The following Terms of Use (“TOU”) govern all use of the http://nestcargo.com website (“Website”) and also http://app.nestcargo.com application (“Webapp”) and all content and services available by Nestcargo (“Nestcargo”, “we”, “us”, “our”) at or through the Website and the App (collectively “Services”). The Website, Webapp and Services are owned and operated by Truckbird P.C., a company incorporated in Greece, with headquarters at 19 Akropoleos Street, Dafni, Greece 17234 (“Truckbird”).
You must be over 18 years old in order to use our Services. Our Services are offered subject to your acceptance without modification of all of the TOU contained herein and all other operating rules, policies and procedures that may be published from time to time on this Website by Nestcargo.
Please read the TOU carefully before accessing our Services. By subscribing to our newsletter or by registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Website and/or by clicking to accept or agree to the TOU when this option is made available to you, you accept and agree to be bound and abide by the TOU, our Pricing Policy, found here, our Privacy Policy, found here, incorporated herein by reference and all other operating rules, policies and procedures that we may publish from time to time on the Website. We encourage you to review the Website and these TOU periodically for any updates or changes. If you do not want to agree to these TOU or the Privacy Policy, you must not access or use the Website.
Via our online platform (“Platform”), carriers and freight forwarding companies (“Carriers”, “you”) can connect with importing and exporting businesses and any other kind of shippers (collectively “Shippers”) that need to transfer cargoes (“Shipments”) and are looking for transport services via ground, sea or air transportation means or by a combination thereof. Shippers can upload their Shipments on our Platform and Carriers may submit their quote (“Offer”) in case they are interested to contract with the Shipper and carry out the transportation, taking into account the Carriers’ availability and route planning.
Registration is required for the use of our Services. Only registered Carriers have access to the Shipments uploaded by Shippers on our Platform and submit an Offer. You can register through our Website by filling in a registration form. During the registration process, you have to provide us with the following information:
Nestcargo reserves the right to reject any registration request at its sole discretion.
Once we receive your registration application, we will call you to obtain your Company’s VAT number. Then, we will create an account (“Account”) for you at the Webapp and we will e-mail you a link to activate your Account. Once you access the link, you will be asked to enter a password and accept these TOU. Once you complete activation, and you will be able to create your profile (“Profile”).
You will be asked to provide further the following information:
You will also be asked to upload the following documents:
Each Account is personal and non transferable. Your rights and obligations to Nestcargo are non transferable either. You are responsible for maintaining the security of your password and Account. You are fully responsible for all activities that occur under this Account and any other actions taken in connection with this Account. You must immediately notify Nestcargo at info@nestcargo.com regarding any unauthorized uses of your Account or any other breaches of security. Nestcargo will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
To prevent fraud and abuse, Carriers are limited to one active Account. Any additional Accounts that are created to circumvent guidelines, promote competitive advantages, or mislead the Nestcargo community shall be disabled. Mass Account creation may result in disabling of all the related Accounts.
Once you register and complete your basic profile information in your Account, you have access to our Platform and to all the uploaded Shipments. If you click on each Shipment, you can see all the details concerning the cargo and also the name of the Shipper who has registered the Shipment.
We make all reasonable efforts to request and obtain verification regarding the Shippers’ identity. Nevertheless, we do not provide any guarantees for the truth and/or the accuracy of the information provided by the Shippers and we are not in any way liable for any misrepresentation for a Shipper’s identity. Any references in our Website to a Shipper being “verified” or similar language, only indicate that the Shipper has completed a verification process (Nestcargo verifies that the Carrier company’s name matches its VAT number). We do not provide any endorsement nor guarantee for the Shippers’ ability to send cargoes, their reliability, their proper business conduct and/or their ability to pay for any services provided by you.
Nestcargo expressly prohibits the upload of any Shipment and the conclusion of any agreement related to cargoes the transfer of which infringes laws, good morals and commercial practices or any of these TOU or cargoes that are: a) stolen goods, b) drugs and other psychotropic substances and products suitable for the creation of these substances, c) radioactive and poisonous substances and any kind of chemicals dangerous for health d) explosives and fireworks, e) war and military equipment and weapons of any kind, f) human organs and parts, g) protected animals or plants and h) pornographic material. Nestcargo reserves the right to include without limitation further types of prohibited cargoes.
It is within the Carriers sole responsibility to inspect the cargo before loading it and ensure that it does not contain any prohibited item pursuant to these TOU or to the local laws. Nestcargo bears no liability in the event that a Carrier ships prohibited cargo.
Furthermore Nestcargo cannot in any case guarantee that a Shipper has the right to transfer a cargo and/or that he provides truthful and accurate information regarding the cargo and/or that there are no typographical errors regarding the cargo’s information and/or that the transfer of his cargo is lawful. We therefore recommend that you always exercise your own due diligence and care when deciding to undertake a Shipment.
Every time a Shipment is uploaded by a Shipper on the Platform and it is corresponding to your preferences – according to the criteria you have set during the Account creation process - you will receive a notification e-mail from us. Any such notification or recommendation made by Nestcargo for any particular Shipment should not be construed as a guarantee about Shipper’s reliability or that the Shipper will accept your Offer but only as an indication/suggestion for you to submit a Quote.
You can submit your Offer for each Shipment that you are interested to carry out. You must be legally able to perform the transport for the Shipments.
By submitting your Offer, you acknowledge that you enter into a contract with the Shipper and you agree to perform the Shipment as described in the Platform by the Shipper and under the Shipper’s terms unless you specifically describe your own terms alongside with your Offer. Your Offer shall be in Euros and/or US dollars and must not include VAT. However, your Offer shall include all of your fees and expenses, i.e. the total amount that you will charge the Shipper for your services. You cannot charge Shipper for any additional amount that was not included in your initial Offer. In the event that you charge extra fees that are not included in your Offer, we reserve the right to suspend or cancel your Account. Once you post your Offer, you cannot revoke or amend it.
You can make only one Offer through your Account. You agree that you will not make Offers from different Accounts and you will not direct other registered Carriers to submit Offers on your behalf. In case we become aware of such actions or of any action aiming to manipulate the price and cause market distortion, we reserve the right to suspend or cancel your Account.
The Shipper to whom your Offer is directed, shall have access to all the information available in your profile and to all the reviews that other Shippers have posted about your services. Your Offer shall be visible to other Carriers and Shippers, but your identity shall not be revealed.
You agree that Nestcargo shall not be liable in the event that due to technical issues your Offer is not submitted on time or it is submitted incorrectly.
The Shipper can accept only one Offer. Nestcargo does not take any part in that selection process, nor endorses any particular Offer. If the Shipper accepts your Offer, you automatically enter into a carriage agreement (“Carriage Agreement”) with the Shipper on the terms and conditions set forth in the Shipment post and the Offer respectively, so long as those terms and conditions are not unlawful or in violation of these TOU. We will send a confirmation e-mail to you and Shipper regarding the Carriage Agreement. In this e-mail we will provide you with each others’ contact details, in order to communicate directly regarding the details of the Carriage Agreement and payment terms. Both Carriers and Shippers have no right to use such contact details for any other reason other than the execution of the Carriage Agreement via our Platform.
Execution of the Carriage Agreement must take place via our Platform. If the Carrier and Shipper decide to bypass Nestcargo’s Platform and processes, we reserve the right to terminate their Accounts.
Nestcargo is not a transportation service provider, transport company, freight forwarder or broker. Our Website and Webapp act as a neutral venue, a connecting platform, where Shippers and Carriers can enter into agreements. You acknowledge and agree that we are not a party in the Carriage Agreement and we are not in any case involved in the actual transaction between you and the Shippers. We are not responsible nor guarantee the proper execution of the Carriage Agreement and/or for any quality, safety, or legal issues that may arise between you and the Shippers during or after the execution of the Carriage Agreement. NESTCARGO HAS NO INVOLVEMENT IN THE EXECUTION OF THE CARRIAGE AGREEMENT WHATSOEVER AND DISCLAIMS ANY LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree that it is yours and Shippers’ sole obligation to comply with all local, national and European laws, rules, statutes and regulations that may apply including any and all licensing requirements regarding the execution of the Carriage Agreement and any aspect thereof. You and the Shippers shall bear full responsibility for compliance with all laws and regulations related to the transport of dangerous goods.
You are solely responsible for collecting your fees from Shippers. You understand and agree that you are solely responsible for determining i) the taxes that you should collect or obligations relating to applicable taxes, ii) your applicable tax reporting requirements. You are also solely responsible for remitting to the relevant authority any applicable taxes. Nestcargo cannot and does not offer tax-related advice to any Carrier or Shipper.
Once a Shipper accepts the Offer, the Shipper gains access to our review page and can post a review for the Carrier. If the Shipment does not take place for any reason, the Shipper can access our “Report a Problem” tab and notify us that the Shipment did not take place. We will make reasonable efforts to resolve the problem. If Nestcargo determines that either the Shipper or the Carrier created problems for the Shipment, abused the process, submitted false information etc, it reserves the right to terminate their Accounts.
Nestcargo takes violations of our Cancellation Policy seriously. This includes submitting false or exaggerated reasons, attempting to distort the market, or colluding with other Carriers or Shippers to abuse the process. A Carrier or Shipper that is found to be abusing the cancellation process we have the right to terminate its Account immediately.
Shippers can post a review on the Carriers’ performance regarding the particular Shipment. If a Carrier has suspicions about the veracity and accuracy of a review, the Carrier may contact us at info@nestcargo.com and we will communicate with both parties to ensure the accuracy and veracity of the review. Nestcargo reserves the right to withdraw the review and cancel the Shipper’s Account if it is determined that the review was false or inappropriate.
You shall not: a) improperly influence in any manner, or cause another to, improperly influence in any manner a Shipper’s review, b) post and/or cut and paste and/or copy the content of a Shipper’s review from the Nestcargo Website or Webapp to your own personal or business website, to any other third party website and/or on any of your own personal, business or third party marketing/advertising materials regardless of the form, c) post or attempt to post, in any manner or by any means, a review for your own company.
You agree to provide accurate and complete information about your company and to maintain and update that information. If the information you provide is untrue, inaccurate, incomplete or not current, we reserve the right, in our sole discretion, to suspend or terminate your Account.
You represent and warrant that legal representatives, and any individuals associated with your company, who will perform the services, have not been convicted of a crime related to the conduct of your transport business activities. Furthermore, you represent and warrant that that you are not in the process of being declared bankruptcy or insolvent and that there are currently no legal proceedings, criminal, civil or administrative, instituted against you that will prevent you from performing the services. If those conditions are not fulfilled, we reserve the right to act at our sole discretion and we may suspend or terminate your Account.
Except as expressly stated in our Privacy Policy, any material, information or other communication that you post, upload or submit to the Website or that is displayed on the Website at your direction (collectively "Communications") will be considered non-confidential and non-proprietary, and Nestcargo shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any such Communication.
You are responsible for ensuring that all of your Communications do not violate or infringe any copyright, trade secret, trademark or other personal or proprietary rights of another person or entity, or defame any person, or violate any law or regulation or any of these TOU. You shall be solely liable for any damages resulting from any infringement or violation or any other harm resulting from your uploading, posting, or submission of any Communication to the Website. Nestcargo has the right to terminate any Services offered to you and to remove any Communication posted on the Website at its sole discretion, without any compensation or recourse in the event that the relevant Communication is in breach of any of the provisions herein.
The content available on our Website and Webapp is provided for the sole purpose of shipment services. You may use, print and download information from the Website and Webapp for this purpose only and for no other personal or commercial purpose. You may not otherwise copy, display, transmit or distribute any material from the Website and Webapp. If you perform an unauthorized use of the content of our Website and Webapp, we have the right to immediately stop providing our Services to you and terminate your Account.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content.
The following actions/activities are not permitted on our Website:
Content: You shall not (and shall not permit any third party to) either (a) take action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Services, including without limitation any content, that:
Nestcargo shall have the right to terminate any Services offered to you and to remove any content posted on the Website at its sole discretion, wiithout any compensation or recourse in the event that the relevant content is in breach of any of the provisions above
By posting your content on our Website and Webapp, you expressly grant, and you represent and warrant to Nestcargo that you have all right, power and authority to grant, to Nestcargo a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such content and your name and any other information as contained in your content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and Nestcargo’s business, including, without limitation, for promoting and redistributing part or all of the Services (and derivative works thereof) in any and all media formats and through any and all media channels whether now known or hereafter developed. The foregoing license shall be subject to our Privacy Policy in effect at the time that you post the applicable content. To the extent your content is a trademark or service mark protected by Greek laws, the foregoing license extends solely to Nestcargo’s use thereof to identify you as a Carrier as contemplated by the Services and the feature by which you provide such trademark or service mark.
The web scraping, data harvesting, unauthorized copy, display, transmit or distribute of any material from the Website in any form and by any means whatsoever is strictly prohibited. Nevertheless, we cannot force the Carriers, Shippers and Website’s visitors to comply with these prohibitions and thus we cannot guarantee that your content, communications, business data or the content of your Offers will not appear in any other third party site. Nestcargo will not be responsible or held liable in any way if any other Carrier, Shipper or Visitor, in breach of the TOU, uses your content, Communications, business data or your Offers for any purpose other than for searching for carriage services. You accept that all business information or documents provided to any Shipper, or submitted on or through our Platform, are given entirely at your own risk.
You are responsible for maintaining the security of your Account. You must immediately notify us of any unauthorized uses of your Account or any other breaches of security. If you have a suspicion that someone has unauthorized access to your Account, you must immediately notify us at info@nestcargo.com. You will shortly after receive a confirmation from our support department that they are handling the issue. Any attempt at unauthorized access (i.e. hacking) to the Website or any of our servers is illegal and will be prosecuted. We are entitled to block or close your Account if such unauthorized access happens through your Account or with the use of your passwords.
You have the right to terminate our Services at any time by deleting your Account at our Website or Webapp. We continue to keep saved your business information and data after termination of your use of our Services. However, you have the right to request that we completely delete your Account, Profile, your business information and data from our system, provided that you have not submitted any Offer for a Shipment that is still pending. As soon as you notify us at info@nestcargo.com and after we send you a confirmation of receipt of your request, your Account and Profile shall be marked as deleted in the system.
Nestcargo reserves the right at any time to immediately terminate or suspend your Account or your access to the Website without notice, if you breach any of TOU or violate any law or regulation. An event that may result in the termination or suspension of your Account can include but is not limited to: a) providing inaccurate information, b) any circumvention of the Nestcargo marketplace by you or by others at your direction, c) your creation and/or management of more than one Account, d) your circumvention or non-payment in full of our fees, e) any attempt by you to improperly influence, or cause another to, improperly influence the Shippers’ reviews, f) any attempt by you to harass, or cause another to harass, or commit inappropriate communications with a member and/or a failure to deliver the promised services on time.
Regarding any breach of TOU or any violation of the law or any regulation, Nestcargo also reserves the right to take further action as in its sole discretion considers appropriate or necessary, including removing any material which it deems abusive, illegal, disruptive or inappropriate without the obligation to make any refunds. Nestcargo shall have the sole and absolute discretion to decide whether you have breached any of the TOU, and such decision shall be final. In case Nestcargo has not exercised the right under this paragraph, it shall not be deemed to be a waiver.
Carriers with disabled Accounts shall not be allowed to make Offers. Carriers who have violated our TOU and had their Account disabled may contact our customer support team at info@nestcargo.com for more information surrounding the violation and status of the Account. Carriers with disabled Accounts shall not permitted to register on our Platform by using a different or the same user name, except if Nestcargo has given its consent in writing.
This Website may contain links to sites owned or operated by third parties.Such links are provided for your reference only and we do not control such sites and we are not responsible for their content. We reserve the right to terminate a link to a third party site at any time and the fact that we provide a link does not mean that we endorse, authorize or sponsor that site. You are not allowed to upload links of any kind.
We will make all reasonable efforts to ensure that the Website and Webapp are available at all times. However, we cannot guarantee that the Website and Webapp or any individual function or feature of the Website and Webapp will always be available and/or error free. The Website and Webapp may be unavailable during periods when we are implementing upgrades or carrying our essential maintenance on the Website and Webapp.
NESTCARGO DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICES. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NESTCARGO OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, NESTCARGO, ITS SUBSIDIARIES, ITS LICENSORS AND AFFILIATES, DO NOT WARRANT THAT THE CONTENT IS ACCURATE, TRUE, RELIABLE, CORRECT OR COMPLETE, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
IN NO EVENT SHALL NESTCARGO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE WEBSITE, (II) ANY LOSS OR DAMAGE DUE TO UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL BUSINESS INFORMATION STORED THEREIN, (III) ANY LOSS OR DAMAGE DUE TO INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR INTEROPERABILITY PROBLEMS, (IV) ANY LOSS OR DAMAGE DUE TO BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VI) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VII) ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE (VIII) ANY LOSS OR DAMAGE RESULTING FROM YOUR USE, OR INABILITY TO USE, ANY PORTION OF OUR WEBSITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND IN YOUR DATA, (IV) ANY LOSS OF YOUR REVENUE, PROFITS, GOODWILL OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PURE ECONOMIC LOSS, COSTS, DAMAGES, CHARGES OR EXPENSES . THE LIMITATIONS ON LIABILITY APPLY WHETHER LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NESTCARGO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NESTCARGO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR SHIPPERS IDENTITY, FOR THE TRUTH AND/OR ACCURACY OF ANY INFORMATION THAT THEY PROVIDE ABOUT THEIR CARGOES, FOR THEIR RELIABILITY AND/OR THEIR ABILITY TO SEND CARGOES AND/OR TO CONDUCT BUSINESS PROPERLY, AS WELL AS FOR THEIR ABILITY TO PAY FOR YOUR SERVICES.
NESTCARGO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY AND VALIDITY OF THE INFORMATION REGARDING ANY CARGO NEITHER FOR THE SHIPMENT’S COMPLIANCE WITH ANY LAW, GOOD MORAL, COMMERCIAL PRACTICES AND/OR THESE TOU
YOU ACKNOWLEDGE AND AGREE THAT NESTCARGO IS NOT A PARTY IN THE CARRIAGE AGREEMENT CONCLUDED AMONG YOU AND ANY SHIPPER AND IS NOT IN ANY CASE INVOLVED IN THE ACTUAL TRANSACTION BETWEEN YOU AND THE SHIPPERS. NESTCARGO IS NOT RESPONSIBLE FOR THE PAYMENT OF YOUR FEES. NESTCARGO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE EXECUTION OF THE CARRIAGE AGREEMENT AND/OR FOR ANY QUALITY, SAFETY OR LEGAL ISSUE THAT MAY ARISE BETWEEN YOU AND TANY SHIPPER BEFORE, DURING OR AFTER THE EXECUTION OF THE CARRIAGE AGREEMENT.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to defend, indemnify and hold Nestcargo and its contractors, its licensors, its affiliates and their respective directors, officers, employees and agents harmless from any and all liabilities, costs, and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to (i) the use of the Website or your placement or transmission of any message or information on this Website by you, (ii) your violation of any of the TOU (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights, (iv) your violation of any law, rule or regulation, (v) any claim or damages that arise as a result of your use of our Services or (vi) any other party's access and use of the Website with your unique username, password or other appropriate security code.
In the event that you have a dispute with one or more Shippers, you release Nestcargo (and our officers, directors, agents, subsidiaries, licensees, promotional partners, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
The TOU do not transfer from Nestcargo to you any Nestcargo or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Nestcargo. Nestcargo’s logo and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks of Nestcargo. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Nestcargo or third-party trademarks. You expressly declare and undertake not to register any domain name that includes the word "Nestcargo" neither to use the word "Nestcargo" in any way that may cause confusion on any advertising service on the internet.
As a result of the provision of our Services to you, and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Information"). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use our Information only for the specific purposes as allowed in these TOU. Any disclosure of our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of these TOU. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
Nestcargo reserves the right to assign to third parties any rights, licenses, and/or obligations arising out of or relating to these terms without restriction. You may not transfer or assign any of its rights, or delegate any of its duties, under this contract, either in whole or in part (including by merger or operation of law), without the prior written consent of Nestcargo. To the extent the license or any rights or obligations hereunder are transferred, assigned or delegated in a manner that is permitted by these terms, these terms shall be binding upon all your successors and assigns hereto (including any transferee or assignee of all or substantially all your assets and any successor by merger or operation of law).
We may terminate your access to all or any part of the Services at any time, with or without cause, which may result in the forfeiture and destruction of all information associated with your Account. If you wish to terminate your Account, you may do so by deleting your Account at the subscription page on our Website. Any fees paid to us hereunder to us are non-refundable. All provisions of these TOU which by their nature should survive termination shall survive termination, including, without limitation, intellectual property, warranty disclaimer, indemnification and limitation of liability provisions.
Nestcargo may amend these TOU at any time by posting a revised version on the Website. Each revised version will state its effective date, which will be on or after the date posted by Nestcargo. If the revised version materially reduces your rights or increases your responsibilities, we may post it in advance of the effective date to give you notice. Notification will be provided through the Website user interface, or be sent to the email address associated with your Account or otherwise; or you will be asked to opt-in or otherwise expressly agree to the changes or a version of these TOU incorporating the changes.
The present TOU are in conformity with the laws of Greece. Nestcargo makes no representations that our Services are appropriate or available for use in other countries. Those who access or use our Services from other jurisdictions do so at their own risk and are responsible for compliance with local laws.
Any dispute, controversy or claim arising out of or relating to those TOS, or the breach, termination or invalidity thereof shall be resolved first by mediation by a single mediator in Athens, Greece in accordance with provisions of L. 3898/2010 and the rules and procedures of the Hellenic Center of Mediation and Arbitration in Athens, Greece. If the dispute does not settle at mediation, it shall be resolved by arbitration in Athens, Greece in accordance with the provisions of International Chamber of Commerce. There shall be 3 arbitrators, one to be appointed by the claimant and/or claimants and one to be appointed by the respondent and/or respondents and the third to be appointed by the common agreement of the two arbitrators selected by the parties. In the event of a failure to agree on the appointment of arbitrators, the appointing authority shall be the International Chamber of Commerce. Where such rules do not provide for a particular situation the arbitral tribunal shall, in its absolute discretion, determine what cause of action should be followed and the decision of the arbitral tribunal shall be final and binding on the parties to arbitration. The English language shall be used throughout the arbitral proceedings. The parties waive their right to any form of appeal or recourse from such arbitral proceedings to a court of law or other judicial authority.
Any notice to be served on or documentation to be sent to any party to these TOU shall be deemed to be properly served if sent by email or by registered post or delivered by hand to the following email: info@nestcargo.com, and address: 19 Akropoleos Street, Dafni, Greece 17234.
These Terms shall endure for the benefit of and be binding upon the respective administrators, successors and assigns of each party hereto.
All terms, conditions and warranties in these terms are essential terms and a breach or non performance hereto of any terms, conditions, warranties, schedules hereof shall entitle Nestcargo to either terminate your Account and claim damages or terminate without any claim for damages or claim damages without terminating your Account.
No failure or delay by Nestcargo in exercising any right or remedy provided by law under or pursuant to these terms shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy.
Termination of the Account shall not affect the accrued rights of Nestcargo arising in any way out of these TOU as at the date of termination and, in particular but without limitation, the right to recover damages against the other, and all provisions of these TOU which contemplate or are capable of operation after termination shall survive the termination of the license and shall remain in full force and effect.
If any of the provisions of these TOU become invalid, illegal or unenforceable in any respect under any applicable law, the validity and enforceability of such provision shall not be considered affected in any other jurisdiction and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired and all of them shall remain in full force and effect so long as the economic or legal substance of the transactions contemplated by these TOU is not affected in any manner materially adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties hereto shall negotiate in good faith to modify these terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
EN