Terms of Service

Published On June 07, 2021, • Paarou Inc.

This is an Agreement (“Agreement” or “Terms of Service”) between Paarou Inc., herein (“Paarou”, “we” or “us”), registered office in the state of Delaware is 651 N Broad St, Suite 206, in the city of Middletown, zip code 19709, and county of New Castle, United States and the entity agreeing to the terms herein (“Participant”, “You”, “you”, “User” or “Customer”). By using or accessing any part of the service or the cloud product, you agree that you have read, understand, and agree to be bound by all of this agreement terms and conditions. If you do not agree to all of this agreement terms and conditions, You must not use or access the service or the cloud product. If you are entering into this agreement on behalf of a company, or your employer or another entity, you represent and warrant that: (i) you have the full legal authority to bind such company, your employer or such entity to this agreement; (ii) you have read and understood this agreement; and (iii) you agree to this agreement on behalf of the party that you represent. If you don’t have the legal authority to bind the applicable company, your employer or the applicable entity, please do not use or access the service and do not click “I accept Terms and Conditions” (or similar button or checkbox) that is presented to you.  PLEASE NOTE THAT IF YOU SIGN UP OR REGISTER FOR THE SERVICE USING AN EMAIL ADDRESS FROM A COMPANY, YOUR EMPLOYER OR ANOTHER ENTITY, THEN (A) YOU WILL BE DEEMED TO REPRESENT SUCH PARTY, (B) YOUR CLICK TO ACCEPT WILL BIND THAT COMPANY, YOUR EMPLOYER OR THAT ENTITY TO THIS AGREEMENT, AND (C) THE WORD “YOU” IN THESE TERMS WILL REFER TO THAT COMPANY, YOUR EMPLOYER OR THAT ENTITY.

This agreement is effective as of the date you first click “I accept Terms and Conditions” (or similar button or checkbox) or use or access the service or the cloud product, whichever is earlier (the “Effective Date”). This agreement does not have to be signed in order to be binding. You indicate your assent to this agreement by clicking “I accept Terms and Conditions” (or similar button or checkbox) at the time you register for the service, create a service account, or place an order for No-Charge Services, Free Plan or No-Charge product, you also indicate your assent to this agreement by accessing or using the applicable No-Charge service, Free Plan or No-Charge Product.  

  1. Description of Service

Paarou provides a software as a web service, also referred to as cloud service, named Freight Collab (hereinafter referred as “Service”, “cloud product”, “platform”, “Freight Collab” or “Services”). The service is offered and provided subject to the terms and conditions of this agreement. The customer shall connect to the service using any internet browser or mobile application supported by the service. The customer is responsible for obtaining access to the internet and the equipment necessary to access the service.

Members refer to all users that agree to these terms and condition or use the service.

Freight Collab enables members to exchange information, documents, collaborate, make an agreement for the purpose of freight forwarding, logistics, shipping, transportation, packing, storage, consolidation, customs formalities, cargo handling and all activities that needed for the movement of goods (hereinafter referred as “freight forwarding activities” or “freight forwarding services”).

You’re solely responsible for any activity, business or agreement that you carried out with other members.

The collecting, usage, and sharing of your personal data as a visitor or user of services will be subject to the Paarou Privacy Policy (which includes our Cookie Policy and other documents referenced herein) and its updates.

By inviting other parties (member or non-member) to the platform or by accepting the invitation that you received from other members of the platform, you agree to do the below activities with the party that you have invited or the member that you confirmed its invitation for the purpose of freight forwarding activities.

  • Exchange (share, send and receive) information
  • Exchange (share, send and receive) documents like bills of lading, waybills, packing list, commercial invoice, certification of origin, certification of analyses, phytosanitary certificate, material safety data sheet (MSDS), other commercial, logistics and shipping documents.
  • Communicate (send and receive messages)
  • Make agreements.
  • Exchange offers (share, send and receive offers, rates and fees and their related terms and conditions)
  • Exchange (share, send and receive) financial documents like invoice, debit note, credit note, bank payment slips, cheques

The platform provides features for making agreements of freight forwarding activities between members.

The fee, charges, currencies, rates, the scope of offered activities, and terms and conditions of each agreement between members are defined and negotiated by the involved members. Paarou has no responsibility and no liability for any agreement between the members.

You can get two separate roles when you’re making agreements with other members:

  • 1- “Freight forwarder as a customer”: means you start a collaboration with other members by sending an enquiry for your required freight forwarding services.
  • 2- “Freight forwarder as a vendor”: means you receive an enquiry about freight forwarding activities from other members, so you offer your charges, fees, terms and conditions based on the received enquiry.

When you’re acting as a “Freight forwarder as a customer”:

  • You should clearly indicate the scope of freight forwarding services required and provide all necessary information and documents to the concerned “freight forwarder as a vendor” member.
  • You should check the fees, charges, currencies, validities, terms and conditions of offers and agreements you received from “freight forwarder as a vendor” members.
  • You indicate your assent to offers or agreements of freight forwarding services generated by a “freight forwarder as a vendor” members by clicking “I confirm” (or a similar button or checkbox)
  • You’re liable for paying any charges or fees based on any freight forwarding services offer or agreement that you assented to.

When you’re acting as a “freight forwarder as a vendor”:

  • You should clearly check the scope of freight forwarding services that “freight forwarder as a customer” required.
  • You should only offer your rates for a freight forwarding services enquiry if you have the capability of providing such freight forwarding services.
  • You should ensure the accuracy of the fees, charges, currencies, validities, terms and conditions of offers and agreements you’re sending to “freight forwarder as a customer” members.
  • You indicate your assent to offer or agreement of freight forwarding services that generated by you from the date that concerned “freight forwarder as a customer” member click “I confirm” (or similar button or checkbox)
  • You’re liable for performing the freight forwarding services based on offers or agreements that you assented.

The freight forwarding services offers and agreements that both parties “freight forwarder as a vendor” and “freight forwarder as a customer” assented in the platform do not have to be signed in order to be binding.

  1. Modification of Terms of Service

Paarou reserves the right to update and change the Terms of Service from time to time; an updated version will be published on the Freight collab website at Terms of Service. Any related support, additional Services, new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to this Terms of Service. You may terminate your use of the Services if the Terms are modified in a manner that substantially affects your rights in connection with the use of the Services. Your continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at terms of service on the Freight collab website.

  1. Restrictions on Use

In addition to all other terms and conditions of this agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the Services without prior written permission; (iii) use the Services for spamming and/or other illegal purposes; or (iv) reverse engineer or access the service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the service, or (c) copy any ideas, features, functions or graphics of the service. (V) use API or link to any other software or platform without written confirmation of Paarou.

In addition to the above:

It is prohibited to use the service for performing or arrangements of any freight forwarding activities, dealings, engagement, trading or sale of goods/services linked directly or indirectly with the U.S, EU and UN-sanctioned jurisdictions, sanctioned commodities, and also jurisdictions that Paarou has deemed high risks, such as Cuba, Iran, North Korea, Crimea Region, and Syria.

By registering with us and entering into this agreement, you are confirming that you will not use the service to perform freight forwarding activities, handling shipments, collaborate about freight forwarding activities or trade or sale of goods/services or accept payments in connection with the illegal businesses, illegal business activities, or illegal business practices.

Also, you accept that you’ll only use the service in compliance with all rules and regulations of the U.S, EU, UN, country of origin, country of destination and all countries that involved in the freight forwarding services, trade or sale of goods/services or movement of the goods.

In addition, you guarantee that you will use the service in compliance with all US, EU and UN and other requirements and orders with regard to embargo regulations and sanctions.

You indemnify and hold Paarou, its owners, its shareholders, its investors, its vendors, its subcontractors, its employees, its partners and agents harmless from, including but not limited to, all demands, claims, liabilities, actions and expenses, including legal expenses and attorney’s fees, which may arise or be connected with non-compliance, and you accept to pay all losses and expenses, including legal expenses and attorney’s fees, which may result from any breach of representation, warranty or agreement herein contained.

You are in possession of all clearances and licenses by the responsible authorities and agree to provide them to Paarou upon first demand. You will answer any additional related questions, and you will provide any documents for validation upon Paarou request.

The user agrees to receive notices and messages from Paarou or Freight Collab, either through notifications sent via the platform or its app or through other available means of contacts, such as email, phone numbers, or addresses. The contact information of the user must be kept up to date by the user.

Any information and content provided may be viewed, copied, and used by other members of the platform. At the sole discretion of Paarou, with or without notice, such information and content may be viewed, treated, and removed to maintain the proper functioning of the service.

  1. Payment, Refund, and Subscription Terms
  • A free plan with some limits is offered without the need for a credit card.
  • To upgrade the Services to a paid service plan, you must begin a paid subscription which requires a valid credit card. Enterprise customers may request a paper contract that includes alternate billing arrangements, including purchase orders.
  • The service is billed on a monthly and/or annual basis. In both cases, the amount billed is non-refundable. There will be no refunds or credits for partial months of service.
  • Each term shall automatically renew for subsequent periods of the same length as the initial term unless either party gives the other written notice of termination at least thirty (30) days prior to the expiration of the then-current term.
  • Information on the subscription options and charges for all paid Services is available on the pricing page of the Freight Collab website.
  • Paarou reserves the right to change the subscription fee from time to time.
  • In case of non-payment for any reason or any violation of these terms, Paarou shall be entitled – without liability – to immediately bar customer’s access to the service.
  1. Data ownership & privacy
  • Paarou does not own any customer data. The customer shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all customer data.
  • Paarou provides an automatic data backup for all customer data. This backup solution is built on top of the world’s leading cloud hosting providers like Microsoft Azure, Google, Inc., Amazon.com, Inc., and others. However, there might be rare occasions of data loss or failure to store or retrieve any data due to a defect in our software or the software used by the above-mentioned cloud service providers. In such cases, Paarou will restore the last backup data in mutual consultation with the customer.
  • Solely and only for the purpose of providing the services to you and other members and users of service, with respect to Paarou functionalities like backup, replication, high availability, caching for speed, performance, throughput, and various other functional and non-functional capabilities, you grant Paarou royalty-free, worldwide permission to access, copy, distribute, store, transmit, reformat, display and perform the content of your account.
  • You hereby consent that, Paarou may identify you as a Customer of the service (using your name and logo) and generally describe the products or services it provides to you in its promotional materials, presentations, media, press releases, and proposals to other current and prospective customers.
  1. General Account Terms
  • Access to the Service is only available to the customer and the Users to whom the customer grants access, subject to the customer making the applicable payments for the service under this agreement.
  • Usernames and passwords are personal and are to be considered part of the Confidential Information of Customer. The customer is at all times fully liable for all acts and omissions by Users to whom the customer has granted access and agrees to indemnify Paarou for all claims and losses related to such acts and omissions.
  • Customer may not use the service for any illegal or unauthorized purpose. Customer must not, in the use of the service, violate any laws in customer jurisdiction (including but not limited to copyright laws).
  • Paarou may make updates to the service from time to time as per market demands.
  • The customer is responsible for all taxes, and the customer will pay Paarou for the Services without any reduction for taxes. If Paarou is obligated to collect or pay taxes, the taxes will be invoiced to the customer.
  • Except as expressly set forth herein, this agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, the customer owns all Intellectual Property Rights in Customer Data, and Paarou owns all Intellectual Property Rights in the service.
  • When the customer pays Paarou via bank transfer, the necessary bank transfer charges should be borne by the customer. For avoidance of doubt, the total license fee payable should be credited to our account without any deductions.

You also agree to:

  • Keep your password safe and confidential.
  • Not share your user with anyone else;
  • Not transfer any part of your account;
  • Always provide truthful and accurate information in any cases
  • Not do any activity that violates intellectual property rights or any rights of others;
  • Use true company name, logo, your name and true information in your profile;
  • Not support, develop, or use software, scripts, devices, robots, or any other means or processes (including browser crawlers, plugins, and add-ons or any other technologies) to scan the Services or copy profiles and other data from the Services.
  • Not post content and messages that contain software viruses, computer worms or any other form of harmful code or links.
  1. Warranty and Disclaimer
  • Paarou is not responsible for any delays, delivery failures, or other damage resulting from limitations, delays, and other problems inherent in the use of the customer provided internet and electronic communications.
  • Except as otherwise provided herein, the service is provided on an “AS IS” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose or non-infringement.
  • Paarou takes reasonable care for virus protection and other harmful components; however, given the nature of virus evolution, Paarou makes no warranty that the service will be free of viruses or other harmful components.

Paarou makes no warranty that:

  • The service will be error-free or uninterrupted (including, without limitation, interruptions that occur in the context of regularly scheduled maintenance); however, when such errors or interruptions occur, Paarou will take reasonable efforts the rectify the errors and interruptions;
  • Any information or advice obtained by the customer in connection with the usage of the service for the fitment of its internal business purpose will be accurate or complete. Paarou’s employees and consultants make a best-case effort to provide the most relevant information to the customer, but Paarou would not be able to guarantee its accuracy or fitment for purpose; that should be decided by the customer by taking into account other factors that Paarou might not be privy to, the results of using the service will meet Customer requirements.
  1. Limitation of Liability

IN NO EVENT SHALL PAAROU BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PAAROU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PAAROU RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL PAAROU’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE LAST 3 MONTHS FEES PAID BY YOU TOWARDS SUCH SERVICE.

  1. Privacy Terms

At Paarou, we respect our customers and users need for online privacy and protect any personal information that may be shared with us in an appropriate manner. Paarou’s practice in regards to the use of customer personal information is detailed in our Privacy Policy Page, which you can find here.

  1. Governing Law & Jurisdiction

This agreement shall be governed by the laws of the State of Delaware, United States of America.

We are working tirelessly to bring future technology to the freight forwarding, shipping, and transportation industry.

Stay tuned.

Freight Collab – info@freightcollab.com 

Middletown, DE, USA, 19709

 

Copyright © 2022 Freight Collab by Paarou, Inc. All Rights Reserved.