Please read these Terms and Conditions carefully before using the https://www.aircargoxl.com website app.aircargoxl.com (the “Service”) operated by Air Cargo XL (“us”, “we”, or “our”).
By accessing or using any part of the Website or the Service you agree to the acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. When you disagree with any part of the terms then you are not allowed to access the Service. All new features that magnify or enhance the current Service shall be subject to the Terms and our Privacy Statement, unless explicitly stated otherwise.
You must be an employee of or directly associated to a License Holder to use the Service. By using the Service, You guarantee that You are an employee of or directly associated to a License Holder and that this License Holder is a Forwarding Agent, Airline General Sales Agent (GSSA), Broker, Consolidator or Masterloader who is active in the airfreight industry. You must provide current, accurate identification and contact details and such other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of Your Service password and Account, and You are responsible for all activities that occur thereunder. AirCargoXL reserves the right to refuse the Service to anyone at any time without notice for any reason.
You agree to use the Service in compliance with all applicable national and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from Your country of residence. You shall not agree to, and shall not authorise or encourage any third party to use the Service to upload, transmit or otherwise distribute any content that is copyrighted, unlawful, detractive, harassing, outrageous, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by AirCargoXL;. Use any robot, or any other automated device, or manual process to monitor or copy any content from the Service.
When AirCargoXL finds, at its own discretion, or receives substantiated complaints that You violate any of the foregoing, AirCargoXL reserves the right to immediately and without warning block You or terminate Your Account from accessing its Website and/or Service. Such blocking or termination may subject You and the License Holder to penalties and other legal consequences, while it in no event shall give the License Holder any right for a refund.
Confidentiality Personal Contract Rates
AirCargoXL will store Your Personal Contract Rates only in Your part of the database and AirCargoXL will not distribute Personal Contract Rates to other users or use Personal Contract Rates for any other commercial and non-commercial activities. AirCargoXL does not verify or check Personal Contract Rates. AirCargoXL does reserve the right to disclose Personal Contract Rates in so far it deems necessary to (a) defend itself in legal proceedings or (b) abide by any law or regulation, court order or governmental request.
Notification of Misconduct or Breach of Contract
You agree that you will notify AirCargoXL in case you expect, suspect or have substantiated evidence that (a) any person or entity is acting in breach with these Terms, with applicable laws or rules while using the Website or the Service or that (b) the License Holder is in breach or will breach any of its obligations under the Agreement, including but not limited to the obligation of the License Holder to duly pay the invoices from AirCargoXL.
Cancellation and Termination
AirCargoXL reserves the right for any reason whatsoever to terminate or suspend your account immediately, without prior notice or liability and without limitation if you breach the Terms. Upon termination, your Account will be disabled and You may not be granted access to Your Account or any files or other content contained in Your Account although remainder copies of information may remain in the Service. If you wish to terminate your account, you may simply discontinue using the Service.
Intellectual Property Rights
You acknowledge that AirCargoXL owns all right, title and interest in and to the Website and the Service, including without limitation all intellectual property rights, and such rights are protected by Dutch and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated devices, or manual process to monitor or copy any content from the Service. AirCargoXL claims no intellectual property rights over Your Personal Contract Rates.
Warranties and Liability
Use of the Service is at Your sole risk. The Service is provided on an “as is” and “as available” basis, without warranty of any kind. By using the Service, You acknowledge and agree that AirCargoXL is not responsible for any disruption in accessibility of the Website or the Service or the loss of data or information. You understand that Your content may be transferred unencrypted over the internet. AirCargoXL does not warrant that: (a) the Services will meet Your requirements or expectations, (b) the Service will be timely, uninterrupted, secure or error-free or operate in combination with Your hardware, software, system or data, (c) bugs or errors will be corrected, or (d) the mathematical calculations performed by the Service are accurate. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law. You expressly acknowledge and agree that AirCargoXL shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages to You or the License Holder, its subsidiaries or its customers, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if AirCargoXL has been advised of the possibility of such damages), resulting from Your usage of the Service or resulting from the fact that the Service was, for whatever reason, not available for You to use.
You agree to defend, indemnify and hold harmless AirCargoXL and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including but not limited to attorney’s fees, resulting from or arising out off your use and access of the Service, by you or any person using your account and password; by a breach of these Terms, or Content posted on the Service
Jurisdiction and Governing
These Terms shall be solely governed and construed in accordance with the laws of The Netherlands. You waive any objection to the applicability of the laws of The Netherlands and to the exclusive jurisdiction and venue of the courts in The Netherlands. The court in The Netherlands has exclusive jurisdiction and is the exclusive venue of any action regarding any dispute arising from or in connection with this Agreement and the Terms, unless mandatory Dutch law stipulates otherwise.
Change of Terms
AirCargoXL may reserve the right to change the terms to their own judgment at any time without prior notice to you and You agree to accept such modifications or revisions. Continued use of the Service after any such changes shall constitute Your consent to such changes.
In case you do have any questions in general or about these Terms or if You want to discuss the terms and conditions, please contact AirCargoXL at firstname.lastname@example.org.