terms-and-conditions
Terms and Conditions2018-07-04T16:05:19+00:00

FreightAmigo
Terms and Conditions

– Last modified: June 26, 2018

Welcome to FreightAmigo!

Thanks for using our products and services (“Services”). The Services are provided by FreightAmigo Services Ltd. (“FreightAmigo”), located at Unit 1112, 11/F, Concordia Plaza, 1 Science Museum Road, Tsim Sha Tsui, Kowloon, Hong Kong.

By using our Services, you are agreeing to these terms. Please read them carefully.

Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

FreightAmigo Terms and Conditions

FreightAmigo provides the Services through the Site to enterprise Clients/Individuals who use the Site to search for freightage or other users such as Participating Providers.  Access to and use of the Site and services provided on the Website shall be subject to the terms and conditions set out below (“Terms and Conditions”) and the Privacy Policy (“Privacy Policy”). For further details about the Site’s Privacy Policy, please click on this link.

The Site is powered and provided by FreightAmigo Services Limited, a Hong Kong limited liability company (“we”, “us”, “our” or the “Company”).

If you do not accept both of the Terms and Conditions and the Privacy Policy, please do not join, access, view, download or otherwise use any services offered by FreightAmigo via the Site. By your continued use of the Site, you acknowledge that you have read and understood and are taken to have accepted the Terms and Conditions and the Privacy Policy and that you agree to be bound by all of their provisions. FreightAmigo reserves the right to amend, add, delete or revise any provisions of the Privacy Policy and the Terms and Conditions at any time without prior notice. You are advised to periodically review the Privacy Policy and the Terms and Conditions. Your access to the Site and FreightAmigo’s services will be terminated upon your notice to FreightAmigo that any change is unacceptable; otherwise your continued use shall constitute your acceptance of all changes and they shall be binding upon you. You should keep your login name and password with care and not disclose them to any other person. You are solely responsible for maintaining the confidentiality, safekeeping and security of such login name and password and shall notify FreightAmigo immediately of any unauthorized use of the same.

Definitions

In these Terms and Conditions, the following terms shall have the respective meanings specified below unless the context otherwise requires:

“Participating Providers”
means users who place an advertisement or promote any freight related activities via the Site.

“FreightAmigo” or “Company”
means FreightAmigo Services Limited, a company incorporated in Hong Kong with limited liability.

“Client (s)”
means users seeking freight service.

“Site”
means any website, or mobile application owned and operated by FreightAmigo or any its affiliates/subsidiaries or its service providers.

The terms “you”, “user” and “users” herein refer to all individuals and/or entities accessing and/or using the Site at any time for any reason or purpose.

Users and Responsibilities

FreightAmigo’s Website and Services provide an Internet-based freight marketplace and freight management platform including FreightAmigo official website (https://www.freightamigo.com and its’ subdomains, the “Website”) and mobile application (“Services”), (both collectively or separately referred to as “Platform”), that allow Clients and Participating Providers to streamline the international freight management process within the Platform.  Through the platform, users are able to post, receive and reply to freight service request and provide freight service, including the data exchange, document retrieval to establish and conduct freight related service as described below to or from other users.

To become a user, you must register via our website and accept the terms and conditions contained herein. FreightAmigo and any users may also enter into a separate written agreement regarding these terms and conditions and/or other professional services provided by FreightAmigo that may overrule these terms. These terms include and hereby incorporate by reference the terms and conditions herein or linked from https://www.freightamigo.com/terms-and-conditions. If you agree these terms on behalf of or for the benefits of any third parties you hereby agree and represent that you have the authority to legal bind such entity to these terms. Additionally, those users who are companies that seek to be listed on the Website and be available for review and discovery by other users may be required to verify their registration details by answering a telephone call to their submitted details or activate the email link provided by FreightAmigo. It is a condition of your use of the Website and the Services that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website such as the Services, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You acknowledge and agree that FreightAmigo, including its employee, agents, subsidiaries and affiliates, is solely providing the Website and performing the Services as a facilitator to your transactions, and it is not and will not at any time perform or offer to perform any duties as enterprise Clients/Individuals or any transportation services including those typically provided by Participating Providers, freight forwarders, shipping lines, airlines, rail freight operators, brokers, sea freight intermediaries, air freight intermediaries, rail freight intermediaries, indirect air carriers, couriers, customs brokers, export agents, import agents, warehouse operators, or any other transportation servicing entities.  FreightAmigo is an independent contractor of both Clients and Participating Providers to each transaction and is in no event an agent or employee of, or sponsored or endorsed by, either party.  FreightAmigo does not screen Clients or Participating Providers, or verify the accuracy of any information submitted by either, and bears no responsibility or liability to Clients or Participating Providers arising out of or related to their engagement of one another.

Clients who use the Website and Services present freight and specific freight related needs in order to obtain quotes from Participating Providers who arrange for those transportation services.  If you are a Client, you represent and warrant that you have: (1) submitted true, accurate, and correct information regarding yourself, your freight, and the circumstances of your shipment, (2) sufficient right, title, and interest in and to the freight allowing you to tender it for transportation, and (3) not violated and will not violate any applicable laws, rules or regulations of any governmental authority with jurisdiction over you, your freight, or the transportation services you are requesting.  You acknowledge and agree that your selection of Participating Providers or transportation service is based upon your independent judgment and determination, and that you solely bear the risk of your choice. By using the Platform and appointing the Participating Providers for any freight related service, you are entering into a DIRECT (LEGALLY BINDING) CONTRACTUAL RELATIONSHIP with the Participating Providers on such Participating Providers’ trading terms and conditions. You read through the Participating Providers’ trading terms and conditions before you procure any service from any participating providers at the Site.

Individual account – if you are an individual, you may request for an individual account via our Platform and/or Website.

Enterprise business account – If you are an enterprise client, you may request for a group accounts for your company users (typically all having the same @companydomain.com email address). Each employee must have his/her own account and you can designate particular employees as administrators of such enterprise account. Enterprise account administrators can allow employees who hold accounts to be part of the enterprise account, and each employee who is accepted as an “authorized user”.

Clients must not

  1. (i) license, sublicense, sell, resell, transfer, distribute or otherwise commercially exploit or make available to any third party the Services or the FreightAmigo’s web application in any way;
  2. (ii) modify or make derivative works based upon the Services or Site;
  3. (iii) create Internet “links” to the Services or “frame” or “mirror” any FreightAmigo’s web application on any other server or wireless or Internet-based device;
  4. (iv) reverse engineer or access the Site in order to;
    1. (1) design or build a competitive product or service;
    2. (2) design or build a product using similar ideas, features, functions or graphics of the Services or Site; or
    3. (3) copy any ideas, features, functions or graphics of the Services or Site; or
  5. (v) launch an automated program or script, including but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or Site.

Participating Providers who use the Website and Services present Clients with quotes to meet their specific transportation needs for the freight presented.  If you are a Participating Provider, you represent and warrant that you: (1) have submitted a reasonable quote inclusive of all rates, charges, and fees required to complete the requested transportation services, (2) have submitted true, accurate, and correct information regarding yourself, your business, and your underlying carriers, (3) have obtained all required licenses, permits, authorities, insurance, and bonds, necessary to provide your services and you maintain each at all times during the performance of your services, (4) have verified that your underlying carriers or other transportation service providers have obtained all required licenses, permits, authorities, insurance, and bonds, necessary to provide their services and will ensure that they maintain each at all times during performance of their services, (5) not arranged and will not arrange any cold call activities to any clients contacts you get from FreightAmigo Website, Services and Platform, (6) will only contact Clients for your awarded shipment via FreightAmigo, (7) have not disturbed and will not disturb any Clients without FreightAmigo’s prior written consent, and (8) have not violated and will not violate any applicable laws, rules or regulation of any governmental authority with jurisdiction over you, your company, or the transportation services you are providing.  You acknowledge and agree that your offer to service the Clients is based upon your independent judgment and determination, and that you solely bear the risk of your choice.

Service Fee

If you are a Client, FreightAmigo does not charge you any service fee on your enquiries at the Website and Service. However, we reserve the right to modify any service fees or services at any time upon advance notice.

If you are Participating Provider, FreightAmigo charges you a service fee for allowing you to post your rates on the Platform and advertise your quotes online in an agreed timeframe (either publicly, or privately to specific categories of service providers you chose). FreightAmigo also charges handling fee per shipment (which state and agree in our advertisement contract accordingly to the rates agreed between you and FreightAmigo, which are subject to change by FreightAmigo upon advance notice. You acknowledge and agree that your continued uses of the Website and Services following notice of any rate change constitutes your acceptance of and obligation to pay those charges. You must be subscripted our advertisement plan and act as Participating Providers to use above services. With all subscription process including all due payment and deposit settled, we could let you store your freightage options, automate your quotes to all inquiries, coordinate your freight business through alerts, notification as well as reports we offer in agreed timeframe.

FreightAmigo reserves the right to change the above service fee or institute any new charges or fees to all users, from time to time, as it deems appropriate. In the event that any users fail to pay the service fee or any other fees or charges due to FreightAmigo, FreightAmigo reserves the right to suspend or terminate such users’ access to the Websites or any Services, without prejudice to all other rights and remedies available to FreightAmigo.

Promotion

We may from time to time offer promotions on the Platform. FreightAmigo and any Participating Providers reserve the right to amend, suspend, withdraw or terminate, whether in whole or part, any and all such promotions without prior notice and at our sole and absolute discretion.

Account Access and Security

FreightAmigo reserves the right to amend and terminate any service or information we provide on the Website at FreightAmigo’s sole and absolute discretion without notice. We have no obligation to give any reasons at all at any time or for any period. Moreover, we reserve our right to restrict or terminate any users’ access to any parts or entire of the website and/or the services to users for any or no reasons, in our opinions, users violated any provision of these Terms of Service, including any registered users.

Content

Users are able to submit text, images, photos, and other forms of data or communications, including but not limited to ratings, reviews, comments, messages, profiles about their business, and other information, in connection with their use of the Services (“User Content”). All other content provided on the Website and through the Services that is not User Content is considered “FreightAmigo Content”. Users are solely responsible for their User Content and acknowledge that once User Content is submitted to the Website via the Services, FreightAmigo will not be required to delete such User Content. You agree that you are solely responsible for your User Content, including but not limited to any damage, loss, or other liability created by such User Content, and agree and warrant that you have all necessary authorizations, permissions, and ability to use and submit your User Content as described herein. FreightAmigo disclaims any responsibility for any and all User Content submitted to made available on the Website via the Services.

You hereby grant FreightAmigo a worldwide, perpetual, non-exclusive, royalty-free, assignable, sublicensable and transferable right to use your User Content (which identify you as “Anonymous Data”) in any manner that we determine, including but not limited to publication, alteration, creation of derivative works from, distribution, promotion, translation, commercialization, and any other potential use that we may pursue or that is hereinafter discovered. You further grant all other Users of the Website and the Services the right to access and view your User Content on the Platform in connection with their use of the Services.

In order to improve the Services for you and others, FreightAmigo may make use of reference data, which are by nature not confidential or proprietary, for our service improvement continually.

In return, we grant you a non-exclusive, non-transferable, non-assignable, royalty-free, worldwide license, without the right to grant sublicenses, to use the “FreightAmigo” name and logo in your service provider list in a bone fide manner. By the same token, you grant us a non-exclusive, non-transferable, non-assignable, royalty-free, worldwide license to list your name and logo on FreightAmigo’s list of customers (whether in a general or specific service list).

All User Content must comply with the Content Standards (as defined below) set out in these Terms & Conditions.

Ownership of User Content and FreightAmigo Content

You hereby acknowledge and warrant that you own your User Content, and grant to FreightAmigo the right use your User Content as described above. FreightAmigo owns all right and title to and in the FreightAmigo Content. FreightAmigo also owns all intellectual property rights, including but not limited to copyrights, trademarks, services marks, trade names, and other intellectual and proprietary rights and properties (whether resistible or not) throughout the world associated, with the FreightAmigo Content. You are hereby prohibited from copying, modifying, reproducing, distributing, transmitting, creating derivative works of, displaying, or otherwise using the FreightAmigo Content or any extract thereof in any way except as expressly permitted under these Terms and Conditions.

User Content and FreightAmigo’s Opinions

You hereby acknowledge and agree that User Content does not necessarily reflect the opinions of FreightAmigo, its employees, agents, affiliates or subsidiaries. While FreightAmigo may delete, edit, flag, or otherwise control the User Content displayed on the Platform in connection with the Services, FreightAmigo does not represent, warrant or guarantee that such User Content is accurate, reliable, authorized, or otherwise represents the opinions of FreightAmigo, its employees, agents, affiliates or subsidiaries.

Prohibited Uses

You may use the Platform, Website and the Services only for lawful and proper purposes and in accordance with these Terms and Conditions. You agree and undertake not to use the Website and Services, as well as allow, assist, encourage, or enable others to use the Website and the Services:

  • In any way that violates any applicable laws, rules or regulations (including, without limitation, any laws regarding the export of data or software to and from Hong Kong or other countries);
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • To write fake or defamatory reviews, trade reviews with other businesses, compensate someone or receive compensation from someone to write or remove a review, or otherwise act in a manner that, in our sole and absolute opinion, degrades the value of the Website and/or the Services to our Users and our visitors;
  • To transmit, circulate or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • To violate any third party’s rights, including but not limited to intellectual and other proprietary rights;
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or user names associated with any of the foregoing); or
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, Website and the Services, or which, as determined by us, may harm the Company, or Users of the Website and the Services, or expose them to liability.

Additionally, you agree and undertake not to:

  • Violate these Terms and Conditions;
  • Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Website, the Services, or the FreightAmigo Content (excluding your User Content);
  • Use the Website or the Services in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Platform, Website or the Services, including their ability to engage in real time activities through the Website and the Services;
  • Use any robot, spider or other automatic device, process or means to access the Platform, Website for any purpose, including monitoring or copying any of the material on the Website;
  • Use any manual process to monitor or copy any of the material on the Platform, Website or for any other unauthorized purpose without our prior written consent;
  • Attempt to collect or harvest any personally identifiable information, including account names, from the Platform, Website and the Services;
  • Use any device, software or routine that interferes with the proper working of the Platform, Website and the Services;
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful to the Website, our Services, or our Users and visitors;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, Website or the Services, the server on which the Platform is stored, or any server, computer or database connected to the Website;
  • Attack the Platform and/or Website via a denial-of-service attack or a distributed denial-of-service attack;
  • Otherwise attempt to interfere with the proper working of the Platform, Website and the Services; and

Remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Platform, Website and the Services, features that prevent or restrict the use or copying of FreightAmigo Content, or features that enforce limitations on the use of the Website and the Services.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Content for any or no reason in our sole and absolute discretion;
  • Take any action with respect to any User Content that we deem necessary or appropriate in our sole and absolute discretion, including if we believe that such User Content violates the Terms and Conditions, including the Content Standards set out below, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users and visitors of the Platform, Website and the Services or the public or could create liability for the Company;
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform, Website and the Services; and
  • Terminate or suspend your access to all or part of the Platform, Website or the Services for any or no reason, including without limitation, any violation of these Terms of Service or the Content Standards.

Without limiting the foregoing, we have the right and maybe required to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS, AS APPLICABLE, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review or verify the accuracy of any or all material, including User Content, before it is posted on the Platform, Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These “Content Standards” apply to any and all User Content and use of the Services. User Content must in their entirety comply with all applicable federal, state, local and international laws, rules and regulations. Without limiting the foregoing, User Content must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy;
  • Be likely to deceive any person;
  • Promote any illegal activity, or advocate, promote or assist any unlawful act;
  • Cause annoyance, inconvenience, nuisance or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; and
  • Give the impression that the materials are emanated from or are endorsed by us or any other person or entity, if this is not the case.

Booking Submission and Acceptance

Clients agrees that they are legally bound to FREIGHTAMIGO and all Participating Providers upon their booking submission via the Platform.  Whereas all Participating Providers also agree to accept the electronics booking without requiring Client to fill in any additional electronics and/or paper-based booking form for all freight related services which are booked through FREIGHTAMIGO

Shipment as Dangerous Goods and/or with Batteries Arrangement

The transportation of (i) dangerous goods, commodities or hazardous materials or (ii) goods, commodities or materials with batteries that may become dangerous or hazardous (hereinafter collectively “Dangerous Goods”) is subject to special safety considerations and legal requirements. The proper communication and evaluation of information relevant to the safe transportation of Dangerous Goods are user’s sole responsibility. FreightAmigo does not warrant, verify or monitor the appropriateness, accuracy or completeness of the information relevant for transportation safety of Dangerous Goods, or the aircraft, vehicle or vessel carrying them. Participating Providers agree to exercise special care when arranging for the transportation of Dangerous Goods. Participating Providers also warrant (a) that their personnel are trained properly pursuant to applicable laws, rules, regulations and standards of care with respect to Dangerous Goods, (b) that Dangerous Goods are accurately identified, (c) that the risks and hazards associated with the transportation of Dangerous Goods are properly communicated to relevant parties, and (d) that Dangerous Goods are transported consistent with the risks and hazards.

Shipment Cancellation and Dispute

Clients can cancel a booked shipment at zero cost if the shipment is not effected at any pickup point or without any warehouse activities being arranged. However, if the shipment is effected, Clients may have to bear incurred cost which Participating Providers may or may not charge as per outlay.

If you are not able to resolve your concerns with the Participating Providers, you can make a feedback to FreightAmigo and we will use our reasonable endeavour to address such feedback as we consider appropriate under the circumstances. By using the Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Participating Providers or other third parties will be limited to a claim against the Participating Providers or other third parties who caused you harm, and you agree not to claim against us, impose liability on us, or seek any legal remedy from FreightAmigo with respect to such actions or omissions.

Policy Enforcement

FreightAmigo acts as the facilitator by providing a venue for users to connect and sell or purchase all Freight related services. While users enter into a legally binding contract for the provision of all freight related services as described above, FreightAmigo reserves the right to take a more or less lenient approach in ensuring all such agreements entered into between Clients and all Participating Providers are in accordance with the Platform policies.

Shipment Cancellation and Dispute

Clients can cancel a booked shipment at zero cost if the shipment is not effected at any pickup point or without any warehouse activities being arranged. However, if the shipment is effected, Clients may have to bear incurred cost which Participating Providers may or may not charge as per outlay.

If you are not able to resolve your concerns with the Participating Providers, you can make a feedback to FreightAmigo and we will use our reasonable endeavour to address such feedback as we consider appropriate under the circumstances. By using the Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Participating Providers or other third parties will be limited to a claim against the Participating Providers or other third parties who caused you harm, and you agree not to claim against us, impose liability on us, or seek any legal remedy from FreightAmigo with respect to such actions or omissions.

Changes to the Website

FreightAmigo may update the content on the Platform, Website and the Services from time to time without notice, but its content is not necessarily complete or up-to-date. Any of the material on the Platform, Website and the Services may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on the Platform, Website and the Services from all visitors and in connection with the Services from our users is subject to our Privacy Policy. By using FreightAmigo Platform, Website and the Services, you unconditionally and irrevocably consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Origin, Freightage and Destination Charges

The prices on our Site reflect market status. Unless otherwise stated, rates on the Platform/ Website are generally charged per container, kilograms, cubic meter and shipment;

Sometimes special offers are available on our Platform/website for specific cargo size, however, these rates adjusted by the Participating Providers may carry specific restrictions and conditions.

Import Taxes and Duties (Applicable for incoterms: DAT/DDU/DAP & DDP terms)

When you schedule a shipment with Participating Providers via FreightAmigo, you have the incoterms option between DAT/DDU/DAP or DDP. In DAT/DDU/DAP Shipments, you choose not to pay in advance for any taxes and duties in respect of the shipment arising in the destination country, of which the user, as consignee will be billed accordingly. By using DAT/DDU/DAP shipment, users acknowledge that any local customs charges, import taxes, import duties, last-mile delivery fee, or in general any extra charge(s) regarding the shipment (“Taxes and Duties”), will be of the consignee’s sole responsibility.

In the event that you wish to avoid as consignee for being charged any additional fee, you may use DDP shipment, in which you agree to pre-pay the Taxes and Duties in respect of the receiving country at the time you book the shipment.

Your appointed Participating Providers will provide to you an estimate of the Taxes and Duties prior to each shipment for your reference (“Estimate”). For DAT/DDU/DAP shipments, such Estimate shall be for reference only and the shipment may be subject to other additional charges depending on the local custom practices of the destination country. For DDP shipments, your appointed Participating Providers guarantees that such Estimate shall be binding and any Taxes and Duties payable by the user as per outlay. Your appointed Participating Providers reserves the right to charge a user using DDP shipments additional fees in respect of excessive Taxes and Duties resulting from the incomplete and/or inaccurate information provided by the user used to compute the Estimate.

Customs

Clients should be wholly liable for any loss, delay, or damage of items shipped, while in the hands of a local custom. In addition, you agree that FreightAmigo shall not be held responsible in any way in the event that the local customs confiscates, holds, or denies release of the shipment to the clients/consignee.

Service provided by Participating Providers

FreightAmigo is an Internet-based freight marketplace and freight platform that connects Clients and Participating Providers. In no circumstances should FreightAmigo be liable for any Services provided by any Participating Providers. FreightAmigo is not liable for any damage, destruction, or loss of shipment, late pickup, late delivery, and issues with the tracking. Also if you procure the freight without pickup service and/or delivery service, Clients are responsible delivering the shipment to the designated drop-off and/or pickup point. FreightAmigo is not liable for the delivery time information shown on the Platform and Website. FreightAmigo is not responsible for any delayed delivery.

Insurance Request Cargo Insurance via Freightamigo

You may request cargo insurance via Freightamigo. Our Participating Providers may contact you for such service. Participating Providers may approach you and quote to you the premium separately. FreightAmigo shall not be held responsible in the event of any insurance dispute. However, if you are not able to resolve your concerns with related Participating Providers, you can make a feedback to us and we will use our reasonable endeavours to address such feedback as we consider appropriate under the circumstances.

Loss and Damage to Freight

You acknowledge and agree that FreightAmigo is not an enterprise client, exporter, imports, carrier, freight forwarder, or other transportation services provider, and is not liable to you for any loss, damage, injury, delay, mis-delivery, or non-delivery of freight, or for the accuracy of quotes or payment of any freight charges or any other cost or expense.  The only recourse as shipper, consignee, trader and/or any individual in the event of a freight claim is to file that claim directly with your Participating Providers appointed.  The amount that claimant may recover on a valid freight claim will be determined by the Participating Providers, the freight forwarders’ or carriers’ terms and conditions of service, rules tariff, and applicable laws, conventions and regulations, which is typically less than the full actual value of the freight lost or damaged.  Clients are encouraged to obtain independent cargo insurance from a third party in order to protect against the risk of loss, because in most instances cargo insurance will not be arranged by freight forwarders or carriers.  FreightAmigo will not facilitate, assist, or manage the claims process on behalf of any Clients or freight forwarder/Participating Providers.

Service Access

FreightAmigo’s service will be performed by skilled and qualified personnel, in a professional manner. However, we reserve the right to make the Platform unavailable from time to time for any reason or no reason at all. User agrees that FreightAmigo shall not be liable for any damages arising from any interruption, suspension or termination of the Platform.

FreightAmigo reserves the right to restrict or terminate any users’ access to any parts of or the entire Website and/or the Service to users for any or no reasons.

User is responsible for the selection of software to satisfy its requirements, for its data, and for the data and other results obtained, and conclusions drawn, from operations of the Services. FreightAmigo will have no liability to user or third parties in connection with the use of such data, results and conclusions. In addition, user acknowledges and agrees that FreightAmigo does not and cannot control the flow of data to or from other portions of the internet. Actions or inactions of third parties may result in situations in which user’s connection to the internet, its use of software, hardware, or information and systems may be impaired, disrupted or damaged. Although FreightAmigo will use commercially reasonable efforts to take actions it deems appropriate to remedy and avoid such events, FreightAmigo cannot guarantee that they will not occur. Accordingly, FreightAmigo disclaims any and all liability resulting from or related to such events.

Intellectual Property Matters

User acknowledges and agrees that all data and material developed and/or collected by FreightAmigo in connection with the operations of the Platform shall be the exclusive property of FreightAmigo and are protected by copyright laws, rules, trademark laws, and other laws, rules and regulations of Hong Kong Special Administrative Region (HKSAR) and other regions/countries. The FreightAmigo brand name and company logo are not available for use without prior written permission by FreightAmigo, unless where copyrighted data and material may be used in accordance with any separate agreements entered into between FreightAmigo and user.

The Content, all data and materials developed and/or collected by FreightAmigo, consists of material which is owned by, licensed or used with the permission of user and its licensors (if any), and is protected by local and international copyright, trademark, and patent laws. The Content may also include trade secrets proprietary to others. User agrees not to modify or delete any notices on the Content regarding copyright, trademark, patent and/or proprietary rights. All third party content published on the Platform is property of the respective copyright owners and may not be copied or distributed in any way by other user for its own commercial purposes. To enable FreightAmigo to use Content provided by user in connection with the operation of the Platform and the advertisement thereof by FreightAmigo, without violating any rights the User has in the information and material, User grants to FreightAmigo a non-exclusive, worldwide, perpetual, irrevocable, royalty free right to use and exercise the copyright, trademark and publicity rights (but not other rights) user has in such information and material, online and otherwise in any publicity material of FreightAmigo. Title to and ownership of all intellectual property rights of the material and information provided by a user shall remain with the user or its third party licensors.

Except as where expressly provided, nothing in these Terms and Conditions shall be construed to transfer from FreightAmigo to User any right, title or interest in or to any FreightAmigo Technology (all but not limited to the System structure, layout, functions and/or features) or any Third Party products/services, and all right, title and interest in and to FreightAmigo Technology or Third Party products/services will remain solely with FreightAmigo or FreightAmigo’s licensors, and no license, right or interest in any trademark, copyright, trade name or service mark FreightAmigo or FreightAmigo Licensor is granted to User.

To the extent that user or its employees or contractors participate in the creation or development of FreightAmigo Technology, User, on behalf of itself and its employees and contractors, hereby assigns and agrees to assign to FreightAmigo all right, title and interest, including all intellectual property rights in, and to, the FreightAmigo Technology. Notwithstanding anything to the contrary in these Terms and Conditions, FreightAmigo will not be prohibited or enjoined at any time by user from utilizing any skills or knowledge acquired during the course of providing any other Services, including, without limitation, information publicly known or available or that which could reasonably be acquired in similar work performed for another user of FreightAmigo.

Third Party Content and Services

The Platform may link directly or indirectly to third party websites or services. FreightAmigo does not control nor endorse or assume any responsibility for third party content, goods and services, business practices and policies of any third party. Neither does FreightAmigo endorse and/or control the truth or accuracy of any third parties’ content and services or any related data made available by user through the Platform. FreightAmigo shall not be responsible, or liable, directly or indirectly, for any damage, or loss caused or alleged to have caused by or in connection with any third party content available on or through the Platform.

Data Privacy

FreightAmigo is committed to safeguarding and protecting its users’ personal data. FreightAmigo’s usage of the collected data, the disclosure, transfer and protection measures are described in the Privacy Policy.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or in connection with your use of the Services will be free of viruses or other destructive code. You are solely responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE OR AVAILABLE VIA THE SERVICES, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE PLATFORM, WEBSITE, THE SERVICES, THE PLATFORM CONTENT, WEBSITE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, WEBSITE OR THE SERVICES IS AT YOUR OWN RISK. THE PLATFORM, WEBSITE, THE SERVICES, THE WESBSITE’S CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, WEBSITE OR THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM, WEBSITE OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, WEBSITE, THE SERVICES, THE PLATFORM’S CONTENT, WEBSITE’S CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, WEBSITE OR THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM, WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, THE SERVICES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

ANY QUOTED PICK-UP, DELIVERY OR TRANSIT TIMES ARE BEST ESTIMATES ONLY AND WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY IF A PICK-UP, DELIVERY OR TRANSIT TIME EXCEEDS ANY ESTIMATE GIVEN OR OTHERWISE EXCEEDS YOUR EXPECTATIONS FOR WHATEVER REASON NOR SHALL WE HAVE ANY OTHER LIABILITY TO YOU IN CONNECTION WITH THE TIME AT WHICH YOU AND/OR THE GOODS TO BE TRANSPORTED BY THE PARTICIPATING PROVIDERS, FREIGHT FORWARDERS REACH OR FAIL TO REACH THE DESTINATION.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWS AND REGULATIONS.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL OR REGULATORY REQUIREMENTS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, WEBSITE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR AVAILABLE THROUGH THE SERVICES, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWS, RULES AND REGULATIONS.

Indemnification

You agree and undertake to defend, indemnify and hold FreightAmigo harmless, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (the “FreightAmigo Entities”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including legal fees and taxes) arising out of or relating to your (1) violation of these Terms and Conditions of Service or your use of the Platform, Website and the Services, including, but not limited to, your User Content, any use of the Website’s content, Services, and products, other than as expressly authorized in these Terms and Conditions, (2) your submission to or use of any information obtained from the Website or the Services, (3) the infringement by, you or any third party using your account, of any intellectual property or other right of any person or entity, (4) your violation of any laws, rules or regulations, or (5) any amounts you owe to third parties as a result of your using the Platform, Website and the Services.  Your indemnification obligations will survive your ceasing use of the Website and the Services, or the termination or expiration of these Terms and Conditions.

FreightAmigo reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree to not settle any such matter without the prior written consent of FreightAmigo. FreightAmigo will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Governing Law and Jurisdiction

The Agreement and the Terms and Conditions and any dispute or matter arising from or incidental to the use of the Site shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China. This Agreement may be translated to any foreign language from time to time for users’ convenience, but the English language version of this Agreement shall prevail.

Waiver and Severability

No waiver by the Company of any terms or conditions set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other terms or conditions, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

Force Majeure

Without prejudice to the provisions of these Terms and Conditions limiting or disclaiming liability, FreightAmigo is not liable for any delay or failure in performance resulting directly or indirectly from causes or circumstances beyond its reasonable control, including, without limitation, failure of the internet, power failure, failure of computer, telecommunication or other equipment, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, floods, storms, explosions, act of God, war, governmental actions, orders of domestic or foreign courts and non-performance of third parties.

Entire Agreement

This Agreement and The Terms and Conditions shall constitute the entire agreement between User and FreightAmigo relating to his/her/its use of the Site/Website/Platform/Services; and shall replace and supersede all other communications (be it written or oral), discussions, letters and contracts relating to the subject matters hereof.

About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services.  If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

For information about how to contact FreightAmigo, please visit our contact page.

Indemnification

You agree and undertake to defend, indemnify and hold FreightAmigo harmless, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (the “FreightAmigo Entities”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including legal fees and taxes) arising out of or relating to your (1) violation of these Terms and Conditions of Service or your use of the Platform, Website and the Services, including, but not limited to, your User Content, any use of the Website’s content, Services, and products, other than as expressly authorized in these Terms and Conditions, (2) your submission to or use of any information obtained from the Website or the Services, (3) the infringement by, you or any third party using your account, of any intellectual property or other right of any person or entity, (4) your violation of any laws, rules or regulations, or (5) any amounts you owe to third parties as a result of your using the Platform, Website and the Services.  Your indemnification obligations will survive your ceasing use of the Website and the Services, or the termination or expiration of these Terms and Conditions.

FreightAmigo reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree to not settle any such matter without the prior written consent of FreightAmigo. FreightAmigo will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.