TERMS AND CONDITIONS
Last updated on and effective as of 28.02.2023.
Welcome to our Terms and Conditions!
Our Website located at https://klevercargo.com/. is in the ownership of KleverCargo Innovation B.V., with the registered seat at Veemkade 328 1019 HD, Amsterdam, the Netherlands, CIN: 88739716, TIN: NL864758546B01, (hereinafter: Company, we, us or KleverCargo).
In case you do not agree with any content below, please stop using our Website immediately.
- 1. Defined terms
- 2. Intellectual property
- 3. Our name and logo
- 4. Third-party Websites
- 5. Disclaimer
- 6. Modifications of Website and Terms and Conditions
- 7. Severability and entire agreement
- 8. Applicable law and Dispute resolution
- 9. Reach out to us
- 10. Subscription and payment
1. Defined terms
In the Agreement, the listed terms will have the following meaning:
Term: Third-Party Website
Meaning: External website - any website referred to or accessed through Website, which is owned by another legal or natural person.
Meaning: The terms that govern the use of the Platform together with the corresponding policies.
Meaning: The website owned by KleverCargo, located at https://klevercargo.com/.
Meaning: KleverCargo Innovation B.V., with the registered seat at Veemkade 328 1019 HD, Amsterdam, the Netherlands, CIN: 88739716, TIN: NL864758546B01.
Meaning: Any person who has access to or uses our Website.
2. Intellectual property
Website and its entire content, which includes text, graphics, logos, button icons, images, audio clips, etc., is owned and protected by us, or a third party who licensed us the right to use such content.
Any unauthorized use, without our permission, shall be deemed an infringement of intellectual property rights, and we shall take all legal remedies to protect our intellectual property rights immediately upon the knowledge of such infringement.
3. Our name and logo
We are the sole owner of our logo and we reserve the right to prohibit its use by any third party.
4. Third-Party Websites
We do not carry responsibility for any information originating from another service provider accessed through the link on our Website.
The fact that the links to Third-Party Websites are placed on our Website does not in any way imply that we recommend or approve services or products offered through such websites.
Any information and other content included or otherwise made available through our Website are provided on an “as is” and “as available” basis, free of charge and for informational purposes only.
We attempt to ensure that all the information provided is correct at the time of publication. However, such information shall not be relied upon and we do not guarantee its accuracy, timeliness, completeness, performance, or fitness for a particular purpose. We do not accept any liability for any error, omission, inaccuracy, or any other damages arising from the use of the information and other content available on our Website.
We do not guarantee that the Website or any information and content on it will be uninterrupted or error-free or that any existing irregularities will be rectified. Any liability resulting from or related to the information used and the Website content, or any links contained on our Website, is excluded.
In case you require advice or services on a specific matter, you may contact us directly by email, at: firstname.lastname@example.org.
6. Modifications of Website and Terms and Conditions
KleverCargo reserves the right to update our Website from time to time without notifying you. The changes may include amending the content, discontinuing, or withdrawing any part of the Website. Therefore, in those situations, our Website may be temporarily unavailable for use.
Please review our Terms and Conditions occasionally. Any changes shall enter into force upon their publishing on our Website. The current version of our Terms and Conditions can be reviewed by clicking on the “Terms and Conditions” button located at the footer of our Website. If you continue with the use of the Website once any such change is made, it shall be deemed that you have accepted such changes.
In case you disagree with any of the changes of the Agreement, please stop using this Website immediately.
7. Severability and entire agreement
If any provision of the Agreement is found to be invalid by any court having competent jurisdiction, that shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect.
In case any provision of this Agreement violates any mandatory rule of the applicable law, resulting in such a provision being void, such provision shall be deemed to have been amended, in that particular respect in which it is void so that it is compliant with the law. Such amendments shall retain as much of their original meaning as possible, and their extent shall be limited to the minimum necessary to make the Agreement valid.
This Agreement, including all the eventual amendments, represents the entire agreement between you and KleverCargo with respect to the subject matter hereof, and it shall supersede all prior written or oral understandings and agreements between you and KleverCargo.
In case of a disagreement between the provisions of this Agreement and any understanding, statement, representation, information, the content available on our Website, or other data contained in any other material and correspondence between you and KleverCargo, this Agreement shall prevail.
8. Applicable law and Dispute resolution
This Agreement and any matter or dispute arising out of or related to the subject matter of the Agreement shall be governed, construed, and enforced in accordance with the laws of the Netherlands, excluding the conflict of laws rules.
Any dispute arising out of this Agreement shall be settled by the competent court at the seat of the owner of the Website.
9. Reach out to us
In case you have a question regarding our Website, please contact us via our general contact email address: email@example.com.
10. SUBSCRIPTION AND PAYMENT
Upon creating a Client Account via KleverCargo Platform you will be able to subscribe in accordance with the applicable Standard plans or Pay as You Go plan.
Anyone who subscribes to any Standard plan or chooses Pay as You Go plan or anyone who permits or causes another person to make an order on their behalf will be liable for the payment arising from such a plan. The same rules will apply to anyone who permits himself to be designated as a payer for any plan.
Standard plans for KleverCargo Platform are charged monthly or yearly, as chosen upon subscription. Standard plans are auto-renewable.
Please note that if you choose one of the Standard Plans, one subscription applies to one Employee within your Company. One subscription covers an unlimited number of devices per Employee under one legal entity. You can have users that are off Standard plans, but they will be billed per Pay As You Go plan if they close an Agreement on your behalf, i.e. your Company’s behalf.
If you choose Pay as You Go plan you, as a service provider (transport or warehouse) will be paying a small fee upon every Agreement for every business deal you make via Platform. While in Standard plans you will be paying a monthly/yearly subscription that covers your endless number of closed business deals and signed Agreements.
Prices set out in the Standard plans and Pay as You Go plan are subject to change at any time. Any price may change at any time and will become binding on the Client provided that KleverCargo has sent 10-days-period-notice.
Such notice may be sent to a Client by email to your most recently provided email address or posted on KleverCargo Platform or by any other manner chosen by KleverCargo in its commercially reasonable discretion. You will be deemed to have received any such notice that is posted on KleverCargo Platform on the day following the date it was posted.
Please note that KleverCargo’s right to the fee is not related, or in any manner connected, with the Buyer’s obligation to pay the price to the Provider pursuant to the Agreement nor will KleverCargo’s right to collect the fee depend on the fact whether the Provider acctually got paid for the Client Service.
For more information about the available plans, please visit our Pricing page and FAQ section.
General. Anyone who subscribed to Service or anyone who has permitted or caused another person to make a subscription on their behalf is deemed to have agreed to and accepted liability for the payments under such plan.The payment of the Service shall be made before the commencement of the subscription term for Standard plans. If you choose Pay as You Go plan, your payment will be due within _7__ days from the date you concluded an Agreement via KleverCargo Platform.
KleverCargo is not responsible for the processing of the Client’s payment and shall not be liable for any matter in connection therewith.
Please note that in case the chosen plan includes a recurring payment of a fee, unless the Client notifies us before the payment has been made that Client wishes to cancel/does not want to automatically renew the subscription, such subscription shall automatically continue and it shall be deemed that the Client has authorized us (without notice to the Client, unless required by the applicable law), to collect the then-applicable fees and taxes using any payment instrument of Client’s we have previously collected.
All sums payable to KleverCargo hereunder shall be paid in full, without deducting or allowing the deduction of any currency conversion, wire transfer, remittance, applicable tax, or other charges related to the payment. All fees for our Service are exclusive of any VAT or other taxes and public duties, save where KleverCargo has explicitly stated to the contrary. Each Client is responsible to bear all public duties related to the purchase of Service. Please note that VAT/GST will be calculated and charged automatically upon payment.
Client hereby authorizes KleverCargo to charge to respective Client Account, and Client agrees to pay all such fees in accordance with TOU.
Billing Data. Client is obliged to keep all the billing data complete and accurate at all times (such as a change in billing address, credit card number, or credit card expiration date) and must promptly change its billing data via KleverCargo Platform or inform KleverCargo by sending an email to firstname.lastname@example.org in case of changes in the payment methods, as well as if the Client becomes aware of a potential security breach, such as the unauthorized disclosure or use of name or password. In case of, for instance, loss or theft of the payment instrument, the Client is also obliged to inform its bank. If the Client fails to provide any of the foregoing information, the Client agrees that Provider may continue charging for any use of Service unless Client has terminated Contract in accordance with the Contract.
In case the Client’s default payment instrument is declined for any reason, we may deny access to KleverCargo Platform immediately.
No Refunds. Fees paid for our Service are non-refundable. In case Contract or Standard plan is terminated or varied within a certain billing period, the Client shall not be entitled to any refund concerning that billing period. Any payments paid for the future billing periods will not be refunded unless Parties explicitly agree otherwise.
The Client understands that Client shall not be entitled to any refund in case Client stops using the Service. In case the Client does not use our Service, we would kindly ask to cancel the subscription to any Standard plan and switch to Pay as You Go plan.
Upgrading or Downgrading plans
In case Client wishes to upgrade or downgrade the chosen plan before the expiry of the then-current subscription term (to the extent applicable), please file the request via Platform or contact us at email@example.com Please note that termination prior to the expiration of the subscription term does not entitle you to any refund of the paid fees.
Any Client using the Platform may upgrade the chosen plan at any time. Upgrading to the chosen plan shall mean switching from monthly to yearly Standard plan or from Pay as You Go to any Standard plan.
If you choose to upgrade from Pay as You Go to any Standard plan, such upgrade will be possible only if you have previously covered all due fees for previously closed Agreements.
Any Client using the Platform may downgrade the chosen plan at any time. Downgrading the chosen plan shall mean switching from any Standard plan to Pay as You Go plan or from yearly to monthly Standard plan.
Cancelling the Standard plan and downgrading to the Pay as You Go plan can be done via Client Account. The current plan shall be cancelled/downgraded upon the expiration of the then-current subscription term.
Please note that if you have a problem with the execution of the Agreement, or if you encounter any problems with payment, you can report it to us via firstname.lastname@example.org