Terms & Conditions

General Terms and Conditions for using Shippingcluster

Introduction

You agree that by registering on Shippingcluster, or by using our website, including our mobile applications, premium services, or other information provided as part of the Shippingcluster services (hereinafter, the “Services”), you are entering into a legally binding agreement with Shippingcluster.


If you do not want to become a User, do not accept this agreement, do not register and do not access, view, download or otherwise use any Shippingcluster webpage, information or Services. By doing so you will become a User. You acknowledge that you have read and understood our Privacy Policy and the terms and conditions set out in this document (hereinafter, the “Agreement”) and that you agree to be bound by all of their provisions.


Shippingcluster reserves the right to amend the Agreement at any time, without giving any reason. In the event that a change is significant, we will display a notice on the Shippingcluster website or send you an email. The User may terminate this agreement if the change in question is in significant disfavor to the User.


The User enters into this agreement regarding the use of Shippingcluster services with Shippingcluster AS a company incorporated in Norway with organization number 993 007 374.


The Service

By entering into this Agreement, the User will receive access to the Services as they are offered at any time. Shippingcluster is free to add, remove or change features or functionality of the Services. Shippingcluster will make reasonable efforts to inform you of such changes by making available such information on the website or otherwise. Shippingcluster grants to its Users a personal and sole non-exclusive non-transferable license to use the Services subject to the restrictions set out below for the term of the registration as User. Users may not resell or export any of the Services to any third party.


Users

Registration

Registering as a User on the Service is free of charge. Access to certain premium features may, however, be subject to a charge. This Agreement applies for all Users, both those who have become Users by way of introduction by third parties, or otherwise. Those Users paying a service charge may do so on their election on a monthly or an annual basis. Termination of any subscription may be done on one months notice.


Registration and Warranties upon Registration

The User warrants and represents that all of the data provided by the User for registration is accurate and complete. The User shall report any changes in the registration data to Shippingcluster without undue delay.


The User may obtain access through their social media credentials or choose a password upon registration. The User is obliged to keep this password secret and is responsible for any unauthorized use of the account as a result of not keeping the password secret from third parties.


It is not possible for Shippingcluster to determine with certainty whether any User registered with Shippingcluster is in fact the person he or she represents to be. Shippingcluster may take steps at its discretion in order to endeavour to verify the identity of the User that registers or provides data but is under no obligation to do so and accepts no liability for wrong or false information so provided.


Shippingcluster assumes no liability for the actual identity of a User.


Usage rules

The following usage rules shall apply for your use of the Service:


The User shall provide only accurate, true and non-misleading statements in the User profile. It is the User's responsibility to keep the information accurate and updated.


The User shall comply with all applicable legislation hereunder but not limited to stock exchange legislation, and respect all third party rights. In particular, the User shall not use the Service to make available or copy without authorization by the rights holder any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws).


The User grants Shippingcluster a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, capable of being sublicensed, fully paid up and royalty-free right to use any information and intellectual property provided, directly or indirectly to Shippingcluster without any further consent, notice and/or compensation to the User or to any third parties. Any information submitted to us by Users is used at your own risk of loss direct and indirect. This right to use information survives any termination of the Agreement for whatever reason. The Service may allow you to submit information intended only for access by a limited group of people. Shippingcluster will not make available such information to anyone outside such group unless ordered to do so by a competent authority.


The User may report any activities of any other user which violates applicable laws and/or any of the terms and conditions of the Agreement by contacting Shippingcluster.


No use of spidering, bots or other ways of systematically extracting information from the Service, is allowed.


Users will not use any trademark, service mark of Shippingcluster or any of its affiliated companies.


Shippingcluster's obligations and liability

Availability

Shippingcluster will endeavor to ensure that Service will be available at all times. However the User acknowledges and agrees that events related to maintenance, security or capacity requirements, and/or events beyond Shippingcluster's control may result in brief malfunctions or temporary interruptions of the services provided on Shippingcluster's website. Shippingcluster shall have no liability for damages caused by any such interruption or errors in functioning.


Information made available by Shippingcluster

Shippingcluster will endeavor to make all information published in Shippingcluster as accurate and representative as possible. However, Shippingcluster shall have no liability for any economic or non-economic loss caused by information (or lack of information) made available on Shippingcluster.


Some information made available on Shippingcluster may be owned by third parties and is made available under licence from such third parties. Neither Shippingcluster nor such third parties make any warranties with respect to accuracy or otherwise in relation to the information provided and disclaims all liability for any consequences of the information being inaccurate to the fullest extent permissible by law.


User published information

Shippingcluster shall have no liability for the information Users publish or otherwise make available on Shippingcluster. Users are responsible for the content that they publish and changes or additions they make. Shippingcluster may, but is not obliged to, remove any illegal or prohibited data and/or information from the Shippingcluster website and may do so without prior notice to the User.


No warranties or representations, disclaimer

Shippingcluster does not make any warranties or representations regarding any data and/or information published or otherwise made available on the Service or on any external websites linked to or referred to on the Service.


Shippingcluster is not responsible or liable for direct or indirect losses arising from the use of the Service, unless otherwise provided by mandatory law.


Fair Use and Termination

In the event a User commits a material or repeated breach which is not material Shippingcluster shall have the right to terminate the Agreement immediately or suspend the Service at its discretion without notice.


Indemnification and Limitation of our Liability

By providing information to Shippingcluster, you represent and warrant that you have the power and authority to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.


You shall indemnify and hold Shippingcluster harmless for all damages, losses and costs related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage in or through the Service.


Any liability of Shippingcluster shall be limited to the total of any fees (if any) paid by any User to Shippingcluster in the previous six months.


Personal data – privacy policy

Our use of personal data

When registering with Shippingcluster you agree that Shippingcluster may use the information provided by you within the boundaries set by applicable law and confirm you have the authority of the individuals whose details you provide to do so and be used by Shippingcluster in the ways described in the Agreement. The information will be stored and used by Shippingcluster to manage and maintain the relationship with the User.


Shippingcluster may contact you at the email address specified in your profile with information about services and new offers from Shippingcluster. If you do not want to receive this information, you may change the settings in your profile.


You have the right to request access to the information we have stored about you as well as requesting that we correct any erroneous information we have stored about you. For any queries regarding our use of personal data, please contact us at support@shippingcluster.com


Cookies

The Service may use cookies to provide some of the functionality (including retargeting, and storage of data in cookies for analytical purposes) included in the Service. "Cookies" are small files that enable Shippingcluster to store specific information related to the Use, on your PC or other end device while using the Services. If you do not want us to use cookies, please disable the use of cookies in your browser. For help on disabling cookies in your particular browser, please refer to your browser's user manual. Please note that disabling cookies may prevent you from using certain features of the Service.


Intellectual property rights

Shippingcluster shall retain any and all intellectual property rights to all features and content it produces and supplies in the Service, including but not limited to pictures, video, audio, text, design elements and source code.


Prices and payment

Prices

Certain features of the Service require payment. The Basic Membership is free of charge, while Premium Memberships and Premium Services are provided at a fee.


Payment

If you purchase any services that we offer for a fee, you agree to Shippingcluster storing your payment card information. You also agree to pay the applicable fees for the paid Services as they become due, and authorize Shippingcluster to deduct the applicable amounts. Your obligation to pay fees continues until the date you or we terminate this agreement. All fees and charges are non-refundable.


Right of cancellation

You may cancel your contractual agreement with Shippingcluster in writing (e.g., by letter, fax or email) within fourteen (14) days without stating a reason. The contract can be cancelled by sending timely notification to:support@shippingcluster.com


If you are not a registered User, you may cancel your agreement by ceasing to use the Service.


Disputes, Choice of law and jurisdiction

This Agreement between you and Shippingcluster shall be governed by and construed in accordance with the laws of Norway. Any dispute shall be subject to the exclusive jurisdiction of the Courts of Norway.


Miscellaneous

All prior agreements, both oral and written, between the parties on the matters contained in this Agreement are expressly cancelled and superseded by this Agreement. Any amendments of or waivers relating to this Agreement or any Order must be in writing signed by both parties.


Third parties (including affiliates of Shippingcluster) that provide information, software or services to Shippingcluster or affiliates for use in providing the Services are intended third party beneficiaries of paragraphs 5 and 6.


Users may not assign or transfer this Agreement or any rights or obligations arising from it without the prior written consent of Shippingcluster; Shippingcluster shall be at liberty to assign both the benefit and burden of the Agreement to any third party.