B2B Freight is the brand of an online freight quote service promoted by B2Brazil and operated by Shipa Freight Solution LLC (“Shipa Freight”), a company incorporated under the laws of Dubai, United Arab Emirates. Shipa Freight is an affiliate of Agility GIL Services AG, a company registered in Switzerland, and its subsidiaries, which provide freight logistics services on a global scale (collectively “Agility GIL”). While Shipa Freight is responsible for the operation of the web platform, providing you with any information in connection with an international freight quote, the execution of the operation is the responsibility of Agility GIL, i.e., Shipa Freight participates as an intermediary between you and Agility GIL.
Shipa Freight™ User Agreement
This Shipa Freight™ User Agreement (the “User Agreement”) and all policies and additional terms posted on and in our sites, applications, tools and services (collectively “Services”) set out the terms on which Shipa Freight Solution L.L.C., a company organized under the laws of Dubai, U.A.E. (hereinafter, the “Company”) offers you access to the Shipa Freight™ service. You agree to comply with all of the terms of this User Agreement when accessing or using our Services.
About Shipa Freight™
Shipa Freight™ is online freight quotation service operated by the Company. The Company is an affiliate of Agility GIL for Company Business Management W.L.L. and its group entities, which are in the business of providing freight forwarding services on a global scale (collectively “Agility GIL” and each entity of Agility GIL, an “Agility Entity”).
By accessing the Shipa Freight™ web-platform, any person or entity interested in shipping goods from one location to another can - subject to any restrictions by law or under this User Agreement - get a quotation and place a transport order in just a few minutes.
In providing you any information in connection with a quotation, the placing of your transport order or the execution thereof, the Company is merely acting as an agent for Agility GIL and as an intermediary between you and the Company. When you accept a quotation through Shipa Freight™ and the Standard Trading Conditions of Agility GIL the actual freight forwarding contract is entered into between you and the relevant Agility Entity. The Company is not a party to the freight forwarding agreement.
As of the date hereof the Services are provided to you free of charge. However, we reserve our right to charge fee to the users of Shipa Freight™ at a later date, in which case the terms of this User Agreement will be amended accordingly and posted on the Shipa Freight™ website.
Prohibited Use of Shipa Freight™
In connection with using or accessing the Services you will not use Shipa Freight™ for purposes other than obtaining freight quotations and placing transport orders. Without limiting the generality of the foregoing, you will not:
- breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
- use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
- fail to pay for services ordered by you to the relevant Agility Entity, unless you have a valid reason as set out in the respective Agility Entity terms and conditions;
- distribute viruses or any other technologies that may harm Shipa Freight™ or the interests or property of users;
- use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose;
- infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to Shipa Freight™. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Shipa Freight™ or someone else;
- infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
- harvest or otherwise collect information about users without their consent; or
- circumvent any technical measures we use to provide the Services.
If we believe you are abusing Shipa Freight™ and/or our Services in any way, or the Agility Entity reports to us that you have failed to pay the Agility Entity’s undisputed invoices in due time or that you are a competitor of Agility GIL using Shipa Freight as a means to obtain competitive advantage, we may, in our sole discretion, without providing justification and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
Reliance On Information Furnished
You are required to review all information that is legally required for the proposed shipment (including but not limiting to written declarations, licenses, as well as entry, export or security data among others) and ensure the correctness of the same before submitting them to us.
You are also required to provide verified weights obtained on calibrated, certified equipment of all cargo that is to be tendered to steamship lines. You acknowledge that the relevant Agility Entity is entitled to rely on the accuracy of such weights and to counter-sign or endorse it as your agent in order to provide the certified weight to the steamship lines.
The relevant Agility Entity will rely on the correctness of all documentation furnished by you through Shipa Freight™. You shall indemnify us and the relevant Agility Entity and hold us and such Agility Entity harmless from any and all claims asserted and/or liability or losses suffered by reason of your failure to disclose information or any incorrect or false statement by you upon which the relevant Agility Entity reasonably relied.
Quotations Not Binding
No quotation shall be binding upon the relevant Agility Entity unless and until you have accepted the quotation offered to you through Shipa Freight™ and the Standard Trading Conditions of Agility GIL. Until such acceptance we reserve the right to modify the quotation based on the instructions provided by the relevant Agility Entity.
The Freight Forwarding Contract
Once you accept the Quotation by the relevant Agility Entity through Shipa Freight™, a freight forwarding contract is entered between you and such Agility Entity exclusively under the terms and conditions of such Agility Entity, which will be made available to you by way of a link on the quotation presented by such Agility Entity. Shipa Freight™ is not a party to such freight forwarding contract.
You expressly acknowledge that an electronic signature may be used in lieu of a signature affixed by hand, and that such a signature shall have the same validity and effect as the use of a signature affixed by hand. You further expressly acknowledge that, notwithstanding any statute, regulation, or other rule of law, with respect to any transaction in or affecting foreign commerce: (a) a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form; and (b) a contract relating to such transaction may not be denied legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. You acknowledge that the use of the Shipa Freight’s system for an approved transaction shall be sufficient to constitute the customer’s signature, and the customer’s acceptance and the applicability of these terms and conditions to such approved transaction Not being a party to the freight forwarding contract and in its capacity of a mere intermediary, Agility hereby disclaims any liability to you, your affiliates or any other party in connection with the performance of the freight forwarding services. You acknowledge that you have no legal recourse to Shipa Freight™ in connection thereto. If, notwithstanding the above, a competent court determines that we should be liable to you, then the terms and conditions of the relevant Agility Entity, including its limitations of liability, shall be applicable to us as well.
Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Such functionality is subject to delays beyond our control.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
- the content you provide (directly or indirectly) using the Services;
- your use of or your inability to use our Services;
- pricing, shipping, format, or other guidance provided by Shipa Freight™;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing or linking to our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of any Shipa Freight™ Service;
- the content, actions, or inactions of third parties; or
- your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
If regardless of the previous paragraphs, we are nevertheless found to be liable, our liability to you or to any third party in connection with a specific incident is limited to US$ 100 (One hundred dollars of the United States of America).
Compliance with the Law; Shipments Involving Sanctioned Countries
The presentation to you of a quotation through Shipa Freight™ cannot be construed as a representation by the Company nor by the relevant Agility Entity that the proposed shipment is legal. You are solely responsible to ensure the legality of the proposed shipments regarding which you are requesting quotations, including but not limited to ensuring that the proposed shipments comply with sanctions or restrictive measures by the United States of America, the European Union, the United Nations or other supranational bodies.
You agree to indemnify and hold the Company and the relevant Agility Entity harmless from any loss or damage arising out of a breach by you of the aforementioned covenant.
Confidentiality; Data Privacy
You acknowledge and understand that all the information that you transmit to us and that we transmit to you (including, for the avoidance of doubt, quotations) through Shipa Freight™ shall be deemed Confidential Information.
Neither party will disclose Confidential Information to any third party (other than those of its employees, affiliates, or agents under nondisclosure obligations) or to use Confidential Information for any purpose other than as contemplated by this User Agreement. The obligation set forth in the preceding sentence shall not apply to information that: at the time of disclosure is in the public domain or generally known by the public; (ii) after disclosure, becomes part of the public domain or generally known by the public, except by breach of this Agreement; (iii) was already in the receiving party’s possession at the time of disclosure by the disclosing party; (iv) resulted from the receiving party’s own research and development, independent of disclosure from the disclosing party; (v) the receiving party receives from third parties, provided such information was not obtained by such third parties from the disclosing party on a confidential basis; or (vi) is produced in response to a mandatory requirement by applicable law or an order by a competent authority.
You acknowledge and accept that Agility may use the data that you entered into Shipa Freight™ for purposes of research on market and industry trends. You hereby further agree that we may share such information with third parties and/or publish the outcomes of our research as long as such information is presented along with the data of other users in an aggregated and anonymized manner.
Governing Law and Dispute Resolution
- These conditions are governed by and construed in accordance with the laws of Dubai. In the event of a dispute arising between us, we ask that in the first instance you contact us directly to seek a resolution by contacting our customer support team. If we cannot agree a resolution either directly or through alternative dispute resolution procedures we may agree to use, such as mediation or arbitration (including as set out in (b) below), then we both agree to submit to the non-exclusive jurisdiction of the courts of Dubai. This means that if you are a consumer you are still protected by and entitled to enjoy and enforce your consumer rights in the country or state in which you live.
- Without prejudice to the foregoing, we both agree that any dispute between us as set out above may be referred to and finally resolved by arbitration in Dubai by a sole arbitrator under the Arbitration Rules of the DIFC-LCIA Arbitration Centre. This shall not affect your rights as stated above if you are a consumer.
Terms and Conditions of Service Agility
The customer is asked to note that these conditions exclude and/or limit the GIL entity’s liability; limit time for bringing claims against the gil entity; and in certain circumstances require the customer to indemnify the GIL entity.
Section 1. General Conditions
“GIL Entity” means, in these Agility Global Standard Trading Conditions (“Conditions”), any of the worldwide affiliates of Agility GIL Services AG (a company registered in Switzerland) that provides services to the customer.
All and any business undertaken, including any advice, information or service provided whether gratuitously or not by the GIL Entity is transacted subject to the Conditions hereinafter set out. All other terms and conditions, including any trading conditions of the customer or the use of the customer’s own forms, are hereby excluded. Where international conventions or any legislation applies mandatorily to the services being provided, the provisions of such conventions and law shall apply to the services and prevail over these Conditions only to the extent that they are mandatorily applicable In such circumstances, the GIL Entity shall be entitled to all the rights, immunities, exceptions and limitations conferred on the carrier by such legislation, and if any of these Conditions are repugnant to any such legislation, the same shall be void to the extent of such repugnancy but no further. In the event any clause(s) and/or portions(s) hereof is found to be invalid and/or unenforceable, then in such event the provision shall be interpreted and/or reformed to provide for the interpretation most favourable to the GIL Entity; and shall be deemed to expressly refer to the minimum allowable limitation of liability; time for suit provision; or notice requirement, as if the provision were so originally and expressly drafted.
The GIL Entity may act either as an agent or a principal contractor. The GIL Entity acts as a principal contractor where
- the GIL Entity has held itself out to be the operator of a regular line or service over the route, or part of the route, on which the goods are to be carried, and has accepted instructions for the carriage of the goods by that line or service, or
- when it has issued a transport document in its own name as a carrier or
- when it is acting solely as a warehouse keeper. In such circumstances the GIL Entity is not a common carrier and transacts business only on the basis of these Conditions only. In all other cases, the GIL Entity is deemed to be acting as an agent only on behalf of the customer and the special provisions at Section II of these Conditions shall apply. Where multiple services are provided by the GIL Entity under these Conditions, the GIL Entity only contracts as principal contractor for the part(s) of the services which fall within (i)-(iii) above, and shall in all other cases act as agent only.
When the GIL Entity acts as an agent on behalf of the customer, the GIL Entity does not make or purport to make any contract with the customer for the carriage, storage, packing or handling of any goods nor for any other physical service in relation to them, but acts as agent only on behalf of the customer in procuring services from third parties, so that direct contractual relationships are established between the customer and such third parties.
No quotation shall be binding until such quotation has been accepted by the customer in writing. Prior to such acceptance, the GIL Entity shall be at liberty to revise or withdraw quotations. After such acceptance, the GIL Entity can only revise its quotations or charges in the event that the quotation was affected by a system error or in the event of changes occurring in relation to currency exchange rates, third party freight rates, insurance premiums, any third party charges applicable to the goods or any change in the parameters on which the quotation was based.
The customer warrants that the description and particulars of any consignments furnished by or on behalf of the customer are accurate. All instructions and descriptions must be given to the GIL Entity in good time in writing either by letter, facsimile, telex, e-mail or otherwise by online means. No responsibility whatsoever is accepted by the GIL Entity in respect of instructions or descriptions issued verbally until such time as they are confirmed in writing.
Except where the GIL Entity is instructed in writing to pack the goods, the customer warrants that all goods have been properly and sufficiently packed and/or prepared for transit. The GIL Entity accepts no liability for loss of or damage to goods caused by insufficient or inadequate packing or preparation for transit.
No insurance will be effected except upon express instructions given in writing by the customer. Where customer expressly instructs the GIL Entity to procure insurance, the customer acknowledges that:
- the GIL Entity does not arrange insurance on a brokerage basis,
- such insurance will be subject to customary conditions and exclusions of the policies of the insurance company or underwriters taking the risk;
- the GIL Entity shall not be under any obligation to effect a separate insurance on each consignment but may declare it on any open or general policy;
- notwithstanding that the premium on the policy may not be the same as that charged by the GIL Entity to the customer, the GIL Entity shall in no circumstances incur liability as insurer or insurance broker and, if for any reason the insurers dispute liability, the customer shall have recourse against the insurers only, however, this provision shall not detract from the rights of the customer against the GIL Entity in respect of any negligence on the part of the GIL Entity in effecting insurance, which shall be subject to these Conditions.
Except under special arrangements previously agreed in writing, the GIL Entity will not accept or deal with
- any noxious, dangerous, hazardous or inflammable or explosive goods or any goods likely to cause damage; or
- bullion, coins, precious stones, jewellery, valuables, antiques, pictures, livestock or plants. Should any customer nevertheless deliver any such goods to the GIL Entity or cause the GIL Entity to handle or deal with any such goods otherwise than under special arrangements previously made in writing, he shall be solely liable for all loss or damage whatsoever caused by or to or in connection with the goods however arising and shall indemnify the GIL Entity in full against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith.
Where the customer delivers dangerous goods to the GIL Entity or causes the GIL Entity to handle or deal with any such goods whether under special arrangements referred in the preceding section or not, the GIL Entity reserves the right to abandon, destroy or otherwise dispose of such goods without notice in the event that the GIL Entity, at its sole discretion, considers such goods to present or risk presenting a risk to other goods, property, life or health (although the GIL Entity will, where reasonably practicable, contact the customer). Any responsibility of the GIL Entity in respect of such goods shall cease upon the aforementioned disposal of the goods, and the GIL Entity shall still be entitled to its remuneration for the services performed.
The customer undertakes not to tender for transportation any Goods which require temperature control without previously giving written notice of their nature and particular temperature range to be maintained and undertakes to properly set the container in which the goods are to be stuffed. If the above requirements are not complied with, the GIL Entity shall not be liable for any loss of or damage to the Goods caused by such non-compliance.
The GIL Entity shall not be obliged to arrange for the goods to be carried, stored or handled separately from the goods of other customers.
The GIL Entity shall be entitled, at the expense of the customer, to sell or dispose of:
- on 21 days’ notice in writing to the customer or without notice where despite reasonable efforts the customer cannot be traced, after the goods have been held by the GIL Entity for 90 days, any goods which in the opinion of the GIL Entity cannot be delivered either because they are insufficiently or incorrectly addressed or because they have not been collected or accepted by the consignee for any reason; and
- without notice, perishable goods which are not taken up immediately on arrival or which are insufficiently or incorrectly addressed or marked or which in the opinion of the GIL Entity would be likely to perish in the course of the carriage, storing or handling.
- Without prejudice to the GIL Entity’s rights under clause 14 below or generally, where the GIL Entity exercises its power of sale and/or disposal under this clause, it shall be entitled to deduct any costs of sale/disposal, together with any storage charges and any other unpaid charges from any proceeds of such sale/disposal prior to accounting to the customer for any balance.
Subject always to complying with any requirements of applicable law, the GIL Entity shall have a general lien on all goods or documents relating to goods, including bills of lading, sea waybills and/or other transportation documents, for all sums due at any time from the customer or the owner of the goods or any person holding an interest on the goods (“Owner”), and shall be entitled to sell or dispose of such goods or documents at the expense of the customer and apply the proceeds in or towards the payment of such sums on 28 days’ notice in writing to the customer.
All sums due to the GIL Entity are payable by the customer on demand in advance, unless otherwise agreed by the GIL Entity. Payment shall be made without deduction and shall not be withheld or deferred on account of any claim, counterclaim or set–off. The GIL Entity shall be entitled to interest on all amounts overdue. The interest will be calculated locally in each country at a rate of 4% above the Bank of England’s base rate.
When goods are accepted or dealt with upon instructions to collect freight, duties, charges or other expenses from the consignee or any other person, the customer remains jointly and severally liable for the same. If they are not paid by such consignee or other person immediately when due, the GIL Entity shall have the right to recover any such sums from the customer.
Without prejudice to the provisions of Section II, where applicable, the GIL Entity shall not be liable to the customer or Owner for loss of or damage to the goods unless the same is due to the negligence of the GIL Entity or any subcontractors employed by the GIL Entity or its or their own servants. In no case whatsoever shall any liability of the GIL Entity, however arising and notwithstanding that the cause of loss or damage be unexplained, exceed
- the value of the goods, or
- a sum at the rate of 2 Special Drawing Rights (SDR) per kilo of gross weight of the affected goods, whichever is the lesser. Without prejudice to any other conditions herein or other defenses which may be open to the GIL Entity, in no circumstances whatsoever shall the GIL Entity be liable to the customer or Owner for delay or deviation however caused for any sums in excess of twice the GIL Entity's own charges in respect of the relevant transaction.
Without prejudice to the foregoing, in connection with all services performed by the GIL Entity, the customer may obtain additional liability coverage, up to the actual or declared value of the shipment or transaction, by requesting such coverage and agreeing to make payment therefor, which request must be confirmed in writing by the GIL Entity prior to rendering services for the covered transaction(s).
In no circumstances whatsoever shall the GIL Entity be liable to the customer or Owner for any loss which is or which amounts to:
- loss of profits;
- loss of sales, business or market;
- loss of agreements or contracts;
- loss of anticipated savings;
- loss or use or corruption of software, data or information; or
- loss of or damage to goodwill, whether such losses be direct or indirect, or for any other indirect or consequential loss, however caused.
Any claim by the customer or Owner against the GIL Entity shall be made in writing and notified to the GIL Entity:
- in the case of loss or damage to the goods which is immediately apparent, notification must be given at the time of delivery;
- in the case of other loss or damage to the goods, within 7 days after the end of the transit;
- in the case of delay in delivery or non-delivery, within 14 days of the date when the goods should have been delivered;
- in any other case, within 14 days of the event giving rise to the claim.
Any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred except where the customer or Owner can show that it was impossible for him to comply with these time limits in which case any claim shall be barred if not made without delay. Without prejudice to the foregoing, the GIL Entity shall in any event be discharged of all liability whatsoever and howsoever arising unless suit be brought and written notice thereof given to the GIL Entity within nine months from the date of the event giving rise to the alleged claim.
- The customer is responsible for ensuring that all customer transactions for which the GIL Entity provides services on behalf of the customer (“Transactions”) comply with any and all applicable laws, regulations, rules, orders and other requirements relating to export control, economic sanctions, embargoes and sectoral sanctions of the United States, the European Union and its member states, the United Nations, and other governments having jurisdiction (together, “Sanctions and Export Laws”). The customer represents and warrants that it has performed due diligence with regards to every Transaction and that each and every Transaction is not prohibited, would not subject the GIL Entity to sanctions, and does not require specific prior government authorization (e.g., export or import license, from the country of origin of the goods or otherwise), under any and all Sanctions and Export Laws, or if any prior government authorization is required, the customer has obtained such authorization and provided a copy to the GIL Entity.
Without prejudice to the foregoing, the customer acknowledges that the GIL Entity is or may be subject to United States laws that impose export restrictions or economic sanctions on, or otherwise prohibit or penalise, dealing with the governments, nationals, Specially Designated Nationals (“SDNs”) and products and services originating from or owned and controlled by certain countries or in which such governments, nationals or SDNs have an interest. These laws include the Export Administration Act of 1979 administered by the U.S. Department of Commerce and the economic sanctions regulations administered by the U.S. Treasury’s Office of Foreign Assets Control (“OFAC”) (all such laws, collectively the “US Sanctions Laws”). Customer warrants that, for all Transactions, neither the customer, its vendors nor its customers are
- located in or under the control of the government of a country subject to U.S. sanctions; or
- are on OFAC’s SDN list or the Department of Commerce’s denied persons list. The customer further warrants that the information, software and technology used by the GIL Entity’s system will not be transferred, exported or re-exported to a sanctioned country, SDN or denied person or otherwise used in violation of the US Sanctions Laws. The customer is responsible for ensuring that any necessary licenses for its business (including import and export licenses) are obtained from the relevant governmental authority.
The customer indemnifies the GIL Entity and holds the GIL Entity harmless from and against any and all claims, demands, actions, suits, proceedings, investigations, judgments, orders, losses, damages, liabilities, fines, penalties, costs, and expenses, including attorney's fees, suffered or incurred by the GIL Entity and arising out of, resulting from, or related to: (a) any non-declaration or illegal, inaccurate, and/or inadequate declaration by or caused by the customer or its directors, officers, employees, agents, or representatives; and (b) any actual or alleged violation of any Sanctions and Export Laws (whether intentional or unintentional) by or caused by the customer or its directors, officers, employees, agents, or representatives. For the purposes of this clause 21, “GIL Entity” shall be deemed to include all parent, subsidiary and associated companies of the GIL Entity.
The GIL Entity may (without liability) refuse to handle any Transaction if, in the GIL Entity’s sole judgment, such Transaction or services provided therefor could be in violation of any Sanctions and Export Laws.
Section 2. Special Provisions When The Company Acts As Forwarding Agent
Conditions 24 to 27 below apply where and to the extent that the GIL Entity in accordance with Conditions 3 and 4 acts as agent on behalf of the customer.
The GIL Entity shall act with reasonable care in procuring contracts in accordance with the customer’s instructions. Notwithstanding this, the GIL Entity shall be entitled to enter into contracts
- for the carriage of goods by any route or by any means;
- for the storage, packing or handling of the goods by any persons at any place or places and for any length of time when such services form part of the carriage of the goods;
and to do such acts as may be necessary or incidental thereto at the reasonable discretion of the GIL Entity and to depart from the customer's instructions in any respect if in the opinion of the GIL Entity it is necessary or desirable to do so in the customer's interests. The customer expressly authorizes the GIL Entity to do such acts and enters into such contracts on behalf of the customer so as to bind the customer by such acts and contracts in all respects, notwithstanding any departures from the customer's instructions as aforesaid.
The GIL Entity shall be entitled to delegate the performance of any of its obligations as agents to any of its parent, subsidiary or associated companies, or to any other person, firm or company. The contract between the customer and the GIL Entity is made by the GIL Entity on its own behalf, and also as agent for and on behalf of such parent, subsidiary or associated company, and such company shall be entitled to the benefit of these Conditions. The customer will not seek to impose upon such company a liability greater than or additional to that accepted by the GIL Entity under these Conditions.
The GIL Entity shall be entitled to retain and be paid all brokerages, commissions, allowances and other remuneration customarily retained by or paid to forwarding agents.
The GIL Entity shall not be liable to the customer or Owner for loss or damage arising from any non-compliance with the customer's or Owner's instructions or for any failure to perform whether wholly or in part their obligations (whether such obligations arise in contract or otherwise) unless the same is due to the negligence of the GIL Entity or its own servants.
Section 3. Jurisdiction And Applicable Law
These conditions, and any act or contract to which they apply, shall be governed by the law of the country of incorporation of the GIL Entity entering into such a contract. Any dispute arising out of any such act or contract shall be within the local jurisdiction of the courts of the country of incorporation of the GIL Entity.
By using, or submitting any information to, our Website or any applications or tools therein located, you consent to the collection and processing of personal data as described below.
Shipa Freight Solution L.L.C., a company registered in Dubai, United Arab Emirates (“Shipa Freight”, “we”, “us” or “our”), respects your preferences concerning the collection and use of your personal data.
This policy describes how we collect personal data out of your use of the https://app.shipafreight.com website (the “Website”) and how we use such personal data (hereinafter, the “Policy”). Shipa Freight is the primary controller of personal data collected through the Website.
This Policy applies only to the personal data that we collect online, from users of our Website.
Does Shipa Freight collect personal data through the Shipa Freight website?
You can visit most areas of the Website without providing any information about you. However, our Website may include certain applications that require certain personal data from you.
Before using any of the aforementioned applications we may require some personal data from you. Such personal data is needed to fulfill our legitimate interests of knowing you as a user of our website or to offer you, as a potential customer, products or services that fulfill your needs. Such personal data may also be needed for the purpose of entering into, or providing services under, a contract with you. The provision of your personal data is voluntary and is therefore based on your consent. However, if you do not provide such personal data, you may not be able to receive the requested information from us.
Shipa Freight also collects and processes personal data it did not collect from you. This is the case where Shipa Freight receives personal data from your device as part of the electronic communication itself – the standard electronic greeting between your computer, the network, and our servers. At this time, our server will also query your computer to see if there are “cookies” previously set by the Website to facilitate log in, or other site navigation procedures.
Our website may contain applications that allow you to book shipments, in which case you need to provide us with third party personal data needed to arrange for such shipment. In such case, you represent and warrant to Shipa Freight that you have obtained all necessary third party consents for the processing of such personal data contemplated by the shipment.
What personal data does Shipa Freight collect through its website?
For the purposes detailed herein, Shipa Freight collects and processing the following categories of personal data:
Log Data: This information often consists of network routing (where you came from), equipment information (browser type), date, and time.
IP Addresses: We collect IP addresses and domain name information. An IP address is a number that is automatically assigned to a computer whenever it is connected to the Internet.
User and Third Party Identifiable Information: We collect personal data from users of the Website, through registration screens, online forms, from online sales inquiries, or in e-mails that users send us. We may also collect personal data relating to individuals involved in a shipment or service requested by the User of the Website. Personal data may include name, title, company, address, phone number, e-mail address, and the like.
Cookies: Cookies are unique identifiers that we share with your device to enable our system to recognize your computer and preferences on return visits to our Website. Cookies on the Website may collect the following information: a unique identifier, user preferences and profile information.
Pixel Technologies: We may also use embedded pixel technologies to help track site usage. The site usage information collected by these technologies is associated with cookies and may provide personally identifiable information about your site use if you are a registered user of the Website.
Financial Information: For the purposes detailed hereinafter, Shipa Freight may be required to collect and process financial information such as payment information.
How do we use your personal data collected through the website?
Shipa Freight may use your personal data in several ways, as follows:
- To manage its contractual or pre-contractual relationship with you;
- To implement transactions or communications you requested, and, more generally, to provide you with the services and information you requested from us, including to respond to inquiries about the tracking of packages or ensuring adequate pick-up and delivery of shipments;
For pursuing its legitimate interest of improving its business practices, Shipa Freight will collect and process your personal data for the following purposes:
- To help create a Website that is relevant and user friendly, by evaluating Website content, navigability and composition as well as page response rates;
- To protect the security and integrity of the Website;
- For system administration purposes;
- To let you know about material changes made to this Policy;
- To protect Shipa Freight’s rights and interests through legal actions;
- To perform business analytics activities relying notably on advanced profiling techniques and statistics, as more specifically described below; and
- To provide you with tailored notices of our products, services, service developments as well as personalized contents that may address your needs (e-mail marketing), as more specifically described below.
Lastly, Shipa Freight may be required to collect and process personal data to comply with legally mandated reporting, disclosure, as well as any legal requirements.
Do we implement cookies, profiling and e-mail marketing activities?
Shipa Freight may implement profiling activities, which enables us to better understand your potential needs and expectations so as to provide you with tailored information and/or services, the most likely to be of interest to you. Please note yet that such profiling activities will not make you subject to any legal consequences as it is just a useful way for us to better get to know you and to adapt our services proposals accordingly. To exercise your right to object to such profiling please contact [email protected]
We do conduct e-mail marketing activities. If in the use of our website you have provided us with email or other personal data, we will ask your consent to send you e-marking material, except in the event that you are an existing customer and such permission is not required according to law. We will include an “unsubscribe” link in each electronic communication so that you can advise us whether you wish to continue receiving such communications going forward and will take due note of your choice accordingly.
How long does Shipa Freight retain my personal data?
Shipa Freight will retain your personal data for no longer than is necessary for the purposes specified under this Policy, except as otherwise agreed with you on a contract or as provided by applicable law.
How does Shipa Freight protect my personal data?
Shipa Freight implements appropriate technical and organisational measures to ensure a level of security appropriate to the risk and has in place generally accepted information security techniques to prevent unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data we collect. These measures include policies, procedures, firewalls, access control procedures and cryptography, and technical elements relating to personal data access controls.
Does Shipa Freight share my personal data with others?
In order to pursue the purposes referred to under this Policy, Shipa Freight may need to share certain personal data with subsidiaries and affiliates in different jurisdictions (which may also act as data controllers), with service providers (e.g. those needed for the operation of the Website, credit card clearing houses, transport companies, etc.) and other third parties. We share personal data to the parties referred above only to the extent needed to run the website and conduct the activities referred to in this policy.
Shipa Freight takes appropriate steps to ensure that its personnel, its affiliates and third-party vendors are bound by duties of confidentiality and that the Company implements measures such as EU standard contractual clauses to ensure that any transferred personal data, remains protected and secure.
What are my rights regarding the submitted personal data?
You are entitled to:
- request access to your personal data processed by Shipa Freight;
- request the rectification of your personal data;
- request the erasure of your personal data;
- request the restriction of processing or object thereto;
- receive your personal data in a structured and standard format as part of your right to portability; and
- lodge a complaint with a local supervisory authority.
Should you be willing to exercise the rights referred to under this section, you may write to the email address specified under the contact section below (“How Can I Contact Shipa Freight?”).
Are children permitted to user Shipa Freight?
Shipa Freight does not intend to collect and process personal data from children. If you believe that that a child has submitted personal data through our Website, please contact us using the information below.
What about other websites?
The inclusion of any external link on our Website does not imply our endorsement of the website, the company (including such company’s products) that such external link leads to, and we do not accept any liability connection thereto.
This Policy reflects our current data protection policies and practices. We reserve the right to update it from time, in which case the new version will posted on the Website.
How can I contact Shipa Freight?
If you have questions about this Policy, please contact [email protected]
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