Terms and conditions
The CARGOPAS Website, Web-Application & Mobile Application(‘the app or site”), is owned and operated by STRATOSFIRM, (hereinafter referred to as CARGOPAS), carrying on its business activities in Maryland, United States and through its subsidiary in Lagos, Nigeria. These Terms of Use govern your use of this CARGOPAS Application.
YOUR ACCEPTANCE OF THESE TERMS OF USE
These Terms of Use hereinafter referred to as “TOU” constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you, user or customer”) and STRATOSFIRM (“CARGOPAS , we,” “us” or “our”), concerning your access to and use of the Application (IOS and ANDROID inclusive) and www.cargopas.com, and any other media form, media channel, related, linked, or otherwise connected thereto (collectively, the “Site, “App” or CARGOPAS APP”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these TOU Use. IF YOU DO NOT AGREE WITH ALL OF THESE TOU, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
BY SIGNING UP TO USE THE APP OR SERVICE, YOU ACKNOWLEDGE AND AGREE THAT THE FORMS WE SEND YOU ARE PROPER NOTIFICATION OF SUCH REPORTS AND THAT YOUR NAME AND DATE OF SENT REPORT WILL BE RECORDED ON OUR DATABASE WHICH WILL SUFFICE AS A SIGNATURE FOR SUCH REPORTS.
Supplemental TOU or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these TOU at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these TOU and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these TOU to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised TOU by your continued use of the Site after the date such revised Terms are posted.
YOUR ACCEPTANCE OF OUR PRIVACY POLICY
By agreeing to these TOU, you agree to the terms of our Privacy Policy which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.
YOUR CONSENT TO OTHER AGREEMENTS
When you intend to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these TOU, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”
ABOUT CARGOPAS AND USE OF APPLICATION
At CARGOPAS, we remain your trusted marketplace of seamless, secured E-Logistics. We focus on streamlining the logistics process through our innovative mobile application, designed to connect users & service providers via a solution based platform.
Our Services
At CARGOPAS, we offer a comprehensive range of services tailored to meet the diverse needs of our users:
E-Logistics Mobile Application: Our user-friendly mobile app enables seamless coordination between service buyers and providers. Whether you are a business needing reliable cargo transport or a logistics company looking to connect with new clients, CARGOPAS is your go-to solution.
Secure Payments: Transactions are processed securely through our mobile app using paystack/stripe APIs, ensuring that your payments are swift and protected.
Data Analytics: Users can analyze vital information such as earnings, location, job history and status. Our app provides insightful analytics to help you make informed decisions and optimize your logistics operations.
Comprehensive Registration: All users must register on our platform, whether as service buyers or as drivers and cargo companies. This ensures a secure and verified network of users, fostering trust and reliability in every transaction.
How it’s works?
Our user-friendly mobile app make it a breeze for you to discover, and manage your cargo transport or logistics whenever and wherever you desire. At CARGOPAS, we prioritize transparency, quality, and trust. Therefore, all service providers listed on the platform go through adequate verification check for us to ensure that the users experience is a priority.
You can register on the app either as a Service Provider or as a Service buyer. As a Service Provider, you can grow your client list and engage with your community by becoming a certified CARGOPAS provider. The app is designed to connect customers with service providers to facilitate e-logistics cargo transactions.
The CARGOPAS platform is a web- and app-based two-sided marketplace which enables connections between Buyers and Service Providers. “Buyers” are persons seeking logistics, transport and cargo services (“Services”) from Service Providers listed on the platform. Customers and Service Providers together are hereinafter referred to as “Users.” If you agree on the terms of a Services with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more details set forth in paragraph 7.1. Please be advised that our liability is limited in our capacity as an intermediary between you and our vendors. Our role primarily involves providing a platform for communication, listings, and the delivery of logistics and transport services. It is important to understand that we do not assume liability for any issues that may arise during this process. We recommend reviewing our detailed terms and conditions for a comprehensive understanding of our responsibilities and limitations in facilitating these transactions
Getting Started
Create an Account: Sign up for an account to get started. You can sign up using your email address or social media profiles.
Profile Setup: Complete your profile by adding a verifiable name, contact and profile picture. This helps build trust with other users.
Browsing E-logistics and Service needs
Discover Freight Service Providers
Evaluate load specs, compare rates and find the appropriate services to fit your need. Communicate and negotiate job terms. Request additional requirements including pickup & delivery times, location and drop off confirmation(Point of Contact).
Search: Use our search feature to find the services within your geographical location.
Booking a service
Select a provider: Click on a freight service listing to view details.
In Message: Use our in-message feature to facilitate communications between you and the service provider
Accept job terms : When terms are agreed between users complete a transaction on the platform by booking a job.
Paying for Transactions: Use our payment platform to facilitate seamless on the go payment for services on the platform.
APPLICABILITY
“These general terms and conditions (the “Conditions”) apply to:
(a) The use of any information, pictures, documents and/or other services displayed by CARGOPAS via (our “Website, Mobile Application”);
(b) The downloading and Installation of the CARGOPAS Mobile Application (IOS or ANDROID) on your smartphone.
ACCOUNT.
To use and enjoy the services we provide, we require you to register an account with us. You would be required to download the CARGOPAS Mobile Application on your device (IOS, ANDROID). You can also access an promotional and training materials on our website at – www.cargopas.com. You have the option to register for our newsletter. In order to maintain the safety and integrity of our platform, we conduct a verification process that includes obtaining legal documents such as driver’s licenses, vehicle registration, insurance details, company registration and other KYC supporting documentation from Account users.
Your Account is for your individual personal use only, and you may not authorize others to use your Account for any purpose. In creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to contact our customer service department immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use. We reserve the right to create accounts for quality control and administrative purposes. Such accounts may be publicly viewable.
USE OF SERVICES/USER PROHIBITIONS
6.1 Subject to your compliance with these Terms, CARGOPAS grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.
6.2 You shall use the Services in accordance with these Terms and shall not:
Upload any Content (as defined below) that violates or infringes another party’s rights of publicity, Privacy, Copyright, trademark or any other intellectual property right.
Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the services.
Make any modification, adaptation, improvement, enhancement, translation or derivative work from the services.
Violate any applicable laws, rules or regulations in connection with your access or use of the Services.
Use the Services in violation of or to circumvent any sanctions or embargo.
Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of CARGOPAS or its affiliates, Partners, Suppliers or Licensors.
Use the Services for any purpose for which it is not designed or intended.
Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by CARGOPAS.
Use any proprietary information or interfaces of CARGOPAS or any other intellectual property of CARGOPAS in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.
Use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.
Use the Services to send automated, unsolicited or unauthorized messages, advertising or promotional material or any junk mail, spam or chain letters.
Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.
Collect any information in respect of other users without their consent.
Commit any act to avoid paying any applicable fees and/or charges.
Attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Services. Such act and activities include but are not limited to: creating fake or duplicate accounts; generating fake orders; buying and reselling your own inventory.
Authorize or encourage anyone to do any of the foregoing.
6.3 CARGOPAS reserves the right to claw back any cashbacks, prizes and/or amounts paid to you under any event, promotion, offers, campaign and any other activities and/or terminate or suspend your account, if you are subsequently found or suspected to be engaged in any activity or act that is in breach of these Terms, our guidelines, any additional terms and conditions and policies.
6.4 The intellectual property rights in all materials and content comprising the Service, including but not limited to images, written content and designs on each page of the CARGOPAS application and website, either belong to us or we have permission from the owner to use them to provide the Service. All such intellectual property is protected by worldwide intellectual property laws, including copyright and design laws. We give you permission to use the materials and content comprising the Service for the sole purpose of using the service in accordance with these terms of service.
6.5 Your right to use the Service is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Service does not stop us from giving other people the right to use the service.
6.5 Other than as allowed in these Terms of Service or by us in writing, you are not given the right to use the “CARGOPAS” name, or any of the “CARGOPAS” trademarks, logos, domain names and other distinctive brand features, all of which are intellectual property rights that belong to CARGOPAS
6.6 These Terms of Service do not grant you any rights to, or in, any such intellectual property rights or any other rights or licenses in respect of CARGOPAS’s materials and content, the Service, CARGOPAS name and/or trademarks, other than as set out in these Terms of Service.
MARKETPLACE AGREEMENT & PAYMENTS
7.1 Our Service connects you with FREIGHT SERVICE PROVIDERS in an easy and fun way. You acknowledge and agree that a legally binding contract with another User (the “Service Agreement”) is formed when you and that User agree on the terms of a SERVICE for any e-logistics or cargo transport services. The terms of the Service Agreement include the terms set forth in this Section, the engagement terms proposed and accepted on the CARGOPAS Platform, and any other contractual terms accepted by both FREIGHT SERVICE PROVIDERS and their CUSTOMER to the extent such terms do not conflict with the terms in this Agreement, including this Section, and do not expand CARGOPAS’s obligations or restrict CARGOPAS’s rights under this Agreement. CARGOPAS is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between CARGOPAS and the FREIGHT SERVICE PROVIDERS, nor will it create an employment relationship between the CUSTOMER and the CARGO SERVICE PROVIDERS.
7.2. You can order for the services of FREIGHT SERVICE PROVIDERS listed on the platform. When this is done, a sale transaction has been initiated.
7.3 Transactions may only take place via CARGOPAS’s third-party payment providers paystack/stripe – or any relevant credit or debit cards via paystack/stripe.
7.4. Where you use paystack to make or receive payment for a payment transaction, you are adhering to its TOU
7.5 To safeguard the interests of our users, you are not permitted to make direct arrangements with the customer and the service provider to use a payment method other than the payment methods offered via the Service. Please note that using other means of payments outside the platform for subscription of services in any other way is a breach of these terms of use, and can result in, among other things, suspension or termination of your access to the Service.
7.6 We want our service to be a positive experience for our users and we ask that you honor the commitments you make to another user in respect of the purchase of services.
7.7 Any agreement for and/or subscription for services is made solely between you and the service provider. The application may include functionality for suggesting more effective selling, such as discounting Sale Items, but Service providers have, at all times, total discretion to set prices.
OUR FEES AND COMMISSIONS
8.1. Service Commission: Service Providers including carriers, freight carriers, third-party logistics, transporters, cargo carrier agree to pay CARGOPAS a commission fee equal to 20% of the total transaction value for each service sale facilitated through CARGOPAS Mobile Application.
8.2. Service Tax : Users may be incur a service tax based the country of transaction and applicable laws. starting at a minimum of 0% per transaction. This fee may increase due to new regulatory and legal standards.
8.3. Future Fees: CARGOPAS reserves the right to introduce additional fees or modify existing fees in the future. Any such changes will be communicated to users through the Platform.
ADVERTISEMENTS ON THE SERVICE
9.1. We and ours selected business partners may provide advertising to you through the Service or by other methods such as email. This advertising may be based on your User Content or other information available through the Service. When delivering advertising we will only use information that identifies you as set out in our Privacy Policy. We may use advertising cookies to provide such advertising and you can read our cookie policy here.
CANCELLATION AND REFUNDS
If for some reason a buyer needs to cancel their order with a service provider, you are required to do so through the order page. The Buyer/customer shall message CARGOPAS and we will investigate before making a conclusion to refund the money back to the buyer as promptly as possible. Please note that a refund may only be successful if the service isn’t yet provided or the service delivery is poor.
CARGOPAS INTELLECTUAL PROPERTY
Content For purposes of these Terms, “content” is defined as any information, communications, published works, photos, videos, graphics, music, sounds, or other materials that can be viewed by users on our Site and is owned by CARGOPAS, our Affiliates or our licensors.
Ownership of Content All content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in these Terms or with CARGOPAS prior express written consent. Any use of the content other than as permitted by these Terms, or any other unauthorized use of the content may make you liable to CARGOPAS or its licensors for violation of intellectual property rights.
Trademarks or service marks of CARGOPAS include, but are not limited to, CARGOPAS ™ and the CARGOPAS logo. All custom graphics, icons, logos and service names are registered or common-law trademarks or service marks of CARGOPAS or our Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of CARGOPAS, our Affiliates or our licensors.
App & Site Use: CARGOPAS grants you a limited, revocable, nonexclusive license to use the content on the App or Site solely for your own personal purposes only and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may not use any content from the Mobile Application or Website which is not owned by you for commercial use. You agree not to copy the Website or content located on the App or Site; to reverse engineer or break into the Mobile Application or Website; or to use content, products or services in violation of any law. Any use of the Mobile Application or Website or the content contained therein other than as specifically authorized in the Agreement, without the prior written permission of CARGOPAS, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring to you, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. CARGOPAS reserves the right, without notice and in its sole discretion, to terminate your license to use the App or Site at any time and to block or prevent your future access to, and use of, the Mobile Application or Website.
No Warranty for Third-Party Infringement: Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of other users of the Site or of third parties.
SOFTWARE UPDATES
We may update the Software from time to time, at our sole discretion. The update may be in the form of adding new features, bug fixing and new versions of the Software. In order to provide you with the most current version of the Software, you agree that new updates and versions of the Software may download and install automatically as they are made available by us, in our sole discretion. You agree to receive and permit us to deliver such new updates and versions to you. These updates and new features may include additional terms that you will have to agree to.
MOBILE APPLICATION USE LICENSE
When you use a service through our Mobile Application, CARGOPAS grant you a revocable, non-transferable, non-exclusive, limited right to install and use it on wireless phones and devices that are in accordance with the terms and conditions of this license, used and controlled by you and shall not:
Decompile, disassemble, reverse-engineer, attempt to know the source code of the App, or decrypt it;
Make any modification, enhancement, adaptation, improvement, translation or derivative work from the App;
Obstruct any applicable laws, regulations, or rules regarding your use of the App;
Alter, remove, or obscure any of CARGOPAS proprietary notice, and the licensor of the App;
Make the App available over network or other environs that allow access or use by multiple devices or multiple users at the same time;
Use the App to create services, or software that is directly or indirectly competitive with or in any way a substitute for the App;
Use the App to send automated queries or unsolicited commercial emails to any platform; and
Make use of any proprietary information of CARGOPAS in the development, design, manufacture, distribution, or licensing of any application, devices, or accessories for use with the App.
TERMS REGARDING IOS AND ANDROID DEVICES
The following terms and conditions will apply when you access our Mobile Application either from the Apple Store or the Google Play Store. You acknowledge that these Terms is between you and CARGOPAS only and not with Apple Inc. or Google Inc. (both an “App Distributor”), and CARGOPAS (which is not a Mobile Application Distributor) is directly responsible for the Mobile Application and the Application Content thereof.
Scope of License: The license granted to you for the App is limited to a non-transferable permit to use the App on a device that uses the Apple iOS and/or Android operating system as applicable and in line with the usage rules set forth in the applicable Mobile Application Distributor terms and conditions agreement.
Maintenance and Support: CARGOPAS APP is solely responsible for providing any maintenance and support services with respect to the App as specified under these Terms and applicable laws. You hereby agree that no Mobile Application Distributor is responsible for any support and maintenance services in relation to the App.
Warranty: CARGOPAS is responsible for any service warranties, whether express or implied by law, to the extent not effectively disclaimed. In any event, where the App fails to conform to any applicable warranty, you may alert the relevant Mobile Application Distributor, and the Mobile Application Distributor, in accordance with its policies and terms, may refund the purchase price (if any) paid for the Mobile Application, and to the fullest extent permissible by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the App and any other claims, losses, liabilities, damages, expenses or costs attributable to any failure to obey any warranty will be CARGOPAS APP’s sole responsibility.
Service Claims: You hereby agree that CARGOPAS (not a Mobile Application Distributor) is liable for addressing any of your claims or those of a third party relating to the Mobile Application or your control and/or use thereof, including but not limited to; (a) service liability claims; (b) any claim that the Mobile Application fails to obey any applicable or legal requirement; and (iii) claims arising from consumer protection or similar legislation.
Intellectual Property Rights: You acknowledge that in the event of any third-party claim that the App or your use thereof infringes a third party’s intellectual property rights, the relevant Mobile Application Distributor will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) you do not reside in a country that is subject to a US government embargo, or that has been designated by the US government as a ‘terrorist supporting’ country; and (ii) you are not on any US government list of prohibited or restricted parties.
Third Party Terms and Conditions Agreement: You must comply with the third-party terms and conditions agreement applicable when using the Mobile Application. For example, if you have a VoIP application, you must not violate their wireless data service agreement when using the Mobile Application.
Third Party Beneficiary: Both you and CARGOPAS acknowledge that the Mobile Application Distributors and their subsidiaries are third party beneficiaries of these Terms and that upon your acceptance of the terms and conditions of these Terms, each Mobile Application Distributor will have the right to enforce these Terms against you as a third-party beneficiary thereof.
TERMINATION
Termination by you. You may terminate these Terms and the license granted to you hereunder at any time by uninstalling and removing the Software from your device, and by ceasing to use the Mobile Application.
Termination by us. Without prejudice to any other rights we may have, these Terms and the license granted to you hereunder automatically terminate without notice, if you fail to comply with or breach any provision of these Terms. In no event will we be liable for the suspension, removal of or disabling of your access to CARGOPAS or to any feature available therein. You acknowledge that upon expiration or termination of your license, the license key may automatically de-activate.
CARGOPAS may, at any time for any reason, without notice to you, cease offering you access to the Services or any portion thereof or deny you access to the Services or any portion thereof.
You agree to maintain all your login credentials to access or use the Services in confidence and only permit your authorized users to access or use the Services. You are responsible for all activity that occurs under your login credentials
EXCLUSION OF LIABILITY FOR EXTERNAL LINKS
The Website may provide links to external Internet sites. CARGOPAS hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. CARGOPAS shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.
YOUR REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that: (i) you will only use CARGOPAS as permitted under these Terms; (ii) you agree to comply with all applicable laws, rules and regulations, and industry best practices while using CARGOPAS; (iii) you will not use CARGOPAS for any fraudulent or inappropriate purpose; (iv) you shall not prevent others from using CARGOPAS.
DISCLAIMER OF WARRANTIES
CARGOPAS IS PROVIDED TO YOU “AS IS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT: (I) CARGOPAS APPWILL MEET YOUR REQUIREMENTS, WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF CARGOPAS APPWILL BE UNINTERRUPTED; OR (III) CARGOPAS APPIS OR WILL BE AVAILABLE WHERE YOU RESIDE OR IN ANY OTHER PARTICULAR LOCATION. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH CARGOPAS APPIS TO UNINSTALL AND CEASE USE OF ALL CARGOPAS APPPRODUCTS. Further and except as expressly provided herein, we are not obligated to maintain or support CARGOPAS, or to provide you with any updates, fix errors or any other features available therein. You acknowledge and agree that you are solely responsible for (and that we have no responsibility to you or to any third party) and assume all the responsibility and risk for your use of CARGOPAS and your breach of any of your representations and warranties herein contained, and for any loss or damage which we may suffer as a result of any such breach.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF ADDITIONAL SOFTWARE OR COMPUTER CONFIGURATIONS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES ARISING IN CONNECTION WITH ANY USE OF CARGOPAS APPOR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE INSTALLATION, UNINSTALLATION, USE OF OR INABILITY TO USE CARGOPAS APPUNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR TOTAL LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID IF ANY, BY YOU FOR THE USE OF CARGOPAS.
CARGOPAS DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES (INCLUDING INFORMATION ON THE SERVICES PROVIDED BY USERS OR BY SHIPPERS).
CARGOPAS IS NOT ACARRIER. NO INTERPRETATION OF WRITTEN OR ORAL REMARKS IN ANY AGREEMENT OR DOCUMENT SHALL BE CONSTRUED TO IMPLY CARGOPAS IS A CARRIER.
INDEMNITY
You agree to defend, indemnify and hold us, our parent corporation, officers, directors, employees and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your access to or use of CARGOPAS; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation, any intellectual property right, or privacy right.
GOVERNING LAW AND DISPUTES
This Agreement will be governed by, construed and enforced in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflicts of law principles or provisions. The High Courts divisions in Lagos State shall have jurisdiction to adjudicate disputes.
GENERAL
These Terms constitutes the entire understanding between the parties with respect to the matters referred to herein. The Section headings in these Terms are provided for convenience purpose only and have no legal or contractual significance. If any provision of these Terms is held to be unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. Our failure to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without our prior written consent. The controlling language of these Terms is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. Nothing in these Terms will be construed as creating a joint venture, partnership, employment or agency relationship between you and us, and you do not have any authority to create any obligation or make any representation on our behalf.
Contact Us.