Ladingo Ltd. (“Ladingo” or “us”, “our”, “we”) provides a platform and/or website that provides services for consumer goods ocean freight (the “Site”). These Terms of Service (“Terms”) govern your access and use of the Site. “Business” means any third party entity from which you may purchase items. “Customer” or “you” means a customer of a Business who uses the Site to assist with the shipping of the purchased items.
- Use of Site. Subject to the terms and conditions hereof, during the period these Terms are in effect Ladingo allows you to use the Site on a non-exclusive basis. Ladingo may change, modify or update the Site at any time without prior notice to you, including to remove functionality. In addition to these Terms, the purchase of any items may be subject to additional terms or services provided by the applicable Business. The Site may only be used for purposes of personal imports.
- Account Registration. When you complete the registration process, you create a Ladingo account. Your account allows you to use the Site in order to place orders from third party Businesses, subject to these Terms. To create an account, you must provide specified information and select a password. You may not provide false information during the registration process. You agree to promptly update your account information in order to keep it current, complete and accurate. Any loss caused by your failure to keep your account data up-to-date is your own responsibility. You should not reveal your password to anyone else. We will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates these Terms. You agree to immediately notify us of any unauthorized use of your account or password. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. Ladingo will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Ladingo harmless for any improper or illegal use of your account, and any charges and taxes incurred, unless you have notified us via e-mail at [email protected] that your account has been compromised, and have requested us to block access to it.
- Payment, Shipping and Returns. Use of the Site and/or our services may be subject to payment, both to Ladingo and to any third party. The current prices are listed on the Site. Ladingo may revise prices at any time without notice. Ladingo currently accepts some major credit cards, but may add or change payment methods in its sole discretion. You must respect the terms and conditions of any payment methods you use. We reserve the right to cancel any items or services ordered if full payment is not timely received. We charge the shipping price, together with applicable taxes including import taxes or VAT, up front. We may contact you if there are more details to be provided to the authorities for import taxes or VAT. You may need to physically identify yourself to those authorities. Late payments shall be subject to a late fee of 18% per annum or, if lower, the highest amount permitted by applicable law. We reserve the right to cancel any transaction that we have reason to believe to have been fraudulently made, including by unauthorized use of a credit card, debit card, or other payment method. Currently, we do not allow for returns. In an event of a refusal to accept delivery, Ladingo will return the package to its local warehouse in the destination country only. Returning of such packages to a different address shall be coordinated with Ladingo separately and will be subject to an additional payment. In an event that the delivery is unsuccessful, despite prior coordination with the Customer, Ladingo shall, at its sole discretion, either (i) leave the package at the threshold of the Customer’s residence or (ii) return the package to its local warehouse in the destination country. The Customer can choose to either pay an additional amount for a second delivery of the package to his/her residence or collect the package by him/herself from Ladingo’s warehouse.
Please note that when the package arrives at the warehouse in the country of origin, we do not open it. However we do make sure that the packaging is whole and undamaged and take a photograph of the package. If we discern something unusual with the package, we may take reasonable measures to notify the Customer by means of email or phone. We may also decide, at our sole discretion, to have the package returned to the applicable Business. As such, we ask the Customers to read the descriptions and specifications of the items they intend to purchase from the Businesses carefully. Please note that any images of the item may not show the exact specifications of the item. Please note that images may be different from the actual object due to lighting, photo enhancement, etc. Please see the Site for more information about damages occurring during shipment from the warehouses to the Customer’s residence. For the avoidance of doubt, we will not be responsible for any defects that are unrelated to the shipment. If you are not satisfied with any items you have purchased, please be in direct contact with the applicable Business. Keep in mind that the shipping may take up to 60 days from the day of purchase, with the shipping time dependent on various factors, which are not in our control. Please further note that shipping may be influenced by matters such as strikes, inclement weather, work stoppages, accidents, embargos, acts of war or terrorism, civil or military disturbances, natural catastrophes or acts of God, all of which are also not in our control and for which we will not have liability. Please note that while we do our best to choose shipping service providers of high standards, we do not perform the shipping services ourselves and cannot guarantee all aspects of the shipping. We only cover such damages which can be proved that were directly caused by our service.
We only provide a service which facilitates the shipping of goods via ocean freight. We do not sell goods and as such we cannot and do not accept any responsibility for the actions of the Businesses. WE DISCLAIM ALL LIABILITY FOR THE BUSINESSES’ FAILURE TO SATISFY THEIR OBLIGATIONS WITH RESPECT TO ANY ORDERED ITEMS.
- Restrictions. Except as set forth expressly herein, you shall not, and shall not permit any third party, to (a) reverse engineer or attempt to find the underlying code of the Site; (b) modify the Site, or in any other way manipulate the Site; (c) copy, modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, (e) circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any content; or (f) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, search or data-mine the Site or otherwise use the Site except as expressly permitted by these Terms. Persons under the age of 18 (or any other person that is a minor under applicable law) may not make purchases through the Site.
- Your Responsibilities. You may only use the Site and our services in connection with making legitimate purchases, and you shall not use the Site and/or our services to make any speculative, false or fraudulent offers to purchase any goods or services. We reserve the right to terminate without notice the account of any user we have reason to believe may be using the Site either fraudulently or in bad faith. We reserve the right to cancel any transaction that we have reason to believe to have been fraudulently made, including by unauthorized use of a credit card, debit card, or other payment method.
Unless otherwise specifically stated on the Site, Ladingo has no affiliation with any Business, and Ladingo shall have no responsibility for the actions of any Business, the goods, services, advice, data and information provided by any Business, or the content of any internet website of any Business. If you have any complaints regarding any of the foregoing, please be in touch directly with the applicable Business. Offerings made jointly with other Businesses will be listed as such
Ladingo is not an importer and shall not be deemed the same under these Terms. Any orders placed by Customers shall be in the form of personal imports, please review and comply with the applicable rules and regulations in connection with the same.
- Intellectual Property. All right, title and interest in (a) the Site, all content therein and related documentation and all enhancements, derivatives, bug fixes or improvements to the Site; and (b) all trade names, trademarks, and logos of Ladingo shall at all times remain solely with Ladingo or its licensors. All references in these Terms or any other communications to the sale, resale or purchase of the foregoing or any Site shall mean only the right to use the Site pursuant to these Terms. You are not required to provide us with any feedback or suggestions regarding the Site. However, should you provide us with comments or suggestions regarding the Site, then you agree that no such feedback shall be subject to any obligation of confidentiality, and we may use or publish such feedback at our discretion.
- User Content. Content provided through the Site may be provided by Customers or by Businesses (“User Content”). User Content also includes any feedback, comments or ratings provided by any Customer. If you provide any User Content, you represent and warrant that such content does not (a) infringe the intellectual property, moral or publicity rights of any third party, (b) contain any defamatory, libelous, obscene, sexually suggestive or otherwise offensive content (including material promoting or glorifying hate, violence, or bigotry), (c) contain any worms, viruses or otherwise malicious software or (d) violate any applicable law or regulation. By posting or uploading any User Content you hereby grant Ladingo and its affiliates and sublicensees a worldwide, non-exclusive, perpetual, royalty-free license to publish, perform, display and distribute such User Content in any form as part of the Site or in order to promote and market Ladingo and the Site. We reserve the rights to remove, suspend access to or permanently delete any User Content, without notice, including without limitation any User Content that in our reasonable view violates the warranties set forth above or our business interests. Such decisions shall be made in our sole discretion and you shall have no claim in respect of any such decisions by us.
- Disclaimer. Your use of the Site is at your sole discretion and risk. The Site is provided on an “AS-IS” and “AS-AVAILABLE” basis without warranties of any kind. Ladingo expressly disclaims any warranties and without limitation, express or implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. Any reliance on the Site is at your own risk, and Ladingo disclaims any warranties, express or implied, (i) regarding the security, accuracy, reliability, timeliness and performance of the Site; or (ii) that the Site will be error-free or that any errors will be corrected; or (iii) regarding the performance of or accuracy, quality, currency, completeness or usefulness of any information provided by the Site.
- Limitation of Liability. in no event shall Ladingo, its directors, officers, employees, agents or shareholders, be liable to you or any other third party for any damages, including but not limited to general, incidental, consequential, indirect, direct, special or punitive damages, arising out of or relating to the Site. Ladingo’s entire liability under any provision of these terms shall not exceed amounts you have paid to Ladingo to use the Site. As such, if you have not made any payment to Ladingo to use the Site, Ladingo shall have no liability to you in respect thereof. Ladingo is not responsible for any connections to or from the Internet. Ladingo is not responsible for any telephone network or lines or computer systems or servers. Under no circumstances shall Ladingo be responsible for any loss or damage resulting from use of the Site, from any content posted on or through the Site, or from the conduct of any employees or agents of any Business, whether online or offline.
- You agree to indemnify, defend, and hold harmless Ladingo and its employees, directors, shareholders, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including attorneys’ fees and court costs) that arise directly or indirectly from: (a) the breach of these Terms by you or anyone using your computer or password, (b) any case of any inaccuracy in classification or product description, including its size and/or weight; or (c) your violation of any law or regulation.
- The term of this agreement shall commence on the date you accept these Terms and shall continue indefinitely unless otherwise terminated in accordance with these Terms. Either party may terminate these Terms at any time by written notice (including via email). Notwithstanding the termination of these Terms, Sections 2 – 14 shall survive the termination of these Terms for any reason.
- Third Parties. Ladingo does not endorse any products offered by Business or any other third party. The Site may provide links to third party websites or third party services or resources. We have no control over third-party sites, content or resources and all use of the foregoing is at your own risk. Additionally, all payments made to purchase goods or services are made through third party payment processors. We cannot accept responsibility for any payments processed or submitted through such third party payment processors, or for the privacy policies of any such services.
- Miscellaneous. To the extent that we need to contact you, you agree that we may do so via any electronic means, including but not limited to email communications. These Terms represent the entire agreement between the parties regarding the subject matter hereof and supersedes any and all other agreements between the parties regarding the subject matter hereof. Ladingo may assign its rights or obligations pursuant to these Terms. Customer agrees not to assign any rights under these Terms and any attempted assignment shall be void. If any provision of these Terms shall be deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall be interpreted to give maximum effect to its terms as permitted under law, and such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of these Terms which shall remain in full force and effect. These Terms shall be governed by the laws of Israel, and the competent courts in Tel-Aviv/Jaffa, Israel shall have exclusive jurisdiction to hear any disputes arising hereunder.