These eBookings Platform Terms of Service govern the placement of bookings by you, as a Buyer, of freight services from airlines, ocean carriers and other freight service providers (“Carriers”) via the WebCargo by Freightos Platform (the “Platform”). The Platform is made available by Freightos Hong Kong Limited, a Hong Kong company and its affiliated entities (collectively referred to as “Freightos”). The function of the Platform is to transmit messages containing data representing business documents that relate to offering and placing bookings for freight services, between a Carrier and you.
Freightos has developed and hosts and operates software-as-a-service and application programming interfaces (APIs) (collectively, “Software”) accessed over the Internet by customers who subscribe (for pay or for free), via a web browser and/or mobile app; such Software includes business data such as industry rates and schedules collected and provided by Freightos, the ability for sellers to upload their own data such as rates , business functionality such as searching for rates and direct real-time communication with carriers , calculating, generating and transmitting price quotes, and other functionality from time to time, where such functionality may lead to the creation of new types of data including price quotes, bookings, airway bills, etc. All types of data, together with the Software, are referred to as the Platform.
Use of the Platform is made available to you within the Software you have subscribed to or a Third-Party Platform as described below. The Platform may provide access to third-party services such as insurance, credit, and payments. Freightos does not endorse or assume responsibility for the quality, reliability, or performance of these services (unless Freightos actually provides the service). You are advised to review the terms and conditions of each third-party provider.
By accessing the Platform to place an eBooking, you agree to these eBookings Platform Terms of Service.
The following policies are included by reference in these Terms of Service: privacy and cookies. Personal data submitted in connection with the use of the Platform will be processed pursuant to the Freightos Data Processing Addendum (DPA), incorporated by reference.
Definitions
In these Terms of Service the following terms have these definitions:
- Authorized User means a natural person authorized to interact with the Platform on behalf of a User.
- Buyer means a User of the Platform who is eligible to buy cargo services from a Carrier and seeks to communicate with a Carrier and place eBookings with a Carrier through the use of the Platform. Buyer is typically a freight forwarder, and may include a member of IATA, CASS associate or a person otherwise accepted by a Carrier that wishes to access the Platform. Each Carrier may set its own criteria for Buyers that may place eBookings with that Carrier.
- Carrier means any party selling cargo services on the eBooking Platform and may include airlines, ocean carriers, GSAs and master loaders. Carriers must sign a separate Carrier Platform agreement and integrate their IT systems with the Platform.
- Delegate means a business partner of a Buyer to whom Buyer has granted authority to use the Platform on Buyer’s behalf.
- eBookings are commitments for cargo services between Buyer and a Carrier. Subject to Carrier’s acceptance, Buyer has entered into an agreement with the Carrier at the moment that Buyer clicks to finalize the eBooking and by doing so agrees with all of the details in the summary of that transaction. Each Carrier may assess penalties or charges for a Buyer’s failure to honor its commitment. Carriers, not Freightos, are responsible for honoring any eBookings and performing the applicable freight services. Buyer agrees to accept any terms, conditions, rules and restrictions associated with such freight services that are imposed by the Carriers.
- Messages are business documents coded in formal data formats, sent between Buyers or Delegates and Carriers. Message types sent from a Buyer to a Carrier typically include queries for rates, and eBooking requests. Message types sent from a Carrier to a Buyer typically include: offer of capacity and rates, eBooking acceptance/rejection, eBooking/shipment statuses and related messages.
- Party or Parties are User and/or Freightos as the context implies.
- SaaS means software-as-a-service.
- Third-Party Platform means a third-party SaaS product or other technical platform with the capabilities of providing access to the Platform embedded in its other functionality and allowing a Buyer/User to send and receive Messages with a Carrier.
- Third-Party Services means services offered by entities other than Freightos, which may include but are not limited to insurance, credit, and payment processing services.
- User or Users means any person (including any legal entity) using the Platform, and includes Carrier, Buyer, Third-Party Platform and Delegates.
Freightos reserves the right to cancel the access to the Platform to any Buyer and its Authorized Users due to the inactivity of the Platform by a Buyer or breach of these Terms of Service or any of Freightos’ other policies by a Buyer or any of its Authorized Users.
Accessing The eBooking Platform
In order to access the eBooking Platform, you must either
- already be a Freightos subscriber for SaaS or otherwise agree to Freightos’ Terms of Service, which may be found here: https://www.webcargo.co/terms-of-service/, or
- access the Platform via a Third-Party Platform such as a commercial TMS software product for forwarders, which Third-Party Platform has been approved by Freightos, and has integrated their platform to the Platform and exposed the Platform functionality to their customers as part of their product. A Third-Party Platform either connects its platform to the Platform by server-to-server integration and/or by embedding part of the Freightos user interface in its own user interface, with permission from Freightos. (Embedding Third-Party Platforms is not covered in these Terms of Service and is subject to a Third-Party Platform agreement.)
Users access the Platform via Freightos’ Software or a Third-Party Platform through the use of a username and password. Buyer and its Authorized Users are responsible for establishing and providing the connection to the Software using a standard web browser and internet connection. Only Authorized Users are permitted to access the Platform. Buyer and each Authorized User shall be responsible for maintaining the secrecy of usernames and passwords. Buyer and each Authorized User agree to notify Freightos if a username has been compromised.
Buyer is solely responsible for its use and its Authorized Users’ use of the Platform. Buyer and Authorized Users must not not use the Platform for any illegal purpose, in infringement of copyright, trademark, intellectual property or property rights or laws, or in any manner or for any purpose that interferes with or disrupts other Buyers, Authorized Users, services or equipment, including Freightos Users, services and equipment. Access to Third-Party Services through the Platform is provided solely for convenience. Freightos is not responsible for the terms, performance, or provision of these services. Users must directly resolve any issues or disputes with the Third-Party Service provider.
It is Freightos’ policy to comply with all applicable sanctions laws, regulations and orders (collectively, “Sanctions Laws”). Buyers and its Authorized Users shall not engage in any activity that would cause Freightos or its personnel to be in violation of Sanctions Laws. Throughout the term of this Agreement, Buyer and all Authorized Users represent, warrant, and agree that (i) it is not on, and will not be added to, the Specially Designated Nationals and Blocked Persons List (“SDN List”) administered by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury, the European Union Consolidated Financial Sanctions List, or the United Nations Security Council Consolidated List, and (ii) it will not transact or deal pursuant to this Agreement with any person or entity that is on the SDN List, the European Union Consolidated Financial Sanctions List, or the United Nations Security Council Consolidated List.
User Conduct Guidelines
The following terms apply to the conduct of Buyer and its Authorized Users when accessing or using the Platform: (a) they will not interfere with or disrupt the Platform or the servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform; (b) they will not engage in any activity that would constitute a criminal offense or give rise to a civil liability; (c) they will not impersonate any person or entity, including, but not limited to Freightos or any Freightos representative, or falsely state or otherwise misrepresent any affiliation with any person or entity; and (d) they will not interfere with any other User’s right to privacy, including by harvesting or collecting personally-identifiable information about Users of the Platform or posting private information about a third party.
Specifically, Buyer and each of its Authorized Users shall make reasonable use of the Platform, using it for its intended purpose only, and shall not, and shall ensure that all Delegates do not: (i) circumvent, disable or otherwise interfere with the Platform; (ii) violate or abuse password protections governing access to the eBookingPlatform; (iii) other than as set out herein, allow any third party to use the Platform or assign, release, transfer or sell the Platform or any part thereof to any third party; (iv) copy, modify, reverse engineer, decompile, disassemble or derive, or attempt to derive, the source code of, the Platform or related services or any components thereof; (v) use the Platform to develop a competing service or product; (vi) reproduce, duplicate, publish, disclose, distribute, license, sub-license, relicense, or use the Platform as a basis for a derivative platform except as specifically authorized by Freightos in writing, (vii) use any automated means to access the Platform; (viii) take any action that imposes or may impose, at Freightos’ sole discretion, a disproportionately large load on the Freightos infrastructure; (ix) interfere or attempt to interfere with the integrity or proper working of the Platform; (x) remove, deface, obscure, or alter Freightos’, or any third party’s, copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Platform or the Messages, or use or display logos differing from those of Freightos; (xi) impersonate any person or entity, including, but not limited to Freightos or any Freightos representative, or falsely state or otherwise misrepresent any affiliation with any person or entity; (xii) interfere with any other User’s right to privacy, including by harvesting or collecting personally-identifiable information about Users of the Platform or posting private information about a third party; (xiii) use the Platform and/or Messages in any unlawful manner or in breach of this Agreement, or (xiv) “crawl” the Platform, collect statistics, or generate any Message for the purpose of gathering data, or for the purpose of placing an eBooking through a channel other than Platform. The only allowed Messages are bone fide communications as part of an actual or real potential air cargo transaction which will be booked on the Platform.
The Freightos website was developed by and is solely owned by Freightos and it will remain the exclusive property of Freightos.
eBooking and Role of Freightos as a Messaging Platform Only
The role of Freightos’s Platform is to relay Messages. An eBooking request Message sent from a Buyer to a Carrier followed by an eBooking confirmation Message returned to Buyer may result in a binding booking between Buyer and Carrier; Freightos is in no way a party to the Messages or to any eBooking.
You should note that if you enter into a binding eBooking contract with a Carrier, if there are no explicit terms of service agreed directly between Buyer and Carrier then you agree that the Carrier’s general terms of carriage as listed in Annex A or as otherwise posted on Carrier’s website will apply. Buyers are encouraged to seek their own legal advice and where necessary discuss terms directly with the Carrier.
The role of the Platform is always limited to the technical transmission of Messages including data syntax translations and mappings as needed. Freightos does not provide freight services of any kind, including but not limited to: Freightos does not ship cargo, is not an insurer or otherwise involved in providing services connected to the shipment of cargo. Carriers are not agents, contractors, or otherwise affiliated entities of Freightos. Freightos does not endorse any Carrier, in any way supervise, direct or control a Carrier’s performance of freight services, nor does Freightos warrant that any Carrier will meet Buyer’s expectations in performing freight services. Freightos is not obliged to conduct background checks on any Carrier, but might do so on a discretionary basis. Freightos never receives or transmits Messages on its own behalf, and Freightos never alters the business semantics of the Messages transmitted through the eBooking Platform. The role of Freightos’ Platform in facilitating Third-Party Services is limited to providing technical access. Freightos is not a party to any agreements or transactions between Users and Third-Party Service providers. All terms, conditions, rules, and restrictions of the Third-Party Service providers will apply to those services. The access to and use of the Platform is at Buyer’s own risk.
Booking Network Delegation
Buyer may choose to delegate the ability to view and initiate Messages with a Carrier on behalf of Buyer to a Delegate. An example of delegation is a freight forwarder who allows their foreign agent freight forwarder to view rates that Buyer receives from a Carrier (optionally with a markup configured by Buyer), and to initiate eBookings on behalf of Buyer to a Carrier. Another example is a freight forwarder delegating to their own trusted customer. The Delegate, once authorized, may initiate the eBooking via their own Freightos account or via an affiliated platform.
In case an eBooking is initiated by a Delegate and accepted by Carrier, a binding booking agreement may be created between Buyer and Carrier and Buyer is fully responsible to Carrier for all Buyer obligations arising from the eBooking. If no binding commercial agreement exists between Buyer and Carrier, then Carrier’s general terms of carriage will apply. Buyer is advised to delegate carefully to Delegates that Buyer trusts and after creating a clear commercial contract between Buyer and Delegate (e.g., a freight forwarder agency agreement) and standard operating procedures defining exactly what Messages/eBookings Delegate may and may not initiate with Carrier on behalf of Buyer and how to deal with operational issues, cancellations, payments etc.
Freightos is in no way a party to any agreement between Buyer and a Delegate, and has no responsibility or liability connecting to or arising from Messages, or any eBookings that may be created; Freightos’ role is limited to allowing Delegates, based on parameters configured by Buyer, to initiate and read Messages between Buyer and Carrier on behalf of Buyer.
Every Delegate must be registered with Freightos and in case they have not become a party to this Agreement must accept a declaration in the form provided in Annex B before initiating an eBooking for a Buyer who has authorized them. Any Third-Party Platform that has been authorized by Freightos to support delegation functionality must enforce this.
Liability between Buyer and Delegate: In case Buyer and Delegate do not have an explicit agreement between them regarding liability for eBookings, then both hereby agree between themselves that Buyer is responsible for all eBookings vis à vis the Carrier, but that Delegate indemnifies Buyer for any losses related to an eBooking initiated by Delegate contrary to any standard operating procedures agreed in writing between Buyer and Delegate. (For example if they agree in writing between them that Delegate will not initiate an eBooking on certain Carriers, or for certain times, or any other restriction or process, and Delegate places an eBooking contrary to these rules then, in such a case only, Buyer may claim from Delegate any costs resulting directly from this eBooking, for example if Buyer has to pay Carrier for a non-cancellable eBooking which they are not able to use). If, on the other hand, Delegate triggers an eBooking in accordance with the authorization and standard operating procedures specified by Buyer in writing, then Delegate will not indemnify Buyer for any resulting losses.
In any event Freightos is not a party to the agreement between Buyer and Delegate and this section is provided purely as a convenience to create commercial clarity between a Buyer and Delegate who do not have a separate bilateral agreement on this subject. Buyer and Buyer’s Delegates must resolve all matters between themselves in case there is a claim or dispute between them or with a Carrier.
Services And Support
Freightos will make the eBookings Platform available to Buyer as described in these Terms of Service. In Freightos’ efforts to improve the eBookings Platform, features are subject to change or be discontinued at Freightos’ discretion. The current versions of the Software are usable on PCs, Macs, and certain tablets and smartphones.
All support requests should be sent to [email protected] or via other support contact methods published on webcargo.co from time to time.
Freightos will use reasonable commercial efforts to make the Platform available at least 99.9% of the time. This means that Authorized Users are able to login to the service and make eBookings.
No guaranteed service level agreement is provided for any free subscriptions to the Platform. In addition, Freightos may schedule downtime for maintenance work of up to twenty (20) hours each calendar month, but not more than 100 hours per calendar year, announced in advance to Users by email or by posting to the Platform.
Freightos Pay
- Freightos is partnering with one or more financial service companies (the “Payments Service Providers”) to enable Buyers to make payments to Carriers in connection with eBookings (the “Payments Service”). The Payments Service Providers will facilitate payments by Buyers to Carriers via the Platform. Buyers that make eBookings will be given the option to pay Carriers for services through this Payments Service to be branded Freightos Pay. Notwithstanding that Freightos and its Payments Service Providers partners will be making available a payment mechanism as part of the Platform, Freightos will not be a party to any eBookings, neither as a customer, nor as a freight service provider; Freightos’ offering of the Payments Service does not alter or affect the relationship between Buyers and Carriers; Freightos is not liable to Buyers or Carriers in connection with cargo and associated services rendered in connection with eBookings via the Platform. Payments to Carriers (other than fees) do not pass into Freightos’s legal ownership at any time from payment initiation to completed payout.
- Buyers using Freightos Pay may remit payment (via credit card, debit card, ACH, SEPA transfer or other approved payment method, as will be accepted in the region and by the Platform at Freightos’ discretion) to one or more accounts (the “Accounts”)’ held by Freightos with one or more Payments Service Providers, or held by the Payments Service Providers as a custodial account with payments directed by Freightos, that are for the benefit of Carriers (and other sellers). Freightos may establish the Accounts to be able to receive funds in different currencies. You grant Freightos the right to instruct the Payments Service Providers on the use of funds in the accounts, including to receive funds from you and to then send funds to Carriers (and other sellers) in connection with the eBookings.
- Carriers will issue invoices to Freightos for account of Buyers for freight services rendered pursuant to eBookings whenever Buyer chooses to pay via Freightos Pay (“Paid eBookings”). Freightos will, from time to time, but no less often than twice a month, direct the Payments Service Providers to make payments to Carriers to satisfy the payment obligations of Buyers represented by those invoices for services successfully rendered by Carriers. Freightos will issue invoices to Buyers on a bi-weekly basis clearly marked as being on behalf of Carriers. For eBookings of air cargo services, airway bills for Paid eBookings will be issued to Buyers either directly by airlines or by Freightos on behalf of airlines.
- Carriers will be paid in the currency in which prices were quoted and booked (typically the currency of the origin country). Freightos may collect from a Buyer payments in another currency convenient for Buyer, and any fee associated with such collection will be borne by Buyer, as set forth on a price listing.
- In certain circumstances, Buyers may deposit funds into one or more Accounts to be held pending eBookings (“Prepaid wallet”) and Freightos may charge an administrative fee in connection with deposits into a Prepaid wallet. Funds in Prepaid wallets will only be paid to a Carrier following successful provision of services, or returned to Buyers should they decide to no longer utilize the eBookings Platform.
- Buyers and Carriers will need to resolve any disputes that may arise between them. Freightos will assist Buyers and Carriers to resolve any such disputes by providing them with information from the Platform about the provision of services pursuant to an eBooking. In order for Freightos to provide that assistance, Buyers and Carriers must provide timely information to Freightos with regards to changes in weight or volume (identified post tendering at the ground handling agent), flights, etc.
- In consideration for making the Payments Service available, Freightos will charge a service fee, which may be a fixed fee or a percentage of the total freight cost (“Payments Service Fee”). The Payments Service Fee may be adjusted depending on the Payments Service used. Buyer is responsible for the payment of any Payments Service Fee. If you have any questions about the Payments Service Fee, please contact us before placing the eBooking using the Payments Service.
- Freightos and/or a Payments Service Provider may, at their discretion, offer some Buyers alternative payment arrangements, including credit lines or credit cards. Any such alternative payment arrangements will have their own terms and conditions and there will typically be an additional Payments Service Fee assessed in connection with these arrangements. Freightos and/or a Payments Service Provider will typically only provide payment terms after a Buyer has applied for a credit line and cooperated with credit check and KYC (know your customer) procedures. Freightos or a Payments Service Provider may change or cancel any Buyer’s credit limit at any time and at its sole discretion. In case of a bankruptcy, winding up or similar process of a Buyer, all outstanding payments will be due immediately.
Termination of Access
Freightos may terminate Buyer’s access, or any Authorized User’s access, to the Platform immediately for breach of these Terms of Service or any of Freightos’s other policies in connection with the use of the Platform.
Anonymous Data
User grants F Buyer grants Freightos and its affiliated companies permission to use aggregated anonymous data generated by Buyer, including data derived from searches, Messages and eBookings to generate aggregate, anonymous, statistical data, which will not identify User (“Anonymous Data”), and to use such Anonymous Data in any manner in which Freightos sees fit, including selling such Anonymous Data. This Anonymous Data is not Confidential Information for purposes of these Terms of Service.
Links And Third-Party Content
Certain content, components or features of the Platform may include materials from third parties and/or hyperlinks to other websites, resources or content and therefore be subject to third parties’ terms and conditions. Because Freightos may have no control over such third party websites and/or contents, Freightos is not responsible for the availability of such websites or resources and does not endorse or warrant any accuracy of any such websites or resources. Freightos shall in no way be liable or responsible for any content, advertising, products, services or materials on or available from such websites or resources. Freightos is not responsible or liable in any way for any damages incurred or alleged to be incurred, either directly or indirectly, as a result of any use and/or reliance upon any such third-party contents, advertising, products, services or materials on or available from such websites or resources.
Confidentiality
In these Terms of Service “Confidential Information” means any information (including materials, drawings, specifications, photographs, computer code, computer programs, software, data, formulae, processes, know-how, any technical or commercial information), reports, papers, correspondence or documents which is disclosed by or on behalf of one Party to the other, or to any of such other’s employees, officers, agents, advisors or representatives, in whatever form (including written, oral, visual or electronic), and which is, or which should reasonably be expected to be, of a confidential nature.
The Party receiving or acquiring Confidential Information (the “Receiving Party”) from the other Party (the “Disclosing Party”) undertakes for so long as such Confidential Information remains confidential in character: (i) to keep all such Confidential Information confidential and ensure it is protected against theft or other unauthorized access; (ii) not to communicate or otherwise make available any such Confidential Information to any third party except with specific prior written consent from the Disclosing Party; (iii) to disclose Confidential Information only to such personnel employed by the Receiving Party who have specific need to receive such Confidential Information in connection with the Platform, and who are aware and have accepted that the Confidential Information is, and should be treated as, of a confidential nature; and (iv) not to use, or allow to be used, Confidential Information other than solely for or in relation to the Platform, unless (and then only to the extent to which) any other use shall have been specifically authorized in writing by the Disclosing Party.
The obligations above shall not apply, or shall cease to apply, to such Confidential Information that: (i) has become public knowledge other than through any fault of the Receiving Party; (ii) was already known to the Receiving Party prior to disclosure by the Disclosing Party; (iii) was independently developed by the Receiving Party without recourse to or use of any Confidential Information; (iv) has been received by the Receiving Party from a third party who did not acquire it in confidence from the Disclosing Party, or someone owing a duty of confidence to the Disclosing Party; or the Receiving Party is required to disclose by law or by a requirement of a regulatory body.
By using Third-Party Services through the Platform, you consent to the sharing of your data with these providers as necessary to facilitate the service. We will only share data in accordance with our Privacy Policy and applicable data protection laws. The obligations of confidentiality in these Terms of Service shall apply to all Confidential Information disclosed by the Parties and shall continue in force notwithstanding termination of Buyer’s use of the Platform.
Data Privacy
Obligations of the Parties in complying with the data protection regulatory framework are set out in Freightos’s data privacy policy, which may be amended from time to time.
Carriers and Third-Parties Terms and Conditions
By clicking “Book this Shipment” in the Platform, Buyer is accepting the terms and conditions of each Carrier, IATA Rules & Regulations (for eBookings of air cargo services) and any specific conditions applicable to the services related to the eBooking, including related to any Third-Party Services. These regulations and terms and conditions may be updated from time to time at the discretion of Carriers and IATA and/or Third-Party Service providers, and the regulations and terms in effect at the time of any eBooking will govern the relevant transaction. Buyer is responsible for checking the newest version for each eBooking on Carriers’ websites.
Annex A lists the terms and conditions of certain Carriers.
Many terms related to cargo such as categories of goods and services, including temperature control, dangerous goods handling, and many others, may be vague and may vary from Carrier to Carrier. The same term such as “General Cargo” may mean different things to different Carriers. Freightos will make efforts to translate details of the requested cargo load and requested services and other data in Messages in an accurate way for each Carrier, but due to the complexity and lack of standards in the industry, Freightos cannot guarantee in any way that data translations are accurate. Buyers are required to check with a Carrier directly that any eBooking meets their needs as intended before physically handing over the cargo.
Any insurance and insurance-related services, if offered, are subject to the terms and conditions of the insurance provider and/or insurance broker. Freightos is not a licensed insurance company or insurance broker and is not responsible for any claims or coverage issues.
Disclaimer of Warranties
The Platform is provided “as is” without any accuracy or completeness warranty whatsoever.
Buyer acknowledges and accepts that the data on the Platform may contain inaccuracies and is dynamic and in a constant state of maintenance, correction and update which will result in changes during the term of Buyer’s use of the Platform. Freightos shall operate and maintain the Platform, contingent upon Freightos’s network and equipment capacity, and connection availability. Buyer acknowledges and accepts that Freightos does not operate or control the internet or the world wide web. Buyer further acknowledges and accepts that from time to time the Freightos websites and the Platform may not be accessible due to maintenance.
Buyer acknowledges and accepts that from time to time the API of any Carrier may not be accessible due to maintenance of the Carrier.
Limitation of Liability
To the fullest extent permissible by applicable law, in no event shall Freightos and/or any affiliate, member, official, employee, representative or agent of Freightos, or their respective successors, heirs, and assigns (collectively, “Freightos Parties”), whether individually or personally or otherwise, be liable to Buyer for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct or indirect, special, incidental, consequential, exemplary or punitive damages based on any causes of action arising out of use of the Platform or the software solutions or any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of data, the Platform or Freightos websites, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or posting of any record, content, or technology, pertaining to or on the Platform. Buyer agrees that this limitation of liability applies whether such allegations are for breach of contract, tortious behavior, negligence, or fall under any other cause of action, regardless of the basis upon which liability is claimed and even if Freightos Parties have been advised of the possibility of such loss or damage. Without limiting the generality of the foregoing, Buyer also specifically acknowledges that the Freightos Parties are not liable for any actual or alleged defamatory, offensive, or illegal conduct of other Users of the Platform or any other third parties.
Buyer expressly agrees that any liability of Freightos Parties, to Buyer, any Authorized User or any other person or entity affiliated with Buyer, or their respective successors, heirs or assigns, for any loss or claim, including but not limited to any of the damages described above, resulting from Buyer’s or any Authorized User’s use of or inability to access or use the Platform, the data or any component thereof or any inaccuracy of the data, shall be limited in aggregate to the greater of any fees paid to Freightos in the twelve (12) months prior to the claim and US$10,000.00.
Buyer understands that the eBookings are between the Carrier and Buyer and Freightos has no liability in respect to any eBookings. All terms and conditions governing the shipment of freight and all liability is exclusively between the Carrier and Buyer and subject to those specific conditions of each carrier and the IATA rules and regulations for air cargo services.
Indemnification
Buyer agrees to indemnify and hold the Freightos Parties harmless from any and all claims, suits, losses, liabilities, costs and expenses, including attorneys’ fees, arising directly or indirectly out of or in connection with any violation of the provisions of these Terms of Service. This indemnification obligation won’t apply in case of intentional behavior of Freightos provided such intentional behavior of Freightos is not caused by any violation by Buyer of these Terms of Service. Buyer agrees to indemnify and hold the Freightos Parties harmless from any claims, suits, losses, liabilities, costs and expenses arising, directly or indirectly, out of your use of Third-Party Services.
Freightos warrants and represents that Freightos has all necessary permits, licenses, rights and authorizations to enter into and perform in full its obligations under these Terms of Service, including ownership or valid licenses of all intellectual property rights (including but not limited to patents, if any, trademarks, database rights, copyrights, author rights, and design rights) that are necessary for the performance of any of its obligations under these Terms of Service. Freightos will defend, indemnify and hold Buyer harmless from any and all claims, suits, losses, liabilities, costs and expenses, including attorneys’ fees, related to patent, copyright or similar infringement (an “IP Claim”) provided you notify Freightos in writing immediately upon becoming aware of an IP Claim and cooperate fully in the defense of such IP Claim. Freightos shall have full and exclusive control of any defense and settlement of any such IP Claim.
Competent Jurisdiction and Applicable Law
In the eventuality of any dispute relating to the provision of the services or these Terms of Service, Freightos and Buyer will attempt to resolve the dispute between themselves. If an amicable resolution can not be found, then the laws of England & Wales shall apply and the parties submit to the courts of England and Wales.
Miscellaneous
- These Terms of Service and any operating rules for the Platform established by Freightos constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Service are for the benefit of the Freightos Parties and each shall have the right to assert and enforce such provisions directly or on its own behalf. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
- The section headings are for convenience purposes only, and shall not affect in any way the meaning or interpretation of these Terms of Service. References to singular include the plural and to plural include the singular. References to a person shall include a corporate or government body. Words such as “including” and similar expressions shall not be read as words of limitation.
- Neither Freightos nor Buyer shall be liable or deemed in default for any delays or failure in performance resulting directly or indirectly from any cause or circumstances beyond its reasonable control, including acts of God, war, embargoes, fire, flood, accidents, pandemics, strikes, shortages of transportation facilities, telecommunications facilities or software programs.
- If a court or administrative body finds any term or condition to be invalid or unenforceable hereof, the remaining terms and conditions hereof shall remain in full force to the maximum extent of the law.
- Freightos may list Buyer’s name and its standard logo in its public customer lists, press releases and the like. Buyer may list Freightos’ name and its standard logo in its public supplier/technology lists. Other publicity requires the consent of the other Party.
These Terms of Service may be modified from time to time. The newest version available at the time of any eBooking will govern the commercial relationship between the Parties for that eBooking.
Annex A – Terms and Conditions of Carriers
It is Buyer’s responsibility to review the terms and conditions of each Carrier providing services under any eBooking. Below are links to the terms and conditions of some of the Carriers currently offering services on the Platform for your convenience. You should confirm with the Carrier what terms will apply to your eBooking.
IATA Rules & Regulations: Buyers of airfreight services agree to be bound by the IATA rules and regulations and by the terms and conditions appearing on the back of the airway bill.
Annex B – Declaration for Delegate
I hereby acknowledge that I am a Delegate of a Buyer under the Freightos eBooking Terms of Service (https://www.webcargo.co/ebooking-terms-of-service/) and I am fully authorized to submit requests and initiate the Buyer placing an eBooking with the Carrier. I understand that I am about to initiate a request for a binding cargo eBooking by the Buyer with the Carrier that was selected by me. I certify that the Buyer has fully authorized me to initiate this request on its behalf and that, if the eBooking is confirmed, the Buyer has agreed to be commercially responsible for the eBooking with the selected Carrier under that Carrier’s terms of service. I understand and agree that any commercial arrangements will be negotiated between me and the Buyer and understand that Freightos’s role is limited to providing a platform for communicating messages, and Freightos is in no way party to the eBooking, related cargo services or to my relationship with the Buyer. I understand that if I am not authorized by the Buyer to initiate this eBooking that I will be liable for the eBooking and any related costs resulting from this eBooking.