, offers for loads and transport and the consequences of its use by the Users (including when concluding transactions, signing contracts, etc.).

7.2. p_site represented by the Administrator p_company is not a party to the contractual relationship that arose between the Users  or Company’s in the process of their use of the information presented in the System.

8. Payment for services.

8.1. The Administrator reserves the right to make all, or specific services of the System paid, and the Company must pay the bills provided by the Administrator for the services of the System within three days from the day they are introduced. Invoices are sent to the email address that was specified by the User or Company in their account.

8.2. In the case of freezing and/or terminating the provision of services at the Company’s initiative, the funds that were paid by him, including those for services that have yet to expire at the time of suspension are not refundable to the Company or any third party (moneylenders of the Company, etc.).

8.3. In the case of application of the Administrator’s right provided for in clause 6.1 based on subclauses 6.1.1, 6.1.2, 6.1.3, clause 6.7 of these Rules, the funds paid by the Company for the services of the System are not refundable to the Company.

8.4. In the cases provided for in clauses 7.1.1, 7.1.2, 7.1.3, 7.1.4 of these Rules, funds paid by the Company for the services of the System whose duration has not expired are not refundable to the Company.

9. Final provisions.

9.1. The Administrator reserves the right to amend or supplement these Rules at any time unilaterally. The date of the latest changes is indicated on the web page of these Rules. The new edition of the rules comes into force from the moment of publication.

9.2. In case of changes to these Rules, the Administrator notifies users in advance by sending an email to the email address specified in the User’s account. Notifications are considered to be provided to the User properly if they have been sent to the email address specified in the User’s account.

9.3. Continued use of the System by the User after making changes and/or additions to these Rules indicates agreement and consent of the User to such changes and/or additions.

9.4. If the User does not agree with the changes and/or additions to the Rules, he is obliged to notify the Administration within 30 days of the date of publication of the latest changes and/or additions to these Rules by sending an email to p_email from the email address specified in the Account of the User.

9.5. The User is obliged to fully familiarize themselves with these Rules before registration in the System. User registration in the System means the full and unconditional acceptance by the User of these Rules.

9.6. These Rules constitute an agreement between the User and the System Administration regarding the procedure for using the System and its functionality and replace all previous agreements between the User and the Administration.

9.7. These Rules come into force for the User from the moment of his registration in the System and are valid for an unspecified period.

9.8. The ignorance of the Rules does not exempt from liability.