TERMS AND CONDITIONS FOR
ACCESS TO AND USE OF THE iKargo PLATFORM
PLEASE READ AND UNDERSTAND THE FOLLOWING TERMS AND CONDITIONS WHICH GOVERN YOUR ACCESS TO AND USE OF OUR WEBSITE [PLEASE INSERT WEBSITE ADDRESS] (‘THIS WEBSITE') AND THE PRODUCTS AND SERVICES PROVIDED BY OR THROUGH THE WEBSITE ('SERVICES').
BY ACCESSING THIS WEBSITE AND/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF AT ANY TIME YOU DO NOT ACCEPT ANY OR ALL OF THESE TERMS & CONDITIONS, YOU MUST IMMEDIATELY DISCONTINUE ALL ACCESS TO OR USE OF THIS WEBSITE AND/OR USE OF THE SERVICES.
An agreement is now deemed to be entered into by and between You and iKargo SDN. BHD. (Company No. 1039440-P) , a private company with its liability limited by shares incorporated in Malaysia under the Companies Act 1965, with its registered office at Suite 2-2, Level 2, Tower 9 Avenue 5, The Horizon, Bangsar South, 59200 Kuala Lumpur (“this Agreement”).
All references to “we", "us" or "our", as the case may be, refers to iKargoiKargo SDN. BHD.
This Agreement governs your access to and use of our iKargo Platform ("Program") and is subject to these Terms and Conditions ("Terms and Conditions"). A description of the Program, as generally offered by us, is available at iKargo [Please Insert Website] or such other URL as we may provide periodically. "You" or "Publisher" means any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by this Agreement.
CLAUSE 1. THIS WEBSITE
1.1. This Website and the Services are owned, operated, administered, maintained and developed by us and/or our third party vendors or service providers. Your access to and use of this Website and the Services are governed by this Agreement including any amendments made to this Agreement and any other additional operating policies which we may impose from time to time.
1.2 We reserve the right to make any amendments to this Agreement from time to time. We shall inform you of such amendments by a notice displayed on this Website at least 7 days before such amendments come into effect and after which, your continued access to or use of this Website and/or the Services shall constitute your agreement to and binding acceptance of those amendments.
1.3 You agree and acknowledge that although this Agreement regulates your access to and use of this Website and the Services, the Services shall also be subject to the applicable terms and conditions of any agreement(s) which may govern the subscription and use of the same. As such, this Agreement shall be read in conjunction with the terms and conditions of those other agreements, as and where applicable. Should there be any conflict between this Agreement, and the terms and conditions of those other applicable agreements, the latter shall prevail.
CLAUSE 2. GRANT OF LICENSE
You are granted a limited, non-exclusive, revocable, non-transferable license to make personal non-commercial use of the Website, Services and Program.
CLAUSE 3. INTELLECTUAL PROPERTY RIGHTS
3.1. We respect intellectual property and proprietary rights, and expect you to do the same.
3.2 Please note therefore that the Program is our property and protected by intellectual property rights (including but not limited to trade mark and copyright) and that you do not have a right to use the Program (including but not limited to its content) in any manner not covered by this Agreement. Furthermore, you must not infringe any third party’s intellectual property or proprietary rights.
3.3 You agree that all of our trademarks, trade names, service marks and other logos and brand features, and product and service names are trademarks and the property of iKargo SDN. BHD. ("iKargo Marks"). Without our prior permission, you agree not to display or use in any manner any of the iKargo Marks.
3.4 You must not tamper with, remove, deface or alter any copyright, trademark or other intellectual property, privacy, confidentiality or proprietary notices contained on or provided through the Website or Program.
CLAUSE 3. FEES
3.1. While your access to this Website is currently provided free of any fee, you agree and acknowledge that we reserve the sole right and discretion to impose a fee for access to and/or use of this Website or the Services at any time, subject always to our giving you prior notice of such fee.
3.2 You agree and acknowledge that there may be certain Services provided by us, whether existing at present or made available in the future, which require you registering with us in order to access and use those Services. In such instances, you agree and acknowledge that we reserve the sole right and discretion to impose a fee for your registration and/or access to and use of the Services. You shall be duly notified of the relevant fee, if any. Your completion of the registration process, access to or use of the Services shall constitute your agreement and binding acceptance of the same.
CLAUSE 4. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION IN THE PROGRAM
4.1. We do not claim ownership of any materials, data, communication and/or information (“the Content”) you submit or make available for inclusion in the Program. However, with respect to Content you submit or make available for inclusion in publicly accessible areas of the Program, you grant us the following worldwide, royalty-free, non-transferable and non-exclusive license(s), as applicable:
4.1.1 With respect to Content you submit or make available for inclusion in publicly accessible areas, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Program solely for the purposes of providing and promoting Program to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Program and will terminate at the time you remove or we remove such Content from the Program.
4.1.2 With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Program, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Program solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Program and will terminate at the time you remove or we remove such Content from the Program.
4.1.3 With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Program, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Program are those areas of the Website that are intended by us to be available to the general public.
CLAUSE 5. CONFIDENTIAL INFORMATION
5.1. It is our policy to respect the privacy of any information disclosed by you pursuant to your access of this web site and use of the services herein ("Confidential Information"). Accordingly, we will neither edit nor disclose your Confidential Information unless we are required to do so in accordance with any legislation, laws or regulations, to protect our rights and property, enforce any provision in this Agreement, to provide you with the Services, respond to any claim that the Content violates the rights of another person or as otherwise provided in this Agreement.
5.2 We may from time to time disclose your Confidential Information (only in aggregate or demographic form) to our third party vendors, advertisers, affiliates or other relevant parties for their records.
CLAUSE 6. RESTRICTION OF USE
6.1 For the avoidance of doubt, you agree that you shall and will not (without limitation):
6.1.1 copy, reproduce, rip, record, make available or otherwise use any part of the Program in a manner not expressly permitted under this Agreement;
- reverse-engineer, decompile, disassemble, modify or create derivative works based on the Program or any part of the Program;
- circumvent any technology which is used by us, by our licensors or by any third party to protect Content accessible through the Program;
- rent, license or lease any part of the Program to any person;
- use the Program in a way that violates the terms of this Agreement; orin access and/or using this Website, the Program and/or the Services, engage in conduct which is prohibited or which constitutes an offence under the laws of the country from which you access this Website.
6.2 You agree to take all reasonable care to prevent unauthorized use of the Program. You acknowledge and agree that we may remove or reclaim your username at any time if we consider such action appropriate.
CLAUSE 7. CONDUCT
7.1 You agree that your access of this Website and use of the Services shall at all times be in accordance with all legislation, laws and regulations governing the same and you shall not, at any time whatsoever, attempt or assist any other person to transmit the Content, through this Website or Services, which is abusive, defamatory, infringes another person's rights, constitutes a criminal offence or gives rise to civil liability, encourages racism, promotes hatred, contains pornography or pedophilia, contains any viruses, malicious code or program or deleterious files and/or is otherwise objectionable to public morals and decency.
7.2 You also agree not to hack or attempt to gain unauthorised access into this Web site and the Services, to disrupt the security of its resources, to provide information which is inaccurate or false and/or to otherwise abuse and misuse this Website and the Services. If at any time you discover or suspect the occurrence of any of these activities, you are required to notify us immediately and in failing or delaying to do so, you may also be held liable for the same.
7.3 We are not obliged to monitor or review your access to or use of this Website or the Services. But we may do so from time to time for our own purposes or where we are compelled to do so under this Agreement. In doing so, we reserve the right to edit or delete any Content which violates any of the provisions set out in this Agreement, without notice to you and without any liability to you for doing so.
CLAUSE 8. SUPPORT
8.1 Platform support. We will provide adequate second line support for the Program including answering technical questions directed to e-mail [Please Insert Email Address].
8.2 Platform upgrades. We may release new versions and variations of the Program as new features and improvements are being developed and specific requirements incorporated. We will announce from time to time such upgrades to the Program and support areas through our dedicated website [Please Insert Website].
8.3 New and discontinued Program. We have the right to discontinue the Program and add new versions of the Program.
CLAUSE 9. TERMINATION
9.1 You may terminate your account, any associated e-mail address and access to the Program by submitting such termination request to us.
9.2 You agree that we may, without prior notice, immediately terminate, limit your access to or suspend your account, any associated e-mail address, and access to the Program. Cause for such termination, limitation of access or suspension shall include, but not be limited to:
9.2.1 any breach or violation of this Agreement or other incorporated agreements or guidelines;
9.2.2 any request we receive from a law enforcement or other government, regulatory, statutory or supervisory body or agency;
9.2.3 discontinuance or material modification to the Program (or any part thereof);
9.2.4 unexpected technical or security issues or problems;
9.2.5 extended periods of inactivity;
9.2.6 engagement by you in fraudulent or illegal activities; and/or
9.2.7 non-payment of any fees owed by you in connection with the Program (if
9.3 You agree that all termination, limitation of access and suspension shall be made at our sole discretion and that we shall not be liable to you or any third party for any termination of your account, any associated e-mail address or access to the Program.
9.4 Termination of your account includes any or all of the following:
9.4.1 removal of access to all or part of the offerings within the Program;
9.4.2 deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and
9.4.3 barring further use of all or part of the Program.
CLAUSE 10. INDEMNITY
You hereby agree to fully indemnify, defend and hold us, our officers, directors, employees, agents and servants harmless against all damages, losses, expenses and costs (including legal costs and disbursements) which we may have suffered or incurred, whether directly or indirectly, in connection with or as a result of your breach of any of the provisions under this Agreement.
CLAUSE 11. LIMITATION OF LIABILITY AND WARRANTY
11.1 We shall not be liable to you for any direct, indirect, incidental, or consequential damages arising out of or in connection with the use, inability to use, or the services, including, but not limited to, lost revenue, lost profits, replacement goods or services, cost of replacement goods or services, loss of technology, data, customer information, rights or services, or interruption or loss of use of service, loss of business hours, information or equipment, even if advised of the possibility of such damages, whether such liability arises from any claim based upon contract, warranty, tort or otherwise.
11.2 The Program may contain or provide access to software and data licensed to us by third party vendors (collectively, “Third Party Products”) and provide access to services and data of third parties (“Third Party Services”). Third Party Products, Third Party Services and access thereto are provided to the reseller “AS IS” without any warranties, express, statutory or implied, including, but not limited to the warranties of merchantability or quality, fitness for a particular purpose, or non-infringement, or arising as a result of custom or usage in the trade or by course of dealing. We disclaim any and all liability in connection with your use of the Third Party Products and Third Party Services.
11.3 We expressly disclaim all other warranties, express, statutory or implied, including, but not limited to, the warranties of merchantability or quality, fitness for a particular purpose, or non-infringement, or arising as a result of custom or usage in the trade or by course of dealing, to the greatest extent permitted by law.
11.4 We hereby disclaim, to the greatest extent permitted by law, all warranties by its suppliers and all liability by suppliers for any damages, whether direct, indirect, or consequential, arising from, connected with, or related to the use of the services, system content or the software.
CLAUSE 12. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTION 11 MAY NOT APPLY TO YOU.
CLAUSE 13. OUR PROPRIETARY INFORMATION
13.1 You acknowledge and agree that the Program and any necessary software used in connection with the Program ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Program or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by us or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Program, in whole or in part.
13.2 You shall and must not copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any object or source code or sell, assign, sub-license, grant a security interest in or otherwise transfer any right in this Website, the Program, the Services or any part of it.
13.3 You must not modify this Website or the Program in any manner or form including (without limitation) for the purpose of obtaining unauthorized access to the Program. You agree not to access the Program by any means other than through the interface that is provided by us for use in accessing the Program.
CLAUSE 14. COPYRIGHT INFRINGEMENT AND TAKE DOWN
14.1 If you are a copyright holder who believes that any of the products, services or content which are directly available via the Program are infringing copies of your work, please let us know. A notice of alleged copyright infringement should be sent to our designated copyright agent at the following address:
iKargo SDN. BHD.
Attn: Mr. Richard Kok, Chief Executive Officer
Suite 2-2, Level 2
Tower 9 Avenue 5
The Horizon, Bangsar South
59200 Kuala Lumpur
14.2 A notification of claimed copyright infringement must be addressed to our copyright agent listed above and include the following:
- a physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
- specific identification of each copyrighted work claimed to have been infringed;
- a description of where the material believed to be infringed is located on Program (please be as detailed as possible and provide a URL to help us locate the material you are reporting);
- contact information for the complaining party, such as a complete name, address, telephone number, and email address;
- a statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly.
CLAUSE 15.TECHNOLOGY LIMITATIONS AND MODIFICATIONS
We will make reasonable efforts to keep the Program operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Program with or without notice.
CLAUSE 16. NOTICE
We may provide you with notices, including those regarding changes to this Agreement, including by but not limited to e-ail, regular mail, SMS, MMS, text message, postings on the Program, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this Agreement by accessing the Program in an unauthorized manner. Your agreement to this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Program in an authorized manner.
CLAUSE 17. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed and construed in accordance with the laws of Malaysia. Any dispute, controversy or claim arising out of or in connection with this Agreement will be subject to the jurisdiction of the court or other tribunal in Malaysia with the appropriate knowledge and expertise to deal with such dispute, controversy, or claim.
CLAUSE 18. PERSONAL INFORMATION
18.1 Access Limitations. We will implement such physical, technical and administrative measures as may be required to limit our access to your personal data of you that we reasonably require to perform our obligations under this Agreement.
18.2 Access and Confidentiality. We will not access or use your personal data beyond the scope authorised by you. We will process and use your personal data only to perform our obligations under this Agreement or Malaysian law, and will disclose such personal data only to people who have a need to know and are bound by confidentiality obligations not less restrictive than those contained in this Agreement.
18.3 Protection. In relation to any personal data to which we are given access by you, we will:
22.3.1 comply with applicable laws of Malaysia governing the protection of personal data; and
22.3.2 use the personal data solely for the performance of our obligations under this Agreement.
CLAUSE 19. ASSIGNMENT
We may assign this Agreement at any time without prior written notice to you. Subject to the foregoing, this Agreement shall be binding upon and subsist to the benefit of the parties and their successors and assigns.
CLAUSE 20. INVALIDITY
Should any portion of this Agreement be held to be invalid, unenforceable or void, such holding shall not have the effect of invalidating or voiding the remainder of this Agreement and the parties agree that the portion held invalid, unenforceable or void, shall, if possible, be deemed amended or reduced in scope, or otherwise be stricken from this Agreement, to the extent required for the purpose of the validity and enforcement.
CLAUSE 21. WAIVER
No waiver of any term, covenant, condition or obligation of this Agreement or any breach, shall be effective unless granted in writing. The waiver by any of the parties of any term, covenant, condition or obligation of this Agreement or of any breach of this Agreement shall not be deemed to be a waiver of any other term, covenant condition or obligation of this Agreement or any prior, concurrent or subsequent right.
CLAUSE 22. CAPTIONS
The captions in this Agreement are for convenience only and shall not be considered a part of this Agreement or affect the interpretation of any provision.
CLAUSE 23. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the parties and supersedes all prior agreements, understandings and contracts between the parties with respect to its subject matter.
CLAUSE 24. ENGLISH VERSION PREVAILS
In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.
(Relevant only to Members)
Please note that these terms and conditions are supplemental to the General Conditions. The Conditions (Parts A and B) form the basis of the agreement that you enter into with us in order to Register and become a Member (the "Agreement") and will govern your conduct as a Member.
1.1 Only those in a position to form legally binding contracts under Malaysian law may Register. Registration is not open to persons aged under 18 or to any persons whose Membership has been suspended or terminated. If you are Registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
1.2 Each Registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Furthermore, your Membership may not be transferred to a third party.
1.3 Responsibility for the security of any passwords issued rests with you and you are responsible for all actions taken with your user name and password.
2. OUR SERVICES - NEUTRAL VENUE
2.1 We are not a transportation service provider, freight forwarder, broker or intermediary of any sort. The Site acts as a neutral venue through which Transport Providers and Users can meet and enter into negotiations with a view to entering into Transactions. We are in no way involved in the actual Transaction. We have no, and assume no, control over the quality, safety, or legal aspects of the Jobs and/or Transactions that take place through the Site.
2.2 If you are a Transport Provider you hereby agree that the Site is for shipping/transportation related services only and that work that you provide will only involve services. Except with our prior written agreement, you agree that you will not use your Membership as a means to market or sell any goods products or other services unrelated to the Job.
2.3 It is the responsibility of the User to select a suitable Transport Provider for the provision of the Job and the responsibility of the User and the Transport Provider to negotiate the terms of the Transaction.
3. GENERAL DISCLAIMER
3.1 Save where expressly stated otherwise in the Conditions, and only to the extent so stated, no provision of the Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 and the Conditions do not give rise to any legal contracts, liabilities, obligations, claims or other benefits or protection between Members or in favour of third parties. Your contract in connection with a Transaction will be with the other Member and, as a result, we can give no commitments of any nature about the other Member (whether User, Transport Provider or Successful Transport Provider (as defined hereafter)) or the Job, whether as to quality, quantity, delivery or price.
3.2 We assume no responsibility for claims made by Transport Providers with respect to their licenses, insurance, registration, membership or trade association or indeed any other claim made at any point during the Transaction or quoting process. We operate purely as a neutral venue through which Transport Providers and Users may agree on a price for a Job.
4. UNLAWFUL TRANSACTIONS
4.1 Members shall not use the Site for unlawful activities. Any Job or aspect of a Transaction carried out, or sought to be carried out unlawfully, by either Transport Provider or User, is prohibited.
4.2 Certain Transactions may be governed by statutory or other regulations and cannot therefore be negotiated freely. It is for the Members to identify and adhere to such regulations.
5.1 The posting of Jobs for the transportation of certain items is prohibited or restricted. These include hazardous or dangerous goods. Additionally there are certain items that do not generally pose a danger to health, safety, or property while being transported but are regulated or banned for public policy reasons from being transported. However some hazardous goods can lawfully be transported provided they are properly packaged and labelled. Such Jobs may be listed on the Site provided that the shipment listing contains a clear notice of the hazardous nature of the material and a description of the planned method of shipping that complies with the law. If you are unsure of the legality of your shipment, we recommend you contact our customer services team via the contact details at the end of these Supplemental Conditions, prior to listing the Job. A member of our team will be able to refer you to the appropriate authority to answer your question.
5.2 Full responsibility for compliance with all laws and regulations that relate to the transportation of hazardous and restricted goods rests with the parties to the Transaction. Anyone who sends, or causes to be sent, a prohibited or restricted item or improperly packaged hazardous material may be subject to severe regulatory, or indeed criminal penalties.
5.3 In order to assist Members we provide distance calculations and driving directions (or links to 3rd party driving directions) as part of our service (the"Directions"). However the Directions should be used as a guide only and you should always drive in accordance with national rules, regulations, and highway codes. The Directions may not take into consideration issues such as road closures, direction of traffic, one-way systems, emergency access roads, height regulations, road conditions or restrictions on manoeuvrability. No representation is made or warranty given as to the content or usability of the Directions or their appropriateness for any particular journey or vehicle. We assume no responsibility for any loss, damage, or delay howsoever resulting from use of these Directions. However, if you do find an error or omission, please let us know so we can notify the relevant persons to enable them to correct the error or omission and improve the service. We recommend that you verify any pickup and delivery information that we provide with the other party to the Transaction..
6.1 iKargo is free to join either as a transport provider or user and it is free to request quotes. We charge a success fee (the "Fee") to Transport Providers who have secured a Job ("Successful Transport Providers"). A Job will be considered to be secured once the transport provider is selected and payment is made to iKargo.
6.2 The Fee is based upon a fix percentage of 13% over the Successful Transport Provider's accepted quote price.
6.3 The incurring of the Fee is independent of the actual performance of the Job. Subject to clause 7, the obligation to pay the Fee therefore still applies if a Job is placed via the Site but is not subsequently carried out and/or the Transaction is later terminated. We may waive our right to receive the Fee as a gesture of goodwill; however the grant of any such waiver is entirely within our discretion and if so granted is always without accepting any legal obligation to do so.
6.4 If you are a Transport Provider you are responsible for collecting and remitting any and all VAT associated with a Transaction. Your quote amount for the Job is inclusive of VAT in accordance with clause 12.1.2. You shall not submit a quote amount excluding VAT and then charge VAT on top of your quote price once your quote has been accepted.
6.5 We reserve the right to waive or change the basis for the calculation of the Fee at any time. We may also temporarily change or suspend the Fee for a promotional period. Any such changes will be described on the Site.
7.1 If a Job is cancelled by a Successful Transport Provider AFTER a quote was accepted but BEFORE any work on the Job commenced (a "Cancellation") the user may seek to file a "Cancellation Request" and have the following options:
- a. Payment returned to them (less 3% processing fee)
- b. Request for the job to be relisted to get another transporter.
- c. Request iKargo to replace the transporter with a fee to be agreed upon. If the new fee cannot be agreed upon, then only option (a) & (b) would apply.
7.2 Refunds of Payments will be made within 5 working days of the "Cancellation Request" being accepted. Refunds can only be sent to the same source from which the funds originated.
7.3 Users and Successful Transport Providers will negotiate directly once there has been a successful quote. Either party can make a Cancellation Request; however it should only make one once all reasonable attempts to reach an agreeable solution have been exhausted and it is clear that the Job will not be performed. You may not make a Cancellation Request until at least 7 days after the date on which the quote was originally accepted. When you make a Cancellation Request the other party to the proposed Transaction will be notified and will have 72 hours to respond by either:
7.3.1 accepting the Cancellation Request and your reason; or
7.3.2 rejecting the Cancellation Request and requesting review by our staff.
7.4 If your Cancellation Request is accepted by the other party the accepted quote can be retracted and the Job can either be relisted or deleted. If the request is rejected by the other party, then it is sent to us for review and a decision will be made on whether to approve or not to approve the Cancellation Request. Once we have given our verdict on whether to approve the Cancellation Request we will not enter into any further correspondence - our decision is final.
7.5 If the other party does not respond within the 72 hour grace period, your Cancellation Request and reason will automatically be accepted. Depending on the reasons for the Cancellation Request, any amounts associated with the Payment will be refunded to you, in line with clause 7.1.
7.6 We take abuse of the procedure for Cancellation Requests very seriously. Abuse includes submitting false or exaggerated reasons, attempting to retract accepted quotes, or colluding with other Members to abuse the procedure. If a Member is found abusing or is suspected of abusing the procedure in this clause 7 his Cancellation Request will automatically be denied and may his Membership may be revoked without further notice and/or he may also be subject to additional fees.
8.1 Whilst we are unable ourselves to conduct any due diligence on our Members, we do enable Users and Successful Transport Providers to provide feedback evaluations on each other's performance in the course of the Transaction including but not limited to the performance of the Job (or, as the case may be, their failure to enter into a Transaction and/or perform the Job). The evaluations seek to provide Members with guidance on the skills and/or reliability of other Members prior to quoting or, in the case of Users accepting a quote from a Transport Provider.
8.2 The feedback process involves leaving a rating along with a short comment about the performance of the Member. There are three feedback scores that you can give: +1 (positive,) 0 (neutral), and -1 (negative). A Member's overall feedback score is the average score of the ratings that he or she has received.
8.3 You accept that by posting a Job or by quoting on a Job it is probable that another Member will leave feedback about you and you acknowledge that your feedback consists solely of comments left by other Members and the overall feedback score calculated in accordance with clause 8.2. You agree that you will not use any feedback received on the Site on any venue or website that is not the Site. Do always use common sense and respect when leaving feedback on another Member as unwarranted, potentially libellous feedback could result in legal claims being made against you. We do not censor feedback or investigate it for accuracy, and you acknowledge that we are in no way legally responsible for any feedback that is left but we reserve the right to block new comments/feedback, if necessary.
8.4 Any use of profanity, libellous behaviour, illegal activity, or any other form of abuse of the feedback function or any other part of the Site may result in a ban from further use of the Site and, if applicable, being reported to any relevant authorities.
9. NO AGENCY
Nothing herein shall create or be deemed to create any joint venture, agency or partnership relationship between ourselves and any Members whatsoever. Members shall not hold themselves out as implying any such relationship with us.
10. ACCOUNT FLAGGING / REPORTING SYSTEM
The Site is policed by the visitors to it through a flagging system. The flagging system is used to ensure that insofar as possible the Site complies with the Conditions. Visitors are able to 'flag' aspects of the Site that do not comply with the Conditions. White flags are located in areas that can be reported. These include: messages, the quote details section, member profiles, and shipment listing information. To flag any part of the text you may click on the white flag following the text in question and the white flag will turn yellow. A yellow flag is sent to our team for review. Following the review, the team will either grant a 'green flag', meaning there was no violation, or a 'red flag', meaning there was a violation and the content has been removed. We reserve the right to suspend the Membership of any Member who has received a red flag on more than one occasion.
11. INFORMATION YOU SUPPLY
11.1 You are solely responsible for the information you provide to us and/or other Members in the Registration, shipping, or transportation process (which shall include anything posted on the Site) ("Information"). The Information must be true, legal, accurate, and non-fraudulent.
11.3 You agree to use common sense and good judgment when conducting or posting any Information. We insist that all Members abide by netiquette and communicate with each other in a respectful manner.
12.1 The Fee
12.1.1 We may suspend or terminate your Membership if it is suspected that you have engaged in fraudulent activity in connection with the Site. Members are not permitted to manipulate the quote prices for any shipment or interfere with other Members' listings or Transactions.
12.1.2 Quote prices submitted by Transport Providers must include ANY and ALL charges, including any taxes and fees. If you are a Transport Provider you may not subsequently add the Fee to the quote price.
12.1.3 You agree not to cause or instruct another person or entity to engage in any conduct, acts or behaviour intended or designed to circumvent or avoid the Fee.
12.2 Manipulation of Feedback
12.2.1 An important aspect of the Site is the ability of Members to leave feedback about each other (whether positive, neutral or negative). As described in clause 8, the feedback you receive is likely to influence the choices that other Members make as to whether to negotiate a Transaction with you. Accordingly, to preserve the integrity of the feedback system, you agree not to:
12.2.2 improperly influence in any manner, or cause another to improperly influence in any manner, the feedback of a Member; or
12.2.3 post or attempt to post, in any manner or by any means, a feedback review on your own account.
13. REJECTION OR REMOVAL OF MEMBERS
13.1 We reserve the right to reject your Registration or cancel your Membership at any time and for any reason or for no reason and without notice to you.
13.2 We reserve the right to notify other Members of any actions that we, in our sole discretion deem serious, and which have led to the cancellation of your Membership.
13.3 If you are so removed or rejected you may appeal for reinstatement. Your appeal must include a written statement as to why you should be reinstated along with your contact information. Your appeal may be reviewed at our discretion and any determination as to your reinstatement will be at our sole discretion. Your submission of an appeal does not, in any manner, guarantee that you will be reinstated or that the appeal will necessarily be reviewed. We will contact you as to our decision to reinstate you. We are not obligated to give you any reasoning as to our decision. All decisions are final.
During the course of your Membership we may disclose to you, or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business. You hereby agree that any and all of this information is confidential and shall be our sole and exclusive intellectual property. Any disclosure of our information to a third party (specifically including a direct competitor) is strictly prohibited. All obligations contained herein will survive the termination of this Agreement.
During the term of this Agreement, you shall not solicit to employ nor employ any of our employees of whom you become aware through the performance of this Agreement. Furthermore, you shall not otherwise hinder any of our other business relationships including those with our Members.
16. USE OF IKARGO
You agree that you shall not acquire the word "iKargo" or any variant that includes the word "iKargo" or may be confused with it on Google Adwords or any similar internet advertising service.
17. NO CONVICTIONS
You represent that you, and any individuals associated with you who will be involved in a Transaction have not been convicted of a crime which is related in anyway to the shipping and/or transportation or haulage business. Furthermore, you warrant and represent that there are currently no legal proceedings instituted against you that would prevent you from performing a Transaction to which you are a party or your obligations under the Conditions
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK