These Terms & Conditions govern the website, www.transporteca.com owned and operated by Transporteca Limited, registered in Hong Kong 18 June 2012 with company registration number 1761706 (“Transporteca”).
By using the website, you agree for yourself and for your company to fully comply with and be bound by these Terms & Conditions each time you use the website. Thus, please review the following Terms & Conditions carefully, before you start using the website, and if you cannot agree to these Terms & Conditions, please leave the website and do not use the Services (defined below).
The terms “us ” or “we” or “our” refers to Transporteca, the owner of the website.
A “Visitor” is someone that merely browses the website.
A “User” is a person who has registered with the website to use the Service.
A “Forwarder” is a business that has agreed with Transporteca to provide logistics and transportation services to the Users.
All text, information, graphics, audio, video, and data offered through the website, whether free to all or part of the paid Service, are collectively known as “Content”. We may refer to Content provided by the Forwarders as “Forwarder Content”.
Transporteca provides a service through which Visitors and Users can review, book and pay for freight forwarding services offered by Forwarders (“Service”). The Terms & Conditions governs your legal rights and duties when using the website, Content, and Service.
These Terms & Conditions constitute together with your booking confirmation and the invoice the agreement, which you are bound by. These Terms & Conditions regulate your relation to Transporteca, and supersedes all other agreements, representations, warranties and understandings with respect to the website, Content, Service, and the subject matter contained herein.
You will also be bound by Forwarders’ standard terms and conditions, when using the Service. There will be a link to such terms and conditions, before you place your order. Please, read also these terms and conditions carefully, since they govern the actual transportation services and your relation to the Forwarder, which you have chosen.
Transporteca may from time to time change these Terms & Conditions without specific notice to you. The latest version is always posted on the website. When using a Service, you are bound by the at that time current Terms & Conditions.
Your Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the website, Content, and Service.
Transporteca’s Relationship to You
Transporteca’s relationship to you is at all times that of an independent contractor. These Terms & Conditions or your use of the Services do not in any way creates any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Transporteca.
Eligibility and Registration for Users
You may view some of the Content without becoming a User of the website. However, to use the Service, you must register with the website and become a User. Your account is not transferable or assignable. Users must be 18 years of age or older, and represent a company as registered in your account with an eligible company registration number. Transporteca does not offer the Service to private individuals. Any registration by anyone under such age or not representing a company, enterprise or organisation, is void and in violation of these Terms & Conditions. By using the Service, you represent and warrant that you are at least 18 or older and represent a company, enterprise or organisation. Transporteca has the sole right and discretion to determine whether to accept a User, and may reject a User’s registration, with or without explanation.
The information, which you submit in the registration process and the information update in your account, shall always be complete and accurate. It’s your responsibility to keep this information accurate.
When you complete the registration process, you will be able to set a password that will allow you to access the Service. You agree to keep this password confidential and you are responsible and liable for any loss or damages resulting from any third party’s unauthorized use of your password. Transporteca is not liable for any loss or damages arising from any third party’s unauthorized use of your password – irrespective the reason.
Termination of Your Account
You understand and agree that if you do not login to the website at least every 180 days, Transporteca reserves the right to automatically terminate your account without notice. Also, if you violate these Terms & Conditions, we reserve the right to terminate your account without notice. You may also terminate your account for convenience, when all ordered services are finalised. You understand that if your account is terminated, you will lose access to all of the User Content and that we are not required to provide you with copies of such User Content nor continue to maintain copies of such User Content on the website.
You understand that as a User you are responsible for providing accurate and correct booking information, including but not limited to service requirements, origin and destination locations, timing, cargo details, such as weight, measure, quantity and description, and contact details for shipper, consignee, pick-up and delivery locations. Repetitive failures in respect of providing accurate and correct booking information will result in your account being terminated. You are solely responsible for placing accurate descriptions of your shipping needs. Your failure to do so may result in Forwarders having to charge you for any additional services and freight or for making changes to your, delaying shipments, or even cancelling their services to you.
Bookings on Hold
You agree that any bookings you put on hold are subject to changes in schedules, prices and any other part of the Service, which you have selected for the booking. Forwarders have the right to change, update or remove services at any time, which will also impact bookings on hold. The Terms & Conditions applicable at the time you actual place the order, will govern the order – irrespective of whether other Terms & Conditions were applicable, when you put the booking on hold.
You represent and warrant that when you make a payment to Transporteca as part of the Service that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honoured by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonoured, you will still pay the charges incurred, including any surcharge we may incur due to such dishonoured payment.
Cancellation or Amendment of Bookings
Should you for any reason need to cancel or amend a booking you have made with a Forwarder on the website, it is a matter solely between you and the Forwarder and you agree not to involve Transporteca in any way in such cancellation or amendment. You understand that Transporteca has completed the Service when the booking has been placed and payment transferred to the Forwarder, and that Transporteca cannot assist you in relation to cancelled or amended bookings.
While we actively support fighting payment fraud, Transporteca has a zero-tolerance policy regarding payment charge-backs and ask that you contact us if you have an issue with the Service. However, if you start a charge-back process regarding the Service, Transporteca reserves the right to terminate your account with immediate effect, and you will be liable to us for administrative costs in processing the charge-back.
We do not offer refunds for the Service. If for any reason you feel entitled to a full or partial refund regarding the transportation services, it is solely a matter between you and the Forwarder with which you have placed your booking. We recommend that you read the individual Forwarder’s Refund Policy as posted on their websites before placing any bookings.
It is your responsibility to ensure that cargo is ready for collection/consolidation/transportation before it is handed over the Forwarder. For specific requirements on cargo readiness, it is recommended that you contact the Forwarder or review the Forwarder’s requirements as stipulated in their respective website. Transporteca assumes no responsibility for additional delay or loss as a result of your failure to comply with the Forwarder’s requirements for Cargo Readiness.
Cargo Types & Customs Clearance
Cargo booked on Transporteca must be standard dry cargo. The rates available online are not valid for dangerous cargo, temperature controlled cargo, personal effect or similar. Contact Transporteca for a quote if your cargo belongs to one of these categories. When booking transportation on Transporteca, for shipments where customs clearance is required, the customs clearance is default included in the price, up to two tarif positions. Additional positions we be charged at cost to the customer.
You understand that as a User you are able to place Reviews and Feedback of Forwarders service performance on the website. Such Reviews and Feedback must be in professional and sober and not contain any foul language. Transporteca reserve the right to at any time, without offering reason, to delete reviews or feedback not found appropriate for the website.
All reviews, comments, feedback or information submitted, as part of the Forwarder Review shall be considered non-confidential and Transporteca’s property. By submitting such reviews, comments, feedback or information you agree to a no-charge assignment to Transporteca of worldwide rights to use, copy, modify, display and distribute the submissions. Transporteca may use such comments, information or materials in any way we choose in an unrestricted basis.
Our Intellectual Property
The website contains our marks and trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of the website, Content, or Service does not constitute any right or license for you to use these marks or trademarks, without the prior written permission of Transporteca.
The Content, as found within the website and Service, is protected under European copyright legislation. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of the website, or Service does not grant you any ownership rights to the Content.
Professional Advice Disclaimer
You hereby acknowledge that nothing contained in the website, Content, or Service shall constitute professional advice. Transporteca makes no guarantees with regard to the services provided by Forwarders or to the accuracy of Content as placed by Forwarders. You agree that your use of the website, Content, or Service is solely your responsibility and that Transporteca and our Forwarders have no liability for your actions or reliance upon the website, Content, or Service.
The Content on the website, such as but not limited to Services and Prices, may be changed without notice. We undertake no obligation to update any Content on the website. Forwarders are responsible for their own Forwarder Content, where applicable, and may update their Forwarder Content at any time without notice and at their sole discretion.
Errors, Corrections and Changes
We do not represent or otherwise warrant that the website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We may make changes to the website, Content, or Service at any time.
The website or a Service may be temporarily unavailable from time to time for maintenance or other reasons. Transporteca is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using the website or Service, including without limitation any software provided through the website or Service.
Linking to the website
You may provide links to the website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of the website, (b) your website does not engage in illegal or immoral activities, and (c) you discontinue providing links to the website immediately upon request by us.
Links to Other Websites
The website may, from time to time, contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. Inclusion of links for any website on the website does not mean that we endorse, guarantee, warrant, or recommend the Service, information, content and/or data of such third party websites.
As a User, you agree not to: (i) use any device, software or technique to interfere with or attempt to interfere with the proper working of the website; (ii) post or transmit any unlawful, fraudulent, harassing, libelous, or obscene information of any kind to the website; (iii) post or send any information that contains a virus, bug, or other harmful item to the website; (iv) post or transmit any information in violation of another party’s contractual rights or copyright or other intellectual property rights into the website; (v) take any action which imposes an unreasonable or disproportionately large load on the website infrastructure; (vi) use any device or technology to provide repeated automated attempts to access any portion of the website; (vii) use the website in any manner that could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website; (viii) attempt to gain unauthorized access to any Service offered on the website, including, but not limited to, access through other accounts not legally registered to Users, through any means; (ix) pass login details or passwords to any third party without written consent from Transporteca; and (x) use any robot, spider or other automatic device, process or means to access the website, or use any manual process to monitor or copy content from the website for any other unauthorized purpose without Transporteca’s prior express written permission.
Users may not obtain or attempt to obtain any information through any means not intentionally provided to Users by Transporteca. In addition, Users agree not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, de-compile, or dissemble any aspect of the website (including any prices or service descriptions).
You acknowledge that Transporteca has the right, but no obligation, to monitor the website and to disclose any information necessary to operate the website, to protect Transporteca, Users and Forwarders, and to comply with legal obligations or governmental requests.
Limitation of Liability
Transporteca shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) services provided by Forwarders; (b) any errors in or omissions from the website, Content, or Service; (c) the unavailability or interruption of the website or Service; (d) your use of the website, Content, or Service; or (e) any delay or failure in performance of the website and Service.
In no event will Transporteca or its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the website, Content, or Service, even if Transporteca is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Transporteca’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you for the purchase giving rise to the liability.
You understand that Transporteca do not make any warranties, guarantees, or recommendations with regards to any Forwarder. Your choice of a Forwarder is your sole choice and responsibility and at all times you will look to the Forwarder for any complaints, remedies, and legal actions with regards to your booking or shipment. In any event, Transporteca has no liability for the default of the Forwarder, including, but not limited to any shipping transactions and related delays or loss.
You agree to indemnify, defend and hold Transporteca and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms & Conditions or use of the website, Content, or Service.
We reserve the right to investigate complaints or reported violations of these Terms & Conditions and to take any action we deem appropriate, including but not limited to cancelling your account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Any legal controversy or legal claim arising out of or relating to these Terms & Conditions and/or the Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and the Service, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the International Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in London, United Kingdom, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Each party shall bear one-half of the arbitration fees and costs.
These Terms & Conditions shall be treated as though it were executed and performed in London, United Kingdom, and shall be governed by and construed in accordance with the laws of England, without regard to conflict of law principles. Any cause of action by you with respect to the website, or Service, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of these Terms & Conditions be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with these Terms & Conditions, these Terms & Conditions shall take precedence. Our failure to enforce any provision of these Terms & Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.