These general terms and conditions of use are applicable to the access and use of the application, the website, the content and the services (collectively, the “Services”) offered by Cargors (“Cargors”, “we”, “us” or “our”). By using the Services, you agree to the following terms and conditions. If you do not accept these terms, you may not access or use the Services.

The Services

In order to access the services via the website or mobile application, you must register for an account. Cargors offers an online and mobile platform to connect shippers with carriers. Shippers can submit a request for a quotation (RFQ) for the transport of freight. Carriers can submit a quote on such requests and when accepted by shippers, they can appoint drivers to meet these requests. In addition, shippers, carriers and drivers can follow these requests. Cargors does not act as a broker between shippers and carriers, as both parties can act directly without price manipulation.

Once the account registration has been successfully completed, carriers will be able to consider the shippers’ requests to transport goods, stating their terms and conditions. Cargors is not responsible or liable for the contract including the conditions under which the transport is carried out. Such an agreement is the responsibility of the carrier and the shipper.

Cargors is not a party to the transport agreement. Cargors acts as an intermediary (within the meaning of article 7:425 et seq. of the Dutch Civil Code) and does not provide transport services and does not act in any way as a carrier, forwarder, freight forwarder, or any (other) logistics service provider or similar concept under any law, treaty or regulation.

If an offer is accepted by the shipper, both parties will receive each other’s contact details and an agreement will be made between the shipper and the carrier. Cargors does not guarantee that a request from a shipper will be accepted or that a quotation will always be available for the transport request.

Obligations of carrier

Carriers are obliged to work in accordance with the General Transport Conditions 2002, version 2015 (AVC), and the conditions declared applicable in the General Transport Conditions 2002, version 2015 (AVC), with additions as stated in this agreement.

Carriers are obliged to insure their liability under the agreement with the shipper in accordance with the General Conditions of Carriage 2002.

As soon as possible after delivery of the goods, but within one week at the latest, Cargors and shippers are obliged to provide Cargors and shippers with a proof of delivery (POD).

Cargors declares to Cargors that he shall fulfill his obligations under article 6 towards Cargors and/or the shipper and/or third parties.

The carrier agrees that it is Cargors’ sole responsibility to remind the carrier of its obligations under article 6. Cargors cannot guarantee that the carrier will fulfill its obligations towards Cargors, the shipper, or other parties.

Expectations of insurance and legal compliance

You are required to be adequately insured in respect of all contractual and statutory liabilities to the Shipper, in particular liability arising from the AVC (2002) & CMR. This means in any case that:

you have arranged insurance for consequential damage to goods and liability insurance for motor vehicles with usual and appropriate insured amounts;

you have arranged a company liability insurance with usual and appropriate insured sums for bodily injury, material damage, and property damage.

The driver must carry the relevant documents during transport.
Compliance with the law.

For international road transport: the CMR Convention and the terms and conditions of the bill of lading;

For domestic road transport: the AVC (Algemene Vervoer Condities) 2002, latest version, and the terms and conditions of the consignment bill.

AVC & CMR – You are required to work in accordance with the General Transport Conditions 2002, version 2015 (AVC). International carriers are required to work according to the Convention on the Contract for the International Carriage of Goods by Road (CMR)

Shipper’s obligations

After acceptance of an offer from the carrier, the shippers are obliged to provide all necessary documentation, information, etc. to the carrier in accordance with the General Transport Conditions 2002, version 2015 (AVC).

The carrier is obliged to honor his offer if the offer is accepted by the shipper within the set information and term. Changes in the shipper’s request may lead to extra costs for the carrier.

The shipper declares to Cargors that it will comply with its obligations under article 7 towards Cargors and/or the carrier and/or third parties.

The shipper accepts that it is the sole responsibility of Cargors to inform the shipper of its obligations under article 7. Cargors cannot guarantee that the shipper will fulfill its obligations towards Cargors, the carrier or other parties.

License to use the Services

License – Subject to these terms and conditions, Cargors grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services via the applications for internal use only to the extent that it relates to your company’s transportation operations.

Third-Party Content – You agree that Cargors is not responsible or liable for the accuracy, integrity, or quality of any third party websites or third party content that becomes available or to which you access while using the Services, nor does Cargors endorse or warrant them. This includes any reliance on or defamation of any content, advertising, products, or services to which you have gained access. You are solely responsible for the content of your messages and any consequences of such messages.

Ownership – Cargors retains all rights, titles, and interests in and to the Services, including but not limited to the Applications, and all changes, corrections, bug fixes, enhancements, updates, and other changes thereto, and all intellectual property rights thereto. Nothing in these Terms grants you any right of ownership or interest in the Services, including but not limited to the Applications, or any intellectual property rights therein.

Your Content

For the purposes of these Terms, “Content” means any information, data, text, message, or other material that you display, submit or transmit via an application or the Services. With respect to Your Content, you grant Cargors an unrestricted, worldwide, non-exclusive, royalty-free, and irrevocable license to use, reproduce, electronically distribute, publish, transmit, display, store, archive, modify and merge (in anonymous form) such Content.

You agree that any Content you provide is your own and does not infringe the rights of third parties. Cargors reserves the right to remove your content from the Services at any time and for any reason without prior notice. You agree not to post or submit any content that is obscene, illegal, defamatory, threatening, invasive of intellectual property rights, invasive of privacy, or in any way harmful to Cargors, other users, or other third parties. The collection and use of your personal information, including location information from your mobile device, in connection with the Services are described in Cargors’ privacy policy.

Communications

By using the Services, you agree to receive communications from Cargors or one of our service providers, such as telephone calls, emails, text messages and push notifications, which may be generated by an automated system. These communications include but are not limited to, information messages relating to the Services, requests for consent, updates and additional features for the Services, and promotional messages.

Compensation

You shall indemnify and hold Cargors, its officers, directors, employees, agents, successors, and assigns harmless from and against any and all third party claims, suits, actions, damages, agreements, losses, liabilities, costs (including but not limited to reasonable attorneys’ fees) and expenses arising out of or in connection with (i) your use of the Services or any accompanying materials, including, but not limited to, acts or omissions by you based on information contained in the Services or third party content accessible through the Services, claims, suits or actions of third parties related to or arising out of your use of the Services; or your breach or violation of these Terms.

Legal Basis

These general terms and conditions are governed by and interpreted in accordance with Dutch law and are supplemented by European law.

Changes to Services

Cargors reserves the right at any time and from time to time to modify or discontinue the Services (or any part thereof) with or without notice. You agree that Cargors shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

Changes to the Terms

Cargors reserves the right to change, amend or update these terms and conditions at any time without prior notice. Your continued use of and access to the Services following any such change will signify your acceptance of the modified terms and conditions.

Miscellaneous

These terms and conditions, including any legal notices and disclaimers about the applications, constitute the entire agreement between you and Cargors relating to your use of and access to the services. You may not assign these terms and conditions without Cargors’ prior written consent. Cargors may assign these terms and conditions without prior notice or consent. These terms and conditions do not create or imply any partnership, agency, joint venture, or formal business entity of any kind. Cargors’ failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or remedy. If any provision of these terms and conditions is found to be invalid or unenforceable, it will be replaced or deleted and the remaining provisions of these terms and conditions will remain in full force and effect.

PLEASE NOTE THAT YOU MAY NOT OPERATE OR COMMUNICATE WITH YOUR MOBILE DEVICE OR MOBILE APPLICATION WHILE DRIVING OR OPERATING YOUR VEHICLE. LOCATION SERVICES ARE ONLY PERMITTED FOR USE BY AUTHORISED COMMERCIAL DRIVERS OVER THE AGE OF EIGHTEEN.

Location services

When using location services, we will ask for your permission to locate and obtain your geographic location based on the geographic location of your mobile phone by obtaining your estimated latitude and longitude from your wireless service provider at various points during transmission. We use such location information to track shipments, provide transportation updates to our customers, and continue to provide services as described in the terms and conditions.

How can you sign up?

You can sign up for location services as follows:

When you download the Cargors mobile application, you will be asked to authorize and enable the location services so that Cargors can track the location of your mobile device.

How do I log out?

To stop location services via the Cargors mobile application, you can turn them off in your mobile device settings or delete the mobile application. The location services will remain on until you turn them off.

Data protection

Your privacy is important to us. We take appropriate measures to protect your privacy, including using only secure HTTPS communications with SSL encryption to obtain your location information. However, we cannot guarantee that any particular wireless transmission or computer system is 100% secure against external attacks.

Sharing and storing your location

When location services for your mobile phone are activated, your current location will be used by Cargors to track shipments, provide our customers with tracking updates with the city/state or postcode location of the shipment, for any claims and billing requests, and for other purposes described in these location services terms and conditions. We may retain location data in aggregate and/or anonymized form for an indefinite period of time, in accordance with our privacy policy.

Payment processing services

Payment processing services for carriers on Cargors are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a carrier on Cargors, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Cargors enabling payment processing services through Stripe, you agree to provide Cargors accurate and complete information about you and your business, and you authorize Cargors to share it and transaction information related to your use of the payment processing services provided by Stripe.