Terms and Conditions

The use of the LoadingCalendar's website and platform https://www.loadingcalendar.com (hereinafter the “Platform”) is subject to the present terms and conditions (hereinafter the “Terms and Conditions”) and all other rules and policies made available on the Platform.

The owner of the Platform is Cargoson OÜ, a private limited company established under the laws of the Republic of Estonia (registry code 14545832; address Pärnu mnt 141, Tallinn 11314, Estonia; hereinafter referred to as “Cargoson” or the “Party”).

A person who registers the customer's account on the Platform (hereinafter the “Customer(s)” or the “Party”) shall agree to and acknowledge that he or she has read, understood and agrees to be bound by these Terms and Conditions. In case the Customer’s account is registered by Cargoson, the Customer shall receive an email to activate its account and, in addition to choosing a password, the Customer shall be required to agree to and acknowledge that he or she has read, understood and agrees to be bound by these Terms and Conditions. A natural person who activates the Customer’s account and/or in any other way uses the Platform on behalf of the Customer confirms that he or she has the authority to agree with these Terms and Conditions on behalf of the Customer

The Customer agrees to be bound by the following Terms and Conditions:

THE PROVISION OF SERVICE

Cargoson provides, administers, operates etc. the Platform that allows companies to manage their warehouse dock scheduling (thereon is hereinafter referred to as the “Service”).

Cargoson provides the following operations on the Platform in accordance with the Terms and Conditions:

1. Cargoson registers the Customer’s account on the Platform at the request of the Customer and enables access to it by all persons specified by the Customer who will be using the Service on behalf of the Customer (hereinafter the “User(s)”). The Customer's account is common for all the Users using the Platform on behalf of the Customer, i.e. the data is shared and visible to all Customer’s Users and all Users shall also be bound by the Terms and Conditions;
2. Cargoson provides the Customer’s Users with personal usernames and passwords with which they can log in to the Platform. The Customer ensures that the User shall not share its username and password with other persons by any means;
3. The Platform enables customers to create and manage loadings for their warehouse.
4. A new Customer may be entitled to a Free Trial and is not required to provide any credit card information during the Free Trial period. Upon expiration of the Free Trial period, the Customer account will be automatically deactivated. In order to prevent deactivation, or to reactivate the Account, Customer is required to select a Plan and pay the Plan’s first payment interval Fee. If the Client does not pay the first payment interval Fee within 90 days of the expiry of the Free Trial period, Cargoson has the right to permanently delete the Customer account.

RIGHTS AND OBLIGATIONS OF THE CUSTOMER

The Customer has the right to:

1. use Platform for ordering and receiving the Service;
2. receive comprehensive information and assistance from Cargoson's contact person in matters related to Platform, Customer’s account, Terms and Conditions and available subscription options;

The Customer is obliged to:

1. ensure that the Service is used only for its own purposes and internally in the Customer's company and no third party can access or use the Platform and/or the Service;
2. ensure that the Service is not used for any other purposes than specified in Section 2.2.1 of the Terms and Conditions, including that the Customer’s Users do not resell, transfer or share in any other way the information obtained through the use of the Service, unless Cargoson has given its prior written consent to such use;
3. implement reasonable security measures to secure the handling of the data required to access the Service (e.g. the Users’ passwords);
4. comply with all the applicable personal data protection requirements when processing personal data, including to comply with the restrictions on the transfer of personal data to foreign countries;
5. notify Cargoson at first opportunity of any change of contact information provided to Cargoson and submit the new contact information. If the Customer has not notified Cargoson of the change of the contact information, all notices, declarations of intent and other communication are considered duly submitted by Cargoson when sent to the addresses and contacts known to Cargoson at that moment.
6. present IP addresses from which the Service is used to Cargoson, if requested by Cargoson.

RIGHTS AND OBLIGATIONS OF CARGOSON

Cargoson has the right to:

1. temporarily suspend the access to the Service and/or to the Platform for carrying out the repair and maintenance works of the Platform, by giving at least one-day prior notice to the Customer;
2. for security reasons, suspend the provision of the Service and suspend access to the Service and/or to the Platform without any prior notice;

Cargoson is obliged to:

1. provide access to the Service pursuant to these Terms and Conditions and the Terms of the Subscription;
2. implement appropriate security measures to ensure the security and confidentiality of the data, including personal data disclosed to Cargoson;
3. release the Customer from the obligation to pay for the Service for the time during which the use of the Service was hindered or restricted due to Cargoson’s fault (e.g. server failures or other circumstances under the control of Cargoson) which shall be calculated in hours (rounded to the nearest hour), except in case of scheduled server repair and/or maintenance.

TERMS OF PAYMENT

The fee for the Service (hereinafter the “Service Fee”) is paid on the basis of an invoice submitted by Cargoson electronically according to the Terms of the Subscription.

The Customer shall make the payment within 10 working days as of the issuance of the invoice. If the invoice is not paid on time, the Customer undertakes to pay default interest in the size of 0.06% of the amount due for each day in delay until the due performance of the obligation.

CONFIDENTIALITY

The Party acknowledges that all non-public information, including but not limited to the technical, financial or commercial details (e.g. warehouse details, loadings, usernames and passwords etc.) related to or affecting the operations of Cargoson, the Customer or their business partners which has been disclosed in whatever way or form in the process of providing the Service (hereinafter the “Information”) is confidential. The Information shall not be disclosed to any third party in whatever way or form, neither in part nor in full (hereinafter the “Confidentiality Obligation”), unless the disclosing Party has given its prior written consent for such disclosure, the receiving Party is obliged to disclose the Information under the applicable law or the disclosure is necessary for the provision or receipt of the Service (i.e. disclosure of the Customer’s Information to the carrier in the extent that it is necessary for the provision of Service). The Parties’ professional advisors (e.g. lawyers, auditors, notaries and the employees of the credit and finance institutions) rendering services to any of the Parties shall not be deemed as third parties.

The Parties undertake to keep the Information confidential and not to use it for any other purpose than for the provision or receipt of the Service, including not to copy the Information in any way unless necessary for the provision or receipt of the Service. The Parties undertake not to disclose the Information to any other Customers other than the ones to whom such Information was initially addressed or intended to by the Customer.

Should Cargoson or the Customer breach the Confidentiality Obligation stipulated in Sections 5.1 or 5.2 of these Terms and Conditions, the Party in breach shall be liable for any direct damages caused to the other Party by such breach of the Confidentiality Obligation.

INTELLECTUAL PROPERTY RIGHTS

Cargoson’s trade name, trademarks and all other intellectual property rights are solely and exclusively owned and operated by Cargoson. Cargoson retains the interest and all rights and titles in its trade name, trademarks, intellectual property rights and any parts thereof.

Any commercial use of Cargoson’s intellectual property is prohibited, unless Cargoson has given its prior written consent to such use.

As long as the Customer complies with these Terms and Conditions and with the Terms of the Subscription, Cargoson grants the Customer a royalty free, revocable, nonexclusive right to access and use the Platform in accordance with the Terms and Conditions, the Terms of the Subscription and the applicable law. The Customer may not transfer, sublicence or similar the right to access and use the Platform.

PERSONAL DATA

The Parties undertake to comply with all applicable data protection, privacy and security laws and regulations, including to handle and ensure that its employees and subcontractors handle the personal data in compliance with the Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter the “GDPR”). The Customer undertakes to hold Cargoson harmless of any claims that relate to the Customer having not acted in accordance with applicable data protection, privacy and security laws and regulations and the Customer shall compensate all costs and damages to Cargoson that Cargoson has incurred or has to incur as a result of such Customer’s non-compliance.

The Customer ensures that all personal data disclosed to Cargoson is accurate, up to date and the Customer has the authority and/or is entitled to disclose such personal data to Cargoson who is hereby further entitled to disclose this data to the Carriers. The Customer acknowledges that the Customer is the controller of the personal data made available by it to Cargoson via any means and the Customer shall ensure the compliance with the obligations of the controller stipulated in the GDPR and the applicable law.

Cargoson shall process the personal data made available to Cargoson by the Customer for the fulfilment of the Terms and Conditions and the Terms of the Subscription in accordance with the GDPR and other applicable laws and regulations. Cargoson shall not, in any case, be held liable for the processing of personal data by third parties who customer has given access to data or for any breaches by such third party users.

LIABILITY

The Service shall be provided on an "as is" and "as available" basis. Cargoson does not represent, warrant or guarantee the availability of the Carriers and that any of the Carriers will answer the Customer’s request for the provision of transport services, any quality or quantity of the services of the Carriers available as at the time of the Customer’s request etc. Cargoson shall not be liable for any damage, unless caused by Cargoson intentionally or due to gross negligence, that the Customer may incur due to the following circumstances:

1. any interruption, stoppage, suspension or other unavailability of the Service or any interruption, stoppage, suspension or other unavailability of the access to and/or use of the Platform (e.g. due to outage of servers, due to security reasons etc.);
2. bugs, viruses, Trojan horses, etc. that spread or are transmitted by anyone to or through the Platform;
3. deletion of any content or data or inability to save content or data on the Platform;

AMENDING THESE TERMS AND CONDITIONS, TERMINATION OF THESE TERMS AND CONDITIONS AND SETTLEMENT OF DISPUTES

In case Cargoson amends the Terms and Conditions and/or the Terms of Subscription, Cargoson shall notify the Customer thereof when the Customer (i.e. any User) logs into the Customer’s account on the Platform and requests the Customer (i.e. any and all Users) to agree to the new and/or amended version of the Terms and Conditions and/or the Terms of Subscription (the “Amended Version”). For the sake of clarity, any User who does not agree to the Amended Version shall not be able to place any new orders on the Platform. In case the Customer does not agree to the Amended Version, the Customer is entitled to prospectively terminate the Subscription and the Terms and Conditions immediately. In such case, all already active orders and Services shall be rendered pursuant to the version of the Terms and Conditions and/or the Terms of Subscription applicable as at the time of making the order

The Subscription and thus also the Terms and Conditions may be terminated at any time by notifying the other Party one month in advance. Upon termination of the Subscription and the Terms and Conditions by the Customer, the Customer is obliged to pay for the Service for the calendar month during which the termination took place.

Upon termination of the Subscription and the Terms and Conditions and if the Customer has not deleted its account on the Platform itself, Cargoson will delete the Customer’s account on the Platform together with the Users’ means of access to the account.

Any dispute between the Parties that relates to the performance of the Terms and Conditions and/or the Terms of the Subscription shall be settled by way of negotiations. If the dispute cannot be settled by way of negotiations within a reasonable period of time, the dispute shall be settled by Harju County Court (Harju Maakohus).

FINAL PROVISIONS

The Terms and Conditions and the Terms of the Subscription are governed by the laws of the Republic of Estonia.

Cargoson reserves the right, at its sole discretion, to modify, add or remove the Terms and Conditions and the Terms of the Subscription at any time by posting such changes on the Platform. The continued use of the Service after such changes have been posted constitutes the Customer’s binding acceptance of such changes.

Invalidity or unenforceability of any provision of the Terms and Conditions and/or the Terms of the Subscription shall not affect the validity or enforceability of any other provision of the Terms and Conditions and/or the Terms of the Subscription. If possible, the Parties shall substitute the invalid or unenforceable provision with a valid or enforceable provision that implies the intent and economic idea of the provision in question.

The Terms of the Subscription shall constitute an integral part of these Terms and Conditions.

In case Cargoson and the Customer have signed a separate agreement, which stipulates provisions that differ from the Terms and Conditions (incl. the Terms of Subscription) or conflict with the Terms and Conditions (incl. the Terms of Subscription), the provisions of the separately signed agreement shall prevail. To the extent no other agreements have been signed between the Parties, the present Terms and Conditions (incl. the Terms of Subscription) shall apply.