Terms of Use Agreement
Welcome to cargoz.com, the website and online service of Cargoz FZE. (“Cargoz”, “we”, or “us”). Cargoz provides you with a service that aims to make storage smart and simple. This page explains the terms by which you may use our online and/or mobile services, web sites, and software provided on or in connection with cargoz.com and any services provided by us (collectively the “Site ”), as well as our offline storage services. By accessing or using the Site and/or using the Storage Services (as defined below), you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection, use, and disclosure of your information as set forth in the Cargoz Privacy Policy, whether or not you are a registered user of our Site. This Agreement applies to all visitors, users, and others who access the Site or use the Storage Services (“Users”, “you”, or “your”).
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
المصطلحات
In this Agreement:
A. “Good(s)” means the items that you store with Cargoz.
B. “Storage Service(s)” means the storage services provided by or on
behalf of Cargoz as described in Section 3 below.
C. “Storage Box(es)” means any container including but not limited to carton boxes,
plastic boxes, pallets etc used for the packing and storage of your Goods.
٢. استخدام موقعنا
A. Eligibility You may use the Site only if you can form a binding contract with Cargoz, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. You must be at least 18 years old to use the Site and Storage Services. By registering to use the Site and Storage Services, you represent and warrant that you are 18 years of age or older. Any use or access to the Site or Storage Services by anyone under 18 is strictly prohibited and in violation of this Agreement. The Site and Storage Services not available to any Users previously removed from the Site by Cargoz.
B. Cargoz Site Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site for your personal, noncommercial use only and as permitted by the features of the Site. Cargoz reserves all rights not expressly granted herein in the Site and the Cargoz Content (as defined below). Cargoz may terminate this license at any time for any reason or no reason.
C. Cargoz Accounts Your Cargoz account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. If you open a Cargoz account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Cargoz with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Cargoz immediately of any breach of security or unauthorized use of your account. Cargoz will not be liable for any losses caused by any unauthorized use of your account. You may control your User profile and account settings by emailing us at hello@cargoz.com or call us at 800-665544. By providing Cargoz your email address, you consent to our using the email address to send you Site- and Storage Service - related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Site and Storage Services and special offers. If you do not want to receive such email messages, you may opt out or change your preferences by emailing us at hello@cargoz.com. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
D. Site Rules You agree not to engage in any
of the following prohibited activities:
(i) copying, distributing, or disclosing any part of the Site
in any medium, including without limitation by any automated
or non-automated “scraping”; (ii) using any automated system,
including without limitation “robots,” “spiders,” “offline
readers,” etc., to access the Site in a manner that sends more
request messages to the Cargoz servers than a human can
reasonably produce in the same period of time by using a
conventional on-line web browser;
(iii) transmitting spam, chain letters, or other unsolicited
email;
(iv) attempting to interfere with, compromise the system
integrity or security or decipher any transmissions to or from
the servers running the Site; (v) taking any action that
imposes, or may impose at our sole discretion an unreasonable
or disproportionately large load on our infrastructure; (vi)
uploading invalid data, viruses, worms, or other software
agents through the Site;
(vii) collecting or harvesting any personally identifiable
information, including account names, from the Site;
(viii) using the Site for any commercial solicitation
purposes;
(ix) impersonating another person or otherwise misrepresenting
your affiliation with a person or entity, conducting fraud,
hiding or attempting to hide your identity;
(x) interfering with the proper working of the Site;
(xi) accessing any content on the Site through any technology
or means other than those provided or authorized by the Site;
or
(xii) bypassing the measures we may use to prevent or restrict
access to the Site, including without limitation features that
prevent or restrict use or copying of any content or enforce
limitations on use of the Site or the content therein.
٣. خدمة التخزين
A. Cargoz Subject to the terms and conditions
of this Agreement, including without limitation the payment of
all fees under this Agreement, Cargoz shall, upon request: (i)
Pick up the Goods that you have packed from the address you
designate as the pickup address (the “Pickup Address”);
(ii) transport your Goods to a storage facility for storage; and
(iii) return your Goods to the address you designate as the
delivery address (the “Delivery Address”). The foregoing
storage services shall be referred to under this Agreement as
“Storage Services.”
Cargoz will not pickup or deliver or return Goods to an address
that is not in an active Cargoz delivery zone listed on our
current Delivery Zone List, unless we otherwise agree to do so
in writing. Times given for delivery, pickup, and other services
are only estimates and Cargoz shall not be liable for any delay
in delivery, pickup, or other services.
Cargoz will NOT deal or provide any services or
products to any of OFAC sanctions countries in accordance with
the law of UAE. Multiple shipments/delivery may result in
multiple charges to the customer's account.
Cargoz may cancel or postpone any delivery, collection, or
service of Goods in the event that Cargoz believes, in
its sole discretion, that it may endanger any Cargoz employee,
agent, contractor or other individual due to (including but
not limited to) severe weather conditions or by reason of
Cargoz having limited access to the Address.
You acknowledge and agree that Cargoz will not be responsible
for: (i) dismantling or assembling any unit, system, or
furniture (including flat pack); (ii) disconnecting,
reconnecting, dismantling or reassembling appliances,
fixtures, fittings or equipment; or (iii) packing Goods into
Storage Boxes. Cargoz does not warrant that the storage
facility used by Cargoz is a suitable place or means of storage
for any particular goods, including without limitation, your
Goods.
B. Your Responsibilities You will be solely responsible for: (i) obtaining and ensuring that Cargoz or its carrier has such access to any parking as may be reasonably required to carry out the Storage Services; (ii) being present, or ensuring that someone authorized by you is present, during the delivery and collection of your Goods; (iii) providing Cargoz with your contact details and ensuring that such contact details are accurate and up-to-date; (iv) ensuring that the Goods have been securely packed so as not to cause damage or injury or the likelihood of damage or injury to your Goods, Cargoz’s property, employees, agents, contractors, business partners, other goods, or other individuals, whether by spreading of dampness, infestation, leakage or the escape of fumes or substances or otherwise; (v) informing Cargoz immediately upon delivery of any damage to the Goods or your property that occurred during a delivery, collection or other service; and (vi) reimbursing Cargoz in full an amount equal to all damages, liabilities, costs, claims and expenses that Cargoz may incur as a result of your use of the Storage Service or any breach by you of this Agreement.
C. The Goods You represent and warrant that
you own the Goods or that you otherwise have the right and
authority to store and use the Goods in accordance with this
Agreement.
The Goods must not include and you must not store any of the
following in any Storage Boxes or otherwise in connection with
the Storage Services: antiques (whether or not breakable and
fragile), perishable goods, firearms, explosives, used tires,
plants, birds, fish, other animals, or any other living thing,
arms or ammunition, any item which emits fumes, smells or
odors, bullion (e.g., gold-silver), jewelry, currency, ivory,
precious metals or stones, any drugs, alcohol or alcoholic
beverages, illegal substances or goods, or goods or substances
illegally obtained, combustible or flammable materials,
liquids or compressed gases, diesel, petrol, oil, gas,
artificial fertilizer or cleaning solvents, chemicals,
radioactive materials or biological agents, toxic waste,
asbestos or other materials of a dangerous or harmful nature,
any other toxic, flammable or hazardous goods, or any other
items, the pos, usage, or storage of which may detrimentally
affect anything outside of your Storage Box or violate in any
way the laws of the United Arab Emirates or any other
applicable laws, rules, or regulations (collectively, “Prohibited Goods”).
Cargoz or its contractors may at any time without notifying you
open any Storage Boxes to inspect the Goods if Cargoz: (i)
believes, in its sole discretion, that the Storage Boxes may
contain any Prohibited Goods; (ii) is required to do so by the
police, fire services, local authorities or by court order; or
(iii) considers it necessary, in its sole discretion, in an
emergency or to prevent injury or damage to persons or
property.
Cargoz may refuse to store any Goods, or may return to you any
Goods, at your cost, at any time, if, in Cargoz’s sole
discretion, the storage, or continued storage, of the Goods
would represent a risk to the safety of any person, the
security of the storage site, or any other goods stored at the
storage site.
D. Payment By using the Storage Services or
other paid services or products provided by Cargoz, you agree
to the pricing and payment terms, as we may update them from
time to time. Cargoz may add new services for additional fees
and charges, or amend fees and charges for existing services,
at any time in its sole discretion. Any change to our pricing
or payment terms shall become effective in the billing cycle
following notice of such change to you as provided in this
Agreement. All information that you provide in connection with
a purchase or transaction or other monetary transaction
interaction with the Site or Storage Services must be
accurate, complete, and current. You agree to pay all charges
incurred by users of your credit card, debit card, or other
payment method used in connection with a purchase or
transaction or other monetary transaction interaction with
Cargoz at the prices in effect when such charges are incurred.
You will pay any applicable taxes, if any, relating to any
such purchases, transactions or other monetary transaction
interactions. Any amounts not paid when due shall bear
interest at the rate of 1.5% per month or the maximum rate
allowed by law, whichever is less.
You may cancel your Cargoz account at any time; however, there
are no refunds for cancellation after storage, Other refunds
will be done only through the Original Mode of Payment. In the
event that Cargoz suspends or terminates your account or this
Agreement for your breach of this Agreement, you understand
and agree that you shall receive no refund or exchange for any
unused storage time, any license or subscription fees for any
portion of the Site or Storage Services, any content or data
associated with your account, or for anything else.
E. Cargoz’s Right to Withhold or Dispose of Goods
Cargoz shall have the right to withhold and ultimately dispose
of some or all of the Goods in accordance with this clause if
either: (i) you do not pay any applicable fees or any other
payments due under this Agreement or (ii) you abandon your
Goods, which will occur in the event your Cargoz subscription
terminates or expires and you fail to take possession of your
Goods within 15 days from the termination or expiration date,
despite Cargoz’s or an applicable courier’s good faith attempts
to return your Goods.
You will be responsible for all storage charges and other
associated costs reasonably incurred by Cargoz while
withholding or disposing of the Goods. Cargoz will provide you
with 15 days’ written notice requiring you to pay all amounts
due and contact Cargoz to arrange for re-delivery of the
Storage Boxes. If upon the expiration of the 15-day notice
period you have failed to pay all of the amounts due, Cargoz
may dispose of some or all of the Goods by sale or otherwise.
If in Cargoz’s opinion the Goods cannot be sold for a
reasonable price or at all (for any reason), or despite
Cargoz’s reasonable efforts they remain unsold, you authorize
Cargoz to treat them as abandoned and to destroy or otherwise
dispose of them at your cost. You shall be responsible for all
costs reasonably incurred by Cargoz in relation to the disposal
of the Goods. If Cargoz receives money on disposal of the
Goods, the net proceeds of sale will be credited to your
account and Cargoz will pay any excess amounts to you without
interest, less Cargoz’s administrative charge of USD 100.
If, after having made reasonable efforts to do so, Cargoz is
unable to return any excess amounts received by Cargoz from the
disposal of your Goods to you, including having given not less
than 90 days’ written notice to you, Cargoz may retain any such
excess amounts for its own account. If the proceeds of sale
(if any) are insufficient to discharge the outstanding charges
or any other payments due to Cargoz under this Agreement and
the costs of sale, you must pay any balance outstanding to
Cargoz within 7 days of a written demand from Cargoz. Interest
will accrue on the balance in accordance with the Payment
Section above until the balance is paid in full.
F. Cargoz’s Limited Security Warranty Cargoz agrees to provide you with a limited security warranty regarding your Goods as set forth in the terms and conditions of our Limited Security Warranty Policy.
G. Termination You may terminate this
Agreement at any time by requesting the return of your Storage
Boxes packed with your Goods and by paying any outstanding
fees due to Cargoz. We may, without prior notice, change the
Site or Storage Services; stop providing the Site or Storage
Services or features of the Site or Storage Services, to you
or to Users generally; or create usage limits for the Site or
Storage Services. We may permanently or temporarily terminate
or suspend your access to the Site or Storage Services without
notice and liability for any reason, including if in our sole
determination you violate any provision of this Agreement, or
for no reason. Upon termination for any reason or no reason,
you continue to be bound by this Agreement.
Upon termination of this Agreement for any reason you must
contact Cargoz promptly to arrange for delivery of your Storage
Boxes. If within 15 days following termination of this
Agreement for any reason you fail to arrange for delivery of
all of your Storage Boxes, then Cargoz may process the Goods in
accordance with the provisions of the section titled “Cargoz’s
Right to Withhold or Dispose of Goods” above.
٤. محتوى المستخدم
Some areas of the Site may allow users to provide content such
as profile information, photos of Goods, comments, questions,
and other content or information (any such materials a user
submits, posts, displays, or otherwise makes available on the
Site “User content”). We reserve the ownership rights over such
content created on the Site by you. By creating User Content through the Site, you
agree to allow others to view, edit, and/or share your User
Content in accordance with the functionality of the Site, your
settings, and this Agreement. Cargoz has the right (but not the
obligation) in its sole discretion to remove any User Content
that is provided to or transmitted via the Site.
You agree not to post User Content that:
(i) may create a risk of harm, loss, physical or mental
injury, emotional distress, death, disability, disfigurement,
or physical or mental illness to you, to any other person, or
to any animal;
(ii) may create a risk of any other loss or damage to any
person or property;
(iii) seeks to harm or exploit children by exposing them to
inappropriate content, asking for personally identifiable
details or otherwise; (iv) may constitute or contribute to a
crime or tort;
(v) contains any information or content that we deem to be
unlawful, harmful, abusive, racially or ethnically offensive,
defamatory, infringing, invasive of personal privacy or
publicity rights, harassing, humiliating to other people
(publicly or otherwise), libelous, threatening, profane, or
otherwise objectionable; (vi) contains any information or
content that is illegal (including, without limitation, the
disclosure of insider information under securities law or of
another party’s trade secrets);
(vii) contains any information or content that you do not have
a right to make available under any law or under contractual
or fiduciary relationships; or
(viii) contains any information or content that you know is
not correct and current. You agree that any User Content that
you post does not and will not violate third-party rights of
any kind, including without limitation any Intellectual
Property Rights (as defined below) or rights of privacy. Cargoz
reserves the right, but is not obligated, to reject and/or
remove any User Content that Cargoz believes, in its sole
discretion, violates these provisions.
For the purposes of this Agreement, “Intellectual Property
Rights” means all patent rights, copyright rights, mask work
rights, moral rights, rights of publicity, trademark, trade
dress and service mark rights, goodwill, trade secret rights
and other intellectual property rights as may now exist or
hereafter come into existence, and all applications therefore
and registrations, renewals and extensions thereof, under the
laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent
and warrant the following:
A. You have the written consent of each and every identifiable
natural person in the User Content to use such person’s name
or likeness in the manner contemplated by the Site and this
Agreement, and each such person has released you from any
liability that may arise in relation to such use.
B. Your User Content and Cargoz’s use thereof as contemplated
by this Agreement, the Site, and Storage Services will not
violate any law or infringe any rights of any third party,
including but not limited to any Intellectual Property Rights
and privacy rights.
C. Cargoz may exercise the rights to your User Content granted
under this Agreement without liability for payment of any
guild fees, residuals, payments, fees, or royalties payable
under any collective bargaining agreement or otherwise.
D. To the best of your knowledge, all your User Content and
other information that you provide to us is truthful and
accurate.
Cargoz takes no responsibility and assumes no liability for any
User Content that you or any other User or third party posts
or sends over the Site. You shall be solely responsible for
your User Content and the consequences of posting or
publishing it. You understand and agree that you may be
exposed to User Content that is inaccurate, objectionable,
inappropriate for children, or otherwise unsuited to your
purpose, and you agree that Cargoz shall not be liable for any
damages you allege to incur as a result of User Content.
٤. منح ترخيص محتوى المستخدم
By posting any User Content on the Site, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Cargoz a royalty-free, sub licensable, 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 User Content and your name, voice, and/or likeness as contained in your User 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 Site and Cargoz’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and under this Agreement.
٥. برامج الجوال
A. Mobile Software
We may make available software to access the Site via a mobile
device (“Mobile Software”). To use the Mobile Software you
must have a mobile device that is compatible with the Mobile
Software. Cargoz does not warrant that the Mobile Software will
be compatible with your mobile device. Cargoz hereby grants you
a non-exclusive, non-transferable, revocable license to use a
compiled code copy of the Mobile Software for one Cargoz
account on one mobile device owned or leased solely by you,
for your personal use. You may not: (i) modify, disassemble,
decompile or reverse engineer the Mobile Software, except to
the extent that such restriction is expressly prohibited by
law; (ii) rent, lease, loan, resell, sublicense, distribute or
otherwise transfer the Mobile Software to any third party or
use the Mobile Software to provide time sharing or similar
Sites for any third party; (iii) make any copies of the Mobile
Software; (iv) remove, circumvent, disable, damage or
otherwise interfere with security-related features of the
Mobile Software, features that prevent or restrict use or
copying of any content accessible through the Mobile Software,
or features that enforce limitations on use of the Mobile
Software; or (v) delete the copyright and other proprietary
rights notices on the Mobile Software. You acknowledge that
Cargoz may from time to time issue upgraded versions of the
Mobile Software, and may automatically electronically upgrade
the version of the Mobile Software that you are using on your
mobile device. You consent to such automatic upgrading on your
mobile device, and agree that the terms and conditions of this
Agreement will apply to all such upgrades. Any third-party
code that may be incorporated in the Mobile Software is
covered by the applicable open source or third-party license
EULA, if any, authorizing use of such code. The foregoing
license grant is not a sale of the Mobile Software or any copy
thereof, and Cargoz or its third party partners or suppliers
retain all right, title, and interest in the Mobile Software
(and any copy thereof). Any attempt by you to transfer any of
the rights, duties or obligations hereunder, except as
expressly provided for in this Agreement, is void. Cargoz
reserves all rights not expressly granted under this
Agreement. The Mobile Software may be subject to the import
and export laws of other countries. You agree to comply with
all United Arab Emirates’s and foreign laws related to use of
the Mobile Software and the Cargoz Site.
B. Mobile Software from iTunes
The following applies to any Mobile Software you acquire from
the iTunes Store (“iTunes-Sourced Software”): You acknowledge
and agree that this Agreement is solely between you and Cargoz,
not Apple, and that Apple has no responsibility for the
iTunes-Sourced Software or content thereof. Your use of the
iTunes-Sourced Software must comply with the App Store Terms
of Site. You acknowledge that Apple has no obligation
whatsoever to furnish any maintenance and support Sites with
respect to the iTunes-Sourced Software. In the event of any
failure of the iTunes-Sourced Software to conform to any
applicable warranty, you may notify Apple, and Apple will
refund the purchase price for the iTunes-Sourced Software to
you; to the maximum extent permitted by applicable law, Apple
will have no other warranty obligation whatsoever with respect
to the iTunes-Sourced Software, and any other claims, losses,
liabilities, damages, costs or expenses attributable to any
failure to conform to any warranty will be solely governed by
this Agreement and any law applicable to Cargoz as provider of
the software. You acknowledge that Apple is not responsible
for addressing any claims of you or any third party relating
to the iTunes-Sourced Software or your possession and/or use
of the iTunes-Sourced Software, including, but not limited to:
(i) product liability claims; (ii) any claim that the
iTunes-Sourced Software fails to conform to any applicable
legal or regulatory requirement; and (iii) claims arising
under consumer protection or similar legislation; and all such
claims are governed solely by this Agreement and any law
applicable to Cargoz as provider of the software. You
acknowledge that, in the event of any third party claim that
the iTunes-Sourced Software or your possession and use of that
iTunes-Sourced Software infringes that third party’s
intellectual property rights, Cargoz, not Apple, will be solely
responsible for the investigation, defense, settlement and
discharge of any such intellectual property infringement claim
to the extent required by this Agreement. You and Cargoz
acknowledge and agree that Apple, and Apple’s subsidiaries,
are third party beneficiaries of this Agreement as relates to
your license of the iTunes-Sourced Software, and that, upon
your acceptance of the terms and conditions of this Agreement,
Apple will have the right (and will be deemed to have accepted
the right) to enforce this Agreement as relates to your
license of the iTunes-Sourced Software against you as a third
party beneficiary thereof.
٦. حقوق الملكية الخاصة بنا
Except for your User Content, the Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, Site marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Cargoz Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Cargoz and its licensors (including other Users who post User Content to the Site). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Cargoz Content. Use of the Cargoz Content for any purpose not expressly permitted by this Agreement is strictly prohibited. You may choose to or we may invite you to submit feedback, comments, suggestions, error identifications, or ideas about the Site or Storage Services, including without limitation about how to improve the Site, the Storage Services, or our other services or products (“Idea(s)”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Cargoz under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Cargoz does not waive any rights to use similar or related ideas previously known to Cargoz, or developed by its employees, or obtained from sources other than you.
٧. الخصوصية
We care about the privacy of our Users. You understand that by using the Site you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy , and to have your personally identifiable information collected, used, transferred to and processed in the United Arab Emirates.
٨. الأمان
Cargoz cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
٩. إشعار انتهاك حقوق الطبع والنشر
Since we respect artist and content owner rights, it is
Cargoz’s policy to respond to alleged infringement notices that
comply with the appropriate and applicable Copyright
Act of United Arab Emirates.
If you believe that your copyrighted work has been copied in a
way that constitutes copyright infringement and is accessible
via the Site, please notify Cargoz’s copyright agent.
1. An electronic or physical signature of a person authorized
to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has
been infringed;
3. Identification of the material that is claimed to be
infringing and where it is located on the Site;
4. Information reasonably sufficient to permit Cargoz to
contact you, such as your address, telephone number, and,
e-mail address;
5. A statement that you have a good faith belief that use of
the material in the manner complained of is not authorized by
the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above
information is accurate, and that you are the copyright owner
or are authorized to act on behalf of the owner.
The above information must be submitted to the following Cargoz
Representative: Email: hello@cargoz.com
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE
MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL
PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING
MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
١٠. روابط الطرف الثالث
The Site may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Cargoz. Cargoz does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Site, you do so at your own risk, and you understand that this Agreement and Cargoz’s Privacy Policy do not apply to your use of such sites and services. You expressly relieve Cargoz from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Site or in connection with the Storage Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Cargoz shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
١١. التعويض
You agree to defend, indemnify and hold harmless Cargoz and its subsidiaries, agents, licensors, managers, and other affiliated companies, 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) arising from: (i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your use of the Storage Services; (iii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iv) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (v) your violation of any applicable law, rule, or regulation; (vi) any of your User Content or Goods, or any that is submitted via your account; or (vii) any other party’s access and use of the Site or Storage Services with your unique username, password or other appropriate security code.
١٢. عدم الضمان
EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED SECURITY WARRANTY POLICY, THE SITE AND STORAGE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITE AND STORAGE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND STORAGE 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 CARGOZ OR THROUGH THE SITE OR IN CONNECTION WITH THE STORAGE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, CARGOZ, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR STORAGE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SITE OR STORAGE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE 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 SITE. CARGOZ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CARGOZ SITE OR STORAGE SERVICES OR ANY WEBSITE OR SERVICE HYPERLINKED TO THE SITE, AND CARGOZ WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
١٣. حدود المسؤولية
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL CARGOZ, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES,
SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT
FROM THE USE OF, OR INABILITY TO USE, THIS SITE OR STORAGE
SERVICES. UNDER NO CIRCUMSTANCES WILL CARGOZ BE RESPONSIBLE FOR
ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING
OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR
ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CARGOZ
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO OR USE OF OUR SITE OR STORAGE SERVICES (EXCEPT AS
EXPRESSLY PROVIDED IN THE LIMITED SECURITY WARRANTY POLICY);
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT
MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY;
(VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE
SITE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE,
OR ILLEGAL CONDUCT OF ANY THIRD PARTY. EXCEPT AS EXPRESSLY
PROVIDED IN THE LIMITED SECURITY WARRANTY POLICY, IN NO EVENT
SHALL CARGOZ, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES,
SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS,
PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR
COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO CARGOZ
HEREUNDER IN THE TWELVE (12) MONTHS PRIOR TO THE DATE THE LAST
CAUSE OF ACTION AROSE OR USD 165.000, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE
ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CARGOZ HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Site is controlled and operated from facilities in the
United Arab Emirates. Cargoz makes no representations that the
Site is appropriate or available for use in other locations.
Those who access or use the Site from other jurisdictions do
so at their own volition and are entirely responsible for
compliance with all applicable United Arab Emirates and local
laws and regulations, including but not limited to export and
import regulations. You may not use the Site if you are a
resident of a country embargoed by the United Arab Emirates,
or are a foreign person or entity blocked or denied by the
United Arab Emirates government. Unless otherwise explicitly
stated, all materials found on the Site are solely directed to
individuals, companies, or other entities located in the
United Arab Emirates.
١٤. فشل المشروع
In the event that Cargoz ceases operations, we will attempt to make reasonable efforts to return your Goods to you, but cannot guarantee if and when such returns will occur. Cargoz will not be liable for any failure to return Goods in the event of a business failure.
15. القانون النافذ، والتحكيم، والتنازل عن الدعاوى الجماعية/ المحاكمات أمام هيئة المحلفين.
A. Governing Law.
This Agreement shall be governed by the internal substantive
laws of the United Arab Emirates, without respect to its
conflict of laws principles. The parties acknowledge that this
Agreement evidences a transaction involving interstate
commerce. Notwithstanding the preceding sentences with respect
to the substantive law, any arbitration conducted pursuant to
the terms of this Agreement shall be governed by the available
and appropriate act & laws of United Arab Emirates. The
application of the United Nations Convention on Contracts for
the International Sale of Goods is expressly excluded. You
agree to submit to the personal jurisdiction of the United
Arab Emirates for any actions for which we retain the right to
seek injunctive or other equitable relief in a court of
competent jurisdiction to prevent the actual or threatened
infringement, misappropriation or violation of our copyrights,
trademarks, trade secrets, patents, or other intellectual
property or proprietary rights, as set forth in the
Arbitration provision below.
B. Arbitration READ THIS SECTION CAREFULLY
BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES
AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CARGOZ.
Any dispute claiming arising out of or in connection with this
website shall be governed and constructed in accordance with
the laws of UAE. United Arab of Emirates is our country of
domicile. Minors under the age of 18 shall are prohibited to
register as a User of this website and are not allowed to
transact or use the website. If you make a payment for our
products or services on our website, the details you are asked
to submit will be provided directly to our payment provider
via a secured connection. The cardholder must retain a copy of
transaction records and Merchant policies and rules. For any
dispute with Cargoz, you agree to first contact us at
hello@cargoz.com and attempt to resolve the dispute with
us informally. In the unlikely event that Cargoz has not been
able to resolve a dispute it has with you after sixty (60)
days, we each agree to resolve any claim, dispute, or
controversy (excluding any Cargoz claims for injunctive or
other equitable relief) arising out of or in connection with
or relating to this Agreement, or the breach or alleged breach
thereof (collectively, “Claims”), by binding arbitration by
DUBAI INTERNATIONAL ARBITRATION CENTRE . (“DIAC”), under the
Optional Expedited Arbitration Procedures then in effect for
DIAC, except as provided herein.
If you are using the Site or obtaining the Storage Services
for commercial purposes, the following applies: The
arbitration will be conducted in Dubai, UAE, unless you and
Cargoz agree otherwise. Each party will be responsible for
paying any DIAC filing, administrative and arbitrator fees in
accordance with DIAC rules. The award rendered by the
arbitrator shall include costs of arbitration, reasonable
attorneys’ fees and reasonable costs for expert and other
witnesses, and any judgment on the award rendered by the
arbitrator may be entered in any court of competent
jurisdiction. Nothing in this Section shall be deemed as
preventing Cargoz from seeking injunctive or other equitable
relief from the courts as necessary to protect any of Cargoz’s
proprietary interests. If you are using the Site or obtaining
the Storage Services for noncommercial purposes, the following
applies: DIAC may be contacted at www.diac.ae and may require
you to pay a fee for the initiation of your case unless you
apply for and successfully obtain a fee waiver from DIAC. The
arbitration will be conducted in Dubai, UAE (or the nearest
DIAC office), unless you request an in-person hearing in your
hometown or you and Cargoz agree otherwise. The award rendered
by the arbitrator may include your costs of arbitration, your
reasonable attorney’s fees and your reasonable costs for
expert and other witnesses, and any judgment on the award
rendered by the arbitrator may be entered in any court of
competent jurisdiction. Nothing in this Section shall prevent
either party from seeking injunctive or other equitable relief
from the court as necessary to prevent the actual or
threatened infringement, misappropriation, or violation of
such party’s data security, Intellectual Property Rights or
other proprietary rights. You may sue in a small claims court
of competent jurisdiction without first engaging in
arbitration, but this does not absolve you of your commitment
to engage in the informal dispute resolution process.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF
WHETHER THEY HAVE OBTAINED THE SITE OR STORAGE SERVICES FOR
PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE
BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION,
COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER
REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS
ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR
MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE
THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND CARGOZ ARE EACH
WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A
CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL
ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
١٦. بنود عامة
A. Assignment
This Agreement, and any rights and licenses granted hereunder,
may not be transferred or assigned by you, but may be assigned
by Cargoz without restriction. Any attempted transfer or
assignment in violation hereof shall be null and void.
B. Force Majeure
Not withstanding anything to the contrary, Cargoz will not be
liable or responsible for any damage to or loss of any Goods,
or failure to perform, or delay in performance of, any of its
obligations under this Agreement, including without limitation
any Storage Services, that is caused by events outside its
reasonable control (including but not limited to) acts of God,
flood, earthquake, windstorm or other natural disaster; war,
armed conflict, terrorist attack, civil war, civil commotion
or riots; nuclear, chemical or biological contamination or
sonic boom; any law or government order, rule, regulation or
direction, or any action taken by a government or public
authority; fire, explosion or accidental damage; adverse
weather conditions; interruption or failure of utility
service, including but not limited to electric power, gas or
water; any labor dispute, including but not limited to
strikes, industrial action or lockouts; non-performance or
delay by suppliers or subcontractors; and failure of plant
machinery, machinery, vehicles, computers, the Internet or
telecommunications (each, a “Force Majeure Event”).
C. Notification Procedures and Changes to the Agreement
Cargoz may provide notifications, whether such notifications
are required by law or are for marketing or other business
related purposes, to you via email notice, written or hard
copy notice, or through posting of such notice on our website,
as determined by Cargoz in our sole discretion. Cargoz reserves
the right to determine the form and means of providing
notifications to our Users, provided that you may opt out of
certain means of notification as described in this Agreement.
Cargoz is not responsible for any automatic filtering you or
your network provider may apply to email notifications we send
to the email address you provide us. Cargoz may, in its sole
discretion, modify or update this Agreement from time to time,
and so you should review this page periodically. When we
change the Agreement in a material manner, we will update the
‘last modified’ date at the bottom of this page. Your
continued use of the Site or Storage Services after any such
change constitutes your acceptance of the new Terms of Use. If
you do not agree to any of these terms or any future Terms of
Use, do not use or access (or continue to use or access) the
Site or Storage Services.
D. Entire Agreement/Severability
This Agreement, together with the Privacy Policy , Limited
Security Warranty Policy, Pricing and Payment Terms, Delivery
Zone List, any amendments to any of the foregoing, and any
additional agreements you may enter into with Cargoz in
connection with the Site or Storage Services, shall constitute
the entire agreement between you and Cargoz concerning the Site
and Storage Services. If any provision of this Agreement is
deemed invalid by a court of competent jurisdiction, the
invalidity of such provision shall not affect the validity of
the remaining provisions of this Agreement, which shall remain
in full force and effect, except that in the event of the
unenforceability of the universal Class Action/Jury Trial
Waiver, the entire arbitration agreement shall be
unenforceable.
E. No Waiver
No waiver of any term of this Agreement shall be deemed a
further or continuing waiver of such term or any other term,
and Cargoz’s failure to assert any right or provision und er
this Agreement shall not constitute a waiver of such right or
provision.
F. Contact
Please contact us at hello@cargoz.com
with any questions regarding this Agreement.
This Agreement
was last modified on 17-May-2023.