Last update September 2019
BlueCargo (hereinafter referred to as the "BlueCargo") provides real time information (hereinafter referred to as the “Data”) on the planning of operations with regard to the containers in the terminal operators (hereinafter referred to as the “Terminals”). BlueCargo relays on its website erl.bluecargo.io (hereinafter referred to as the "Website") Data transmitted by providers of intermodal equipment (hereinafter referred to as the “Providers”) through their websites or Terminals’ websites. Its services are provided for professionals and notably motor carriers (hereinafter referred to as the "Users").
BlueCargo offers a freemium access to its services (hereinafter referred to as the "Freemium") and a premium access (hereinafter referred to as the "Premium").
The purpose of these general terms and conditions (hereinafter referred to as the “General Terms and Conditions”) is to define the terms and conditions of use of the services provided on the beta version of the Website (hereinafter referred to as the "Services") as well as to define the rights and obligations of the various parties within this context.
These General Terms and Conditions can be accessed and printed at any moment from a direct link on the Website.
They may be subject to certain additional terms and conditions specific to certain Services. The latter are hereby incorporated into the General Terms and Conditions. In the case of any inconsistency between the General Terms and Conditions and these specific conditions, the latter shall prevail.
2. Manager of the Website and Services, Contact Details
The Website and the Services are managed by the company BlueCargo, a French simplified joint stock company (“Société par Actions Simplifiée”) with a registered capital of EUR 1,010,000.00, registered under number 844252833 with the Registry of Trade and Companies of Créteil, whose head office is located at 5, avenue du Général de Gaulle – 94160 Saint-Mandé.
BlueCargo can be contacted, including for any claim, through any of the following channels:
Street Address: 340 S Lemon Avenue, Walnut, CA 91789, United States
Telephone: +1 650 480 1760
Email address: firstname.lastname@example.org
3. Acceptance of the General Terms and Conditions of Use
Users that register on the Website can accept these General Terms and Conditions by checking a checkbox in the registration form.
For Users who have not registered on the Website, their use of the Website and/or the Services entails their acceptance without any reservation of the General Terms and Conditions of Use.
Acceptance of these General Terms and Conditions can only be full and complete. Any acceptance is considered as null and void. Users who do not accept to be bound by the General Terms and Conditions of Use must not access the Website or use the Services.
4. Access to the Website and Services
Legal capacity - The Website and the Services can be accessed by any entity acting through a person having full legal capacity to contract for and on behalf of the entity.
Website and Services for professional use - The Website and the Services are designed and meant for professional use, so that they are intended exclusively for professionals within their activity.
Access to the Services - Acceptance of the General Terms and Conditions of Use The use of the Website or the Services by the Users entails their acceptance without any reservation of the General Terms and Conditions of Use. Users who do not accept to be bound by the General Terms and Conditions of Use must not access the Website or use the Services.
Access to the Premium Services
(i) Registration form
In order to use the Premium Services, Users must register on the Website by completing the registration form and complying with any required process. Users must provide all information that is marked as being required. Incomplete registrations shall not be validated.
Users guarantee that all information they provide in the registration form is exact, up to date and sincere and is in no way misleading or dishonest.
(ii) Creation of Accounts
The User can create two types of Accounts:
Individual account for individual use (hereinafter referred to as the "Individual Account");
Company Account for company use (hereinafter referred to as the "Company Account"). The Company Account enables the User to create several Administrators and Users’ profiles.
… (hereinafter together referred to as the "Accounts")
Registering automatically entails:
the opening of an Account in the User's name; or
a request by the User to join a Company Account, which shall be validated by the Administrator of said Company Account.
The User will then have access to its own personal space (hereinafter referred to as the "Personal Space") and be able to use the Services in a format and according to the technical means that BlueCargo deems the most appropriate for providing the said Services.
Users agree to update this information in their Personal Space in the event that any of it should change in order to continuously meet the above-mentioned criteria.
Users are hereby informed and accept that the information provided by them for the creation or update of their Account is valid as proof of their identity. Details entered by Users shall be binding upon confirmation.
Users can access their Personal Space by logging in to the Website using their connection ID and their password.
Users agree to use the Services themselves personally and agree not to allow any third party to use them on their behalf, unless accepting full responsibility for the consequences.
(iii) Creation of Administrative and Users’ profiles in the Company Account
The User that creates a Company Account will be in charge of administering such Account (hereinafter referred to as the "Administrator"). The Administrator has the possibility to create other Administrator profiles and several Users profiles.
The Administrator is solely responsible for the creation of these profiles and the other Administrators and Users to whom they are assigned. It is prohibited to use the ability to create an Administrator or User profile in order to give access to the Platform, directly or indirectly, to a third-party competitor of BlueCargo.
It undertakes to ensure that the other Administrators and Users do not allow any third party to use them in their place or on their behalf, unless they bear full responsibility.
Login credentials are strictly personal and confidential. The User undertakes to preserve the security and confidentiality of the username and password of his Account and to impose the same obligations on Users whose profiles he has created. He undertakes to take all appropriate measures in this regard and in particular to regularly change his password. In general, the User is responsible for the security of the individual workstations used to access the Website.
Users are also responsible for keeping their connection ID and password confidential, as any access to the Website with these ID and password are deemed to be made by them. Users must contact BlueCargo immediately through any of the channels mentioned in Article 2 of these General Terms and Conditions of Use, if they notice that their Account has been used without their knowledge. Users acknowledge BlueCargo's right to take all measures it deems appropriate in a case such as this.
In the event of a security breach due to the User's failure to comply with this article, the User shall be solely responsible and shall in no event engage BlueCargo's liability.
5. Description of the Services
BlueCargo grants to the User, for the entire world and during the Period as provided for in the Article "Term of the Services, cancellation”, a non-exclusive, personal and non-transferable license to use the Website, in its version existing on the date hereof and in any future versions, as well as its technical documentation, in SaaS mode, for the sole purpose of providing the Services.
The License is granted to the User, for his own needs, understood as the needs related to his activity. The User is prohibited from assigning or transferring the benefit to any third party.
Depending on the subscribed Services, Users may have access to the following Services, in a format and according to the technical means that BlueCargo deems the most appropriate.
Empty return locations search engine - BlueCargo provides through its Website a single platform displaying the Data which notably enables the Users to:
- look for empty return locations in the Terminals at the conclusion of an equipment interchange period and;
- to check, for some Terminals requiring an appointment, when the first appointment is available, and the number of remaining slots related to such appointment.
The Terminals concerned are listed on the Website.
In order to access to the Data, the Users shall specify on the Website the relevant type of container and shipping line.
Access return instructions archives - The Website stores the Data displayed on the Provider and Terminals’ websites. Therefore, the User have access to and can download the archives of the return instructions of the Providers and Terminals.
Notification center - BlueCargo provides the possibility for the User to set up notifications for the specific characteristics of a container to receive directly in his emails or via push notification the information that the instructions have changed.
Other Services - BlueCargo provides an API allowing to display all the information directly in the User’s website. Such Service is not included in the prices set out in these General Terms and Conditions. The User shall directly contact BlueCargo for more information.
BlueCargo reserves the right to propose any other Service that it deems useful, in a format and according to the technical means that it deems the most appropriate for providing the said Service.
6. Financial Conditions
Prices - The prices of the Services are indicated on the Website.
Unless otherwise stated, they are expressed in US Dollars and are inclusive of any taxes.
BlueCargo reserves the right, in its sole discretion and according to conditions that it deems appropriate, to propose promotional offers or price reductions.
Price revision - The prices provided in article 7.1 may be revised by BlueCargo at any time, in its sole discretion.
The User will be informed of this revision by BlueCargo by any written mean (including email), at least 2 (two) weeks before the entry into force of the new prices.
When effective, the new prices apply upon the renewal of the Subscription (as defined in Article “Terme of the Services, cancellation”).
Invoicing - BlueCargo shall issue invoices for the Services, for each Subscription Period. These invoices will be sent to the User through any pertinent channel.
It is specified that for the first and the last Subscription Period, invoicing shall be made pro rata.
Payment’s terms - The payment of the Subscription price is carried out each month on the 30th by direct debit from the User’s bank card.
The direct debit is implemented by the secured payment service provider the Stripe company, who BlueCargo entrusts with the storage of the User’s bank data to this end. BlueCargo doesn’t store any bank data.
The price of the Subscription is due and the direct debit is carried out on the day of the first subscription, then on the date of each Subscription renewal.
The User guarantees to BlueCargo that he has all the necessary authorizations to use the chosen payment mode. The User undertakes to take all necessary measures so as to ensure safe carrying out of the direct debit.
Payment delays and incidents - Users are hereby informed and expressly agree that any payment delay of all or part of any payable amount at its due term shall automatically entail, without prejudice to the provisions set out in Articles “Term of the Services, cancellation” and “Sanction for breaches” and from the day following the payment date indicated in the invoice:
- Forfeiture of the term of all amounts payable by the User in question, that will become immediately due,
- Immediate suspension of current Services until complete payment by the User in question of all amounts due,
- Invoicing of a late payment interest, for BlueCargo’s benefit, at the rate of 3 (three) times the legal interest rate, calculated on the total of all amounts due by the User in question and a flat indemnity of 40 (forty) euros as recovery fees, without prejudice of any further compensation in the event effective recovery fees should be higher than this amount.
7. Term of the Services, cancellation
Users can subscribe to the Services in the form a subscription (hereinafter referred to as the "Subscription").
Subscription begins on the day of subscription, subject to payment of the price in accordance with Article “Financial Conditions”, for an initial period of 1 (one) month (hereinafter referred to as the "Initial Period"), from date to date.
It is then automatically renewed for successive periods of the same duration as the Initial Period (hereinafter referred to, with the Initial Period, as the "Subscription Period(s)"), from date to date, unless notice of termination is given by either BlueCargo (at the latest 2 (two) days before the term of the current Subscription Period) or the User (at any time).
Users can cancel their Subscription in their Personal Space.
BlueCargo can cancel a User's Subscription by sending an email to the User.
Subscription cancellation is effective upon expiration of the last Subscription Period and causes the automatic deletion of the User’s Account, along with all corresponding stored content.
Any Subscription Period started is due in full.
8. Agreement in relation to proof
Users expressly acknowledge and accept that:
- Data collected on BlueCargo's Website and its computer equipment attest to the reality of the transactions performed in the context of this agreement;
- This data is the main means of acceptable proof between the parties, in particular for the calculation of amounts due to BlueCargo.
8. Obligations for Users
Without prejudice to other obligations provided for in this agreement, Users undertake to respect the following obligations.
Users agree, in his use of the Services, to respect and abide by all laws and regulations in force and not to violate public order or infringe the rights of any third party.
Users acknowledge having read on the Website and understood the characteristics and constraints, technical in particular, of the entire range of Services. Each User is solely responsible for his use of the Services.
Users undertake to use the Services themselves personally. They shall not transfer, sublicense, delegate or assign all or part of their rights or obligations under the present general terms and conditions of use to any third party, in any way.
Users expressly grant to BlueCargo the right to use their trademark and logo, for purposes of illustration on the Website or promotion of the Website, by any means and on any media whatsoever, for the entire world and for the term of their registration on the Website. Such right is granted free of charge.
Users acknowledge that the Services provide them with an additional solution, not an alternative solution, to obtain the Data to optimize the operations with regard to the containers in Terminals and that this solution cannot substitute other means that Users may dispose of elsewhere to reach the same goal.
Users expressly acknowledge that the use of the Services require that they should be connected to the internet and that they are solely responsible for such connection.
10. Users' Guarantee
Each User agrees to defend, indemnify and hold BlueCargo harmless from and against any claims, demands, actions and/or grievances whatsoever, that BlueCargo could incur as a result of a breach by the User in question of any one of its obligations or guarantees under these General Terms and Conditions of Use.
Users agree to compensate BlueCargo for any prejudice that the latter could be subject to, and to pay any costs, liabilities, charges and / or convictions that the latter could incur, as a result of such a breach.
11. Prohibited behaviour
It is strictly prohibited to use the Services to the following ends:
- Carrying out activities that are unlawful, fraudulent or infringe on the rights or the security of others;
- Violating public order or any local policy or laws;
- Hacking into the computer system of a third party or any activity aimed to harm, control, interfere or intercept all or part of a third party's computer system, violating its integrity or its security;
- Sending unsolicited emails and / or prospecting or commercial solicitation;
- Tampering with the aim to improve referencing of another site;
- Assisting or inciting, in any manner or form whatsoever, the carrying out of one or several of the actions or activities described above;
- And more generally, any action that uses the Services for any other purpose than that for which they were designed.
Users are strictly prohibited from copying and / or using for their own purposes or those of a third party, the concept, technology or any other component of BlueCargo's Website.
The following is also strictly prohibited: (i) any behaviour that would interrupt, suspend, slow down or prevent continuity of the Services, (ii) any hacking or attempts to hack into BlueCargo's IT systems, (iii) any hijacking of the Website's system resources, (iv) any acts that would place a disproportionate load on the Website's infrastructure, (v) any attempts to breach the Website's security and authentication structures, (vi) any acts that could infringe on the rights and financial, commercial and moral interests of BlueCargo or of the Users of its Website and finally, more generally, (vii) any breach of these General Terms and Conditions of Use.
It is strictly prohibited to make money from, sell or concede all or part of one's access to the Services or to the Website or to the information that is hosted and / or shared on the Website.
12. Sanctions for breaches
In the event of a breach by a User of any of the provisions of these General Terms and Conditions of Use or more generally, of any infringement by the former of any laws and regulations in force, BlueCargo reserves the right to take any measures it deems appropriate and in particular:
- to suspend access to the Services for any User which has breached any provision or infringed any law or regulation, or which has participated in this breach or infringement;
- to publish on the Website any related informational message that BlueCargo deems useful;
- to inform any relevant authorities;
- to commence and prosecute any legal proceedings.
13. Liability and guarantee of BlueCargo
BlueCargo agrees to provide the Services with diligence and in compliance with trade practice, specifying that it has an obligation to provide due care, but this without any obligation of result, and this is expressly acknowledged and agreed by Users.
The Data displayed on the Website are based on the data provided on the websites of Terminals and Providers.
Therefore, the Data updates on the Website depend on the updates made on the websites of Terminals and/or Providers’ ones.
More generally, BlueCargo, its owner BlueCargo Inc. and affiliates, members, contractors and subcontractors, cannot and do not confirm or guarantee the validity or the accuracy of the Data and shall not be held responsible for costs, liabilities, claims, or other damages, whether direct, indirect, consequential or otherwise, of misfiled, unfiled, inaccurate or missing data related to said information.
BlueCargo agrees to regularly check that the Website is operational and can be accessed. To this end, BlueCargo reserves the right to interrupt access to the Website momentarily for maintenance purposes. In the same way, BlueCargo shall not be held liable if the Website is ever momentarily difficult (or impossible) to access, the causes of these circumstances being outside BlueCargo's control, force majeure, or due to any disruption in the telecommunications network.
BlueCargo does not guarantee to Users (i) that the Services, which are subject to constant research to improve their performance and progress, will be totally free of errors, faults or defects, (ii) that the Services, being standard and not offered specifically to any one given User according to that User’s own personal constraints, shall specifically meet that User’s needs or expectations.
In any event, any liability that could be incurred by BlueCargo within the framework of this agreement is expressly and solely limited to direct actual damages suffered by Users. Even so, BlueCargo shall be held liable only in case Users issue a claim by sending a registered letter with acknowledgement of receipt within 1 (one) month of such event.
14. Intellectual Property
The systems, software, structures, infrastructures, databases and content (text, images, graphics, music, logos, trademarks, databases, etc.) used by BlueCargo on the Website, are protected by all intellectual property rights, or rights for the creators of databases, in force. Any dismantling, decompilation, deciphering, extracting, reusing, copying and, more generally, any reproduction, representation, publishing or use of all or part of any these items, without BlueCargo's authorization, is strictly prohibited and could lead to prosecution.
15. Personal Data
16. Links and Third-Party Sites
BlueCargo can in no way be held liable for the technical availability or unavailability of Internet sites or mobile applications operated by third parties (including its potential partners) which Users would access through links on the Website.
BlueCargo shall not be liable for content, advertisements, products and / or services available on such third-party sites or mobile applications and Users are hereby reminded that these sites are governed by their own terms and conditions of use.
BlueCargo shall not be liable for any transactions conducted between Users and any advertisers, professionals or salespersons (including its potential partners) to which Users may be oriented through the Website and shall not take part in any disputes whatsoever with these third parties, particularly concerning the delivery of products and / or services, guarantees, declarations or any other obligations whatsoever to which these thirds parties may be bound.
17. Customer references
BlueCargo does not authorize the Users to cite and use as appropriate a reproduction of its trademark or logo as a customer reference, especially at events, in its business documents and on its website, in any form whatsoever, unless previously and expressly agreed.
BlueCargo reserves the right to amend these General Terms and Conditions at any time.
The amended General Terms and Conditions apply immediately to Users that use the Services after these amendments. Users are thus invited to regularly consult the latest version of the General Terms and Conditions on the Website.
Any User who does not agree with the amended General Terms and Conditions of Use must cease any use of the Services and the Website.
Users who continue to use the Services and the Website after the entry into force of the amended terms and conditions shall be deemed to have accepted these amendments.
In the event of a translation of these General Terms and Conditions of Use into one or more languages, the language of interpretation shall be English in the event of any contradiction or dispute concerning the meaning of any one of their terms or provisions.
20. Law and Jurisdiction
These General Terms and Conditions of Use are governed by French law.
In the event of dispute concerning the validity, interpretation and / or application of these General Terms and Conditions of Use, all parties agree that the courts of Paris shall be the only competent jurisdiction capable of judging the dispute, save conflicting mandatory rules of practice.