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Cargoful General Conditions

1. Foreword

1.1 With these general terms of use ("General Conditions"), the company Cargoful S.r.l., with registered office in Via Giuseppe Saragat 4, 20834, Nova Milanese (MB), VAT number 11431100962 ("Company," "we," "our") governs the use of the website www.cargoful.tech (including all its subdomains) ("Site"), which is owned and operated by the Company, and the provision of the services offered through it ("Services"), as described below.

1.2 The General Conditions apply to all users who access the Site and interact with it by requesting the Services ("User/s") and regulate the permitted use of the Site and all Services offered by the Company to Users who access it, even for the first time.

1.3 Any reference to the "Site" in the General Conditions includes all current or future versions of the Site, its subdomains, as well as any current or future mobile applications through which the Site and Services are used.

1.4 By accessing the Site and requesting our Services, the User declares to be of legal age and confirms having fully read and accepted the General Conditions. For this reason, the User is invited to carefully read the General Conditions and other documents that may be referenced before using our Services.

1.5 If the User does not intend to accept the General Conditions, they will not be able to use the Site and the Services. The application of terms and conditions different from these General Conditions is excluded, even if proposed by the User or in the absence of refusal by the Company.

 

2. Services

2.1 The use of the Services is intended exclusively for professional use by the User who has accepted the General Conditions, as well as by the User's personnel who have been expressly authorized by the User to access the Site and use the Services.

2.2 It is therefore understood that:

  • The use of the Site and Services is reserved exclusively for the individual or legal entity User who acts in the course of their entrepreneurial, commercial, or professional activity (professional).

  • The use of the Site and Services is prohibited for individual Users who act for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity they may conduct (consumer).

  • The authorized personnel, granted access to the Site and use of the Services by the User, commit to respecting the General Conditions by accessing the Site and using the Services.

2.3 The Site can allow the User to:

  • Digitally manage transport orders and documentation related to their own activity;

  • Manage and optimize the planning and increase the utilization of their fleet;

  • Manage and control costs and revenues related to their own activity;

  • Track their fleet in real-time;

  • Connect directly to third-party service providers (e.g., "load boards") and obtain information about specific available loads.

2.4 Unless otherwise expressly provided, the term "User" in the General Conditions shall be understood to refer to any user who uses the Site and Services, whether registered or not, whether the User themselves or one authorized by them.

 

3. Registration

3.1 The Site is freely accessible.

3.2 The use of the Services requires prior registration on the Site, a definition of a specific contract, and the submission of some personal data of the User. In case prior registration is required, the User agrees to provide truthful, correct, updated, and complete information.

3.3 The credentials (username/password) used for registration on the Site:

  • Are personal and can only be used by the User.

  • Must be kept with extreme care and attention by the User.

  • Cannot be transferred to third parties and must be kept confidential.

3.4 The User also agrees to immediately inform the Company if they suspect or become aware of any misuse, fraudulent use, unauthorized use, and/or improper disclosure of credentials. In this case, the Company reserves the right to suspend access to the Services in order to conduct appropriate verifications and, for this purpose, reserves the right to request the User to provide any information and/or documents to verify their identity in the event of a subsequent request for reactivation of registration.

 

4. Personal Data

4.1 Browsing the Site, registration, and use of the Services involve the processing of the User's personal data by the Company.

4.2 The User's personal data will be processed in accordance with our Privacy and Cookie Policy, which describes the methods and purposes of collection and processing of personal data related to Users who browse, interact, register on the Site, and/or use the Services.

4.3 For any information or clarification regarding the processing of their personal data, the User may contact the Company through the following contact information: hello@cargoful.tech, phone: +39 351 790 1045.

4.4 By providing third-party personal data to the Company, including personal data of personnel authorized by the User to access the Site and use the Services, the User expressly declares and confirms that they have previously informed these third parties about the processing and disclosure of their personal data to the Company, obtained their prior consent for processing (if necessary), and, in any case, have acted in full compliance with applicable data protection and labor laws (if applicable).

 

5. Availability of Services

5.1 The Company may perform scheduled maintenance of the Services. In such situations, some or all Services may be temporarily not available. The Company will provide adequate notice to the User before such activities are carried out.

5.2 In case of unscheduled maintenance (e.g., technical failure or system error), the Company will do its best to restore the Services as soon as possible but may not be able to provide adequate notice to the User.

5.3 In any case, due to the nature of the Services provided online, the Company does not guarantee uninterrupted access to the Site or continuity of the Services. Therefore, the Company is not responsible for any consequences arising from the unavailability of the Services due to any technical, planned, or unplanned issues that are beyond its control.

 

6. Termination

6.1 The Company can terminate the General Conditions at any time if it finds or has reasonable suspicions, at its sole discretion, of a User's violation of the General Conditions.

6.2 The User can terminate the General Conditions at any time by deleting their registration. In case of termination, the Company will delete the User's account, subject to legal obligations.

 

7. Costs

7.1 Access to the Site is free, unless otherwise indicated and communicated by the Company.

7.2 The use of the Services is subject to payment by the User to the Company, as regulated in the specific contract (s) defined between the User and the Company.

7.3 The Company reserves the right to apply additional fees, particularly in the case of offering new Services and/or modifying existing ones, as well as due to changes in technical and/or legal constraints. Users will be duly informed through changes to the General Conditions and/or the inclusion of special usage conditions on the Site.

 

8. Exclusions and Limitations of Liability

8.1 By accepting the General Conditions, the User acknowledges and recognizes that the Company is not responsible for any delays, malfunctions, and/or interruptions of the functionality of the Services caused by:

  • Force majeure or unforeseeable circumstances.

  • Interruption of the supply of electrical energy and/or lack of connectivity.

  • Software errors and/or hardware failures, problems with databases, malfunctions, non-provision of pages and/or images, obsolescence of the operating system used by the User.

  • Malfunctions of the Site that are not attributable to willful misconduct and/or gross negligence of the Company and/or that are attributable to third-party actions, including the User and/or any suppliers and/or third parties used by the Company.

8.2 To the maximum extent permitted by law, the Company is not liable for damages that may result from the use of the Services, except in cases of willful misconduct and gross negligence and in other cases that cannot be excluded or limited under applicable law.

8.3 The Company operates with the utmost diligence to select and keep the contents of the Site up to date. In any case, within the limits allowed by applicable law, the Company disclaims any responsibility in the event that the information provided is incomplete or contains errors of any kind and does not offer any specific guarantee regarding the expected, hoped-for, or achieved results through the use of the Site. The Company also disclaims any liability for any damages that may result to Users and their property as a result of accessing the Site, the inability to access the Site, or the download of Site content, where permitted, including any damage to Users' computer equipment resulting from viruses.

8.4 Since the Site may provide links to other websites and/or other online resources, the User acknowledges that the Company cannot be held responsible for the content of third-party websites that may be reached through links from the Site, as the Company has no control over these sites.

 

9. User Obligations

9.1 By accepting the General Conditions, the User undertakes to use the Site in accordance with the General Conditions and applicable law and agrees not to:

  • Copy, reproduce, publish, transmit, distribute, perform, upload, publicly display, encode, translate, modify, or create derivative works, sell, license, or otherwise transfer the Site or any of its content, including, for example, through mirroring, framing, or linking to other computers, servers, or websites.

  • Use deep-linking techniques, page-scraping, robots, spiders, or other automatic programs or algorithms, or similar manual processes to access, retrieve, copy, or monitor any part of the Site or the Services, or to reproduce the Site's interface, or to evade any protection device to obtain or attempt to obtain materials, documents, or information by means not made available on the Site.

  • Modify, create derivative works of, or reproduce the source code, decompile, decode, disassemble, or otherwise attempt to discover such code, sell, sublicense, or otherwise transfer any rights related to the Site or the Services.

  • Perform activities that impose an unreasonable or disproportionate load on the infrastructure of the Site or any system or network connected to it.

  • Attempt to access, without authorization, parts or features of the Site, as well as systems or networks connected to it or any server, through hacking techniques, password interception, or any other illegal means.

  • Access or use the Site or the Services for purposes other than those related to the conduct of their professional activity, including for advertising purposes or for activities that generate profits on a different website.

  • Use the Site for unlawful purposes, such as fraud or money laundering, and collect information or data from the Site or the Company's systems or attempt to decipher any transmission to or from the servers that provide the Services.

  • Upload any content that may be considered violent, threatening, racist, in violation of privacy or privacy, discriminatory, defamatory, offensive, illegal, pornographic, obscene, indecent, blasphemous, or that may, in general, cause annoyance or discomfort to other Users and third parties.

9.2 The Company reserves the right to suspend access to the Site if it finds or has reasonable suspicions of a User's violation of the General Conditions.

 

10. Intellectual Property

10.1 The "Cargoful" trademark and all other trademarks or distinctive signs of the Company displayed on the Site ("Trademarks") are exclusive property of the Company. Any use or reproduction of the Trademarks for any purpose or by any means is expressly and strictly prohibited and will be pursued by the Company in accordance with the law.

10.2 Trademarks of third parties displayed on the Site are the exclusive property of their respective owners who have authorized their use. Reproduction is therefore prohibited.

10.3 The pages that make up the Site and their content (including, for example and not exhaustively: texts, slogans, images, photos, graphics, sounds on the Site) are protected by copyright, of which the Company is the owner or include material whose use has been duly authorized by the rights holders. Reproduction, duplication, publication, transmission of the pages of the Site (in whole or in part) in any form and manner is prohibited. No reproduction of the Site or its parts may be subject to sale or distribution for commercial purposes.

10.4 The download of content within the Site is lawful only if expressly authorized by the Company with specific indications on the Site.

10.5 It is understood that nothing in the Site may be interpreted as an express or implied license by the Company in favor of third parties for the use of Trademarks, texts, slogans, images, photos, graphics, sounds, and any other element protected by copyright or other intellectual property right.

 

11. Communications

11.1 The User agrees that any information or material provided by them to the Company through the communication channels offered on the Site, including email, will not be considered confidential and may be used by the Company for any purpose, including the development, realization, and marketing of new services and/or products.

11.2 It is understood that the preceding paragraph does not apply to information or materials, including personal data, provided by the User in the course of using the Services, which will remain strictly confidential.

 

12. Miscellaneous

12.1 The General Conditions and any other documents explicitly referenced within them constitute the agreement between the Company and the User and replace any previous agreement, understanding, or contract between the parties regarding the subject matter of the General Conditions.

12.2 The provision of particular Services and/or ancillary products through the Site may be governed by specific contract conditions that will be made available and, depending on what is provided in them, will replace or complement these General Conditions.

12.3 If one or more terms or conditions of the General Conditions are declared invalid, void, or ineffective, in whole or in part, the invalidity, voidness, or ineffectiveness will only affect such terms, conditions, or provisions, and the remaining terms will remain valid and effective to the maximum extent permitted by law.

12.4 Any failure or delayed implementation (in whole or in part) of any provision of these General Conditions cannot be interpreted as a waiver by either party to assert their rights or remedies.

 

13. Applicable Law and Jurisdiction

13.1 The General Conditions are governed by Italian law.

13.2 For any dispute arising in connection with the validity, interpretation, performance, or termination of these General Conditions between the Company and the User, the Milan Court has exclusive jurisdiction.

 

14. Changes and Updates

14.1 The Company reserves the right to modify the General Conditions at any time to offer new Services or to comply with new legal provisions.

14.2 Any changes will be communicated with a notice of 30 (thirty) days before their effectiveness, with the exception of changes required by the Company to comply with new legal provisions or those that do not prejudice the rights and obligations of the User, which will become immediately effective.

14.3 Changes will be made available on the Site and communicated to Users via email. The User should always refer to the text published on the Site at the time of browsing as the current version.

 

15. Contacts

15.1 For any information, clarification, complaint, or need, the User may contact the Company at the following contacts: hello@cargoful.tech, phone: +39 351 790 1045.

15.2 For purposes related to the Services (e.g., to communicate a scheduled maintenance intervention), the Company reserves the right to contact the User via the contact information provided by the User at the time of registration.

 

Last updated: October 2023.

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