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Allcargo.Market User Agreement

 

1. Terms

Platform - a set of programs for electronic computers and other information contained in an information system, access to which is provided via the Internet, accessible under a second-level domain name (address): - https://allcargo.market/ and any third-level domain name https://allcargo.market/

Allcargo.Market - FN FUSION B.V., P.F. von Sieboldlaan 1, 1431 KG Aalsmeer, Netherlands VAT / EORI: NL 853948392 B 01, Chamber of Commerce (KvK ): 60526068 which is the owner of the Platform.

Agreement - this User Agreement is aimed at regulating the relationship between Allcargo.Market and Allcargo.Market User, definition of their basic rights, duties and responsibilities posted on the Platform at: https://allcargo.market/

User is a legal entity, individual entrepreneur who has passed the identification procedure carried out by Allcargo.Market, to establish the identity of an individual entrepreneur or the identity and powers of an official representative of a legal entity registered on the Platform (Client, Seller). Methods for identifying the User, Allcargo.Market leaves it at its discretion.

Account - a personal page (Account) of the User on the Platform, containing the totality of all available information about the User registered on the Platform, as well as any other information about him posted on the Platform. An account is created when the User registers on the Platform and is an integral part of the Platform. Login to the User Account is carried out using the login and password created by the User himself. Login and password are analogous to a simple electronic signature of the User.

Moderation is a check carried out by the moderator or administrator of the Platform of information posted by the User on the Platform (planned for posting - pre-moderation) for its compliance with the provisions of the Agreement and other terms and documents of Allcargo.Market. Moderation is not the responsibility of Allcargo.Market.

The application is a computer program Allcargo.Market, created specifically for use on a mobile phone, smartphone or communicator, which is designed to perform tasks similar to the functionality of the Platform. Further in the text, Platform and Application read as Platform.

2. General provisions

2.1. Allcargo.Market grants the right to use the https://allcargo.market Platform to any legal entity or individual entrepreneur.

2.2. The user agreement is an offer.

2.3. In order to use the services of the Platform , a potential User must go through the registration procedure, as a result of which a unique account will be created for the User.

Registration on the Platform constitutes acceptance of this offer (unconditional acceptance of the terms of this Agreement and an expression of agreement with all the terms of this Agreement).

2.4. A person who has completed the registration procedure on the Platform becomes a User of the Platform.

2.5. The owner of the Account is Allcargo.Market. All rights to delete an Account belong to Allcargo.Market. After registering on the Platform, the User receives an Account for temporary possession and use.

2.6. If the Platform User refuses to further use the Account (terminates the agreement with Allcargo.Market, takes other actions that clearly indicate refusal to further use the Account), the Platform User loses the rights to use the Account.

2.7. Allcargo.Market provides Users with free and paid services in accordance with the functional and technical capabilities of the Platform. Tariffs for paid services are constantly posted in the standard operating procedure (hereinafter referred to as SOP), in public access on the Platform.

The SOP, other policies and conditions are an annex to and an integral part of this Agreement.

2.8. The Agreement may use terms not defined in paragraph 1 of this Agreement. In these cases, the interpretation of the terms is made in accordance with the text and meaning of this Agreement.

2.9. Allcargo.Market is the copyright holder of the exclusive right to the Platform, and guarantees that the right to use the Platform is granted to the User legally, without violating the rights of third parties.

2.10. All actions and correspondence of the Parties: on the Platform, via email addresses, phone numbers (including SMS, instant messengers) – have legal force and are considered legally significant. Electronic images of documents placed by the User in the Account/directions by email are considered to be made in writing and signed with a simple electronic signature of an authorized person. If notifications are posted in the Account/sent via email/phone number (including instant messengers), the User is deemed to have been duly notified from the moment the notification is sent.

3. Rights and obligations of the parties

3.1. Rights and obligations of Allcargo.Market:

3.1.1. Allcargo.Market undertakes:

3.1.1.1. Provide the User with the right to use the Platform and the paid service available on the Platform, in accordance with the tariffs, in the amount, within the terms and on the conditions established in this Agreement and its annexes, in accordance with the type of such service.

3.1.1.2. Do not disclose the User data specified during registration. Allcargo.Market is not responsible for their receipt by third parties through no fault of Allcargo.Market, in particular, in connection with the actions of third parties, including persons providing hosting services for the Platform.

3.1.2. Allcargo.Market has the right:

3.1.2.1. At its discretion, unilaterally change the cost of paid services with mandatory notification of this to Users by posting relevant information on the Platform by amending the tariffs specified in the SOP.

3.1.2.2. At its discretion, unilaterally block the User's access to the Platform and deny the User use of the Platform, including making a decision on deleting/not deleting the Account/information contained in the Account from the Platform.

3.1.2.3. Allcargo.Market has the right to make changes to the Agreement and its annexes at any time. The User independently monitors the Agreement for changes made. Continued use of the Platform after updating the Agreement means that the User agrees to the updates. The new version of the Agreement and/or any integral part thereof comes into force from the moment of publication on the Platform, unless a different date for the entry into force of the changes is determined by Allcargo.Market when they are published. If the User does not agree with the new version of the Agreement, he must stop using the Platform.

3.1.2.4. Require the User to confirm the data specified during registration and request supporting documents.

3.1.2.5. Moderate the Platform.

3.1.2.6. Collect, store, systematize and use information about the User’s activities on the Platform, in particular, statistics of visits to the Platform, services used, etc.

3. 1.2.7. Without the User’s consent, transfer data about him to government agencies or the court upon their official, reasoned request.

3.1.2.8. At our own discretion, at any time, without additional notice, change the functionality, interface, algorithm of the Platform, carry out work during which the Platform may be unavailable for use, which is not a basis for attracting Allcargo.Market to liability and recovery of damages arising in connection with malfunctions, errors, etc.

3.2. Rights and obligations of the User:

3.2.1. The user undertakes:

3.2.1.1. Comply with the terms of this Agreement and its Annexes.

3.2.1.2. Comply with the Rules for posting information on the Platform .

3.2.1.3. Do not post information on the Platform (including links) that may violate the rights and interests of other persons, as well as legal requirements.

3.2.1.4. Provide accurate, current, complete and complete information, and periodically update the registration information and other information provided upon registration to keep it accurate, current and complete.

3.2.1.5. Independently monitor changes made to tariffs in the SOP. If this obligation is not observed, responsibility, as well as all negative consequences, rests solely with the User.

3.2.1.6. Do not share your username and password with third parties. If this obligation is not observed, responsibility, as well as all negative consequences, rests solely with the User. Unless proven otherwise by the User, any actions performed using his login and password are considered to have been performed directly by him.

3.2.1.7. Immediately notify Allcargo.Market in writing about all cases of hacking or unauthorized access to the Account/email, logins, passwords, codes.

3.2.1.8. Not to carry out any actions, including accumulation, collection, processing, recording and similar actions in relation to email addresses or any other contact information of Users that became known to the User during the use of the Platform, by automated means.

3.2.1.9. Do not use automated scripts (programs) to collect information or interact with the Platform or the services provided by the Platform.

3.2.1.10. Do not take actions aimed at gaining access to other people's data against the will of the persons to whom they belong.

3.2.1.11. Refund to Allcargo.Market all losses and expenses that Allcargo.Market incurred as a result of the User’s violation of the provisions of this Agreement.

3.2.2. The user has the right:

3.2.2.1. Use for your own purposes, including commercial ones, information obtained on the Platform, posted in the public domain.

3.2.2.2. Publish information on the Platform.

3.2.2.3. Search for information available on the Platform.

3.2.2.4. Use the free service available on the Platform.

3.2.2.5. Use a paid service available on the Platform in accordance with the tariffs posted in the standard operating procedure.

4. Responsibility of the parties

4.1. The user is independently responsible for the security (resistance to guessing) of the means he has chosen to access his account, and also independently ensures their confidentiality. All actions performed by the User after entering the login and password are considered to be performed by the User himself or his authorized person. Responsibility for all actions performed on the Platform by an authorized User lies with this User.

4.2. The User does not have the right to transfer the login and password to enter the Platform to third parties. Allcargo.Market is not responsible for losses caused to the User as a result of disclosure of his data to third parties, which occurred through no fault of Allcargo.Market.

4.3. The User is independently responsible to third parties for his actions related to the posting and dissemination of information or other information that he uploads or otherwise makes available to the public (publishes) on the Platform or through it.

4.4. When choosing a free service, Allcargo.Market is not responsible for losses caused to the User as a result of another User providing him with false information, as well as due to the actions (inaction) of this User.

4.5. Allcargo.Market does not guarantee that the information contained in the User Account is accurate and complete, since it is entered by the User independently.

4.6. The user is fully responsible for any actions resulting from which Allcargo.Market and/or third parties suffered damages.

4.7. Allcargo.Market makes every possible effort to ensure the normal operation of the Platform, but is not responsible for failure to fulfill or improper fulfillment of obligations under the Agreement, as well as possible losses resulting from:

4.7.1. Illegal actions of Users aimed at violating information security or the normal functioning of the Platform.

4.7.2. Failures in the operation of the Platform caused by errors in the code, computer viruses and other extraneous code fragments in the Platform software.

4.7.3. Absence (impossibility of establishing, terminating, etc.) of Internet connections between the User’s server and the Platform server.

4.7.4. Conducting operational-search activities by state and municipal authorities.

4.7.5. Establishment of state regulation (or regulation by other organizations) of the economic activities of commercial organizations on the Internet and/or establishment by these entities of one-time restrictions that complicate or make impossible the execution of the Agreement.

4.7.6. Other cases related to actions (inaction) of Users and/or other entities aimed at worsening the general situation with the use of the Internet and/or computer equipment that existed at the time of conclusion of the Agreement, as well as any other actions aimed at the Platform and third parties .

4.7.7. Carrying out work related to the operation of the Platform, including the work specified in this Agreement.

4.7.8. In the event of force majeure, as well as accidents or failures in the software and hardware systems of third parties cooperating with Allcargo.Market, or actions (inaction) of third parties aimed at suspending or terminating the functioning of the Platform, it is possible to suspend the operation of the Platform without prior notice to Users.

4.8. The User uses the Platform at his own risk. The Platform is provided “as is”.

4.9. Allcargo.Market does not assume any responsibility, including for the compliance of the services with the User’s goals.

5. Dispute resolution procedure

5.1. If any dispute arises between the User and Allcargo.Market on issues related to the execution of the Agreement, the parties will take all measures to resolve them through negotiations.

5.2. Users' claims related to the execution of the Agreement are accepted and considered by Allcargo.Market only in writing.

5.3. The period for consideration of the User's claim is 15 days. If necessary, Allcargo.Market has the right to extend the period for consideration of a claim by 15 days.

5.4. In case of complaints or questions, the User can contact Allcargo.Market via form or email mir@bakhramov.nl

6. Entry into force of the Agreement and other provisions

6.1. The Agreement comes into force for Users from the moment the Agreement is published on the Platform.

6.2. The agreement is concluded for an indefinite period.

6.3. The published Agreement has greater legal force and cancels previous versions of the Agreement.

6.4. The appendices to this Agreement are an integral part of it.

7. Termination of the Agreement

7.1. Termination of this Agreement concluded through acceptance of the offer is permitted unilaterally at the initiative of one of the Parties.

7.2. Termination of the Agreement at the initiative of the User. The User may terminate the Agreement by sending a corresponding declaration of will to Allcargo.Market or by refusing to use the Platform.

7.3. Termination of the Agreement at the initiative of Allcargo.Market. Allcargo.Market may terminate the Agreement on its own initiative unilaterally, without notifying the User.

8. Intellectual property

8.1. The platform is the result of the intellectual activity of Allcargo.Market. The User is prohibited from copying, modifying, adapting, translating, reverse engineering, decompiling or creating any derivative works based on the Platform or any materials, including any files, tables or documentation (or part thereof), attempting to recover the source code, algorithms, methods or techniques, extracting materials from the Platform database, as well as in any other way attempt to use the Platform and its sections not in accordance with its functions. In this case Allcargo.Market reserves the right to refuse to provide access to the Platform, block the User, and take other measures provided for by law to protect its rights.

8.2. Nothing in the Agreement grants the User the right to use the Allcargo.Market brand name, trademarks, domain names and other distinctive signs. The right to use these facilities can only be granted by written agreement with Allcargo.Market.

8.3. By using the Platform, the User understands that the rights to use information and results of intellectual activity as part of individual sections of the Platform may belong to other Users.

8.4. Exclusive rights to information posted on the Platform:

8.4.1. All objects posted on the Platform, including design elements, text, graphics, illustrations, videos, scripts, programs, music, sounds and other objects, and their collections, are objects of intellectual rights of Allcargo.Market.

8.4.2. Not permitted without the consent of Allcargo.Market reproduction, copying, collection, storage, transfer of information for the purpose of creating a database in any form and for any purpose (both commercial and non-commercial), and the use of information in its entirety or in any part of it is not allowed, regardless depending on the method of use.

8.4.3. Any use of the Platform, other than as permitted in this Agreement, without the prior written permission of the copyright holder is strictly prohibited.

8.5. The User acknowledges and agrees that Allcargo.Market is not obliged to view or in any way verify the User’s information before it is posted by the User on the Platform, including for compliance with current legislation, including the provisions of the law on intellectual property and equivalent means of individualization .

9. Personal data

9.1. The User hereby confirms that by posting his personal data to the Account, he acknowledges the public nature of this information and agrees that the relevant data is publicly available to an unlimited number of persons, including Visitors to the Platform. The user also, by accepting this Agreement, consents to the processing of his personal data by Allcargo.Market, and other Users. This consent is issued by the User subject to the terms of the Privacy Policy.

9.2. Considering that personal data (in whole or in part, in accordance with the Privacy Policy) with the consent of all Users is publicly available, however, when processing personal data, Allcargo.Market undertakes to take all organizational and technical measures to protect them from unauthorized access in a manner not provided for by the Platform.

9.3. By posting his personal data on the Platform, the User confirms that he is doing this voluntarily, and also confirms that he voluntarily provides Allcargo.Market your data for processing. If the User does not agree with the above conditions, then he should not register on the Platform, or should immediately stop using the Platform.

9.4. Allcargo.Market processes only the User’s personal data that was posted by him on the Platform.

9.5. The processing of the user's personal data is carried out for the purposes of the functioning of the Platform, and in itself cannot lead to any negative consequences for the User. However, Allcargo.Market is not responsible for the use of Users’ personal data by other persons.

9.6. The User undertakes not to use the personal data of other Users in any way that does not comply with the requirements of the law, for unlawful or illegal purposes, for the purpose of obtaining profit or for any other purposes that are not consistent with the purposes of creating the Platform.

9.7. The User has no right to post personal data of third parties on the Platform. In this case, the User undertakes to provide Allcargo upon request . Market confirmation of the legality of posting such personal data.

10. Special conditions

10.1. By accepting the terms of this Agreement, the User thereby consents to receive from Allcargo.Market sends informational, advertising and other types of mailings via SMS to the User's phone number, messages in instant messengers, messages on social networks, as well as to his email address and undertakes not to present Allcargo.Market any claims and demands related to the implementation of such mailings.

10.2. The User has no right to upload, transmit or publish information on the Platform if he does not have the appropriate rights to perform such actions, acquired or transferred to him in accordance with the law.

10.3. In the event that the Platform contains (or may contain) links to other sites on the Internet (third party sites), as well as articles, photographs, illustrations, graphics, music, sounds, videos, information, applications, programs and other content belonging to or originating from third parties (third party content), which is the result of intellectual activity and protected by law, these third parties and their Content are not verified by Allcargo.Market for compliance with certain requirements (reliability, completeness, integrity, etc.). Allcargo.Market is not responsible for any information posted on third party sites that the User accesses through the Platform or through third party information, including, without limitation, any opinions or statements expressed on third party sites or in their information.

10.4. A link to any site, product, service, or any commercial or non-commercial information posted by the User on the Platform does not constitute an endorsement or recommendation of these products (services) by Allcargo.Market.

10.5. If the User decides to leave the Platform and go to third party sites using links posted by third parties on the Allcargo.Market Platform, then the User does this solely at his own risk and from this moment the User switches to a third party website, the terms of this Agreement cease to apply to the User until the user independently returns to the Allcargo.Market Platform.

10.6. Any of the terms of the Agreement is independent, as a result of which the recognition of any of the terms of this Agreement as invalid or void by a decision of any judicial authority having the necessary competence for this purpose cannot in any way serve as a basis for invalidating the entire Agreement.

10.7. The User confirms that he has read and agrees with all the terms and conditions of the Agreement and all policies and documents of Allcargo.Market:

·      Privacy Policy Allcargo.Market;

·      Conditions for Sellers;

·      Conditions for Clients;

·      Standard operating procedure of Allcargo.Market;

·      Dispute Resolution Policy Allcargo.Market;

·      List of goods prohibited for transportation.

10.8. In all other respects that are not regulated by the User Agreement, Users and Allcargo.Market are guided by the current legislation of the Kingdom of the Netherlands and business customs.


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