These Terms of Use (the “Terms of Use”) govern your use of DuCargo's websites (including ducargo.com and www.ducargo.com), mobile sites, microsites or mobile applications, and all related features, pages and sub-domains (collectively, the “Site”). Throughout these Terms of Use, “DuCargo” or “we” refers to DuCargo B.V. and its affiliates. These Terms of Use do not apply to the purchase, access or use of any of DuCargo's products or services, which are subject to the applicable DuCargo subscription agreement.
By accessing or using the Site, you agree to these Terms of Use. If you are using the Site on behalf of your employer, you represent that you are authorized to agree to these Terms of Use on your employer’s behalf. If you do not agree to these Terms of Use, do not use the Site. These Terms of Use may change over time. Whenever you visit this Site, you agree to the version of The Terms of Use then posted.
Additional terms and conditions on the Site may apply to specific portions or features of the Site. Such terms and conditions supplement these Terms of Use and, along with our Privacy Statement (referenced below), are considered a part of these Terms of Use. To be clear, the Site may contain separate agreements that govern your use of certain portions or features of the Site. These separate agreements apply to their subject matter, but they do not change your obligations with respect to the Site in general.
The Site may contain information, software, documentation, data, services, logos, trademarks, trade dress, artwork, text, video, audio, video, pictures, content and other materials (collectively, “Materials”).
You may download Materials that provide information on DuCargo products and services (such as white papers, press releases, datasheets, and product documentation) and that are made available by DuCargo for download from the Site. DuCargo retains all rights and title to such Materials, but grants you the limited right to use such Materials for your personal, non-commercial and informational purposes; provided that you do not (a) distribute any such Materials on any networked computer or broadcast such Materials in any media, (b) remove any proprietary notice language from such Materials, (c) make any modification to such Materials, or (d) make any representation or warranty relating to such Materials. Except as expressly provided above, or as specifically permitted elsewhere on the Site, you may not use, reproduce, republish, post, transmit or distribute any Materials.
DuCargo and/or its licensors or suppliers own the Materials, as well as the design, structure, selection, coordination, expression and arrangement of such Materials on the Site, and all intellectual property rights therein and thereto. The DuCargo logos, trademarks, service marks or other business names are the trademarks or registered trademarks of DuCargo B.V. or its affiliates in the EU and other jurisdictions (“Trademarks”). All other company and product names may be trademarks or registered trademarks of their respective companies.
The Materials and the Trademarks are protected by law, including copyright, trademark and other intellectual property laws, as well as unfair competition laws and international treaties. Other than the limited rights granted in these Terms of Use, nothing on the Site shall be construed as conferring to you any license in any intellectual property rights, whether by implication, estoppel or otherwise.
With respect to your use of the Site you may not, and agree not to:
Access to the Site may be monitored by DuCargo, including to verify your compliance with these Terms of Use.
If you are required to complete a registration process to enter a portion of the Site, you will provide us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password to any account that you create and are responsible for any and all activities that occur under your account. You agree to notify DuCargo immediately of any unauthorized use of your account or any other breach of security. DuCargo will not be liable for any loss that may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for losses incurred by DuCargo or another party due to someone else using your account or password. You may not use anyone else’s account at any time.
Links to third party websites on the Site are provided as a convenience to you. Such third party websites are not owned or operated by DuCargo, and DuCargo does not assume any responsibility or liability for any communications or materials available through such third party websites. DuCargo does not intend links on the Site to be referrals or endorsements of the third party entities or their products.
DuCargo is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current privacy statement at https://ducargo.com/privacy.html (“Privacy Statement”). By using the Site, you agree to our Privacy Statement. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Minors are not eligible to use the Site. We ask that minors do not submit any personal information to DuCargo. By using the Site, you represent that you are at least 18 years old.
Materials derived or obtained from the Site may be subject to the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall (a) obtain any export, re-export, or import authorizations required by your local laws, and (b) not use Materials from the Site to design, develop or produce missile, chemical/biological, or nuclear weaponry. By choosing to access the Site from any location other than The Netherlands, you accept full responsibility for compliance with all applicable local laws.
If you have any questions regarding these Terms of Use or the website, please contact DuCargo at webmaster@ducargo.com. Notices about copyright infringement must be submitted in accordance with Section 11 (Electronic Commerce Directive (EU) Policy).
THE SITE, MATERIALS, OR INFORMATION DERIVED FROM THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DuCargo does not warrant that (a) the Site or Materials will meet your requirements, (b) the Site or any portion thereof will be uninterrupted, timely, secure, or error-free or that DuCargo will fix any errors, or (c) that Materials will be accurate, up-to-date or complete. Use of the Site or any Materials is at your own discretion and risk, and DuCargo is not responsible for any decisions you make based on such use. DuCargo is not responsible for any damage caused to your computer or data, or from any bugs, viruses, Trojan horses or other destructive or harmful code resulting from use of the Site or Materials.
DuCargo may make changes to the Materials or the Site, or to any products, services or prices described therein, at any time, with or without notice to you.
The disclaimers above apply to the fullest extent permitted by applicable law. Some countries and states do not allow exclusion of implied warranties, so some of the above disclaimers may not apply to you. You may also have other legal rights, which vary from country to country and from state to state.
IN NO EVENT WILL DUCARGO, ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR THOSE DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE OR MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, OR WHETHER OR NOT DUCARGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF, AND DUCARGO SHALL NOT BE RESPONSIBLE FOR COST OF ANY PROCUREMENT OF SUBSTITUTE GOODS.
The limitations and exclusions above apply to the fullest extent permitted by applicable law. Some countries or states do not allow the limitation of consequential, incidental, or other types of damages, and some of the above limitations may not apply to you. To the extent any jurisdiction does not permit the above disclaimers of direct damages, you hereby agree that the cumulative liability of DuCargo (and its suppliers, licensors, directors, investors, employees, agents and contractors) under these Terms of Use will be limited to one hundred dollars ($100).
If you believe something on the Site violates your copyright, please provide notice to our copyright contact (details below). Your notice must include the following information:
Contact Details for Notification of Claimed Copyright Infringement:
Address: DuCargo B.V.
Postbus 1053
1810KB Alkmaar
E-Mail: legal@ducargo.com
Phone: +31 (0)85 4011199
You agree that DuCargo may, in its sole discretion and at any time, terminate your access to all or any part of the Site or delete your accounts or any materials you have stored on the Site, including, without limitation, if you violate these Terms of Use or any applicable law. In particular, if we find out that you have used the Site to infringe any copyrights or other third party proprietary rights, we may remove any of your materials from the Site or, if we determine that you are a repeat infringer, we may terminate all access you have to the Site. We consider a repeat infringer to be someone who has been notified of infringing activity more than twice or had their materials removed from the Site more than twice. To be clear, if DuCargo, in its sole discretion, takes any of the actions described in this paragraph: (a) DuCargo may, but has no obligation to, provide you notice, (b) you will not receive any refund for fees you may have paid through the Site, and (c) DuCargo will have no liability to you as a result of such action.
Without limiting the terms of our Privacy Statement, DuCargo may preserve or disclose any information that we have about you (including without limitation your identity and any communications you make through the Site) if DuCargo determines that such preservation or disclosure is reasonably necessary to (i) comply with applicable law, regulation, legal process, or governmental request (including without limitation for fraud protection purposes); (ii) enforce these Terms of Use; (iii) investigate or respond to claims that any such data violates the rights of others; or (iv) protect the rights, property or personal safety of DuCargo, its employees, users of or visitors to the Site, or the public.
You agree to defend, indemnify and hold harmless DuCargo and its respective officers, directors, principals, employees, contractors, and agents harmless from and against any and all demands, claims, damages, losses, costs and expenses, including, without limitation, reasonable attorneys’ fees and costs of suit, arising or resulting from your use or misuse of the Site or Materials or breach of these Terms of Use.
The following terms apply to your access to and usage of DuCargo portals, blogs, communities, forums, or any other feature of the Site permitting the posting of materials (“Forums”) in addition to these Terms of Use. You or a third party (“Users”) may post, submit, upload, link to or display (referred to as “posting”) materials on a Forum. DuCargo does not claim ownership of the materials you or other Users post. By posting any material to a Forum or otherwise through the Site, you grant DuCargo (and our licensors, suppliers, licensees and all other Users) a worldwide, perpetual, irrevocable, non-exclusive right and license, with the right to sublicense (through multiple tiers), for no compensation, and in any manner, form or medium, to (a) use, copy, distribute, transmit, perform, edit, translate, link to, frame, reformat, publish, transcode, display, modify and otherwise create derivative works of your materials, (b) display advertising on or in close association with your materials, and (c) publish your name in connection with your materials. If you do not agree to the foregoing license you should not post any materials on a Forum. For all material you post on a Forum, you represent and warrant that you have all rights necessary for you to grant the permissions in this Section 14.
In addition, you shall not post any material on or through a Forum, or otherwise engage in any conduct in connection with any Forum, that:
You agree that DuCargo is not liable for any material that is posted by any User of a Forum, whether you find it harmful, inaccurate, offensive or otherwise. We have no duty to pre-screen content, but we have the right to refuse to display, delete or edit submitted material. We reserve the right to remove any material for any reason, but we are not responsible for any failure or delay in removing such material. We do not promise to store or make available on the Site any materials that you or any other User posts for any length of time. You are solely responsible for keeping back-ups of everything that you post on the Site.
If you provide any feedback, recommendations for improvements or features of the Site or any DuCargo products or services, implementation of that feedback or recommendation is owned by DuCargo and may become part of our Site, products and services without compensation to you.
Additional terms of service in the "Nederland ICT Terms & Conditions" apply. Available for download here: Nederland ICT Terms & Conditions. Where terms deviate, the text on our website applies.
The Terms of Use constitute the entire agreement between you and DuCargo relating to your use of and access to the Materials and the Site, and cancel and supersede any prior versions of the Terms of Use. DuCargo may from time to time modify these Terms of Use as described in the introduction language at the beginning of this document. No modification of these Terms of Use by you will be binding, unless in writing and signed by an authorized DuCargo representative.
Upon termination or expiration of the Terms of Use, your right to access the Site or Materials ceases, but all other provisions of these Terms of Use will survive. Any express waiver or failure to exercise promptly any right under the Terms of Use will not create a continuing waiver or any expectation of non-enforcement. You may not assign or transfer any of your rights or obligations under these Terms of Use; DuCargo may freely assign and transfer these Terms of Use. If any provision of the Terms of Use is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms of Use will remain in full force and effect.
ANY LAWSUIT BROUGHT BY YOU UNDER THESE TERMS OF USE MUST BE FILED WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO THE LAWSUIT. OTHERWISE, YOU AGREE ANY ACTION ARISING UNDER THESE TERMS OF USE WILL BE PERMANENTLY BARRED.
People who visit our website do so of their own free will and are expected to be acquainted with local laws and regulations. These Terms and Conditions of Use are governed by Dutch law. By using this website, you agree to submit to the exclusive jurisdiction of the Court located in Amsterdam, The Netherlands, for all disputes and issues regarding your use of this website and your compliance with these Terms and Conditions of Use. You will refrain from any objection to this jurisdiction or this court of law.
If the laws of the country in which you are located require that contracts be in the local language in order to be enforceable, the version of these Terms of Use that shall govern is the translated version of these Terms of Use in the local language that is produced by DuCargo within a reasonable time following your written request to DuCargo.
Revised: 7 December 2017