Terms and conditions
These general terms and conditions apply to all quotations, agreements, applications, information and services performed or offered/made available by 4Shipping, established in Krimpen aan den IJssel and registered with the Chamber of Commerce under number 58818529.
Article 1. Content of the agreement
4Shipping offers with its logistics platform(s) (hereinafter referred to as “app”) a digital place where those involved in the transport of cargo can come into contact with each other for transport orders, transport capacity, planning, document generation, communication and other transport-related matters. . The aim of 4Shipping is to make the organization of transport easier. Registered users can enter into agreements and exchange data with each other via the app. 4Shipping is neither a party nor an intermediary to these agreements and data exchange, but only makes the infrastructure available to the users for a fee for their use. The 4Shipping app consists of a web-based system. 4Shipping reserves the right to offer 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 only intended for transportation related companies.
2.2 If users want to use the 4Shipping app, they must register for this as well as accept the general terms and conditions and comply with all obligations arising from the registration agreement. The agreement between 4Shipping and the user regarding the use of the app is concluded after online registration and after confirmation by 4Shipping. 4Shipping reviews the registration before the user is granted access.
2.3 4Shipping reserves the right, without stating reasons, to block the conclusion of the registration agreement if this person or entity is not active in the transport sector, this person or entity is not in possession of a valid VAT and Chamber of Commerce number, or if it can reasonably be assumed that the registration of the relevant person or entity could be disadvantageous for 4Shipping and/or other registered persons.
2.4 During registration and when using the app, the registered party is responsible for truthful information, which is provided to 4Shipping and other users of the app.
2.6 The duration of the agreement is for an indefinite period. The registrant has the right to cancel the registration contract with 30 days’ notice. Provided that the registered party has fulfilled all obligations under the agreement. The cancellation of the registration contract must be made in writing. With the cancellation, the right to use the 4Shipping app also ends. The user undertakes, even after termination of the user agreement, to treat all information made known to him by the 4Shipping app in strict confidence and not to provide it to third parties or otherwise distribute it.
2.7 4Shipping reserves the right to dissolve the agreement with immediate effect and to block access to the app, if: a) the registered does not comply with the general terms and conditions, b) the registrant misuses the app or information within the app, c) suspension of payment or bankruptcy of the registrant has been requested, d) the user concludes contracts outside the app whose offer is published within the app, e) the registered person has not used the app for 12 months.
2.8 4Shipping has the full right to transfer its rights under the agreement with users to third parties, or to have the obligations performed by third parties. The registered person is not allowed to transfer the agreement to third parties without the prior written consent of 4Shipping.
2.9 The users are responsible for complying with and applying all applicable local, national and international laws, regulations, provisions and import duties, which are relevant in relation to the use of the app.
Article 3. Security
3.1 Each user user provides a password for his personal identification when registering. After access to the platform has been granted, the user can log in with his personal email address and given password. 4Shipping reserves the right to use alternative methods with the aim of improving security.
3.2 The user undertakes to keep his password as well as the data within the 4Shipping app secret and to protect it against infringement by (unauthorized) third parties, to prevent, for example, theft or unlawful use of the user’s access data, or the passing on of company data. (in particular transport orders, capacity offers or prices). If the user suspects abuse, the user must report this to 4Shipping.
3.3 The user or other persons are not allowed to log in with the username and password of other users. The user agrees to change his password regularly (at least once a year)
3.4 All users undertake not to manipulate 4Shipping and the app and not to place material and data in the app that could damage other computer systems, computer programs, data or information. Also, the infrastructure of 4Shipping or of other users may not be unnecessarily burdened with large amounts of data, which are not relevant for doing business.
Article 4. Liability
4.1 4Shipping is not liable for acts or omissions of users.
4.2 4Shipping is not liable for the information contained in the app or distributed through it, connected with or obtained by means of the app. The user is aware that a large part of the information in the app comes from third parties. Responsibility for this information rests with the mentioned third parties.
4.3 The registered party is aware that he/she is responsible for convincing himself/herself of the suitability and reliability of a (potential) contracting party, before agreements are made or transactions will take place.
4.4 When using the app, the registrant is responsible for truthful, correct, complete, and copyright or other rights-free information, which is provided to 4Shipping and other users of the app.
4.5 The registered carrier who acquires a deal through the app must carry out the transport by its own company. It is strictly forbidden to transfer the obligations arising from the agreement to third parties without written permission from the other party/shipper.
4.6 If the carrier makes a bid for a trip/transport, he hereby indicates that the obligations arising from the offer and the final agreement can and will perform for the stated price. As soon as the shipper reserves (the bid of) the carrier/submits the carrier, the carrier can no longer withdraw from the obligations if the shipper makes the transport agreement final.
4.7 If the carrier has made a bid and the shipper has not yet placed (the bid of) the carrier under the offer, the carrier may withdraw the bid if it is no longer able to meet the obligation at a certain point in time. The carrier is responsible for the timely withdrawal of the bid made if he can no longer meet the obligations (which may arise from the bid made).
4.8 The registered shipper must only reserve/submit the bid made for a transport order/journey (which he has published) if there is the intention to actually make the transport agreement final. If there is no intention to make the transport agreement final, it is therefore not permitted to reserve/place under bid (the offer of) the carrier.
4.9 In the event of disputes arising from the use of the app or information obtained through the app, the users must resolve and settle this dispute among themselves. 4Shipping can in such situations take sanctions and/or deny the user access to the app.
4.10 4Shipping has a best efforts obligation to guarantee the proper functioning of the app and to make it available. If problems nevertheless arise, the user must report this as soon as possible by telephone or e-mail. 4Shipping will then resolve the issues, with an urgency that depends on the type of issue.
4.11 4Shipping is not liable for direct, indirect or consequential damage that occurs to users through the use of the app, unless such damage is the result of demonstrable gross negligence on the part of 4Shipping.
4.12 If 4Shipping is held liable for whatever reason, the total amount of any compensation will in no case exceed the total amount paid by the registered party in the last six months before the date of the incident.
Article 5 Indemnification
5.1 In case of force majeure, 4Shipping is indemnified from its obligations. This includes DDos attacks, hacking, energy failure, telecom/internet failure, server failure, attacks, fire, wars, natural disasters, intervention by governments, etc.
5.2 4Shipping reserves the right to interrupt the availability of the app for maintenance work. With the exception of emergencies, these activities are performed outside normal office hours.
5.3 4Shipping does not guarantee services/transport availability of third parties that may be linked/connected to the app.
5.4 Users are solely responsible for data loss or damage to their systems caused by downloading (harmful) files, or by using material and data via the app.
5.5 If 4Shipping is granted by the user or partners access to systems and/or login accounts of the user, relation or third parties for maintenance or assistance, then the user/ relation is responsible for these activities.
5.6 4Shipping can change the functionalities, structure and user interfaces of the app at its sole discretion. These will then be introduced through new releases. A user cannot claim further developments that are implemented within the app.
Article 6 Costs
6.1 No fees will be charged for the registration, listing, search and bidding for travel. Costs will be charged for closing a final deal.
6.2 The costs for using the 4Shipping app are based on a commission of the transport deal made via the app. The current applicable costs are stated on the website www.4shipping.com. The usage costs of certain functionalities can also be charged in the form of a subscription, which information can also be found on the above website. Subscriptions are automatically and tacitly renewed. All prices mentioned are excl. VAT.
6.3 Users are not permitted to conclude an agreement regarding the transport order outside the 4Shipping app with information obtained from the app (and thereby circumvent payment of the mandatory commission).
6.4 Any user who circumvents, tries to circumvent or manipulates fees for the use of the app can be immediately and indefinitely excluded from use of the app by 4Shipping. The person who causes damage to 4Shipping through this circumvention, attempted circumvention or manipulation, is liable for the resulting damage and lost profit.
6.5 Invoices must be paid within 30 days of the invoice date or will be collected automatically within this period.
6.6 In the event of late payment of the amounts due, 4Shipping can charge interest for late payment at 10% above the base rate of the European Central Bank. 4Shipping reserves the right to claim a higher amount for applicable damages due to late payment.
6.7 Financial obligations or rights arising from the use of the app, such as transport orders, are not the responsibility of 4Shipping.
Article 7 Intellectual property
7.1 4Shipping grants the user only the user rights with regard to the app and the accompanying documentation. All rights with regard to the products and data contained in the app remain with the original rightful owner (insofar as they are not already granted by these general terms and conditions or must be granted for the realization of the jointly pursued purpose of the agreement).
7.2 The intellectual property of the app, software, databases, content/information in the app, composition and layout of the app and website are owned by 4Shipping. No part of the app and content and website may be published, distributed or made public in any way whatsoever without the prior written permission of 4Shipping and acknowledgment of the source.
7.3 The company name with logo has been registered.
Article 8 Final provision
8.1 This agreement is governed by Dutch law.
8.2 Insofar as not dictated otherwise by mandatory law, all disputes that may arise as a result of this agreement will be submitted to the competent Dutch court for the district of Rotterdam.
8.3 If any provision of this agreement proves to be invalid, this will not affect the validity of the entire agreement. In that case, the parties will determine (a) new provision(s) as a replacement, which will give shape to the intention of the original agreement and these general terms and conditions as much as is legally possible.
8.4 In these terms and conditions, “in writing” also includes e-mail, provided the identity and integrity of the e-mail is sufficiently established.
8.5 The version of any communication received or stored by 4Shipping is considered to be authentic, subject to proof to the contrary to be provided by the registered/customer.
8.6 The parties will inform each other immediately in writing of any change in name, postal address, e-mail address, telephone number and bank or giro number.
8.7 Each party is only entitled to transfer its rights and obligations under the agreement or these general terms and conditions to a third party with the prior written consent of the other party. However, this consent is not necessary in the event of a transfer of all rights and obligations to a parent, sister or subsidiary company or, in the case of 4Shipping, to a third party that takes over the relevant business activities from it.
8.8 4Shipping informs the users about changes to the general terms and conditions by e-mail, letter or in the app.
8.9 If there are (interpretation) differences between the various language versions of the general terms and conditions, privacy regulations or cookie statement, the Dutch versions will prevail.