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Terms of Use

The following are the terms and conditions (the "Terms") under which you (a "User") may use the website and co-branded websites of SHIP IT LAB d.o.o. (SHIP IT LAB Ltd. or the "Company", owner of SHIP IT LAB and shipitlab.com) at www.shipitlab.com and/or any other addresses (any or all of which are herein referred to as the "Site").


Please read this page carefully.


By accessing and using the Site, you accept and agree to be bound, without modification, limitation or qualification, by the Terms. The Company may, at its sole discretion, modify or revise the Terms at any time by updating the text of this page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms.


Your use of the Site constitutes your agreement to all terms, conditions, and notices contained herein or otherwise posted on the Site (the content of such agreement, inclusive of the terms and all such additional conditions and notices, are together referred to herein as the "Agreement"). If you do not accept any of the provisions of the Agreement, do not use the Site. We may change the terms and conditions from time to time, at any time without notice to you, by posting such changes on the Site. By accessing, using, browsing, or booking on the site, you accept and agree to be bound by these terms and conditions.


1. LIMITED LICENSE

We offer the Site and its services only to those who may lawfully enter into and form contracts under applicable law. For example, minors are not allowed to perform any transactions on the Site. You agree to comply with all applicable law, statutes and regulations regarding use of the Site. You may access and view the content on the Site on your computer or other internet compatible device, including mobile devices and tablets. The Site and the services offered on or through the Site are only for your own internal use. The Site is not directed to User's younger than 18. If you are under 18 years old, please do not use the Site. Any person who provides their personal information through the Site represents to us that they are 18 years of age or older.


The Company does not warrant that the Site will operate error-free, continuously or without interruption, or that the site or its server are free of computer viruses or other harmful content. If your use of the Site or the material results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs.


The contents of the Site, such as text, graphics, images, audio, video, data, coding, scripts, computer programs and other material (herein referred to as "Material" or "Materials"), are protected by copyright under the laws of the Republic of Croatia, EU countries as well as other countries, and are owned or controlled by the Company or by third parties that have licensed their material to the Company. The Company authorizes you to view or display to your clients solely for purposes of facilitating a transaction with the Company. The use of any Software that is made available for downloading from the Site (herein referred to as "Software") is governed by the terms of the software license agreement accompanying such software (herein referred to as the "License Agreement"), and is conditioned on your Agreement to be bound by the terms of the License Agreement.

All rights in and to the material not expressly granted to you in the agreement are reserved. Neither the availability of, nor anything contained within the Site shall be construed as conferring any license under any of the company's or any third party's intellectual property rights, other or further than as expressly provided in the foregoing provisions of this paragraph, whether by implication, estoppel or otherwise.


2. USER INFORMATION

In the course of your use of the Site, you may be asked to provide certain personalised information to us (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to the privacy of such User Information are set forth in the SHIP IT LAB’s "Privacy Policy" which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.


3. SUBMITTED MATERIALS

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way. Any information, creative works, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (herein referred to as "Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the SHIP IT LAB’s "Privacy Policy".

By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto (i.e., that the material you submit does not infringe the rights of a third party), and that any "moral rights" in submitted materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such submitted material at any time.


4. PROHIBITED USER CONDUCT

You warrant and agree that, while using the Site and the various services and features offered on or through the Site, you shall not: (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the Site’s content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; (c) attempt to gain unauthorised access to other computer systems through the Site; (d) engage in spidering, "screen scraping", "database scraping", harvesting of the Site information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of items or information, users or other information from or through the Site or the services offered on or through the Site, including without limitation any information residing on any server or database connected to the Site or the services offered on or through the Site; (e) obtain or attempt to obtain unauthorised access to computer systems, materials or information through any means; (f) use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (g) use the Site or the Site’s services or features in violation of SHIP IT LAB's or any third party's intellectual property or other proprietary or legal rights; or (h) use the Site or the Site’s services in violation of any applicable law.

You further agree that you may not attempt (or encourage or support any one else's attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the Site or the Site’s services, or any content thereof, or make unauthorised use thereof.

You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the site or interfere with any other party's use and enjoyment of the Site.

You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the Site.


5. RIGHT TO MONITOR AND EDITORIAL CONTROL

SHIP IT LAB reserves the right, but does not have an obligation, to monitor and/or review all information and materials posted to the Site or through the Site’s services or features by Users, and SHIP IT LAB is not responsible for any such information and materials posted by Users.

However, SHIP IT LAB reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in SHIP IT LAB's sole discretion are against nature of business, objectionable or in violation of these Terms, SHIP IT LAB's policies or applicable or governing law.

We may also impose limits on certain features or restrict your access to part or all of the Site without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our Terms or applicable law, or for any other reason without notice or liability.


6. LINKING TO THE SITE

You agree that if you include a link from any other website to the Site, such link shall: (i) not contain any logos, but rather should merely read "SHIP IT LAB's" in plain text, (ii) open in a new browser window; and (iii) link to the full version of an html formatted page of this Site. You are not permitted to link directly to any image hosted on the Site or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another website.

You are permitted to link directly to Services hosted on the site only with proper credit to SHIP IT LAB, and you may not alter the Services in any way. You agree that if you use offers hosted on this Site on another website, for any purpose, including, without limitation, posting such offers on another site shell not missled other users.

You agree not to link from any other website to this Site in any manner such that the Site, or any page of the Site, is "framed", surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other website at any time upon written notice to you.

To find out more information about our linking policies, or to seek our permission, you may write to: SHIP IT LAB d.o.o., Trpimirova 4, 51000 Rijeka, Croatia or permissions@shipitlab.com.


You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any losses, liabilities, damages, costs, and expenses, including, without limitation, reasonable legal, expert and accounting fees, incurred in connection with any claims, actions or demands alleging or resulting from your use of the Material (including Software), your breach of this agreement, or your violation of law or of the rights of any third party. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and, if it is one asserted by a third party, shall provide reasonable assistance to you, at your expense, in defending any such claim, suit or proceeding.


7. ORDERS FOR SERVICES

We may make certain Services available for booking through the Site to registrants of the Site. You may only order Services if you are 18 years old or older. You agree to pay in full the price for any shipment you make through the Site by payment means acceptable to SHIP IT LAB, such as credit/debit card, bank transfer or any other acceptable payment method. You agree to pay all applicable taxes. If payment is not received by us or third-party Service Provider from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain Services that you book through the Site may be subject to additional terms and conditions presented to you at the time of such request, booking or order.


The Site may contain links to third-party websites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents of such third-party websites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.


8. SCOPE OF OUR SERVICE

Through the Site we (shipitlab.com) provide an online platform through which, Users post their requests for all or particular type of shipment: Ocean Transport (Intermodal, 20’DB, 40’DB, 40’HQ,… ), LCL Transport, Air Transport, Land Transport, ), LTL Transport, Warehouse Service, Customs Clearance, Insurance (any or all of which are herein referred to as the "Services"), and Service Providers post rates for bookings, and through which Users to the Site can make a booking.

SHIP IT LAB is not an actual Carrier or service provider as defined by the worldwide Marittime rules in force.

Since the contract of carriage is concluded with the registered Service Providers through "shipitlab.com" platform, the Service Providers remain actual carriers of the goods. SHIP IT LAB can not be held liable for any delay of delivering goods.

Customers when selecting a rate for booking, entrust the chosen Service Provider(s) with the performance of the carriage of the goods.

By making a booking through the Site, you enter into a direct (legally binding) contractual relationship with the Service Provider at which you book your order.

From the point at which you make your booking, the Company acts solely as an intermediary between you and the winning Service Provider, transmitting the details of your booking to the relevant Service Provider and sending you a confirmation email for and on behalf of the Service Provider.

When rendering our services, the information that we disclose is based on the information provided to us by Service Provider. As such, the Service Providers are given access to the Software through which they are fully responsible for loading/updating all rates, availability and other information which is displayed on our Site.

Although we will use reasonable skill and maximum care in performing our Services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors.

Each Service Provider remains responsible at all times for the accuracy, completeness and correctness of the informations (including the rates, availability and other information) displayed on our Site.

By making a request through the Site, you enter into a direct (legally binding) contractual relationship with the Insurance company or their representative office in respective country at which you make your request.

From the point at which you make your request, the Company acts solely as an intermediary between you and the Insurance provider, transmitting the details of your request to the relevant Insurance provider.


9. CHARGES

Our Software is set for two (2) accounts: Customers (party making requests and/or bookings) and Service Providers (party or company that registered all or any of the Services to the Site).

For the Customers our service is FREE OF CHARGE. Customers can use all Services at NO COST. Unlike many other parties, we will not charge you for our service or add any additional (booking) fees to the rate posted by the Service Providers.

Customers are obliged to pay the rate posted by winning Service Provider, which was accepted at the point of confirmation of the rate and by creating Booking order.

However, Customers can also be charged by us for additional services/assistance upon request sent by the Customers, but only after been provided with an offer and receiving written confirmation of acceptance of that offer. The offer and confirmation of acceptance can be received/sent via email (To/From: services@shipitlab.com , Subject: Reference....) or through "Chat" option available on the shipitlab.com platform.


Service Providers are subject to subscription and booking fee. Contract agreement with charges will be sent prior to acceptance to our Service.


10. INVOICE AND PAYMENT

Payment of the charges must be done upon receipt of the Invoice, to the party who issued the Invoice. Invoice can be issued only by winning Service Provider or SHIP IT LAB d.o.o. The Invoice will be posted on the Site in it's propper shipment order.


DO NOT ACCEPT ANY INVOICE SENT VIA EMAIL !!! SHIP IT LAB or Service Providers will not send you any Invoice via email or any other way then through the Site. If you receive the Invoice any other way then through the Site, please report this to our address: security@shipitlab.com (do not open email/attachment, please forward that email and delete it from your system as it might be virus or other harmfull way to infect your device).


Invoice should include all known elements of the shipment in order for the Customer to perform correct payment.

In the Payment order, Customer must state the Invoice number as declared on the Invoice.

Payment shall be made for full amount on or prior due date, free of charges, without any deduction nor discount for advance payment.

All bank charges are for the account of the payer-remitter.


11. REFUND POLICY, CHARGES AND CLAIMS

All shipments that are loaded and shipped through the Site and charges paid are NOT REFUNDABLE.

Even if the shipment is not performed in full or account is cancelled, Customer is not entitled to claim refund of paid charges.

SHIP IT LAB is not Service Provider, and acts solely as booking platform. In case you pay charges to us, we will transfer full amount to winning Service Provider.

In case you want to post claim, you can send Claim report to claim@shipitlab.com , Subject: Claim – Reference...., and we will deal the whole process for you.

SHIP IT LAB will do it's best to protect both parties involved in that shipment. SHIP IT LAB cannot be held responsible for the outcome of any claim.

For additional information, please feel free to use Chat option to ask any question about our Services, claims and others.


All requests to negate charges are investigated by our Administrators. If you make a fraudulent claim of unauthorized card usage, we will report this to the credit card services. This report may result in cancellation of your card services, put negative information on your credit report, and create possible criminal charges that may be filed against you.


12. DISCLAIMER OF WARRANTIES

The Site, including, without limitation, all services, content, functions and materials, is provided "as is," "as available," without warranty of any kind, whether express or implied by statute, common law or otherwise, for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy, usefulness, or content of information, any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and any implied warranty arising from course of dealing or usage of trade, and we hereby disclaim any and all such warranties, express and implied.

We do not warrant, represent or covenant that the Site or the Services, content, functions or materials contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected.

We make no warranty that the Site will meet Users' requirements. No advice, results or information, whether oral or written, obtained by you from us or through the Site shall create any warranty not expressly made herein.

SHIP IT LAB also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, audio or software from the Site. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site.


We try to ensure that the information posted on the Site is correct and up-to-date. We reserve the right to change or make corrections to any of the information provided on the Site at any time and without any prior warning. We cannot, and do not, guarantee the correctness, precision, thoroughness or completeness of any of the information available on the Site, nor will we be liable for any inaccuracy or omission concerning any of the information provided on the Site.


13. LIMITATION OF LIABILITY

In no event shall SHIP IT LAB, its affiliates or any of their directors, officers, employees, agents or content or service providers (collectively, the "Protected providers") be liable, whether in an action based on a contract indemnification, obligation, tort (including without limitation negligence), collaterally or arising from any statutory duty, pre-contract or other representations, or otherwise, however arising, for any economic losses (including, without limitation, loss of revenues, profits, contracts, business, goodwill or anticipated savings) or any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Site or the content, materials and functions related thereto, your provision of information via the Site, lost business or lost sales, even if such Protected providers has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain Users. In no event shall the Protected providers be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Site. In no event shall the total aggregate liability of the Protected providers to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or your use of the Site exceed, in the aggregate, the amount, if any, paid by you to SHIP IT LAB for your use of the Site or purchase of services via the Site.


14. TERMINATION

SHIP IT LAB may terminate, change, suspend, add to or discontinue any aspect of the Site or the Site’s services at any time, in our sole discretion, and without liability to any User.

SHIP IT LAB may restrict, suspend or terminate your use of or access to the Site and/or its services if we believe you are in breach of or are attempting to breach our Terms or applicable law, or for any other reason without notice or liability (including, for example, if we learn that you have provided us with false or misleading information, or interfered with other Users or the administration of our site or services). SHIP IT LAB's maintains a policy that provides for the termination in appropriate circumstances of the Site use privileges of Users who are repeat infringers of intellectual property rights.


15. CHANGES TO TERMS AND CONDITIONS AND SITE

SHIP IT LAB reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time, and we will post the revised version on this Site. Changes in the Terms will be effective when posted. Your continued use of the Site and/or the services offered on or through the Site after any changes to the Terms are posted will be considered acceptance of those changes.


16. MISCELLANEOUS

The terms and conditions and the relationship between you and us shall be governed by the laws of Republic of Croatia, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the terms and conditions shall be commenced and be heard in the appropriate court in City of Rijeka, Republic of Croatia.

You agree to submit to the personal and exclusive jurisdiction of the courts located within City of Rijeka, Republic of Croatia. Our failure to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision.

Any waiver of any provision of these terms and conditions by SHIP IT LAB must be made in writing and signed by an authorised representative of SHIP IT LAB specifically referencing these terms and conditions and the provision to be waived. Headings used in these terms and conditions are for convenience only and are not to be relied upon. If any provision of the terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the terms and conditions remain in full force and effect. These terms and conditions will inure to the benefit of, and are intended to be enforceable by, SHIP IT LAB's successors, assigns and licensees. There are no third party beneficiaries to this agreement; a person who is not a party to this agreement has no rights under the contracts to rely upon or enforce any term or provision of this agreement.


The Company does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.


Rijeka, 13.02.2017.
SHIP IT LAB d.o.o.
Trpimirova 4
51000 Rijeka, Croatia
OIB/VAT: HR28027293531
Mail: shipitlab@shipitlab.com