Terms of Use Quicargo.

These terms of use are a translation of the Dutch terms of use of Quicargo (GEBRUIKSVOORWAARDEN QUICARGO (QC UNITED B.V.)). In case of any discrepancy between the Dutch and the English version the Dutch version shall prevail.

1. definitions

In these terms of use, the following definitions shall apply:

Client: any legal person who uses a service of Quicargo, either as shipper, either as carrier or other means.
Service: the services offered by Quicargo as referred to in article 4 and article 11 paragraph 1 and 5.
Quicargo: the private company: “QC United B.V.”
Carrier: a legal entity that transports cargo.
Shipper: a legal entity, as registered with the KVK, who needs to ship cargo.

2. Applicability

These terms of use are applicable to all offers, quotations, and other legal relationships between Quicargo and a client. The terms will continue to apply after termination of the legal relationship which has led to the application of these terms and conditions.
All legal relationships are- insofar as not deviated therefrom in these conditions- subject to the Quicargo Privacy Statement. The Quicargo service may be subject to additional guidelines, terms, or rules. All such additional guidelines, terms or rules are incorporated by reference into this terms.
Any reference to general or special conditions of the client are rejected and explicitly declared not applicable, unless Quicargo explicitly and unconditionally accepts those general or specific conditions of the client in writing.
The annulment or the invalidity of any provision of these terms of use shall not affect the validity of the remaining provisions of these terms of use.
In case of annulment or invalidity of any provision of these terms of use, the provision which corresponds in spirit most to the invalid provision has to be considered valid.
Any deviation from these terms of use at any time applied or tolerated by Quicargo for the benefit of the client, will never give the client the right to rely on such deviations, or to rely on the application of such a deviation as fixed.
These terms of use may vary from time to time, in its sole discretion of Quicargo without notice. In the event of material changes, the company will notify the client by e-mail or by posting a message service containing the adapted terms of use. Clients are advised to periodically review the actual version of these terms at www.quicargo.com. By continued use of the service after such change, the client agrees to be subject to change and accept the terms that apply at that time.

3. Registration

To make use of the service the client must create an account by completing the registration process. During registration the client will be asked to provide the company some details needed to open your account. If the client does not want to provide this information, the client cannot make use of the service. The client agrees to provide accurate and complete company information during the registration and the client agrees to update this information in event of change in order to remain accurate, current and complete. Quicargo reserves the right, in its sole discretion, at any time, limit and/or block the clients access to the service if the information the client provided is not accurate, current and complete.
When the client registers the client is required to enter an username and choose a password. The client is solely responsible for maintaining the confidentiality of his password. The client agrees that he takes full responsibility and liability for any use of his account, whether it is authorized or not. The client must inform the Company without delay about any unauthorized use of his account.
The client agrees that he, other users and/or Quicargo can rank the carrier service by the degree of satisfaction and/or the quality of his service. Quicargo may maintain and publish the clients ranking even if he deletes the clients account.

4. Quicargo service

The Quicargo service consists of establishing a connection between shippers and carriers, by providing an (online/digital) platform. Through the (online/digital) platform shippers and carriers are allowed, when possible, to benefit from unused cargo space. Quicargo will act as an intermediary as described in article 7:425 of the Dutch Civil Code for the shipper.
After successfully completing the registration the shipper requests for the transport of goods. The request includes the necessary details for the carrier, such as the location of the goods and the destination, a description of the goods to be transported including weight and dimensions, together with other relevant information for the carrier.
As soon as the delivery request of the shipper has been approved, and has been matched through the platform with a specific carrier, the details of the request will be sent as soon as possible via Quicargo to the affiliated carriers and/or responsible carrier.
After successfully completing the registration the Carriers may reflect on the requests from shippers to transport goods by stating their conditions.
Quicargo is not responsible or liable for the contract including the conditions under which the carriage shall be carried out. Such an agreement is the responsibility of the carrier and shipper.
If an offer is accepted by the shipper both parties receive each other’s contact information and an agreement between the shipper and the carrier is made.
Quicargo does not guarantee that a request by a shipper is accepted or that an offer is available for the delivery request.

5. Restrictions and Representations

A client can only make use of the service of Quicargo if:
a. he is a business entity that makes use of the service for himself or for others;
b. the legal representative of Quicargo has all the rights and authority to enter into this on his behalf and on behalf of the employer/company/organization to which he belongs;
c. the legal representative is at least 18 years old;
d. he does in strictly internal use in his business, subject to the terms of use;
e. he makes use of the service in accordance with all legal and/or contractual obligations.
The client declares that:
a. The article 5 under 1. mentioned conditions are met.
b. The client possess the knowledge, the resources, experience and personnel necessary to perform his job in a professional, safe and reliable way and within agreed timescales;
c. possess all the permits, licenses and approvals required by law to operate his businesses in connection with the service;
The client declares:
a. not to attempt to bypass the use of the service and/or to avoid his payment obligations towards Quicargo paying company;
b. not to modify, translate, reverse engineer- or make any attempt to discover the source code of any part of the service and/or the associated software and/or create derivative works thereof.

6. Obligations Carrier

Carriers are required to work under the Algemene Vervoerscondities 2002, version 2015 (AVC) and the conditions that are declared applicable in the Algemene Vervoerscondities 2002, version 2015 (AVC), with additions as stated in this agreement.
The carrier is obliged to insure his liability flowing from the agreement with the shipper under the Algemene Vervoerscondities 2002.
The Carrier is obliged to provide the transport service with trucks that are qualified at least with EURO 5.
The Carrier is obliged to provide the transport service by drivers that are qualified with Code95 and can communicate in the local language.
The Carrier is obliged to hand a proof of delivery (POD) to Quicargo as soon as possible after delivery of the goods, no longer than one week.
The carrier declares to Quicargo that he will honor his obligations under article 6 towards Quicargo and/or the shipper and/or third parties.
The carrier accepts that it is the sole responsibility of Quicargo to point out to the carrier his obligations under article 6. It is not the responsibility of Quicargo to make sure or to verify that the carrier will meet his obligations under article 6. Quicargo cannot guarantee that the carrier will meet his obligations towards Quicargo, the shipper or other parties.

7. Obligations Shipper

Shippers are required after acceptance of an offer of the carrier to take care of delivery of all the necessary documentation, information etc. to the carrier, in accordance with the Algemene Vervoerscondities 2002, version 2015 (AVC).
The carrier is obliged to honor his offer if the offer is accepted within the specified information and period by the shipper. Any changes in the request by the shipper may cause additional costs for the shipper.
The shipper declares to Quicargo that he will honor his obligations under article 7 towards Quicargo and/or the carrier and/or third parties.
The carrier accepts that it is the sole responsibility of Quicargo to point out to the shipper his obligations under article 7. It is not the responsibility of Quicargo to make sure or to verify that the shipper will meet his obligations under article 7. Quicargo cannot guarantee that the shipper will meet his obligations towards Quicargo, the carrier or other parties.

8. Failure

If the carrier fails to honor the obligations as included in de Algemene Vervoerscondities 2002, version 2015 (AVC) or fails to do so within the agreed timeline, the following applies:
a. the carrier is liable towards Quicargo, besides other liabilities, for damages and any (additional) costs as a result of not honoring his obligations as mentioned in these terms of use . Because of the urgency of the transport for the liability no notice is required.
b. Quicargo will try to find an alternative carrier as soon as possible.
Quicargo is entitled to expel the carrier referred to article 8 under 1 of the Quicargo platform and/or give the carrier a negative rating. The shipper is liable towards Quicargo, besides other liabilities, for damages and any (additional) costs as a result of not honoring his obligations as mentioned in these terms of use.

9. Use of the service

The client is responsible for the correct use of the platform of Quicargo.

10. Rates for services

Unless explicitly agreed otherwise in writing, the usual rates for the services of Quicargo shall apply, which shall be included in the price that is displayed on screen when placing a request or reflecting on such a request. Applicable are the rates on the day of placement of the request of the shipper.
Quicargo reserves the right, if case of poor creditworthiness of the shipper, to request additional security in the form of a deposit.
Quicargo reserves the right to change the charges from time to time.
The rates of Quicargo are based on service through the platform.
All prices are based on indicated by the client details. If post corrections to be made to the agreement between shipper and carrier Quicargo is entitled to correct its rates accordingly.
All prices published by Quicargo are excluding VAT, unless otherwise indicated.
Extra waiting time for the carrier at the point of loading and unloading obligate the parties involved to adhere to the any additional costs for the shipper. The unloading and loading of shipments extra waiting time are classified as follows:
- 1-2 pallets ; 15 minutes is the standard waiting time (no extra costs will be charged)
- 3-10 ; 30 minutes is the standard waiting time (no extra costs will be charged)
- 11-22 ; 45 minutes is the standard waiting time (no extra costs will be charged)
- 23-33 ; 1 hour is the standard waiting time (no extra costs will be charged)
- Extra time that exceeds the four points above will result in extra costs for the shipper. For each additional 15 minutes €15 Euros will be charged. In case of less than 15 minutes of extra waiting time for the, the charge will be relative to the exact waiting time.

11. Payments

The shipper pays the carrier’s costs through the invoice from Quicargo. Quicargo informs the shipper regarding its full financial commitment, including the fee to the carrier, the charge for Quicargo, VAT and any other Quicargo known fees and charges.
The clients agree that with the shipper’s payment of the carriers costs through the invoice of Quicargo this releases the shipper from his obligation to pay his debt to the carrier. In case of cancellation the payment obligation of the shipper is constructed as follows:
– Till 17:00 hrs. (CET) on the day before the day of loading no cancellation fee will be charged;
– On the day before the day of loading after 17:00 hrs. (CET) seventy percent (70%) of the total payment obligation will be charged by Quicargo as cancellation fee;
– On the day of loading until the arrival of the carrier at the agreed place of loading, the total payment (100%) obligation will be charged by Quicargo as a cancellation fee.
– On arrival of the carrier at the agreed place of loading, the total payment obligation will be charged by Quicargo as cancellation fee. In case the carrier is arriving to the loading or unloading point, but the goods are not ready or the place is close, the total payment (100%) obligation will be charged by Quicargo as cancellation fee.
For all payment obligations towards Quicargo counts a period of thirty (30) days from the invoice date, unless explicitly agreed otherwise in writing.
In the event of default referred to in article 6:119a of the DUTCH CIVIL CODE statutory interest and collection costs will be charged.
Quicargo collects the invoices of the carrier monthly and pays those invoices within the number of days that are agreed upon with the carrier in the registration stage, unless Quicargo or the shipper in writing or by electronic means objects against the payments related to an event of default of the carrier, non-performance of any applicable conditions or for any other urgent reason stated. Whether or not an urgent reason has arisen is at the discretion of Quicargo.

12. Dissolution agreement

The provisions of this Agreement shall continue to apply as long as the client uses the services of Quicargo and after the termination of the legal relationship between Quicargo and the client the provisions shall continue to apply on the services supplied by Quicargo.
Quicargo can end this agreement unilaterally and without notice if:
a. the client is in breach of the provisions of this agreement or the applicable stated provisions;
b. the client does not or not fully fulfill its obligations to another client, or if the therefore mentioned client announces this intention;
c. Quicargo is to be forced by a court judgment or if the service is prohibited by law or made impossible, either technically, either economically;
d. Quicargo decides to discontinue its business;
e. the client goes bankrupt or request bankruptcy or in the event of suspension of payments or legal debt restructuring;
f. the client dies;
g. Quicargo in all reason cannot be asked to not-terminate the agreement.
Quicargo will never be liable for damages arising from a termination as defined in the preceding paragraph of this article.

13. Exemption from liability and indemnification

Quicargo offers the service provided “as-is” and “as available”.
Quicargo offers a platform that connects shippers and carriers. Quicargo does not offer transport services and also does not intend to offer such or does not (offer to) act as a forwarding agent.
Use of the services of Quicargo is at the clientÔøΩs sole risk. Quicargo gives no implied or expressed warranty whatsoever. Quicargo explicitly does not warrant:
a. the suitability of the service for the purposes of the client;
b. the accuracy of the information provided by third parties, including client;
c. that the service meets the expectations of the client.
d. that the service will be available at all times, uninterrupted, timely, secure, accurate, reliable, error-free, free of viruses or malware. .
Quicargo accepts no liability for disputes between carrier and shipper.
Quicargo shall not be liable for any damage whatsoever, including but not limited to delays, delivery errors, wrongful or fraudulent use of the services of Quicargo by a client or a third party or other damages resulting from the use of the services of Quicargo, unless the client proves that the damage has been caused by fraud or willful intent of the director(s) of Quicargo.
If and in as far as Quicargo is liable towards a client or a third party despite article 13 under 5, any liability of Quicargo shall be limited to the fee the shipper has to pay for the service of Quicargo per occurrence or series of occurrence with one and the same cause.
In the case that Quicargo cannot appeal to article 13 under 5 and 6 for whatever reason, the liability of Quicargo shall always be limited to the amount which is paid out under QuicargoÔøΩs professional liability policy in the matter concerned.
The client agrees to defend, indemnify and hold harmless Quicargo and its directors and employees from and against any and all claims, actions or demands, resulting or allegedly resulting from the use of the services of Quicargo and the online platform or any breach of any dispositions set forth in these terms of use of Quicargo.

14. Deviating agreements

Deviating or supplementary agreements must be in writing.

15. Intellectual Property

The website located at https://app.quicargo.com and any associated web application or mobile application are copyrighted works belonging to Quicargo.
All intellectual property rights in the service, including but not limited to software, computer code, platforms, algorithms, user interface, technology, design, information, services, text (including articles), files, videos, photos, apps, audio and music, logos and trade names and any other proprietary content and any improvement and/or a derivative work are properties of Quicargo. The meaning of the term “intellectual property rights” refers to:
a. the rights related to production, design and photo, including copyrights;
b. trademarks, service marks, logos, trade names, goodwill;
c. patents, patent applications and inventions;
d. trade secrets;
e. rights equivalent to those mentioned above and all other proprietary rights related to intangible property;
f. divisions, continuations, extensions, renewals and re-registration of all of the rights mentioned above, whether now existing or to be submitted, will be recorded and/or will be in the future.
Software components of third parties, including open source, will be subject to licenses issued by that third party.
You agree and are aware that the company has every right to, at any time as you wish and for any reason or for no reason at all, redesign, change the order, structure and specifications, features and every component and / or other aspect of the Service or any part of it.
Subject to the terms of use, Quicargo will give you a non-exclusive, non-transferable, non-sub-licensing rights, to make use of the service internally within your business.

16. Feedback

Clients agree to cooperate with Quicargo to reasonably test and trial the service, while transmitting detailed feedback to Quicargo at least once a month, including failures, recommendations for improvement and general comments and to participate in questionnaires, phone calls and meetings to transfer and explain the feedback to Quicargo.

17. User content

All information and content the client uploads and/or posts to the service, including name and private business/company and profile picture is at the client’s sole risk. The client must make sure his content meets these terms and is not unlawful, harmful, defamatory, offensive or objectionable in any way whatsoever. Quicargo undertakes no obligation to check and filter and accepts no liability whatsoever for your content. Without limiting the foregoing, Quicargo may in its sole discretion refuse, filter, block, edit, or delete your content and/or change how it appears in the service without prior notice.
The client hereby grants Quicargo an international license, non-exclusive, transferable, sub licensable license to use, copy, distribute, make available to the public, broadcast and edit your content, for the purpose of operating the service and promoting and advertising Quicargo, without the obligation to pay royalties and/or other compensation.
If displayed content and/or work violates the clients copyright and/or privacy or is abusive the client is invited to contact Quicargo to remove it.

18. Confidentiality

To be able to offer the service, Quicargo processes personal data relating to the client and its employees, as described in the Privacy Statement. The Privacy Statement is an integral part of these terms of use.
In regard to the processing of personal data, Quicargo acts as a data controller, within the meaning of the General Data Protection Regulation. The client guarantees that he is legally authorized to provide personal data to Quicargo and that it has obtained permission from the parties involved, if necessary.

19. Jurisdiction and applicable law

The Court of the statutory location of Quicargo shall have jurisdiction of disputes between Quicargo and a client.
Dutch law shall apply between the parties, supplemented by mandatory European and international regulations.