To begin with
A1 – The Services
- To access our services (“Services”) through the website or mobile application (“Gateway”) and thereby book shipments and accept cargo, you must register for an account (“Account”). Cargors provides an online and mobile Gateway to connect Shippers (“Shipper(s)”) with Carriers in relation to the transportation of goods by road, both domestically and internationally (“Carrier(s)”).
- Shippers can submit a quotation request for the transportation of goods by road (“Request”) through the Gateway. Carriers can submit an offer (“Quote”) in response to such Request, including any applicable terms and conditions of the Carrier. Shippers and Carriers shall hereinafter collectively be referred to as “Parties” and individually as a “Party”.
- If a Request is accepted by a Carrier (“Booking”), the Parties will receive each other’s contact information, and from that moment onwards, a transportation agreement will be established between the Shipper and the Carrier (“Agreement”). Cargors does not guarantee that a Request will be accepted or that a Quote will always be available for the Request.
- Manifest errors in the pricing provided by a Carrier shall not be binding.
A2 – Our Gateway
- We exercise reasonable care in providing our Gateway, but we cannot guarantee its accuracy (as we receive information from Parties). To the extent permitted by law, we cannot be held responsible for any errors, interruptions, or missing information, although we will make every effort to promptly correct them.
- Our Gateway does not constitute a recommendation or endorsement of any Party or its products, services, facilities, vehicles, etc. Additionally, we have no control over the transportation prices and do not exercise control over the quality of the Carrier’s fleet and/or its agents and any other assistants.
- To make a Booking, you must have an Account. Ensure that all your information (including payment and contact details) is correct and up to date, as failure to do so may result in restricted access to your Account. You are responsible for all activities carried out through your account, so ensure that no one else uses it and keep your username and password confidential.
- We solely function as an online platform and therefore cannot accept any responsibility or liability for the accuracy or inaccuracy of any messages, communications, or any form of communication posted by a Party on the Gateway. Our ability to verify the quality of the provided data is highly limited.
- Due to the possibility of Shippers using filters, we cannot guarantee that the most optimal match will be suggested.
A3 – What we consider Important
- You are required to:
- a. comply with these Terms, treat the counterparty with respect, respond in a timely manner, maintain mutual respect, ensure a safe working environment both physically and in terms of the work climate, respect each other’s privacy, refrain from causing nuisance or damage, and behave appropriately towards the personnel of the other Party (or anyone else, for that matter).
- b. adhere to all applicable laws, including not making Bookings concerning prohibited substances (narcotics, firearms, fireworks, ammunition, etc.) unless the Parties have expressly agreed to such Bookings and have reached such an agreement.
- c. do not send or deliver goods to persons not authorized to receive them.
- d. do not use the Gateway to cause inconvenience or make fake bookings.
- e. use the Gateway in accordance with its intended purpose.
- f. not post threats, insults, and obscenities on the Gateway, as well as not post Content that infringes on intellectual property rights or violates the privacy of third parties.
B1 – Agreement
- Cargors shall not be a party to the Agreement. The Agreement is directly concluded between a Shipper and a Carrier. A Shipper is referred to as a ‘sender’ under the law. Therefore, Cargors acts solely as an intermediary (as intended in Article 7:425 et seq. of the Civil Code (‘CC’)) and, therefore, does not provide transportation services or any other logistics services and does not act in any way as a Shipper, sender, (paper) Carrier, freight forwarder as referred to in Article 8:60 of the CC, or any (other) logistics service provider or similar concept under any law, treaty, or regulation.
- We are only liable if we have breached a specific obligation. In such cases, our liability is limited to direct damages (excluding consequential damages) and is further limited to an amount of €500 per occurrence or series of occurrences with the same cause. This limitation does not apply if the damages result from willful misconduct or gross negligence on the part of Cargors itself. In the latter case, we will compensate you for the full damages.
- We do not mediate between the Shipper and the Carrier regarding costs arising from or related to the Agreement. This also applies to any damages suffered by a Party, which damages may be based on the Agreement. Mediation may take place upon explicit request, and we reserve the right to refuse the request without providing reasons and to pass on the costs associated with the mediation to the Party requesting mediation, provided that these costs have been discussed in advance with the requesting Party.
- We make no representations about the products and services of Carriers unless expressly stated in these Terms. The Shipper is solely responsible for making the appropriate choice(s).
B2 – Carrier’s Obligations to the Shipper
- The Carrier is obliged to insure its liability arising from the Agreement through carrier’s liability insurance, both for domestic and international transportation. Furthermore, a motor vehicle liability insurance (WAM) and general liability insurance for businesses (AVB) must be obtained.
- The only applicable terms between the Carrier and the Shipper are the General Transport Conditions 2002 (AVC) 2002, except for Articles 23, 24, and 29 (click here). In the case of cross-border road transportation, the AVC 2002 shall apply in addition to the CMR Convention.
- The Carrier is required to upload a consignment note (‘Bill of Lading’) signed by the consignee to the Gateway as soon as possible after delivery of the goods, but no later than within one week. The Bill of Lading must include at least the contact details (name, address, and phone number) of the Shipper, Carrier, and consignee, as well as a description of the goods, the number of packages, and the weight.
- If you cancel a Booking or fail to show up (no show), you will be responsible for any costs incurred or arising as a result.
- If you anticipate that you will not arrive at the loading and/or unloading address on time, please contact the Shipper and explain when they can expect you. If you are delayed, you may be liable for the consequences (i.e., the cancellation of the Booking or any costs that the Shipper may charge).
- The Carrier is obliged (under Title 13 Book 8 of the Civil Code and the CMR Convention, among others) to deliver the goods without delay, loss, or damage.
B3 – Shipper’s Obligations to Carrier
- Upon submitting a Request, the Shipper is obliged to provide the Carrier with all necessary documentation, information, etc., which the Shipper knows or should know to be of importance to the Carrier, such as (but not limited to) weight, the center of gravity, dangerous (ADR), high-value, and conditioned goods, required exemptions and/or permits.
- Changes after the Booking may result in additional costs for the Carrier, which may be invoiced accordingly.
- If you cancel a Booking or if the goods are not ready for loading, or not ready within 1 hour after the Carrier’s arrival, the costs will be borne by you. In case of a Booking cancellation, you are legally obligated to reimburse the agreed freight price to the Carrier.
- After the commencement of the (agreed or reasonable) loading time, you are required to proceed with the loading promptly so that the Carrier can commence transportation as soon as possible. When unloading the goods, the Shipper must ensure that the Carrier is unloaded as soon as possible upon arrival. Carriers may charge waiting times. However, the following free waiting times apply: 1-2 pallets (20 minutes), 3-10 pallets (30 minutes), 11-22 pallets (45 minutes), 23-33 pallets (60 minutes).
- The goods subject to the Agreement must be protected against the normal conditions of transportation, and in the case of palletized goods, the entire load must form a stable loading unit.
C1 – License for the Use of the Services
- Subject to these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Gateway.
- You agree that we are not responsible or liable for the accuracy, integrity, or quality of third-party websites or third-party content that becomes available or that you access during the use of the Gateway, nor do we endorse or warrant them. This includes placing trust in or defaming content, advertisements, products, or services to which you have gained access. You are solely responsible for the content of your messages and any consequences arising from such messages.
- We retain all rights, claims, and interests in and to the Gateway, including all modifications, corrections, bug fixes, improvements, updates, and other changes thereto, and all intellectual property rights therein. Nothing in these Terms grants you any ownership right or interest in the Services or the Gateway, including but not limited to the applications, or any intellectual property rights therein.
C2 – Intellectual Property Rights
- Unless otherwise stated, all rights pertaining to our Gateway (technology, content, trademarks, look & feel, etc.) are owned by Cargors (or its licensors). By using our Gateway, you agree to do so solely for the intended purpose and to respect the Terms.
- It is not permitted to monitor, copy, scrape/crawl, download, reproduce, or otherwise use anything on our Gateway for any commercial purpose without our written permission or that of its licensors.
- We closely monitor every visit to our Gateway, and we reserve the right to block anyone (including any automated system) whom we suspect of:
- a. conducting an unreasonable amount of searches;
- b. using a device or software to gather prices or other information;
- c. doing anything that places unnecessary stress on our Gateway.
C3 – Measures against Unacceptable Behavior
- We reserve the right to prevent you from making Bookings, cancel any Bookings already made by you, and/or prevent you from using our Gateway and/or your Account. Naturally, we will only do so if, in our opinion, there is a valid reason, such as:
- a. Fraud or abuse;
- b. Non-compliance with the Terms or applicable laws or regulations;
- c. Inappropriate or unlawful behavior (e.g., violence, threats, or privacy infringement) towards us, the companies we work with, or anyone else, for that matter.
- If we cancel a Booking as a result, you are not entitled to a refund. We may provide you with an explanation for why we canceled your Booking unless doing so would (a) violate applicable laws and/or (b) impede or prevent the detection or prevention of fraud or other illegal activities. If you believe that we have incorrectly canceled your Booking, please contact us.
C4 – Your Content
- For the purposes of these Terms, (“Content“) refers to all information, data, text, messages, or other materials that you display, submit, or transmit through the Gateway. With respect to your Content, if applicable, you grant us an unrestricted, worldwide, non-exclusive, royalty-free, and irrevocable license to use, reproduce, electronically distribute, publish, transmit, display, store, archive, modify, and combine (in anonymous form) such Content.
C5 – Communication
By using the Gateway, you agree to receive communication from us or one of our service providers, including phone calls, emails, SMS messages, and push notifications, which may be generated by an automated system. This communication includes but is not limited to, informational messages related to the Services, requests for consent, updates and additional features for the Services and/or the Gateway, and advertising messages.
C6 – Indemnification
You shall indemnify us, our officers, directors, employees, agents, successors, and assigns from and against all third-party claims, lawsuits, actions, damages, settlements, losses, liabilities, costs (including but not limited to reasonable attorney’s fees), and expenses arising out of or related to (i) the use of the Services and the Gateway, or any accompanying materials, including but not limited to acts or omissions by you based on information in the Services or on the Gateway.
C7 – Legal Basis
Dutch law applies to our relationship and also to the Agreement between the Shipper and Carrier. In the event of a dispute between the aforementioned Parties (among themselves), the Rotterdam District Court shall have jurisdiction. In the event of a dispute between you and us, the aforementioned court shall also have jurisdiction.
C8 – Changes to the Terms
We reserve the right to modify, adjust, or update the Terms without prior notice. If you continue to use and access the Gateway after such a modification, it signifies your acceptance of the modified terms.
D1 – Miscellaneous
The Terms, including any legal notices and disclaimers regarding the Gateway, constitute the entire agreement between you and us. Our agreement does not create or imply any partnership, agency, joint venture, or formal business entity of any kind. Our failure to enforce any right or provision of the Terms does not constitute a waiver of such right or remedy. If any provision of the Terms is found to be invalid or unenforceable, it will be replaced or removed to the extent necessary to reflect the replaced or removed provision’s intent, and the remaining provisions of the Terms will remain in full force and effect.
D2 – Location Services
When you use the location services, we request your permission to locate and obtain your geographic location based on your mobile phone’s geographic location by obtaining your approximate 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 Carriers and Shippers, and continue to deliver Services.
D3 – How to Opt-In?
You can opt-in for the location services as follows: Upon downloading the mobile application, you will be prompted to authorize and enable the location services so that we can track the location of your mobile device.
D4 – How to Opt-Out?
To stop the location services, you can disable them in the settings of your mobile device or delete the mobile application. The location services will remain enabled until you disable them.
D5 – Data Protection
Your privacy is important to us. We take appropriate measures to protect your privacy, including the use of secure HTTPS communication with SSL encryption to obtain your location data. However, we cannot guarantee that any particular wireless transmission or computer system is 100% secure against external attacks.
D6 – Sharing and Storing Your Location
E1 – Payment
- The payment process for Carriers and Shippers is primarily handled by Stripe and is governed by the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this agreement or by continuing to operate as a Carrier or Shipper on Cargors, you agree to be bound by the Stripe Services Agreement, which may be amended by Stripe at any time. As a condition for processing payments through Stripe, you agree to provide us with accurate and complete information about yourself and your company, and you authorize us to share such information and transaction data relating to your use of the payment processing services via Stripe with us. Alternatively, the Parties may choose to make payments via an IBAN bank transfer.
- After the Carrier has uploaded the signed bill of lading, the Carrier is required to create the invoice, including additional charges, within our Gateway, which we will send to the Shipper. We will handle the collection of the invoice from the Shipper, including a markup (“fee” as referred to in Article 7:426 of the Dutch Civil Code) of up to 9%. From the invoice creation date, the Shipper has a (strict) payment term of 21 days.
- Upon creating the invoice (for the Shipper) as referred to in paragraph 2, the Carrier shall send their own invoice to us. We have a payment term of 45 days towards Carriers, starting from the date of receipt of the invoice. The Carrier is not entitled to payment if the Carrier does not upload a bill of lading signed by a recipient.
- In the event of non-timely payment by the Shipper, the Shipper shall be obligated to pay statutory (commercial) interest from the date of maturity until the day of full payment. We are entitled to charge extrajudicial and judicial collection costs. The extrajudicial collection costs are due from the moment the Shipper is in default and amount to 15% of the claim, with a minimum of €150.
- Additionally, we have the right to suspend the Shipper’s Account without prior notice, 10 days after the occurrence of default. This means that the Shipper will not have access to the Gateway.
— end —
Last updated: 22 May 2023