1. Terms of Service

Please read the terms of service (the “Terms of Service”) set forth below, as they apply to your access and use of our services, including our various websites, APIs, email notifications, applications buttons and widgets (the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as the “Content”). Your access to and use of the Services signifies your acceptance of these Terms of Service and agreement to be bound by them and any and all other applicable terms referenced herein absolutely.

2. Other applicable terms

1. These Terms of Service refer to the additional terms in our Privacy Policy Statement, which also apply to your use of our Services.
2. Our provision of the Services to you and your access to and use of the Services is also governed by these Terms of Service.
3. In the event of any conflict between these Terms of Service or any other terms and conditions and/or agreements now existing or hereafter entered into between Cargomatic (Thailand) Co., Ltd. and you, the Terms of Service shall prevail as between you and us unless we decide otherwise.
4. Our Privacy Policy Statement sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Services, you consent to such processing and you warrant that all data provided by you is accurate. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information both within and outside of Thailand for storage, processing and use by us. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your www.cargomaticthailand.com account,

3. Information about us

The Services are provided and operated by Cargomatic (Thailand) Co., Ltd. We are a limited liability company registered in Thailand with Tax ID 0105565185610 and have our registered office at 699 Modernform Tower, Room 2702, 27th Floor, Srinakarin Road, Phatthanakan, Suan Luang, Bangkok 10250, Thailand.

4. Changes of terms

We reserve the right to amend the Terms of Service from time to time at our sole discretion without prior notice or liability to you. However, we shall use our best endeavor to provide such notice when possible. Therefore, you shall automatically agree to be bound by such amendments by continuing to use the Services following such amendments to the Terms of Service.

5. Changes to our services

1. The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any within the Services) to you or to users generally and not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you.
2. We make no representations, warranties or guarantees, whether expressed or implied, that our Services or any content on our site is accurate, complete, up-to-date or free from errors or omissions.

6. Accessing our services

1. We offer a technology platform to provide information and means for you to sell or provide or otherwise deal in transport and logistics services to, from or with others. You acknowledged that you are independent of third parties and entities and have the sole discretion to accept or reject any such request.
2. You have acknowledged and agree that we solely act as an intermediary and not as your agents or agents of the end users. We do not provide transportation services nor are we a transportation carrier. We cannot be held responsible for the behavior, negligence, conduct, actions, or inactions of others regarding the provision of our service. Additionally, we are not a party to any contract for the provision of transport and logistics services.
3. We do not guarantee or warrant that our Services, or any of our content, will always be available uninterrupted. In addition, access to our Services is permitted on a temporary basis. Moreover, we reserve the right to suspend, withdraw, discontinue or change whether in part or all of our Services without requirement of prior notice. We shall not be held liable for any loss or damage that occurs to you or any other party that may arise out of the unavailability of our Services or any other reasons in relation to our Services.
4. You are responsible for making all arrangements or connections necessary for you to have access to our Services online.
5. You are also responsible for ensuring full compliance for all persons who access our Services through your internet connection are aware of these Terms of Service and other applicable terms and conditions.

7. Your account and password

1. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. 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 treat such information as confidential. You must not disclose it to any third party. Cargomatic (Thailand) Co., Ltd. cannot be held liable for any loss, damage or claims arising from your failure to comply with the above.
2. We reserve the right to disable any password, temporarily or permanently suspend the account whether chosen by you or allocated by us, at any time, if we deems the use of the account is illegal or contrary to the public or good morals or we have reasonably reason to believe that you have failed or will fail to comply with any of the provisions of these Terms of Service.
3. If you know or suspect that anyone other than you know your password, you must promptly notify us at [email protected].

8. Your license to use the services

Cargomatic (Thailand) Co., Ltd. gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by us as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Cargomatic (Thailand) Co., Ltd., in the manner permitted by these Terms of Service.

9. Our Intellectual property rights

1. All intellectual property rights subsisting in respect of the Services belong to Cargomatic (Thailand) Co., Ltd. or have been lawfully licensed to Cargomatic (Thailand) Co., Ltd. for use in connection with the Services. All rights under applicable laws are hereby reserved. You are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the website itself or create derivative works with respect thereto, as the website is copyrighted under applicable laws.
2. You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us (the “Feedback”) in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your feedback.

10. Your rights

1. You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
2. You agree that this license includes the right for us to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Cargomatic (Thailand) Co., Ltd. for the syndication, broadcast, distribution, or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
3. Such additional uses by Cargomatic (Thailand) Co., Ltd. or other companies, organizations or individuals who partner with Cargomatic (Thailand) Co., Ltd. may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
4. We reserve the right to modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
5. You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability that may occur as a result. Cargomatic (Thailand) Co., Ltd. will not be held responsible or liable for any use of your Content by Cargomatic (Thailand) Co., Ltd. in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

11. Limited liability and warranty

Please read this section carefully since it limits the liability of Cargomatic (Thailand) Co., Ltd. and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Entities of Cargomatic (Thailand) Co., Ltd.”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. All Information is for your general reference only. We do not accept any responsibility whatsoever in respect of such information.

1. YOUR ACCESS TO AND USE OF OUR SERVICES IS AT YOUR OWN RISK AND IS PROVIDED “AS IS”, “AS AVAILABLE”. THE SERVICES ARE FOR YOUR PERSONAL USE ONLY AND THE ENTITIES OF CARGOMATIC (THAILAND) CO., LTD. MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT.

2. THE ENTIRE LIABILITY OF THE ENTITIES OF CARGOMATIC (THAILAND) CO., LTD. ENTITIES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES OR OTHERWISE, IS RE-PERFORMANCE OF DEFECTIVE SERVICES. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE,

WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR OUR SERVICES. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

3. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ENTITIES OF CARGOMATIC (THAILAND) CO., LTD. EXCEED ONE THOUSAND THAI BAHT (THB 1000).

4. The Entities of Cargomatic (Thailand) Co., Ltd. shall not guarantee or assume any responsibility that:

(a) the information presented in our Services is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;

(b) the information presented in our Services is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;

(c) messages sent through the internet including in connection with the services will be free from interception, corruption, error, delay or loss;

(d) access to the Services will be available or be uninterrupted;

(e) use of the Services will achieve any particular result; or

(f) defects in the Services will be corrected.

5. Without limiting the generality of the foregoing, in no event will the Entities of Cargomatic (Thailand) Co., Ltd. be liable to you or any other person for any direct, indirect, incidental, special, punitive, or consequential loss or damages, including any loss of business, profit, goodwill or reputation arising out of any use, or inability to use, the information or the services, even if any of the Entities of Cargomatic (Thailand) Co., Ltd. has been advised of the possibility of such loss or damages.

6. Without prejudice to the foregoing, if your use of the Services does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from us, as set out in these Terms of Service or otherwise, you are advised to contact us at [email protected]. No such lack of response shall be deemed to constitute any acquiescence or waiver.

7. The limitation of liability contained in these Terms of Service will apply to the fullest extent permitted by applicable laws.

8. It shall be your sole responsibility to ensure that valuable, unusual or any other vehicles or related items are covered by appropriate insurance and in no event shall we be responsible or liable for the loss of, or damage to, any such vehicles and items.

12. Content on the services

1. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content.

2. You warrant that any such contribution from you does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty and you will be responsible for any loss or damage we suffer as a result of your breach of warranty. By submitting or uploading any information to our site, you warrant that you own the content submitted and that it is not offensive, defamatory and/or illegal and that our use of the information will not violate any third party’s rights.

3. Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. You agree not to post any the personal data, financial information and/or other sensitive information of any third party through the Services. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy, subject to any applicable local, national or international law or regulation. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

4. The views expressed by other users on our site do not represent our views or values. We maintain the right to remove any posting you make on our site if, in our opinion, your post does not comply with our content standards. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.

5. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind, incurred directly or indirectly as a result of the use of the Services by any third party, including without limitation any defamatory, offensive, or illegal conduct of the third party, or the use of any Content posted, emailed, transmitted, or otherwise made available via the Services or broadcast elsewhere.

6. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

13. Content copyright policy

1. Cargomatic (Thailand) Co., Ltd. respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 the law; and (vi) a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner.
2. We reserve the right to remove Content alleged to be infringed without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer. Our address for notice of alleged copyright infringement appearing on the Services is [email protected].

14. Use of the services

1. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Cargomatic (Thailand) Co., Ltd., its users, and the public.
2. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.
3. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Cargomatic (Thailand) Co., Ltd.’s computer systems, or the technical delivery systems of Cargomatic (Thailand) Co., Ltd. providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), (scraping the Services without our prior consent is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
4. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to the authorities. In the event of such a breach, your right to use our Services will cease immediately.
5. You also warrant and agree that:
   • a. All information and details provided by you to us (including through the App) are true, accurate, complete and up to date in all respects and at all times;
   • b. You will not use the Services for any unlawful purpose; in any way that interrupts, damages, impairs or renders the Services less efficient;
   • c. You will not access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures;
   • d. You will not cause nuisance, annoyance, or inconvenience when using the Services;
   • e. You will refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
   • f. You will not engage in any unlawful, threatening, harassing, abusive behavior or activity whilst using their vehicles or the Services;
   • g. You will compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
   • h. You will comply with all applicable laws while using the Services;
   • i. We reserve the right to suspend, restrict or terminate your access to the Services at any time without advance notice or liability if we have reasonable grounds to believe you have breached any of these Terms of Service or in our opinion you have misused or will misuse the Services. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
   • j. All accessorial to be agreed within 24 hours of delivery.
   • k. You accept the agreed payment terms in relation to Credit Limit and Credit Terms and agree to pay for all services provided, any invoice disputes must be resolved within 30 days.

15. Linking to us

You may link to our Services provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link to our Services on any website that is not owned by you. We reserve the right to withdraw linking permission without notice.

16. Third party links and resources in our site

Cargomatic (Thailand) Co., Ltd. has made the utmost effort to research and keep the correct and most updated information on our site. However, we make no warranties or representations, express or implied, as to the timeliness, accuracy or completeness of the information contained or referenced therein. All risks for the access or use of our site and any site linked to our site (third-party website) shall be borne solely by the user. We are not liable in any manner whatsoever for any direct, indirect, or consequential damages arising out of the access, use or inability to use this site or any third-party website.

1. The links from the Services may take you to other sites or services and you acknowledge and agree that Cargomatic (Thailand) Co., Ltd. has no responsibility for the accuracy or availability of any Information provided by third parties services and websites.
2. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Cargomatic (Thailand) Co., Ltd. on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that Cargomatic (Thailand) Co., Ltd. And its third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
3. Links to other websites and services do not constitute an endorsement by us of such websites or services, or the Information, products, advertising or other materials available made available by such third parties.

17. Indemnity

You agree to defend, indemnify and hold us harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any of these Terms of Service and/or your use of the website. We may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any claim or action.

In addition, you also agree to indemnify us for any breaches caused by you of any terms and conditions therein which gives rise to any liability on our part including but not limited to clauses 7, 11, 12, & 13 therein.

18. Severability

If any provision of this Terms of Service is invalid, unenforceable and/or prohibited under applicable laws, such provision shall be ineffective only to the extent of such invalidity or prohibition of such a provision without affecting the validity of the remainder of this Terms of Service which shall remain in full force and effect.

19. Several users

If there are two or more persons adhering to these Terms of Service as user, their liability under the Terms of Service is joint and several, and their rights are joint.

20. Waiver

No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

21. Termination

The Terms of Service will continue to apply until terminated by either you or us as follows:

1. You may terminate your agreement with us at any time for any reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform us when you stop using the Services.
2. We may suspend or terminate your accounts or cease to provide you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms of Service or (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
3. In all such cases, any provision of these Terms of Service that expressly or by implication is intended to come into or continue in force on or after termination of this agreement shall remain in full force and effect.
4. Nothing in this section shall affect our rights to change, limit or stop the provision of the Services without prior notice, as provided above in Clause 5 Changes to our services.

22. Refund policy

All payments made for invoices issued shall be checked and accepted in good order before payment. There will be no refund on payments made.

23. Governing law and jurisdiction

These Terms of Service shall be governed and construed in accordance with the laws of the Kingdoms of Thailand. The Court of Thailand shall have the jurisdiction to adjudicate any dispute or claim arising out of or in relation with the use of the services under these terms and conditions.

24. Languages

This agreement is made in English language. The English language version shall supersede and prevail over any other language translation.