Terms and Conditions

1. DEFINITIONS

These Website Terms and Conditions govern the relationship between a Participating member and "Cargo House Limited" with regard to your use of the information and services provided on this website: "CargoHouse.com.ua"

In these Terms and Conditions unless "Cargo House Limited" requires otherwise:
1.1The following words and expressions shall have the following meanings:
a)the Cargo House"Cargo House Limited", its servants, agents, employees and sub-contractors.
b)CargoHouse.com.ua
(CH)
Interactive website which enable logistic providers as well as other participating members provide in every area of the world to interact with each other. The website is self-regulated by participating members with regard to their use of information and services. The website consists of following parts - sub-portals: "Freight exchange" , "Stevedoring and warehousing", " Services to ships in ports", "Overland carriages".
c)the Memberparticipating member - user and subscriber of CargoHouse.com.ua
d)Services any services provided by CargoHouse.com.ua of the related to the transferring, transmission, storage, processing or communication of data of any kind (in accordance with the List of Services to these Terms and Conditions).
e)Terms and Conditions Shall mean these terms and conditions and shall be deemed to include the Operating Instructions. Cargo House reserves the right to change the Terms and Conditions time to time and accordingly Members should check them before accessing CargoHouse.com.ua on each occasion.
f)Operating instructions instructions from time to time supplied by CargoHouse.com.ua in writing or by any other kind of communication sent to Member by web administrator.
g)Rules and regulations Market practices approved or recommended by Cargo House to the Members which they would need to Comply with.
h)the Member's
database
data of any kind that the Member creates himself, stores, transmits to Common marketplace of the CargoHouse.com.ua and manages within the Services provided. This database is accessible with personal Member's login and password only.
i)General database database of any kind consisted of Members' database, transferred by their orders to Common marketplace or to other areas, combined with the database of CargoHouse.com.ua created without participation of the Members (guides, directories, etc.)
j)Common marketplace the place in the website where Members exchange with their offers and inquires.


2. THE SERVICE

CargoHouse.com.ua shall provide:-

2.1 Registration Member in CargoHouse.com.ua in accordance with its login and transmit him a reference password. The single password for all sub-portals. The access to all sub-portals or to some of them depending on payment for all portals or for some of them according to the List of Services and Prices and Tariffs. Upon getting password Member is given with Main Page(s) in each sub-portal he paid, where he can manage with Member' database from and have the access to any part of sub-portal(s), unless prescribed hereinafter;

2.2 Let the Member the place in the Common marketplace.
Sorting and search the offers and inquires placed by other Members in Common marketplace.

2.3 Services as per "List of Services."

2.4 The best endeavours to provide a 24 hour service, 365 days a year.

2.5 To protect Member's database as well as the General database and the Common marketplace from undesirable access as per Rules and Regulations, these Terms and Conditions and Operating Instructions.

2.6 To provide Member with training to manage the site CargoHouse.com.
In special training area under the control of web administrator.

3. MEMBER OBLIGATION

Member agrees:-

3.1 That it shall at all times of the service comply with these Terms and Conditions and perform accurately Operating instructions.

3.2 To place into General database true, valid and exact information with regard with Member's offers; to hide and/or delete from the General database information with regard with Member's offers becoming invalid . To place full and accuracy information about its ("User data") as the process of registration requires and will provide that information within all time of the Service rendered, otherwise the Cargo House has right to terminate its access to CargoHouse.com.ua.

3.3 To conform to the Ethics and Market Practicies as per the Rules and Regulations, otherwise the Cargo House will have right to terminate the access to CargoHouse.com.ua. The Cargo House reserves the right to highlight such events of unconformity by Members of the Ethics and Market Practices.

3.4 To give soonest reply on the request of the administrator of the CargoHouse.com.ua , otherwise if Member ignores the administrator's requests the latter have right to terminate the access to CargoHouse.com.ua until clarification the reason of silence by the Member. The silence of the Member must be reasonable and explained thereafter. The administrator uses that rights in order to avoid damage to the interests of other Members and the work of the website in good order.

3.5 Not to use or intend to use the participation for any unlawful purpose and agree to indemnify and hold the Cargo House harmless from any claims, demands, costs, fines or liability arising from any such unlawful use caused by the Member including (without limitation) liability arising out of any action brought against the Cargo House for libel, slander, infringement of copyright or any other intellectual property right.

3.6 To accept the training provided by the Cargo House as per Cl.2.6 in order to manage the site easily and most effective to the Member.

4. LIMITATION OF LIABILITY

4.1 The Cargo House shall be under no liability whatsoever to a Member where:-

a) the Member has not complied with or performed fully and accurately the Operating Instructions, the Rules and Regulations, technical insufficiency of the Member's electronic equipment;

b) the loss or damage is caused by the failure of CargoHouse.com.ua to transmit a message of the Member;

c) the performance by CargoHouse.com of the Service is delayed, interrupted or otherwise prevented owing to conditions beyond the control of CargoHouse.com.ua including but without prejudice to the generality of the foregoing; storms, floods or other acts of God, the action of civil, military or governmental authorities, riots, civil commotion or strikes and the actions or neglect of any third party used by CargoHouse.com.ua to discharge its obligations under the Contract;

d) the loss or damage is caused to terminals or computer systems on a Member's premises for any reason whatsoever;

e) the loss or damage is caused by any breach by its Member, of any obligation under these Terms and Conditions. The Cargo House shall where possible notify its Member of any breach of these Terms and Conditions.

4.2 Without prejudice to, and in any case in which Clause 4.1 above does not apply for any reason, the liability of the Cargo House for any loss or damage arising directly or indirectly as a result of breach of any express or implied term, statement, warranty, undertaking or representation forming part of these Terms and Conditions , and caused by any negligence, act, omission, mistake, interruption, delay, error or defect in the performance of the Service shall be limited to a five times of the year rate of the subscription paid by the Member.

4.3 If the limitation contained in Clause 4.2 above is held to be avoid or unenforceable for any reason, the liability of the Cargo House for any damage referred in Clause 4.2 above, shall be such sum as may be considered reasonable in all the circumstances and after taking into account the actual knowledge of the Cargo House (and not any knowledge which may be implied) of any special damage or loss of its Member which is likely to occur as a result of such negligence, act, omission, mistake, interruption, delay, error or defect as aforesaid.

4.4 The Member accepts that the limitation and exclusions set out in sub-clause 6.1 are reasonable having regard to all circumstances, including the Agreed Charges.

5 TERM AND TERMINATION

5.1 The access to CargoHouse.com.ua shall (unless earlier terminated by consent) continue until terminated upon 3 weeks' notice in writing given to the other party.
The Cargo house has right to terminate the access if the Member fails to make on the due date payment of Agreed Charges due to the Cargo House.

5.4 The Cargo House reserves the right at any time to terminate the access to CargoHouse.com.ua with notice or without any notice if the Member fails to conform to the Ethics and Market Practices and other conditions as stated above in Clause 3. of these Terms and Conditions.

6 GENERAL PROVISIONS

6.1 Links to external sites
CargoHouse.com.ua may to provide links to other sites. When the Member clicks on one of these links our site entering another site, which has privacy statements or policies. We do not control another site and for which we are not responsible in any case.

6.2 Data Security
That neither it nor any of its servants, agents, employees or sub-contractors will have the access to the Member's database or will see any message of the Member unless requested by the Member or if the format of a message is incorrect or unable to be transmitted.

6.3 Employee integrity
That it has procured and will at all relevant times procure that the contract of employment of all employees of the Cargo House contains an employee covenant of confidentiality expressed to be effective during and after employment.

6.4 Claims and disputes
The Cargo House and the Member always try to settle disputes amicably and honesty. If the parties fail to reach the understanding the arbitration if any to be settled in London according to English Law to whom the non-exclusively jurisdiction of whose Courts the Member agrees to submit.