IMPORTANT – READ CAREFULLY BEFORE YOU USE THE PLATFORM:

These terms of use are a legal agreement between you (a User) and Shipex. By clicking on “I agree”, accessing or otherwise using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, then you are not allowed to use or otherwise access the Platform and Shipex does not grant you a license to use the Platform.

1. DEFINITIONS

The following definitions shall apply in these Terms regardless of whether they are used in their plural or singular form:

“Documentation” means any user guides that Shipex might make available to you in connection with the Platform (and as may be updated from time to time).

“Intellectual Property Rights” means (non-exhaustive list) patents, trademarks, copyrights, rights in software programs (both in object code and source code), design rights, database rights, proprietary rights in know-how, business names, trade names, rights in confidential information (including without limitation know-how and trade secrets) and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of the afore listed which may subsist anywhere in the world, and any other intellectual or industrial property rights in any country and any existing or future applications for or registrations of such rights.

“Organization” means the legal entity for which you are employed, act as a freelancer or otherwise work for, being, as the context requires, either Shipex or a client or transport partner of Shipex.

“Terms” means these terms of use, as may be amended from time to time by Shipex.

“Platform” means the online application developed, operated, proprietary owned and maintained by Shipex, which aims at offering a communication tool to track and trace the shipment process of freights.

“Shipex” means Shipex NV, having its offices at IJzerlaan 54/002, 2060 Antwerp, Belgium and with company number 0423.055.897.

“User” or “you” means the individual accessing and using the Platform. You will typically be an employee, officer, freelancer, contractor or consultant of Shipex or of a client, partner or subcontractor of Shipex or its clients.

“User Role” means one of the various roles assigned to a User. Each User Role may include different access rights and authorizations in the Platform. Please contact us or your Organization for more information about the specific access rights and authorizations granted to a specific User Role.

2. GENERAL & SCOPE

These Terms are applicable to your use of the Platform and describe your rights and obligations with regard to the Platform, Documentation and related services.

3. LICENSE GRANT

Shipex grants you a restricted, personal, revocable, non-exclusive, non-transferable, limited license (without the right to sub-license) to access and use the Platform, in accordance with these Terms and the Documentation. This license is granted to you solely for the purposes of facilitating your duties towards your Organization and you may not use the Platform for any other purposes.

4. USE OF THE PLATFORM

4.1 Registration and account details

You can only use the Platform after registration of a personal user account. Upon invitation by your Organization, your personal user account will be created by Shipex or your Organization.

Please contact support@shipex.be if you encounter any issues during the registration process. Your account is personal and you must keep your account details (such as your username and password) safe and you may not disclose them to third parties.

4.2 User obligations

While using the Platform, you are obliged to:

• comply with these Terms, the Documentation and any additional instructions provided by Shipex from time to time;
• comply with any applicable local, national or international regulations, laws and implementing acts;
• use the Platform only in accordance with the User Role that has been assigned to you;
• behave respectfully towards others; and
• refrain from publishing or otherwise disseminating harmful or defamatory information with respect to the Platform or Shipex.

4.3 Use restrictions

While using the Platform, you may not (directly or indirectly):

• use the Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms;
• act fraudulently or maliciously (for example, by hacking into the Platform or inserting malicious code, such as viruses or harmful data, into the Platform or any operating system);
• use the Platform to distribute any form of spam or unwanted (non-)commercial information;
• violate privacy and data protection rights of other Users or try to collect personal data of other Users either manually or automatically by using a ‘robot’, ‘spider’, ‘crawler’, search or retrieval applications, or by using any other (automatic) tools, processes or methods to access the Platform and any data or information;
• use the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users;
• collect or harvest any information or data from the Platform or our systems or attempt to decipher any transmissions to or from the servers running the Platform;
• impersonate as another person or entity;
• try to access an account from another person;
• distribute fake information via the Platform;
• transmit any information or data that can be regarded as offensive, disrespectful, insulting, defamatory, threatening, obscene, racist, sexual or otherwise objectionable.

5. OWNERSHIP OF THE PLATFORM

All Intellectual Property Rights vested in the Platform, the Documentation and related services are the sole and exclusive property of Shipex (or its licensors) and are protected by the applicable copyrights and other applicable Intellectual Property Rights in accordance with local, national and international legislation. Shipex does not grant you any other rights to the Platform and Documentation than granted pursuant these Terms. The rights in the Platform and Documentation described in these Terms are licensed (not sold) to you and you shall not in any way acquire any title, rights of ownership, copyrights, Intellectual Property Rights or other proprietary rights of whatever nature in the Platform or the Documentation.

Except as otherwise provided in these Terms, you shall not (directly or indirectly):

• arrange or create derivative works based on the Platform or Documentation;
• assign, distribute, sub-license, transfer, sell, lease, rent out the Platform or Documentation on behalf of any third party or make them available to any third party, nor allow or permit any third party to do any of the same;
• modify, alter, copy, duplicate, reverse engineer, decompile, disassemble, record or otherwise reproduce the Platform, the Documentation or any part of them;
• remove or alter any copyright or other proprietary notice on the Platform or Documentation;

6. THIRD PARTY COMPONENTS

The Platform contains and uses programs, libraries & software developed by third parties (“Third Party Software”). We make use of such Third Party Software in order to speed up development, ensure security and increase the quality of service of the Platform. The User agrees that Shipex cannot be held liable for any damage, loss of service or quality issue that is caused by Third Party Software.

7. SUPPORT

For support related matters, you should in first instance contact your Organization (or the person assigned by your Organization).

8. AVAILABILITY

Shipex will make commercially reasonable efforts to ensure the continued availability of the Platform.

However, Shipex does not guarantee that the Platform shall be accessible or available at any time, any place or on any User device. The Platform may for example not be available during periods of maintenance carried out by Shipex or its hosting provider (which can be either planned or unplanned).

If feasible, maintenance by Shipex shall be carried out outside of regular business hours and Shipex shall inform you as soon as reasonably possible of any such maintenance or unavailability.

9. MODIFICATIONS TO THE PLATFORM

Shipex reserves the right to modify or update the Platform from time to time to improve performance, enhance functionalities, reflect changes to the operating system or address security issues.

10. WARRANTIES

The Platform, Documentation and related services are made available to you “as is”. Shipex disclaims all warranties of any kind, either express or implied, including but not limited to warranties that the Platform will be without defect or error free, warranties of accuracy or completeness of data, availability, merchantability and fitness for a particular purpose, or non-infringement with respect to the Platform and the accompanying Documentation.

You represent and warrant to Shipex  that any user data provided by you is accurate and truthful and that the user data shall not (i) infringe any intellectual property rights of third parties, (ii) be deceptive, defamatory, or unlawful; (iii) contain any viruses, worms or other malicious computer programming codes intended to damage Shipex’ system or data; or (iv) otherwise violate the rights of a third party. You acknowledge and agree that Shipex is not obligated to back up any information stored on your account. You agree that any use of the Platform contrary to or in violation of these representations and warranties shall constitute unauthorized and improper use of the Platform for which Shipex’ cannot be held liable.

11. LIMITATION OF LIABILITY

Subject to the maximum extent permitted under applicable law and the below paragraphs, Shipex shall only be liable for direct damages caused by Shipex that were foreseeable and Shipex’ maximum liability per claim shall not exceed the amount of 1.000 EUR.

Subject to the maximum extent permitted by law, Shipex shall not be liable to you for any indirect, punitive, special, consequential, or similar damage (including damages for loss of profit, lost revenue, loss of business, loss of corruption of data, loss of goodwill, and reputational damage, (potential) investments and costs of restoring data) arising or incurred due to the usage of the Platform.

In any case, Shipex shall not be liable for damages caused by you, your Organization or any third parties (including third party service providers).

12. PRIVACY AND DATA PROTECTION

During your use of the Platform Shipex collects and processes personal data. To learn more about our use of your personal data in our capacity as data controller and how Shipex protects your personal data, please read our privacy notice (available on our website).

13. CONFIDENTIALITY

You shall treat as confidential, protect and keep secret all confidential information relating to Shipex (including but not limited to any visuals, forms, data extracts, reports, report forms or any other Platform output materials), the Platform and related Documentation and shall not disclose it to any third party. You shall not use any confidential information disclosed under these Terms for any purpose other than as required to enjoy your rights under these Terms or for the performance of your obligations under these Terms.

The obligations set out in this clause shall enter into force as from the start of your usage or access to the Platform and shall survive during five (5) years after your last usage of or access to the Platform.

14. CHANGE OF TERMS

Shipex reserves the right to change these Terms from time to time (e.g. to reflect changes in applicable law, best practices or to deal with additional feature(s) which it may introduce).

Any change to these Terms will be notified to you by email or advised to you on your next log-in to the Platform, ten (10) days prior to entering into force, unless the change is needed to comply with applicable law (in which case, the change may be enforced immediately). The date of the most recent version of these Terms is shown at the bottom of these Terms. Please review these Terms periodically to stay informed of changes that may affect you.

By accessing or otherwise using the Platform after the Terms have been changed in accordance with this clause, you agree to be bound by the amended Terms. If you do not agree with any of the amended Terms, you will have no right to access and use the Platform.

15. TERM & TERMINATION

These Terms shall apply for as long as you maintain your account in the Platform.

If you do not comply with these Terms, Shipex reserves the right to immediately terminate (or alternatively, at Shipex’ discretion, suspend) your access to the Platform, without any formalities being required and without prejudice to any other rights Shipex may have under applicable law.

In addition, your access to the Platform may be refused in the following circumstances:

• if you discontinue to work for the Organization by whom you were authorized to use the Platform (for whatever reason);
• if your Organization has terminated your account;
• if the agreement between Shipex and your Organization terminates or expires.

The provisions of these Terms that are expressly or implicitly intended to survive termination, shall survive, including without limitation, the provisions relating to Intellectual Property Rights and limitation of liability.

16. CONTACT

Please contact support@shipex.be if you have questions with respect to these Terms.

17. MISCELLANEOUS

Shipex is not responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by force majeure (such as, without limitation, internet failures, electricity outages, disruption of data network or telecommunication facilities, unavailability of servers, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections or force majeure on the part of third party service providers). In such case Shipex will inform you as soon as possible and shall undertake such steps to minimize the effects of the force majeure event.

Without written approval of Shipex, you may not transfer your rights or your obligations under these Terms to another person. Shipex may assign, transfer and/or subcontract the rights and obligations under these Terms to third parties.

If any provision of these Terms is held to be unenforceable (in whole or in part), the other provisions shall nevertheless continue in full force and effect. The provisions found to be unenforceable shall be enforceable to the full extent permitted by applicable law.

These Terms may be waived only by a written document signed by the party entitled to the benefits of one or more provisions of these Terms. No such waiver or consent shall be deemed to be or shall constitute a waiver or consent with respect to any other terms or conditions, whether or not similar. Each such waiver or consent shall be effective only in the specific instance and for the purpose for which it was given, and shall not constitute a continuing waiver or consent.

18. CHOICE OF LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of Belgium and the Parties hereto submit to the exclusive jurisdiction of the courts of Antwerp (Antwerp division), Belgium, without prejudice to the consumer’s right to submit a dispute before a competent court on the basis of a mandatory legal provision.

Last updated:  21 November 2024