Terms and conditions
These General Terms and Conditions apply to all quotations, agreements, applications, information and services carried out or supplied/made available by 4Shipping, located at Krimpen aan den IJssel and registered with the Kamer van Koophandel (the Dutch Chamber of Commerce) under number 58818529.
Article 1. Content of the Agreement
4Shipping supplies a digital place together with her logistic platform(s) (hereinafter referred to as “app”), where stakeholders in cargo transport can connect with each other for transport orders, transport capacity, planning, document generation, communication and other transport related cases. 4Shipping aims to make the organisation of transport easier. Registered users could enter into agreements and exchange data with each other via the app. 4Shipping is neither party nor mediator in these agreements and data exchange; it only makes the infrastructure available for the users with a charge for use. The 4Shipping app consists of a web based system. 4Shipping reserves the right to supply an alternative technology in the future.
Article 2. Users and registration
2.1 A registered person is a natural person and/or a company (legal person) represented by one or more natural persons. The app is solely intended for transport related companies.
2.2 When users want to use the 4Shipping app, they have to register for it, accept the General Terms and Conditions and fulfil all the obligations resulting from the registration agreement. The agreement between 4Shipping and the user about the use of the app will be established after online registration and confirmation by 4Shipping. 4Shipping assesses the registration before the user will be given access.
2.3 4Shipping reserves the right to block the establishment of the registration agreement without giving reasons when this person or entity does not operate in the transport sector, this person or entity does not possess a valid BTW (the Dutch VAT) and KvK (the Dutch Chamber of Commerce) number or if it reasonably can be assumed that the registration of this person or entity concerned could be detrimental for 4Shipping and/or other registered persons.
2.4 The registered person is responsible for providing truthful information to 4Shipping and other users of the app, during registration and use of the app.
2.5 By accepting the General Terms and Conditions, the user will also accept the Privacy Statement.
2.6 The term of the agreement is for an indefinite period of time. The registered person has the right to terminate the registration contract with a 30 days notice period, provided that the registered person has fulfilled all the obligations covered by the agreement. The termination of the registration contract has to be done in writing. The right to use the 4Shipping app will be ended after termination. The user is obliged to treat all the information which became known by the 4Shipping app as strictly confidential and not to distribute it to any third party or otherwise.
2.7 4Shipping reserves the right to terminate the agreement with immediate effect and block the access to the app, when: a) the registered person does not comply with the General Terms and Conditions, b) the registered person misuses the app or information within the app, c) extension of payment or bankruptcy of the registered person has been requested, d) the user concludes contracts that are recorded as supply within the app, outside of the app, e) the registered person did not use the app during 12 months.
2.8 4Shipping has the full right to distribute its rights, covered by the agreement with users, to third parties, or to have the obligations been carried out by third parties. The registered person is not allowed to distribute the agreement to third parties without the prior written consent of 4Shipping.
2.9 The users are responsible themselves to comply with and apply all valid local, national and international laws, regulations, provisions and import duties that are relevant in relation to the use of the app.
Article 3. Security
3.1 During his registration each user provides a password for his personal identification. When the access to the platform has been given, the user is able to log in with his personal email address and the provided password. 4Shipping reserves the right to apply alternative methods for this, with the attempt to improve security.
3.2 The user is obliged to keep his password and the data within the 4Shipping app in secret and protect it against infringement by (unauthorised) third parties, in order to prevent theft or unlawful use of the user’s access data, or distribution of company details (in particular transport orders, capacity supply or prices), for instance. When the user presumes misuse, he has to report it to 4Shipping.
3.3 The user and other persons are not allowed to log in with other users’ user name and password. The user promises to change his password regularly (at least once in a year).
3.4 All users are obliged not to manipulate 4Shipping and the app, and not to place material and data in the app, that may damage other computer systems, computer programs, data or information. The infrastructure of 4Shipping or other users’ infrastructures must also not be unnecessarily loaded with large quantities of data that are not relevant for conducting business.
Article 4. Liability
4.1 4Shipping is not liable for users’ acts or absenteeism.
4.2 4Shipping is not liable for the information within the app, or information (being) distributed by the app, associated with the app, or obtained by means of the app. The user is aware that a large part of the information within the app originates from third parties. The responsibility for this information lies with the mentioned third parties.
4.3 The registered person is aware that he is responsible to assure himself of the suitability and reliability of the (potential) contracting party, before making appointments with it or letting transactions be taken place.
4.4 The registered person is responsible for information that is truthful, correct, full and free of copyrights and other rights, provided to 4Shipping and other users of the app, while using the app.
4.5 The registered transporter who acquires a deal by means of the app, has to carry out the transport by his own company. It is strictly forbidden to distribute the obligations resulting from the agreement to third parties without written consent of the other party/shipper.
4.6 When the transporter places a bid on a trip/transport he indicates with it that he is able to and shall carry out the obligations resulting from the supply and definite agreement in exchange for the specified price. As soon as the transporter reserves the bid of the transporter, the transporter cannot evade the obligations when the shipper submits the transport agreement anymore.
4.7 When the transporter placed a bid and the shipper did not reserve or place under bid (the bid of) the transporter, the transporter may cancel the bid if he is not able to fulfil the obligations at a certain time. The transporter is responsible himself for cancelling the bid promptly if he is not able to fulfil the obligations (that may result from the placed bid) anymore.
4.8 The registered shipper solely has to reserve/place under bid the placed bid on a transport order/trip (published by himself) when he actually has the intention to submit the transport agreement. When there is no intention to submit the transport agreement, it is also not allowed to reserve/place under bid (the bid of) the transporter.
4.9 In case of disputes by use of the app or information obtained by means of the app, the users have to resolve and complete the dispute mutually. 4Shipping may impose sanctions and/or deny access to the app for the user in such situations.
4.10 4Shipping has a best efforts obligation to guarantee and make available the good performance of the app. When problems still arise, the user has to report it by telephone or email as soon as possible. 4Shipping shall solve the problems subsequently, with an urgency that depends on the kind of problem.
4.11 4Shipping is not liable for damage that is direct, indirect of resulting from the foregoing, arising as a result of the use of the app, unless the damage is the result of demonstrable gross negligence of 4Shipping.
4.12 When 4Shipping will be held liable, regardless of the reason, the total amount of compensation will under no circumstances exceed the total amount paid by the registered person during the last six months before the date of the incident.
Article 5. Safeguarding
5.1 In a situation of supremacy, 4Shipping is safeguarded from its obligations. For instance in case of DDoS attacks, hacking, energy failure, Telecom/internet failure, server failure, attacks, fire, wars, natural disasters, government intervention, etcetera.
5.2 4Shipping reserves the right to interrupt the availability of the app due to maintenance operations. These operations will be performed outside office hours, excepted emergency situations.
5.3 4Shipping does not stand for services/transport availabilities of third parties that may be coupled with/connected to the app.
5.4 Users are responsible themselves for data loss or damage to their systems that arises from downloading of (harmful) files, or from the use of material and data via the app.
5.5 When 4Shipping is given access by the user or relations to systems and/or login accounts of the user, relation or third parties on behalf of maintenance or help, the user/relation is responsible for those activities.
5.6 4Shipping may change the functionalities, structure and user interface of the app at its sole discretion. Then, those changes will be introduced by means of new releases. A user is not entitled to claim further developments that will be implemented within the app.
Article 6. Costs
6.1 No costs will be charged for the registration, supplying, looking for and bidding on trips. Costs will rather be charged for striking a definite deal.
6.2 The costs for the use of the 4Shipping app are based on a fee of the acquired transport deal which is established via the app. The current applicable costs are mentioned on the website www.4shipping.com. The running costs of certain functionalities may also be charged in the form of a subscription. One could also find this information on the aforementioned website. Subscriptions will automatically and tacitly be renewed. All mentioned prices are exclusive of BTW.
6.3 Users are not allowed to enter into an agreement for a transport order using the information obtained from the app, outside of the app (and to circumvent paying of the obliged fee with it).
6.4 Every user that circumvents, tries to circumvent or manipulates charges for the use of the app, may immediately and for an indefinite period of time be disqualified for the use of the app by 4Shipping. The one who causes any damage to 4Shipping by this circumvention, attempts to circumvent or manipulation, is liable for the caused damage and loss of profit.
6.5 Invoices have to be paid within 30 days after the invoice date, or are collected by direct debit authorisation within this term.
6.6 In case of overdue payment of the amounts due, 4Shipping may charge interest at 10% above the base rate of the European Central Bank due to late payment. 4Shipping reserves the right to claim a higher amount for damage caused by overdue payment.
6.7 Financial obligations and rights that arise from the use of the app, such as transport orders, are not part of the responsibility of 4Shipping.
Article 7. Intellectual property
7.1 4Shipping only grants the user rights with regard to the app and related documentation to the user. All rights with regard to the products and data within the app, must be handed over to the original, lawful owner (in so far as they are not provided by this General Terms and Conditions or have to be provided for the realisation of the jointly pursued attempt of the agreement).
7.2 The intellectual property of the app, software, databases, content/information within the app, composition and design of the app and website are the property of 4Shipping. Nothing in the app, content and website may be published, distributed or disclosed, in whatever manner, without the prior written consent of 4Shipping and acknowledgement of the source.
7.3 The company name and logo are registered.
Article 8. Final Act
8.1 The Dutch law applies to this agreement.
8.2 Unless otherwise prescribed by the rules of mandatory law, all disputes that may arise as a result of this agreement will be submitted to the competent Dutch court for the judicial district of Rotterdam.
8.3 If any provision of this agreement has been declared void, this does not affect the validity of the whole agreement. In that case, parties shall determine (a) new provision(s) for a replacement, with what is given shape to the attempt of the original agreement and these General Terms and Conditions, as far as possible by law.
8.4 In these General Terms and Conditions, email is also covered by “written”, provided that the identity and integrity of the email is sufficiently proven.
8.5 The version of any communication received or stored by 4Shipping counts as authentic, unless evidence for the contrary is provided by the registered person/client.
8.6 Parties always immediately inform each other in writing of any change in name, postal address, email address, telephone number and bank/giro account number.
8.7 Every party is authorised to distribute the rights and obligations that arise from the agreement or these General Terms and Conditions to a third party, only with the prior written consent of the other party. However, this consent is not necessary in case of distribution of all rights and obligations to a parent or sister company or a subsidiary, or, in case of 4Shipping, to a third party that takes over the relevant company activities from it.
8.8 4Shipping informs the users about changes in the General Terms and Conditions by email, letter or via the app.
8.9 If differences (of interpretation) exist between the different language versions of the General Terms and Conditions, Privacy Statement or Cookie Statement, the Dutch versions prevail.