Terms of use and transactions

The following Terms of Use and Transactions govern the use of the website cargominer.com (hereinafter referred to as the “Website”), its content in general, as well as the services provided by the company named Cargo & Freight Services Ltd. (“CFS Ltd.”, “we”, “us”) through the Website. Please read the Terms of Use and Transactions carefully before using our Services. We also strongly encourage you to regularly review the Terms of Use for any updates or amendments. We may revise the Conditions at any time by updating this posting. You should check the Site from time to time to review the current version of the Conditions because they are binding on you. Certain provisions in the Conditions may be superseded by expressly designated legal notices located on particular pages of the Site.

Any rights not expressly granted in these terms are reserved.

If you do not agree with the Terms of Use or the Privacy Policy, please DO NOT use the Website. 

  • GENERAL TERMS

    CONCEPTS
  • Where the terms “the company” or “the provider” or “the intermediary” are mentioned, this means the Company under the name Cargo & Freight Services Ltd, which is located in Thessaloniki, 26is Oktovriou Street, number 90, Postal Code GR-54627, tel. No. +30 2310 520 006, e-mail info@cargominer.com,GEMI [General Register] No. 137656106000, VAT number 800707787, member of the Thessaloniki Chamber of Commerce and Industry; and where the terms “website” or “platform” or “website-platform” are used, this means the software owned by Cargo & Freight Services Ltd, hosted at cargominer.com.
  • Where the term “user” is mentioned, this means the subscriber of the website, a natural or legal person.
  • Where the term “cargo” is mentioned, this means the offer or search or exchange of a contract of carriage.
  • Where the terms “carrier” or “supplier” or “agent” are used, this means the person undertaking the transport operation.
  • Where the terms “our services” or “platform services” or “website services” are used, this means the assignment of a freight transfer to the company or the supply of a truck to the company or the signing of contracts between the users and the website.
  • Where the terms “Terms of Use and Transactions”, or “Terms of Use”, or “Appendix” or “within”, this means this text where all terms and conditions of use of the Website are described in detail, as well as the obligations and rights deriving from such use. Therefore, the agreement between the company and the users completely binds the parties. No amendment to the agreement will be valid, unless it is incorporated in this text. This is governed by and supplemented by Greek, EU and international legislation. However, if any provision of this text conflicts with any provision of the law, it becomes invalid, however without affecting the validity of the other provisions and the agreement in general.

If you are a Transport Provider, you hereby agree that the Site is for shipping/transportation-related services only and that work that you provide will involve only transportation services. Except with our prior written agreement, you agree that you will not use your Membership as a means to market or sell any goods or other services unrelated to the Job.

It is the responsibility of the User to select a suitable Transport Provider for the provision of the Job and the responsibility of the User and the Transport Provider to negotiate the terms of the Transaction.

  • RIGHT TO REGISTRATION AND USE

You need to be over 18 years of age to use our website and our services. You must provide complete, true, accurate, and valid information upon registration, as well as keep all information up to date (when any amendment occurs) throughout the use of the platform.

Registration is not open to persons aged under 18. If you are Registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

Each Registration is for a single user only. We do not permit you to share your username and password with any other person nor with multiple users on a network. Furthermore, your Membership may not be transferred to a third party.

Responsibility for the security of any passwords issued rests with you and you are responsible for all actions taken with your username and password

  • REGISTRATION

Registration is completed by filling in the details of the natural or legal person. During the registration process and before it is completed, the prospective users need to upload the following supporting documents to the website.

1). For a natural or legal person offering cargo:

  1. a) Commercial company b) Company name c) VAT number d) Country e) Company statutes f) Contact telephone number g) Name of contact person h) VAT periodic payments
  2. In the case of a natural or legal person offering a truck:

(a) commercial company (b) company name (c) VAT number (d) country (e) company statutes (f) contact telephone number (g) name of contact person (h) VAT periodic payments (i) transportation license (j) insurance contract (k) CMR

  • VALIDITY OF DATA

Users are responsible for the validity of the information they provide to the site and for the protection of privacy of their User Name and Password. For any unauthorized use, user members need to notify the company immediately. The company is not responsible towards anyone regarding the validity and correctness of the data provided by the users. The company is not responsible for any inaccuracy, misstatement, falsification, or forgery of the above documents. In the case of the registration of a legal entity as a user, the name of the contact person and the full name of the legal person must be both stated. In the event of an amendment in the data, the user need to inform immediately the person responsible for data processing regarding the new data and/or to correct their updated data in their electronic account when this becomes possible.

  • CONSEQUENCES OF THE REGISTRATION – UNCONDITIONAL ACCEPTANCE

By registering on the platform, the user accepts unconditionally the terms of use described in this appendix, provides consent for the procedures of the website and gives their consent as described in detail below (Section B – Privacy Policy and GDPR). The terms of the website, as described in this appendix, are non-negotiable. The company reserves the right to modify the terms without notice. For this reason, it is recommended that users review the terms at regular intervals. User consent to the modified terms is considered as a given in case the users do not express immediately their opposing opinion and at the latest within one (1) month of the amendment. On the other hand, the terms and obligations that the user may have set for their contracting parties are not binding for the company, even if the company does not expressly oppose the terms.

  • PROVIDED SERVICES

 The services provided on this website-platform are the assignment of a cargo transfer to the company or the supply of a truck to the company, i.e. the signing of contracts between the users and the website-platform. The cargo offered to be transported and the trucks to be contracted by the company must be insured. In case of damage, the company does not have to pay any compensation to a user or other person.

  • USER OBLIGATIONS

Users are required to use the website in accordance with user principles, business ethics and bona fide. The use of the website must not be in conflict with Greek or EU legislation, nor with the relevant International Treaties. The company, the website-platform owner, is not responsible for any breach of obligations or for any misconduct between users, the full responsibility of which lies on the user. The company has the right to cease the access of users to the website in the event of a breach of the present terms, moral rights, commercial morals, bona fide, as well as Greek and EU law and relevant International Treaties.

  • BREACH OF TERMS OF USE

In the event that the company realizes there is a user violation of this document or the company receives a complaint from another user for the non-execution of a contract that was agreed upon via the website, the company then notifies the user concerned regarding the violation or protest and invites them to submit their views within five (5) days of the notification from the company to the user. If the above deadline passes or the company considers that the user is at fault, the company reserves the right to remove the user from the website and/or to take legal action against the user. In the event of a removal of a user, the transport price that was paid (for providers of cargo) is not reimbursed to the user, nor is the agreed transport price paid (for suppliers of trucks or carriers).

  • LOCAL RESPONSIBILITY

 For any dispute between the company and a user the competent courts are the courts of Thessaloniki, and the applicable law is Greek law.

  • PLATFORM USE

 Registration and use of the website-platform is free of charge. The right to use is non-transferable and unenforceable.

  • ACCESS

The Site is available from 9:00 –  17:00, from Monday to Friday 8 hours a day, we shall not be liable if, for any reason, the Site is unavailable at any time or for any period.

Access to the Site may be suspended temporarily and without notice in the case of a system failure, maintenance or repair or for any reasons beyond our control

  • NON COMPETITION CLAUSE

Any direct communication between the users, i.e. bypassing the platform, is explicitly forbidden after signing a transport contract or after executing a transport contract, even for other transports that might occur in the future. I.e. the company hereby sets a non-competition clause for all platform users, meaning its counterparties, and users accept it unconditionally once they become counterparties, meaning by their registration on the website. This clause creates an obligation for each user to avoid any kind of competitive activity against the company. Indicatively, each user is required to avoid the following: conducting individual competing actions at the expense of the company, exploiting, for their sole benefit, or for the benefit of a third party, and at the expense of the company, of any information received from or through the company, using the company’s clientele, that is to say other users of the platform, for whom the user was directly or indirectly informed through the website. Any attempt to bypass the platform, however indirect, is considered as a breach of the clause. In the event of a breach of this term, the company is entitled to compensation from each of the parties, which will be jointly liable. Users are required to inform the company, owner of the website-platform, in the case that they encounter a breach or attempted breach of the above clause by any user. Otherwise, as mentioned above, both will be held jointly liable.

PRIVACY POLICY AND GDPR

  • PERSON RESPONSIBLE FOR THE DATA

The website is in accordance with (EU) Regulation 2016/697 (GDPR) and the person responsible for data processing is: Eleni Chatzoudi and Magdalini Papadopoulou, tel.: 2310520006, email: info@cargominger.com.

  • CONSENT

By signing up, the user accepts the terms stated herein, explicitly consenting to the collection, storage and processing of their personal data. The user accepts that the processing of their personal data is necessary for the provision of services by the company, as well as for the conclusion and execution of contracts between the users. The user needs to provide accurate, valid, complete data as required in Section A, Paragraph 3 of this document. Documents that are valid for a limited period of time should be renewed and uploaded to the website as soon as possible.

  • STORAGE TIME FRAME

The above personal data is stored throughout the use of the website by the user, as well as for a period of six (6) months from the termination of any use of the website-platform by the user, or the termination of the provision of services from the company.

  • USER RIGHTS

Every user reserves the right to be properly informed regarding the processing of the data the user has provided to the company, the right of their unobstructed access to their data, the right to correct their data immediately when the latter are wrong, the right to delete their data whenever the user wishes to do so, and the right to transfer their data when they wish to do so, as well as the right to object when they consider that their data are being used improperly. The user may implement any of the above rights by sending an email to the person responsible for data processing.

  • DATA CONTENT AND DATA CONFIDENTIALITY

The above personal data is not visible to other users. The user bears the sole responsibility for the truth, accuracy and validity of the data they declare.

TERMINATION

We may, at our sole discretion, restrict or terminate your access to and/or use of the Site without prior notice where:

there is a regulatory or statutory change limiting our ability to provide access to the Site;

there is any event beyond our reasonable control preventing us from providing access to the Site (for example, and without limitation, technical difficulties, capacity problems and communications failures); or we consider that you are abusing the Site or are otherwise acting in violation of the Conditions. You do not otherwise use any trademarks owned by Cargo & Freight Services Ltd.  (whether these are registered or unregistered) which are displayed on the Site without our express written permission;

you do not link from a website that is not owned by you; and your website does not contain content that we, in our sole discretion, consider to be distasteful, offensive or controversial, in infringement of any intellectual property rights or other rights of any other person or which doesn’t otherwise comply with all applicable laws and regulations

  • COMPANY RESERVATION

 Upon the registration application, the user agrees explicitly to a solvency check by the company. The Company reserves the right to refuse to accept non-solvent potential users as users-subscribers; the company will, of course, inform any competent authorities if the company becomes aware of this in order to avoid any illegal activity.

  • WITHDRAWAL OF CONSENT

 The user may withdraw the consent for the collection, storage, and processing of data at any time by submitting a statement to the e-mail address of the person responsible for data processing, accompanied by a confirmatory telephone call on behalf of the user. Any statement of the withdrawal of the user’s consent results in the automatic termination of the agreement between the company and the user and the termination of service on behalf of the company. In the event of the withdrawal of a user’s consent, the user explicitly and unconditionally states that they are not entitled to a refund (if any), even if their subscription has not expired.

  • DATA USE

 The company does not send any user data in any way to any third party unless it is necessary to complete and execute the transport contracts and only to the extent necessary. The company collects and stores these data solely for communication, service, contract and customer management purposes. The company may e-mail commercial proposals regarding available cargo or trucks, unless you explicitly state your refusal when registering.

While we endeavor to ensure that the information on the Site is correct, we do not warrant the accuracy or completeness of the material on the Site. We may make changes to the material on the Site at any time and without notice. The material on the Site may be out of date, and we make no commitment to update such material.

The contents of the Site are provided “as is”, and we provide no warranties in respect of such contents. To the MAXIMUM extent permitted by law, Cargo & Freight Services Ltd. disclaims all warranties, whether express, implied, statutory or otherwise, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and those arising out of course of dealing, usage, or trade.

You are prohibited from posting or transmitting to or from the Site any material:

that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

for which you have not obtained all necessary licenses and/or approvals;

which constitutes or encourages conduct that would be considered a criminal offense, gives rise to civil liability, is otherwise unlawful or infringes the rights of any third party, in any country in the world; or

which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

You may not misuse the Site (including, without limitation, by hacking).

We will co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone posting any material in breach of this.

  • COOKIES, SESSIONS, PLUGINS

 The website may use cookies, sessions, and plugins. Upon registration, the user explicitly states that they consents to their use.

  • DATA PROCESSING

 By registering, the user consents to the processing of the data collected by the company for statistical purposes through Google Analytics and AdWords.

  • DATA SECURITY

User data is stored and used within the European Union. The company makes every effort and takes any necessary measures, to the extent possible, to protect each user’s data.

  • EXTERNAL LINKS – PORTALS

 The company is not responsible for any external links – portals that appear on the website – platform, regarding their content, the information displayed therein and the terms of use.

Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed any of such third party websites and do not control and are not responsible for their content, security or availability. We do not, therefore, endorse or make any representations about them, any material found there or any consequences of using such websites. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.

If you would like to link to the Site, you may do so only on the basis that you link to, but do not replicate, the home page of the Site, and subject to the following conditions:

you do not remove, distort or otherwise alter the size or appearance of any logos used by us on the Site;

you do not create a frame or any other browser or border environment around the Site;

you do not in any way imply that we are endorsing any products or services other than our own;

you do not misrepresent your relationship with us or present any other false information about it;

We expressly reserve the right to revoke the right granted in clause 8.2 for any or no reason and to take any action that we deem appropriate.

You shall fully indemnify us for any loss or damage that we may suffer for breach.

  • INTELLECTUAL PROPERTY

Information (images, graphics, photos, designs, texts, services, etc.) published on the website are the property of the company and its representatives and are protected by Greek, EU, and international copyright law. In the case that the company’s copyright and other exclusive rights are violated, the company is legally entitled to take any lawful action in accordance with the applicable law. The names “cargominer”, “Cargo Management Platform – Cargo & Freight Services Ltd”, and other brands appearing on the https://cargominer.com are trademarks of Cargo & Freight Services Ltd. Consequently, users accept that the reproduction, copying, sale, exploitation, and general use in any way, even in part, of the content of the website is expressly prohibited.

Trademarks of Cargo & Freight Services Ltd. may not be used in any way without the company’s permission. Cargominer.com software is the intellectual property of Cargo & Freight Services Ltd, patent filed. The user is not entitled to use the software and the information mentioned on the website in any way other than the purposes and ways defined herein. Any other products or business names mentioned herein may possibly be trademarks of their respective owners.

You are permitted to view, print and download extracts from the Site for your own use on the basis that:

no documents or related graphics on the Site are modified in any way;

no graphics on the Site are used separately from the corresponding text; and

our copyright notices and this permission notice appear in all copies.

Unless otherwise stated, the copyright and other intellectual property rights in all material on the Site (including, without limitation, photographs and graphical images) are owned by us or our licensors. Except as agreed otherwise, any use of extracts from the Site other than in accordance with  is prohibited, and if you breach your permission to use the Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site.

Subject to clause 1, no part of the Site may be reproduced or stored on any other website or included in any public or private electronic retrieval system or service without our prior written permission.

  • LIMITATION OF LIABILITY

To the extent permitted by law, in no event shall Cargo & Freight Services Ltd. have any liability to you for any indirect, special, incidental, punitive, or consequential damages (including for loss of profit, revenue, or data) arising out of or in connection with the Site, your use of the Site or this Agreement, however caused, and under whatever cause of action or theory of liability brought (including under any contract, negligence, indemnification or other tort theory of liability) even if advised of the possibility of such damages.  To the extent permitted by applicable law, Cargo & Freight Services Ltd. total cumulative liability to you or any third-party arising out of or in connection with the Site, your use of the Site or this Agreement, from all causes of action and all theories of liability, will be limited to and will not exceed the Fees paid by you to Cargo & Freight Services Ltd. in the payed period  preceding the claim.  The parties agree that this section represents a reasonable allocation of risk.

  • DISCLAIMER

To the maximum extent permitted by law, we hereby disclaim and you hereby waive any claims against us based on, relating to or arising from the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

loss of income or revenue;

loss of business;

loss of profits or contracts;

loss of anticipated savings;

loss of data;

loss of goodwill;

wasted management or office time;

any unauthorized person uses your username and/or password to access the Site with any result, including but not limited to making changes in authorizations;

the Site is totally or partially inoperative or inaccessible;

use of the Site;

viruses or other malicious software are transferred to your computer or other device by using the Site;

there are bugs, errors or inaccuracies in the Services or the results produced by the Site;

third-party content, actions or inactions on or with respect to the Site;

a suspension or other action taken with respect to your account by us;

deletion, corruption or destruction of any Your Data; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

  • GENERAL

You are solely responsible for compliance with local laws in connection with your use of the Site and, in particular, provision of transport services, if and to the extent local laws are applicable.

You warrant that it is legal for you to view the Site in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using its contents.