TERMS & CONDITIONS
Terms and conditions for the subscription of the Cargoflux
1. Application acceptance of subscription and terms
1.1. These terms and conditions of subscription of the CargoFlux Application (the “T&C”) are deemed to be accepted, if the Customer checks the box "I have read and accept the terms and conditions of subscription" on the order form, uses the application or services or in any other way expresses acceptance thereof, and they apply to the relationship between CargoFlux ApS, CVR no. 35521879, Njalsgade 23C, st.tv, DK-2300 Copenhagen, Denmark (“CargoFlux”) and the customer (the “Customer”).
2. Scope and use of the subscription
2.1. In accordance with these T&C, the Customer is granted a non-exclusive right to use the CargoFlux software and selected extra modules (the “Application”) which are available online as software as a service. The Customer does not acquire the Application or a copy or part thereof and does not acquire a licence to use the Application, except as software as a service.
2.2. The Customer's subscription allows the Customer to use the Application for the number of entries, users, extra modules, etc. that the Customer has originally chosen. If the Customer needs additional capacity or functionality, the subscription will automatically be upgraded by the use of these additional entries, users, extra modules, etc., and the Customer accepts that the price increases correspondingly.
2.3. An overview of subscription types and selected extra modules is available in the Application or on CargoFlux's website. Specific terms may apply to some of these individual functions, services and extra modules that must be accepted in addition to these T&C before they can be used.
2.4. Access to use the Application applies exclusively to the Customer and its advisers and the Application may not be used by any other than the Customer, or for data processing or for the provision of services by any other than the Customer. The Customer vouches for and is fully liable in respect of third parties to whom the Customer grants access to the Application or who use the Customer's log in details.
2.5. The Customer must ensure that the Application is not used in a manner that may damage the name, reputation or goodwill of CargoFlux or that violates applicable legislation or other regulations.
2.6 Subscription begins upon acceptance of this agreement and expires until terminated in accordance with these Terms.
3. Prices and terms of payment
3.1. Invoices are payable monthly in advance. Payment is due net eight (8) days from the invoice date.
3.2. If the subscription is not paid on time, reminder no. 1 will be sent without charge seven (7) days after the due date of payment of the invoice. If the subscription is still not paid, reminder no. 2 will be sent 10 days later and will include a fee of DKK 100. If payment has still not been received within seven (7) days after reminder no. 2, access to the Application will be barred. Access to the Application will be re-opened after payment of the invoice and late fee, unless CargoFlux has cancelled the subscription beforehand.
3.3. The Customer accepts that invoices and reminders sent by e-mail to the e-mail address stated by the Customer are deemed delivered, when sent by CargoFlux.
3.4. The Customer is required to pay through Leverandørservice or creditcard.
4. Term and termination
4.1. The subscription is a continuing contractual relationship which will expire upon termination by the Customer or CargoFlux. The subscription is automatically renewed and may, 12 months after the first subscription period, be terminated at any time by the Customer giving notice of at least 90 days, with effect from the last day of the month.
4.2. If CargoFlux makes material changes to these T&C to the disadvantage of the Customer, including substantial price alterations, the Customer may terminate its subscription giving 14 days' notice prior to the date of change. Notification of price alterations is given with 90 days' notice. This does not, however, apply to increases of less than 5% of the list price. The Customer's notice of termination must be given on www.cargoflux.com or submitted by letter to CargoFlux's address.
4.3. CargoFlux may terminate the subscription giving notice of six months before the expiry of a calendar quarter or without notice in the event of material breach by the Customer of these T&C or the Customer's bankruptcy or insolvency.
5. Customer data
5.1. The parties agree that the Customer owns and may freely dispose of his own data in the Application. The Application gives the Customer the option of exporting all card indexes, data, etc. via the Application's export function, and the Customer accepts that such export must be effected by the Customer before the termination of the subscription. In the case of expiry of the subscription or termination by the Customer, CargoFlux must aim to give the Customer a grace period of 10 days after termination, during which the export function may be used, provided this is reasonable and commercially viable.
5.2. CargoFlux reserves the right to delete the Customer's data 90 days after termination of the subscription regardless of the reason for termination, and CargoFlux is under no obligation to store data after this time.
5.3. CargoFlux is entitled to store the Customer's data after termination with a view to using them in anonymised form for statistics and analysis purposes.
5.4. CargoFlux may in exceptional cases, in which it deems it reasonable and legitimate to do so, such as in the case of assessing the size of a loss, give third parties and authorities access to the Customer's data in connection with judgments, municipal requirements, the bankruptcy or death of the Customer or the like.
5.5 Rights related to your personal data
Opt-out: You may opt-out of future e-mail communications by following the unsubscribe links in our e-mails. You may also notify us by emailing support@cargoflux.com to be removed from our mailing list.
Access: You may access the personal information we have about you by submitting a request to support@cargoflux.com.
Amend: You may contact us via support@cargoflux.com to amend or update your personal information.
Forget: In certain situations, you may request that we erase or forget your personal data. To do so, please submit a request to support@cargoflux.com.
6. Operating stability
6.1. CargoFlux aims to provide the highest possible operating stability, but is not responsible for breakdown or malfunction, including malfunction caused by factors beyond CargoFlux's control. This includes power failure, equipment failure, internet connections, telecommunications or the like. The Application and services are delivered as they are and CargoFlux disclaims all guarantees, assurances, warranties, trade puffs or other terms, direct as well as indirect.
6.2. In case of breakdown or malfunction, CargoFlux aims at restoring operating stability as soon as possible.
6.3. Planned disruptions will be primarily scheduled between 21.00-06.00 CET. Should it be necessary to interrupt access to the Application outside these hours, this will, as far as possible, be announced in advance.
7. Changes
7.1. CargoFlux is entitled to make continuous updates and improvements of the Application. CargoFlux is also entitled to change the composition and structure of the Application and services. These updates, improvements and changes may be made with or without notice and may affect services, including information and data uploaded to or provided by the Application.
7.2 Technical support regarding the system is included. Specific requests and request for development, will be charged by the hour.
7.3 Consulting tasks will be charged by the hour.
8. Intellectual property rights
8.1. The Application and information provided by the Application, except for the Customer's data are protected by copyright and other intellectual property rights and are owned by or licensed to CargoFlux. The Customer must inform CargoFlux of any current or potential infringement of CargoFlux's intellectual property rights or any unauthorised use of the Application of which the Customer becomes aware.
8.2. No intellectual property rights are transferred to the Customer.
8.3. As regards material uploaded by the Customer and all the Customer's data, the Customer gives CargoFlux and its suppliers a permit and a global licence sufficient for enabling CargoFlux to safely process and operate the Application, meet its obligations and direct its marketing at the Customer. The Customer warrants that the material being uploaded does not infringe third party rights and does not contain any material that may be offensive or in violation of applicable legislation or other regulation.
9. Assignment
9.1. CargoFlux is entitled to assign its rights and obligations in respect of the Customer to an affiliated company or a third party.
9.2. The Customer accepts that CargoFlux is entitled to use sub-suppliers in all cases, including in connection with processing and operation of the Application and the storage of the Customer's data.
10. Liability of Cargoflux
10.1. CargoFlux disclaims any liability in relation to these T&C, services or use of the Application, contractual or non-contractual, including operating loss, consequential loss or other indirect loss, loss of data, loss arising from product liability or loss arising from negligence.
10.2. CargoFlux is not liable for third party solutions that are available and/or are integrated with the Application. Thus, CargoFlux cannot be held liable for the accuracy, completeness, quality and reliability of the information, or for the results achieved through these third party solutions. Similarly, CargoFlux cannot be held liable for the availability, security or functionality of these third party solutions, including any possible damage and/or loss caused by third party solutions. It rests with the Customer to prove that any loss suffered by the Customer is not caused by third party solutions.
10.3. The Customer agrees to indemnify CargoFlux against any claim or loss resulting from product liability, loss in relation to third parties or liability in relation to third parties, to the extent that these originate in the Customer's use of the Application.
11. Duty of confidentiality and data security
11.1. CargoFlux only processes the Customer's data according to the Customer’s instructions, thus not for its own, unauthorised purposes.
11.2. CargoFlux must observe confidentiality when handling all information about the Customer that comes into its possession, and may not pass on such information to third parties except in cases where the information is publicly available, or in cases where CargoFlux has received non-confidential information from a third party, or in cases where CargoFlux is under an obligation to pass on the information according to legislation or to comply with a municipal or court order.
11.3. CargoFlux has taken the necessary technical and organisational precautions to protect the information in the Application against accidental or unlawful destruction, loss or alteration and against disclosure to unauthorised persons, abuse or any other treatment in violation of the Danish Act on Processing of Personal Data.
11.4. At the request of the Customer - and in return for payment at the applicable hourly rates of CargoFlux for work of this kind - CargoFlux provides sufficient information for the Customer to check that the above-mentioned technical and organisational precautions have been taken.
11.5. To the extent that the Customer uses information, user names or passwords that relate to third party information or services in relation to CargoFlux, the Customer warrants that the passing on of such information and CargoFlux's processing of such information do not violate any rights or agreements with third parties. The Customer must indemnify CargoFlux against any loss in connection thereto
12. Change of terms
12.1. CargoFlux may at any time change these T&C in any respect. The T&C applicable at any time are available on CargoFlux's website. CargoFlux aims to provide a reasonable period of notice (one month) in connection with any changes by posting notification on the website. Use of the Application after a change of these T&C constitutes an acceptance of the modified T&C. It rests with the Customer to remain updated at all times in respect of changes of these T&C.
13. Disputes
13.1. These T&C are governed by Danish law and any dispute arising from the subscription, including these T&C, must be brought before the City Court of Copenhagen.
14. Validity
14.1. These T&C have been updated on 13 November 2021and replace previous versions of the T&C.