Cargocheap Corp. Terms of Service

Last Updated: July 19, 2021

This agreement contains the Terms of Service constituting a legally binding agreement (the “Agreement” or “Terms of Service”) between you and Cargocheap Corp., a Florida Corporation, having an address at 8321 Pines Boulevard, Unit G-016, Pembroke Pines, FL 33024, and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “Cargocheap Corp.,”) governing your use of the Cargocheap Application (the “Cargocheap App”), as well as its website, and related technology platform (collectively, the “Cargocheap Platform”).

PLEASE READ ALL OF THE AGREEMENT CARFULLY AND BE ADVISED THAT THESE TERMS OF SERVICE GOVERN YOUR ABILITY TO BRING CLAIMS AGAINST CARGOCHEAP CORP. (SEE SECTION 17 BELOW). PLEASE NOTE THAT THE APPLICABLE PROVISIONS HEREIN REQUIRE YOU TO BRING ANY CLAIMS AGAINST CARGOCHEAP CORP. TO FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.

By entering into this Agreement, and/or by using or accessing the Cargocheap Platform you expressly acknowledge and agree that you understand this Agreement in its entirety and accept all of its terms.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE CARGOCHEAP PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE CARGOCHEAP PLATFORM.

The Cargocheap Platform

The Cargocheap Platform provides a marketplace for individuals (“Customer” or “Customers”) who seek transportation services for cargo to certain destinations to be matched with transportation options to such destinations, including from cargo transportation providers (“Provider” or “Providers”). The term “Cargo” may include, but is not limited to, various items such as merchandise, packages, boxes, cases, barrels, bins, pallets, containers, or other related items, that may be transported with ground transportation vehicles or other related methods and/or artifacts. Customers and Providers are collectively referred to herein as “Users,” and the services provided by Providers to Customers shall be referred to herein as “Cargo Transportation Services.” As a User, you authorize Cargocheap Corp. to match you with other Users based on certain criteria, including, without limitation, your location, the location of a Provider and/or Customer, a requested cargo pickup location(s), all requested cargo drop off location(s), the estimated cargo pick up date/time , the estimated cargo drop off date/time, the estimated travel duration of the specific Provider and/or cargo transportation service, User preferences, User profile, User reputation/feedback, and/or specific pricing criteria. You hereby agree and acknowledge that any decision by a User to accept any offer for Cargo Transportation Service(s) is a decision made in such User’s sole discretion that does not involve Cargocheap Corp. You understand and acknowledge that each Cargo Transportation Service provided by a Provider to a Customer shall constitute a separate and independent agreement between that Provider and Customer, and that such separate agreement does not involve Cargocheap Corp.

Only individuals who have the right, authority, and capacity to enter into this Agreement and are legally fully able and competent to satisfy the terms, conditions, and obligations outlined in this Agreement, may use the Cargocheap Platform and/or access the Cargo Transportation Services. Only Users that are at least 18 years of age and that have created a User account may access the Cargocheap Platform. By creating a User account, you warrant and represent that you are at least 18 years old. Each User account is personal and each User is the sole authorized User of his/her account. Users may not allow other individuals to user their User accounts. The Cargocheap Platform may not be accessed by Users that have had their User accounts deactivated or suspended. Cargocheap Corp. reserves the right to temporarily suspend or cancel any User account at any time and for any reason or no reason, including creating additional or duplicative accounts. You are further responsible for your use of your User account. Cargocheap Corp. expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify Cargocheap Corp. immediately.

Charges

As a User, you understand that, irrespective of whether you are a Customer or a Provider, a request or use of Cargo Transportation Services may result in charges to you (“Charges”). Charges for Cargo Transportation Services include Fares for Cargo Transportation Services and other applicable fees, tolls, surcharges, and taxes as applicable, plus any tips to the Provider that you elect to pay through the Cargocheap Platform.

Estimates or offers for Cargo Transportation Services will be provided by Providers and Customers will have the option to select one Estimate by a Provider for a particular Cargo Transportation Service. In addition, You hereby acknowledge and agree that you may be charged a “Service Fee” for Each Cargo Transportation Service, whether you are a Customer or a Provider.

Cancellation Charges. After a Customer requests a cargo transportation service the Customer may cancel it through the Cargocheap Platform, but such cancellation may incur a cancellation fee. You may also be assessed a charge if you fail to coordinate a pickup and make yourself and/or your cargo available after requesting a cargo transportation service. Furthermore, a Provider who without notice fails, to appear at a pickup or drop-off location(s) and/or fails to render a service request, and/or who cancels a Cargo Transportation Service within less than 24 hour’s notice, will also be subject to certain fees, including a cancellation fee.

Tolls. A Provider assumes all responsibility for payment of any and all applicable tolls accrued while completing a particular Cargo Transportation Service as well as any other applicable fees in connection with each Cargo Transportation Service, as may be assessed by Federal, State, and/or local government. Such applicable toll and fees are the sole responsibility of Provider and may be included in the estimate and/or final price tendered to the Customer. All Customers hereby agree to declare accurately any information necessary to determine such applicable tolls and fees regarding the Cargo for any particular Cargo Transportation Service. Further, all Customers warrant with such declaration that the contents of the Cargo and the shipping of said contents does not violate any Federal, State, and/or local laws and that such declaration is an accurate depiction of the Cargo in question. In addition, where required by law Cargocheap Corp. will collect applicable taxes.

General.

Charges and Payments. All applicable Charges and/or Payments must be made through the Cargocheap Platform. All applicable Charges and/or Payments may be processed and/or facilitated through a third-party payment processing platform. Cargocheap Corp. hereby reserves the right to replace said third-party payment processing platform with or without prior notice to you. With the exception of tips for a Provider, you hereby agree that you cannot pay in cash for any Cargo Transportation Service and all such payments for Cargo Transportation Services must be made through the Cargocheap Platform.

All Payments are non-refundable. Cargocheap Corp. has a no-refund policy that applies at all times regardless of your decision to terminate or discontinue usage of the Cargocheap Platform or to cancel any Cargo Transportation Services. Cargocheap Corp.’s no refund policy also applies in the event any User causes disruption to the Cargocheap Platform or Cargo Transportation Services, or for violating any of the provisions of this Agreement.

Payments. If you are a Provider, you will receive payment when you successfully render a Cargo Transportation Services, which will be based on the value of an offer for Cargo Transportation Services that is accepted by a Customer, minus a percentage (“Service Fee”), which will be assessed through the Cargocheap Platform and/or third-party payment processing platform selected by Cargocheap Corp.

Cargocheap Corp. Communications

By entering into this Agreement and/or using the Cargocheap Platform, you agree to receive communications from Cargocheap Corp., including related to the Cargocheap Platform, via the contact information you provide, including, phone numbers, e-mail, text message, calls, and/or push notifications. Furthermore, you hereby agree to always update your contact information in the event that it changes, such that Cargocheap Corp. should always have access to your current and/or most updated contact information and can contact you at any time and/or for any reason. You also hereby agree that you are solely responsible for the accuracy of any information you provide. Cargocheap Corp. reserves the right to cancel your user account in the event that we cannot get a hold of you at any time. Furthermore, you hereby agree to receive texts, calls or prerecorded messages from Cargocheap Corp., and further, that you will assume the costs of any such text messages and/or calls as may be assessed by your carrier. In addition, you hereby agree that any carrier costs associated with your use of the Cargocheap Platform are your sole responsibility.

User Information

User Information is any information you provide, share, send, publish, post or repost through the Cargocheap Platform (including any profile information you provide) or that you send to other Users or that you generate by using the Cargocheap Platform. You hereby agree and consent to Cargocheap Corp. using your Information to create a User account that will allow you to access the Cargocheap Platform and/or participate in the Cargo Transportation Services. Furthermore, you are responsible for the Information you provide, share and/or post through the Cargocheap Platform.

Restricted Activities

With respect to your use of the Cargocheap Platform and your participation in Cargo Transportation Services, you agree that you will not: access the Cargocheap Platform or Cargo Transportation Services for any purpose which involves harassment, threatening behavior, creating disruption, or otherwise interfering with the Cargocheap Platform and/or the Cargo Transportation Services. This includes posting, sharing or otherwise providing any information through the Cargocheap Platform, or outside to any Cargocheap Platform users, which may be inappropriate, harassing, abusive, insulting, of a sexual nature, derogatory or unlawful. You hereby agree to conduct yourself in accordance with any and all applicable legal standards and that you will not violate any law, ordinance, regulation or rule, and further that you will not take any action or cause someone else to take any action that infringes the rights of others, including intellectual property rights such as patents, trademarks, copyrights and trade secrets. You hereby agree not to discriminate against, stalk, hassle, bother, harass or annoy anyone on the basis of race, religion, gender, national origin, age, gender identity or expression, physical or mental condition or disability, marital status, veteran status, political affiliation, sexual orientation; or cause any third party to engage in any such forms of discrimination.

Furthermore, by accessing or otherwise using the Cargocheap Platform and/or using the User Transportation Services, you agree not to impersonate anyone else, including any other Users or other individuals even if they are not users; you further agree not to stalk anyone else, including Users or non- users, including through cyber-stalking or other forms of stalking. Furthermore, you agree not to carry any weapons on any vehicles in which you will use to transport any cargo, unless the weapons are part of the cargo itself and are provided to you as a Provider in sealed packages/containers in accordance with any applicable legal standards. You as a Provider hereby agree to refrain from opening any cargo, packages or any other items provided to you by Customer(s), which are the subject of the underlying Cargo Transportation Services. You hereby agree not to disrupt any of Cargocheap Corp.’s servers or networks, or any networks or servers associated with the Cargocheap Platform which may belong to others. You further agree not to use the Cargocheap Platform or access any of the associated servers or networks, or directly contact any users of the Cargocheap Platform to transmit any malicious code, software, files, folders or programs that may interfere, corrupt, damage, destroy or adversely affect the performance of the Cargocheap Platform, related networks, software and programs, and any operative platform of other users.

You further agree that you will not improperly or unlawfully use any data or personal information of other users, including data that may be obtained surreptitiously through the Cargocheap Corp. platform. You also agree not to “frame” or “mirror” any data, file, folder, program or otherwise electronic information of the Cargocheap Platform, or to use meta tag or code, or to launch any programs or scripts, for the purpose of diverting traffic away from the Cargocheap Platform to any other website or application, including for any purpose.

You hereby also agree not use, cause, or launch any programs or scripts to re-configure, decipher, reverse engineer, dismantle, change, adjust, translate, or decode, any portion of the Cargocheap Platform, its associated code or software, its servers or networks, for any purpose. You hereby agree not to use any robot, bot, spider, software, or other interpretable or executable code to retrieve, scrape, survey index or “data mine” the Cargocheap Platform, its servers, networks and/or operable software coding. Furthermore, You may not remove any intellectual property notices, including copyright, trademark or any other proprietary notices from any portion of the Cargocheap Platform or the Cargo Transportation Service(s). You also agree not to attempt to gain unauthorized access to or impair any aspect of the Cargocheap Platform or Cargo Transportation Service(s) or their related systems or networks.

Representations, Warranties and Agreements

By providing Cargo Transportation Services as a Provider on the Cargocheap Platform, you represent, warrant, and agree that:

If you are a Provider, you possess a valid Driver’s license that is adequate and sufficient for the type of vehicle you intend to operate to render any Cargo Transportation Services, and that you are authorized and medically able to operate such motor vehicle. Further, if you are a Provider, you also represent that you have all appropriate licenses, approvals and authority to provide Cargo Transportation Services in all jurisdictions in which you will provide such Cargo Transportation Services, and that such licenses, approval and authority would cover the type of Cargo for which you intend to provide Cargo Transportation Services.

If you are a Provider, you hereby warrant and represent that you have a valid policy of liability insurance (with coverage amounts that meet the minimum applicable legal requirements), and that names or schedules you for the operation of the your vehicle, which you intend to use or will use to provide Cargo Transportation Services. Furthermore, if you are a Provider, you agree to provide copies of all applicable liability insurance policies, cards, and/or otherwise proof to Cargocheap Corp.

Further, you warrant that you own or have the authority to operate the vehicle that you will use to provide Cargo Transportation Services (“your vehicle”), and that your vehicle is in good operating condition and meets the industry safety standards as well as all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind. Furthermore, and to the extent applicable, you warrant that as to your vehicle, all applicable safety recalls have been remedied per manufacturer instructions.

If you are a Provider, you agree and acknowledge that you will not engage in irresponsible, careless or reckless behavior while driving, that you will not drive unsafely, or operate a vehicle that is unsafe to drive. Also, if you are a Provider, you will agree that you will not operate a vehicle to provide Cargo Transportation Services as a Provider while under the influence of any substance that may impair your driving ability, including alcohol or drugs, or take action that harms or threatens to harm the safety of the Cargocheap Corp. community or third parties.

Users may not include contact information on any photographs uploaded or otherwise provided through the Cargocheap Platform, as such information may allow Users to contact each other outside of the Cargocheap Platform. If you are a Provider, you agree that you will only provide Cargo Transportation Services using the vehicle that has been reported to and approved by Cargocheap Corp., and for which at least one photograph has been provided to Cargocheap Corp. Furthermore, if you are a Provider, you agree that on the photograph of your vehicle that you provide to Cargocheap, you will not provide any contact information, including, but not limited to, email address(es), telephone number(s), website address(es), social media account(s), fax number(s), or any other contact information. If such contact information is displayed on your vehicle shown in the photograph, such information must be covered from the photograph, or the photograph must be edited to remove such contact information. Similarly, if you are a Customer, you agree not to include any contact information, including, but not limited to, email address(es), telephone number(s), website address(es), social media account(s), fax number(s), or any other contact information. If any User provides contact information on any photographs uploaded or otherwise provided to the Cargocheap Platform, Cargocheap Corp. hereby reserves the right to assess an administrative charge against such User, as this is considered a violation of this Agreement. Furthermore, Cargocheap Corp. reserves the right to temporarily suspend or cancel any User accounts that repeatedly submit or otherwise provide photographs with contact information.

If you are a Provider, you hereby agree not to demand or request that a Customer pay in cash, or use another form of payment outside of the Cargocheap Platform, including portable card readers, checks, money orders, etc. Conversely, if you are a Customer, you hereby agree not to demand or request that a Provider accept or receive payment in cash, or another form of payment outside of the Cargocheap Platform, including portable card readers, checks, money orders, etc.

Irrespective of your capacity as a Customer or User, you hereby agree and acknowledge that you will not attempt to defraud Cargocheap Corp. or any Users on the Cargocheap Platform or any Users that request or provide any Cargo Transportation Services. Upon any suspicion that a User has engaged in fraudulent activity, Cargocheap Corp. reserves the right to withhold any applicable Fares or other payments for the Cargo Transportation Service(s), and further, Cargocheap Corp. also reserves the right to take any further action against such Users as it reserves all remedies under the law. You agree to provide and/or facilitate access to all reasonably necessary information to Cargocheap Corp., including your criminal and driving records, both in connection with your use of the Cargocheap Platform as well as your use of the Cargo Transportation Services. All Users agree to pay all applicable federal, state and local taxes based on your provision of Cargo Transportation Services and any payments received by you.

Intellectual Property

You hereby agree and acknowledge that the Cargocheap Platform is owned by Cargocheap Corp. and that Cargocheap Corp. owns all intellectual property rights in connection with the Cargocheap Platform. These rights include, without limitation, all trademark rights (including in registered or unregistered marks), all copyrights, all database rights, all patent rights (whether applied for, registered, or otherwise), all trade secret rights, and all other intellectual property rights, anywhere in the world, including the right to apply for protection of the same, to the extent applicable. Furthermore, Cargocheap Corp. owns all rights in any feedback, suggestions, comments, or other related information provided or otherwise submitted via the Cargocheap Platform. You hereby agree that Cargocheap Corp. is entitled to an unrestricted use of the foregoing feedback, suggestions, comments or other related information, without any compensation to you. You hereby agree that “CARGOCHEAP” and all other Cargocheap Corp.’s logos, designs, graphics, icons, scripts and service names are valid and enforceable trademarks or trade dresses of Cargocheap Corp. in the United States and/or other countries (collectively, the “Cargocheap Corp. Marks”). You hereby agree that you will not create any materials that use the Cargocheap Corp. Marks or trade dress(es) or any variations unless Cargocheap Corp. grants you its express written consent. You agree to not take any other action which may impair or tend to impair the validity of the Cargocheap Corp. Marks, trade dress(es) copyrights and/or other intellectual property rights, or use them other than in accordance to the terms of this Agreement. Furthermore, you herein expressly agree to refrain from attempting to obtain registrations for any of Cargocheap Corp.’s Marks, confusingly similar marks or derivative marks, names, service marks, trade names or symbols, trade dress(es) and/or inventions, as a patent or otherwise. You also agree not to rent, lease, lend, sell, redistribute, license or sublicense the Cargocheap Platform or provide access to third parties to any portion of the Cargocheap Platform.

License

Subject to your compliance with these Terms of Service, Cargocheap Corp. grants you a limited, non- exclusive, non-sublicensable, revocable and non-transferable license to access and use the Cargocheap Platform, including access to the Cargo Transportation Service(s). Any and all other rights not expressly

granted herein are reserved by Cargocheap Corp. Cargocheap Corp. may revoke your license at any time for any reason or for no reason.

Further, and to enable Cargocheap Corp. to use your Information for the purpose of enabling the operative features of the Cargocheap Platform and/or to enable your use of the Cargo Transportation Services, you hereby agree to grant Cargocheap Corp. a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable right and license to exercise any and all requisite rights in your Information, including copyright, publicity, and database rights therein, and to use, reproduce, perform, display and distribute such Information in the creation of derivative works, or to incorporate such Information into other works, including in any media now known or not currently known. Even though Cargocheap Corp. does not assert any ownership over your Information as you retain full ownership therein and/or in any intellectual property rights thereto.

You agree you will not rent, lease, lend, sell, or otherwise redistribute the Cargocheap Corp. Provider amp, or manufacture, produce, print, sell, distribute, purchase, or display counterfeit/inauthentic Cargocheap Corp. Provider amps or other Cargocheap Corp. Marks or (including but not limited to signage, stickers, apparel, or decals) from any source other than directly from Cargocheap Corp.

Violation of any provision of this License may result in immediate termination of the License, in Cargocheap Corp.’s sole discretion, a takedown request sent to the appropriate ISP, or social media platform, and/or a Uniform Domain-Name Dispute-Resolution Policy Proceeding (or equivalent proceeding). If you create any materials (physical or digital) bearing the Cargocheap Corp. Marks (in violation of this Agreement or otherwise), you agree that upon their creation Cargocheap Corp. exclusively owns all right, title and interest in and to such materials, including any modifications to the Cargocheap Corp. Marks or derivative works based on the Cargocheap Corp. Marks or Cargocheap Corp. copyrights. You further agree to assign any interest or right you may have in such materials to Cargocheap Corp., and to provide information and execute any documents as reasonably requested by Cargocheap Corp. to enable Cargocheap Corp. to formalize such assignment.

Cargocheap Corp. respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Cargocheap Platform infringe upon your copyrights, please view our Copyright Policy for information on how to make a copyright complaint.

Customer Specific Terms

By using the Cargocheap Platform, you are accessing a service that allows you to place a request for a Cargo Transportation Service(s), which may result in one or more Providers placing an offer to fulfill the requested Cargo Transportation Service, and which allows you to select at least one of said offers. As such, you as a Customer will have the option to accept or reject any pending offer for a Cargo Transportation Service. Further, by using the Cargocheap Platform, you agree that you are not obligated in any way to accept any given offer for a Cargo transportation Service(s), and that instead you may accept any such offer if you so desire. However, if you as a Customer place a request for a Cargo Transportation Service(s) and if subsequently you receive at least three (3) offers by Providers for said Cargo transportation Service(s), your failure to accept at least one (1) of those three (3) Provider offers within a two (2) hour timeframe, beginning at the time in which the last of said three (3) Provider offers is made, will result in a cancellation charge, which Cargocheap Corp. reserves the right to assess, and which may be a minimum of $5.

Cargocheap Corp. also reserves the right to assess a cancellation charge in the event that you as a Customer accept and subsequently cancel a Provider offer for a Cargo Transportation Service(s). Such a charge may be based on a percentage of the value of the accepted Provider offer for the Cargo Transportation Service(s).

Similarly, Customers shall be responsible for any and all unreasonable delays in making the intended cargo or other items available for pick-up or for receiving any such cargo or other items at the intended drop off location. Accordingly, any Customer delays of more than 30 minutes in making cargo or other items available, or receiving such cargo or other items, beyond an initial anticipated time are to be considered unreasonable delays. In connection with any unreasonable delays attributable to Customer, Cargocheap Corp. reserves the right to assess the Customer a charge at a rate of $30/hour to $60/hour for every hour of unreasonable delay, namely, the period after the initial 30 minutes of delay. If the total time of unreasonable delay (i.e., the time counted after the initial 30 minutes of delay) is less than a full hour, a pro-rated charge may be assessed against the Customer at the applicable hourly rates.

Provider Specific Terms

If you are a Provider, you hereby expressly agree that through your use of the Cargocheap Platform or the Cargo Transportation Services that you will ensure you make all best efforts to provide any Cargo Transportation Service(s) that is requested and accepted by a Customer. Further, you agree that you will ensure you make all best efforts to timely render the underlying Cargo Transportation Service(s), including, making all best efforts to arrive on time at the intended cargo pick-up location(s) within the specified timeframe. Accordingly, any delays of more than 30 minutes in arriving at an intended location, or a delivery location, beyond an initial anticipated time are to be considered unreasonable delays. In connection with any unreasonable delays attributable to Provider, Cargocheap Corp. reserves the right to assess the Provider a charge at a rate of $30/hour to $60/hour for every hour of unreasonable delay, namely, the period after the initial 30 minutes of delay. If the total time of unreasonable delay (i.e., the time counted after the initial 30 minutes of delay) is less than a full hour, a pro-rated charge may be assessed against the Provider at the applicable hourly rates.

If you are a Provider, you hereby accept that Cargocheap Corp. may assess you an administrative charge for any cancellations of, or failure to meet any obligations in connection with, a requested and accepted Cargo Transportation Service(s).

If you are a Provider, after you successfully pick up any cargo in connection with any Cargo transportation Service(s), any theft, damage, or otherwise destruction of the cargo, content, merchandise, packages, or any other items that are the subject of the Cargo Transportation Services, or are otherwise accessible in connection with the provision of Cargo Transportation Services, are your sole responsibility and you are responsible for the reasonable value of replacement of such cargo or other items. If you are a Provider, you further agree that Cargocheap Corp. does not transport any cargo, and that the successful and safe transportation of any cargo is your responsibility after a successful pick up.

If you are a Provider, you hereby agree that any and all direct and/or consequential damages, financial or otherwise, which are attributable to your conduct, and that any and all delays, acts or omissions, performance non-performance, intentional or non-intentional, in connection with your obligations under this Agreement, your use of the Cargocheap Platform and or/the Cargo Transportation services, are your sole responsibility and do not involve Cargocheap Corp.

If you are a Provider, and in connection with providing any Cargo Transportation Service(s) you arrive at the intended drop-off location(s) and there is not an individual that may receive the cargo and/or other items, or if you meet or contact an individual at the intended drop-off location(s) upon your arrival, you may leave the cargo and/or other items at an intended location provided that you: 1) drop-off/deliver the cargo at the correct intended location, which may be documented with a photograph(s) that shows the cargo at the drop-off location as well as a clear and visible depiction of the drop-off location, and 2) that the drop- off occurs during the estimated drop-off timeframe.

Disclaimers

The following disclaimers are made on behalf of Cargocheap Corp., our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders. You hereby agree, accept and acknowledge, that Cargocheap Corp. does not provide cargo transportation services, and that Cargocheap Corp. is not a cargo transportation carrier nor a common carrier or public carrier. Instead, you understand and acknowledge the Provider has the option to decide to offer Cargo Transportation Service(s) to a Customer through the Cargocheap Platform, and, in turn, the Customer has the option to decide to accept or decline a Cargo Transportation Service(s) from any Provider available through the Cargocheap Platform. Cargocheap Corp. does not guarantee that a Provider or Customer will complete any particular Cargo Transportation Service(s). Therefore, Cargocheap Corp. does not have any control over the quality or safety of the cargo transportation that occurs as a result of the Cargo Transportation Service(s) and/or use of the Cargocheap Platform.

Cargocheap Corp. does not guarantee that your use of the Cargocheap Platform or Cargo Transportation Services will be safe, protected, continuous, dependable, uninterrupted, correct, complete, or otherwise perfect. As such, Cargocheap Corp. hereby disclaims liability for any reliability or connectivity issues in connection with the Cargocheap Platform. The Cargocheap Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. For example, Cargocheap Corp. is not able to guarantee that the Cargocheap Platform will be free from any harmful or malicious software, including viruses, Trojans, etc.

Cargocheap Corp. also reserves the right to limit or eliminate access to the Cargocheap Platform for Cargo Transportation Services based on a variety of factors, including economic, inclement weather, public health concerns, availability of Providers, or changes in the applicable laws and/or regulations. To the extent permissible by state or federal law, Cargocheap Corp. specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.

Cargocheap Corp. cannot and does not guarantee or otherwise promise any specific outcome, favorable or otherwise, from use of the Cargocheap Platform and/or the Cargo Transportation Services. The Cargocheap Platform and/or Cargo Transportation Services may not be available in every geographic location, and the availability of any Cargo Transportation Services depends on the availability of Providers and/or their willingness to submit offers through the Cargocheap Platform at any given time, which Cargocheap Corp. cannot guarantee.

Cargocheap Corp. encourages you to communicate directly with each potential Provider or Customer prior to engaging in an arranged transportation service. Cargocheap Corp. does not able to guarantee the authenticity or veracity of the identity of any User, Customer or Provider. You are solely responsible to ensure that the Providers and/or Customers associated with the Cargocheap Platform and/or any Cargo Transportation Services are the individuals represented in their profiles, and that these individuals are not

minors or otherwise under 18 years of age. You have the ability to and may communicate in advice with any User in connection with use of the Cargocheap Platform and/or Cargo Transportation Services.

You hereby agree and acknowledge that Cargocheap Corp. is not responsible for the conduct of any User, whether Customer or Provider, of the Cargocheap Platform or Cargo Transportation Services. Further, you are solely responsible for your interactions with other Users. By using the Cargocheap Platform and/or the Cargo Transportation Services, you agree to accept the foregoing risks, including of theft, damage, or loss to cargo or property, and/or unruly, unlawful, or otherwise unacceptable behavior from other users, and further agree that Cargocheap Corp. is not responsible for any such risks or the conduct of any Users, whether customers or providers.

You hereby agree and acknowledge that others, including users, may be able to obtain information about you that you provide, share, publish or post to or through the Cargocheap Platform (including any profile information), send to other Users, or share during the Cargo Transportation Services. As such, you understand and acknowledge that others may be able to improperly use your information against you, including to harass and/or harm you. You further expressly agree and acknowledge that Cargocheap Corp. is not responsible for the use of any personal information that you disclose to others, including Users, on the Cargocheap Platform, or otherwise. As such, please take care in ensuring that you carefully select the information that you post, share and/or otherwise make available through the Cargocheap Platform or in connection with your use of any Cargo Transportation Services. Cargocheap Corp. hereby disclaims any and all liability for the acts of any Users, whether Customers or Providers, including in connection any use, improper or otherwise, of any information you share, provide, post or otherwise communicate through the Cargocheap Platform and/or in connection with your use of any Cargo Transportation Services. Cargocheap Corp. reserves the right to control, monitor, edit, cancel and/or remove any information posted, shared, or otherwise communicated through the Cargocheap Platform, for any reason or no reason, including a reasonable suspicion regarding the impropriety or unlawfulness of said information.

The Cargocheap Platform may be used to obtain information relating to the location of any specific user, whether Provider or Customer. Cargocheap Corp. cannot guarantee the accuracy, reliability, completeness or otherwise adequacy of such location information. Further, it is contemplated that at least some of the information you provide or agree to provide via the Cargocheap Platform, including geolocation data, may be may be accessible not only by Cargocheap Corp., but also by other users.

Indemnity

You hereby expressly acknowledge and agree to defend, indemnify, and hold Cargocheap Corp. including its affiliates, subsidiaries, parents, successors and assigns, and each of its respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, responsibilities, charges, counts, obligations, liabilities and expenses, including, but not limited to reasonable attorneys’ fees, relating to or arising out of your use of the Cargocheap Platform and/or the Cargo Transportation Services. Specifically, you agree to defend, indemnify and hold Cargocheap Corp. harmless with respect to your breach of any of this Agreement; your violation of any law, statute, ordinance, regulation, or violation of the rights of any third parties; your ownership, registration, insurance, and/or use or operation of a motor vehicle or passenger vehicle, including in connection with your provision of Cargo Transportation Services as a Provider; and/or any other activities in connection with your use of the Cargocheap Platform and/or Cargo Transportation Services. This paragraph shall be valid without regard to any negligence from a third party or Cargocheap Corp’s negligence.

Limitation of Liability

TO THE EXTENT PERMISSIBLY BY LAW, CARGOCHEAP CORP., INCLUDING ITS AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “CARGOCHEAP CORP.” FOR PURPOSES OF THIS SECTION), SHALL NEVER BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, DATA BREACH, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE CARGOCHEAP PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, AND FURHTER INCLUDING ANY CONSEQUENATIAL OR UNFORSEEN DAMAGES ASSOCIATED WITH ANY DELAYS IN THE ANTICIPATED TIMING OF CARGO DELIVERIES) ARISING OUT OF OR IN CONNECTION WITH THE CARGOCHEAP PLATFORM, CARGO TRANSPORTATION SERVICES, OR THIS AGREEMENT, HOWEVER ARISING, AND INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, EVEN IF CARGOCHEAP CORP. OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EVEN THOUGH YOU MAY USE THE CARGOCHEAP PLATFORM IN CONNECTION WITH CARGO TRASNPORTATION SERVICES WITH PROVIDERS, YOU EXPRESSLY AGREE AND ACKNOLEDGE THAT CARGOCHEAP CORP. WILL NOT BE LIABLE PURSUANT TO ANY CARGO TRASNPORTATION SERVICES RENDERED TO YOU BY ANYONE IN CONNECTION WITH YOUR USE OF THE CARGOCHEAP PLATFORM.

Term and Termination

This Agreement is effective upon your acceptance and/or your use of the Cargocheap Platform and/or any Cargo Transportation Service(s). This Agreement may be terminated by any User, with or without cause, upon a minimum of seven (7) days notice; by Cargocheap Corp. at any time with or without notice, and with or without cause; or immediately, with or without notice, upon a material breach of this Agreement by you. Furthermore, Cargocheap Corp. hereby reserves the right to terminate this agreement and/or deactivate your account at any time if: you no longer qualify to provide Cargo Transportation Services or cannot legally operate an approved vehicle; if Cargocheap Corp. deems it necessary to ensure the safety of its Users or if your rating falls below a minimum acceptable value.

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

Arbitration

You hereby agree that any dispute, claim or controversy arising out of or relating to any of the terms of this Agreement, including a breach thereof, termination of this Agreement, and/or enforcement, interpretation or validity thereof, or that any dispute, claim or controversy arising out of or relating to your use of any Cargo Transportation Services (collectively, “Disputes”) will be settled by binding arbitration between you and Cargocheap Corp., except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent an actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights,

including copyrights, trademarks, trade secrets, patents or other rights. You hereby acknowledge and agree that you and Cargocheap Corp. are each waiving the right to a trial by jury. Furthermore, you hereby agree to waive your right to participate as a plaintiff or class in any purported class action or representative proceeding. Further, your expressly agree and acknowledge that an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules and Governing Law

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules (the “AAA Rules”) then in effect, except  as  modified  by  this  Dispute Resolution” section. (The AAA Rules are available at www.adr.org or by calling the AAA at 1- 800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

Prior to initiating an arbitration, you and Cargocheap Corp. each agree to notify the other party in writing of any dispute and to attempt to negotiate an informal resolution. Notice to Cargocheap Corp. must be sent to Cargocheap Corp. at 8321 Pines Boulevard, Unit G-016, Pembroke Pines, FL 33024. Neither party shall initiate arbitration until 30 days after the notice is sent.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. A party initiating an arbitration against Cargocheap Corp. must send the written Demand for Arbitration to Cargocheap Corp. at 8321 Pines Boulevard, Unit G-016, Pembroke Pines, FL 33024. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Florida and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and Cargocheap Corp. otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $15,000, then the arbitration will be conducted solely on the basis of documents you and Cargocheap Corp. submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $15,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

 Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Confidentiality

You agree not to use any technical, financial, strategic, commercial, business and/or other proprietary and confidential information relating to Cargocheap Corp.’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Cargocheap Platform, which may include the User’s name, pick-up location, residence location, workplace location, age, gender, contact information and photo (“Confidential Information”) disclosed to you by Cargocheap Corp. for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties and you hereby agree and acknowledge that you will not store such Confidential Information separate and outside of the Cargocheap Platform, including whether you obtain it through the Cargocheap Platform or outside. As a Provider, you expressly acknowledge that some of the information you receive through the Cargocheap Platform and/or in connection with your use of the Cargo Transportation Services may be protected by federal and/or state confidentiality laws, such as the Health Information Portability and Accountability Act (“HIPAA”). In the event that you know a Customer, you should not disclose to anyone the identity of the Customer or the location that you picked up, or dropped off the Customer, as this could violate HIPAA. You understand that any violation of any confidentiality provisions in this Agreement may violate HIPAA or state confidentiality laws and could result in your civil or criminal liability. You further agree to take all reasonable and necessary measures to protect and/or safeguard the secrecy of any Confidential Information and avoid disclosure or use thereof, including to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Cargocheap Corp. with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Cargocheap Corp. or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Cargocheap Corp.; becomes known to you, without restriction, from a source other than Cargocheap Corp. without breach of this Agreement by you and otherwise not in violation of Cargocheap Corp.’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Cargocheap Corp. to enable Cargocheap Corp. to seek a protective order or otherwise prevent or restrict such disclosure.

Relationship with Cargocheap Corp.

You hereby acknowledge and expressly agree that this agreement does not create an employment relationship between you and Cargocheap Corp., and further, that this Agreement is not an employment agreement, but only serves to establish a direct business relationship between you and Cargocheap Corp. Accordingly, your relationship with Cargocheap Corp. is solely that of independent contracting parties. Furthermore, neither this Agreement nor your use of the Cargo Transportation Services create a joint venture, partnership, employment, franchisor-franchisee, or agency relationship between you, Cargocheap Corp. or any third party. Your further expressly agree not to hold yourself out as an employee, agent, or authorized representative of Cargocheap Corp.

You also acknowledge and expressly agree that Cargocheap Corp. does not control, nor shall it be deemed to control, directly or indirectly, your conduct in connection with your use of the Cargocheap Platform and/or Cargo Transportation Services, including without limitation, your acts or omissions, or your operation and maintenance of your vehicle. Cargocheap Corp. does not, and shall not be deemed to, require you to accept any specific request for Cargo Transportation Services as a condition of maintaining access to the Cargocheap Platform.

Miscellaneous

Cargocheap Corp. reserves the right to modify the terms and conditions of this Agreement. Your continued use of the Cargocheap Platform or Cargo Transportation Services after any such modifications shall constitute your consent to such changes. You hereby agree that any modifications to this Agreement do not create a renewed opportunity to opt out of arbitration (if applicable).

This Agreement shall be governed by the laws of the State of Florida without regard to choice of law principles.

If any provision of this Agreement is declared or deemed invalid, unenforceable or unlawful by any tribunal or court of competent jurisdiction, such provision shall be deemed automatically modified to conform to the requirements for validity as declared at the time, and as so modified, shall be deemed a provision of this Agreement as though originally included herein. In the event that the provision invalidated is of such a nature that it cannot be so modified, the provision shall be deemed deleted and withdrawn from this Agreement as though the provision had never been included herein. In either event, the remaining provisions of this Agreement shall remain in full force and effect.

Cargocheap Corp., in its sole discretion may assign or transfer any portion of this Agreement without providing notice to you.

Notices. Any notices to Cargocheap must be provided to the following address: 8321 Pines Boulevard, Unit G-106, Pembroke Pines, Florida 330124. Conversely, Cargocheap Corp. may provide any notices to you through the Cargocheap Platform or given to you via the email or physical address you provide.

A waiver of any breach or violation of this Agreement shall not be construed as a continuing waiver or consent to any subsequent breach or violation by either party hereto.

This Agreement constitutes the entire Agreement and understanding between you and Cargocheap Corp. Furthermore, this Agreement supersedes any and all previous understandings, oral or written, between you and Cargocheap Corp.

Cargocheap Corp. shall not be liable or responsible to you, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts outside of Cargocheap Corp.’s control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities.

Last Updated: September 15, 2021

 

CARGOCHEAP PRIVACY POLICY

 

This Privacy Policy (the “Policy”) applies to your use of the Cargocheap mobile application (the “App”), owned and operated by Cargocheap Corp. (“Cargocheap,” “we,” “us,” or “our”), and any communications you may have with us, including via email, telephone, or in-App messages. The Policy applies to all visitors, customers, and users of the App.

Because your privacy is important to us, we want you to understand how we collect, store, use, and disclose your information when you use the App, as detailed below. Please read the Policy carefully, as your installation of the App or use of our services constitutes your agreement with the Policy and you provide us with explicit and informed consent to the use and processing of your personal information (i.e., information that may identify you) in accordance with the Policy. If you do not agree with the Policy, do not install the App, or use our services.

Information We Collect

 

To provide our services and assure the App is functioning propertly, it is necessary for us to collect certain information, including personal information. Information we collect may include:

Information You Provide

We may collect information that you provide us or our affiliated shipping carriers, including when you use the App, request services, request support, create a customer account, participate in a promotion, or contact us in any way regarding the App or our services.

  • Customer Account. To use the App, we will require you to sign up for a customer account. If you sign up for a customer account, we will collect certain personal information, which may include your company name, your name, title, e-mail address, billing address, geo-location information, telephone number, username/password, and payment and billing information. You may update such information in your customer account by editing the account in the
  • Request Services. To request services, including requesting a quote, we will need to collect additional information, which may include cargo pick-up and destination addresses, type of pick-up and destination addresses (e.g., house, apartment building, business, warehouse, roadside assistance, etc.), the size and weight of the cargo, the type of cargo, the commercial value of the cargo, photograph(s) of the cargo, and the date and time of the pick-up and delivery of the
  • Support, Promotions, Inquiries, and Messages. If you contact us or our affiliated shipping carriers, we may keep a complete log of all

Information Collected Automatically

We reserve the right to automatically collect your mobile device information (which may include device hardware and software information, in-App activity, IP addresses, unique device identifier, usage or access time, and other analytics information) including through the use of cookies and other similar technologies.

How We Use Collected Information

 

  • Services. We may use your information in connection with providing and performing our services and for other related business purposes necessary in our legitimate
  • App. We may use your information in connection with operating, maintaining, and improving our App.
  • Legal. We may use your information to protect our legal rights and comply with our legal obligations.
  • Service Providers : We may use your information in connection with the facilitation of services and communications between you and our affiliated shipping
  • Customer Accounts. We may use your information to create and administer customer accounts and personalize your experience.
  • Provide Support and Respond to Inquiries. We may use your information to provide customer support, notify you about changes to our App or services, and respond to your
  • Promotional Communications. We may use your personal information to contact you with promotions, offers, information of interest related to our App or services. You may opt-out of receiving such communications from us by following the instructions provided in our emails. However, we may continue to send you messages related to the services, such as those about your customer account or your current service
  • Confirm Identity. We may use your information to confirm your

How We Disclose Collected Information

 

Personal Information

We do not disclose, sell, rent, trade, or publish your personal information to any non-affiliated third parties. The personal information collected through the App is used solely to deliver our services. We will only disclose your personal information as follows:

  • Service Providers. We may disclose your information with service providers who work on our behalf to assist us in providing you the services, including shipping carriers, credit card processors, and email service providers. Such entities are contractually obligated to comply with this Policy, protect your information, and do not have any right to use your information beyond what is necessary to assist us in the performance of the
  • Legal. We may disclose your information if we are legally required to. We may disclose your information if we believe that it is necessary to comply with a law, regulation, or valid legal procedure, such as a subpoena or court order. In addition, we may disclose your information if we are merged with or acquired by another
  • Protection. We may disclose your information if we believe it would be reasonably necessary to prevent imminent and serious bodily harm to a human being, to investigate fraudulent activity or breaches of security, or to protect our rights or

Non-Personal Information

We reserve the right to disclose de-identified information (i.e., information that cannot identify you) to help us improve our App and services.

Data Security

Although no security system is impenetrable, we take appropriate technical and organizational measures to help secure your information. We use Amazon Web Services to store collected information; please see aws.amazon.com/security for more information. However, you are responsible for taking precautions to secure your account username and password.

Data Retention

We will retain your personal information for no longer than is necessary for the purposes for which the personal information was collected, unless required b y law to retain it longer. You may delete your customer account at any time in the App.

Data Transfers

We are a Florida-based company whose servers are housed in the United States. All information provided to us, and all information we collect, is transferred within the United States, and is processed and stored according to United States law.

Minors

The App was not developed or intended for minors under 18 years of age. We do not knowingly collect information from minors under 18 years of age. Minors under the age of 18 years of age may not use the App. If you install the App or use our services, you represent that you are at least 18 years of age. If you are the parent or guardian of a minor and learn that he/she has provided us with personal information, you may contact us at [email protected], and we will act to delete such information quickly.

Do Not Track

We do not currently respond to “Do Not Track” signals or other similar opt-out mechanisms, other than those specifically set forth in this Privacy Policy, including general web browser “Do Not Track” settings.

Push Notifications

We may send push notifications to your mobile device, with your permission, to provide service information, service updates, promotional communications, and other related business messages. You can opt-out of push notifications by changing the settings within your mobile device. However, this may affect certain functionality in the App.

Geo-Location Information

When you use the App or our services, with your permission, we may collect geo-location information for localization accuracy with respect to cargo pick-up and destination address(es). We will only collect such information if the permissions in your mobile device allow communication of this information. You can opt-out of making this information available to us by changing the settings within your mobile device, however, this will affect key functionality of the App. For instance,  if you opt-out, you must manually enter the required pick-up and destination address(es) each time you request our services. Please note, the precise geo-location information with respect to cargo pick- up and destination address(es) collected from our affiliated shipping carriers during a delivery of your cargo will still be linked to your customer account, even if you opt-out, to facilitate and confirm the pick-up and delivery of cargo, provide customer support, enhance our services, improve safety functionality, and detect fraudulent activity.

California Residents

This section supplements the Policy and applies only to California residents. Pursuant to the California Consumer Privacy Act (“CCPA”), California residents have certain rights with respect to their personal information.

The CCPA requires us to provide the categories of personal information (as defined in the CCPA) we collect, or have collected in the last 12 months, they include:

  • Identifiers (including name, username, email address, postal address, telephone number, and other similar identifiers)
  • The categories of personal information listed in the California Customer Records statute (Cal. Code § 1798.80) (including name, address, telephone number, employment information, credit card number, debit card number, or any other financial informatio n)
  • Commercial information (including services purchased or considered, payment history, transaction history information)
  • Geo-location information
  • Professional or employment-related information (including job title and business contact information)

Pursuant to the CCPA, we do not “sell” personal information and have not sold any personal information in the past 12 months. As such, there is no need to opt-out of the sale of your personal information. We use and disclose the above categories of personal information consistent with the business purposes discussed in this Policy.

Under the CCPA, as California residents, you may request:

  • The categories of personal information we have collected or disclosed about you
  • The categories of sources of such personal information
  • The business or commercial purpose for which we have collected such personal information and the categories of third parties with whom we disclose such personal information
  • The actual personal information we have collected about you
  • That we delete personal information that we have collected about you and,
  • To opt-out of the sale of personal information, and whether we have sold your personal information to any third parties and for what purpose

We will not discriminate against you for exercising any of these rights. Please note, certain information may be exempt from requests under the law.

Please note, such requests can only be made two times within a 12-month period at no charge. We reserve the right to deny or charge a fee with respect to fulfilling additional requests during such 12-month period. Any information we provide will only include information that we have collected over the previous 12 months from the date of such request.

For your protection, we will need to verify your identity before complying with your request(s). Accordingly, you may need to provide us certain personal information, such as your name and email address. To designate an authorized agent to make such requests on your behalf, in addition to the foregoing, you will need to provide a written authorization or power of attorney signed by you. If there is no personal information that we can verify, we may be unable to complete your request. We will attempt to respond to all verifiable requests within 45 days of receipt of such requests.

If you are a California resident and would like exercise any of the above rights pursuant to the CCPA, please contact us at Cargocheap Corp., 8321 Pines Boulevard, Unit G-016, Pembroke Pines, FL 33024 or via email at [email protected].

Changes to the Policy

We may change the Policy from time to time. If we make any changes to the Policy, we will change the “Last Updated” date at the top of this page. We encourage you to visit this page from time to time for the latest developments on our privacy practices. We may provide additional notice of such changes via email, push notifications, or other in-App features. Your continued use of our App signifies your acceptance of any changes to the Policy. If you do not agree with such changes, do not use the App.

Contact Information

We welcome your comments or questions regarding this Policy. Please e-mail us at [email protected] or contact us at Cargocheap Corp., 8321 Pines Boulevard, Unit G-016, Pembroke Pines, FL 33024.

Last Updated: September 15, 2021

 

CARGOCHEAP PRIVACY POLICY

 

This Privacy Policy (the “Policy”) applies to your use of the Cargocheap mobile application (the “App”), owned and operated by Cargocheap Corp. (“Cargocheap,” “we,” “us,” or “our”), our services, and any communications you may have with us, including via email, telephone, or in-App messages. This Policy applies to all shipping carriers and their affiliated users and representatives (“Carriers,” “you,” or “your”) that use the App.

Because your privacy is important to us, we want you to understand how we collect, store, use, and disclose your information when you use the App, as detailed below. Please read the Policy carefully, as your installation of the App or use of our services constitutes your agreement with the Policy and you provide us with explicit and informed consent to the use and processing of your personal information (i.e., information that may identify you) in accordance with the Policy. If you do not agree with the Policy, do not install the App, or use our services.

Information We Collect 

To provide our services and assure the App is functioning properly, it is necessary for us to collect certain information, including personal information. Such information we collect may include:

Information You Provide

We may collect information that you provide us, or our customers, including when you use the App, create a Carrier account, provide price quotations, transport cargo, request support, participate in a promotion, or contact us in any way regarding the App or our services.

  • Carrier Account. To use the App, we will require you to sign up for a Carrier account. If you sign up for a Carrier account, we will collect certain personal information, which may include your company name, your name, job title, e-mail address, postal address, geo-location information, telephone number, username/password, payment and billing information, bank account or PayPal information, Social Security Number, and Employer Identification Number. You may update some of such information in your Carrier account by editing the account in the
  • Transport Cargo. To transport customer cargo, including providing a price quotation to our customers, we will collect additional information, which may include information related to the vehicle(s) that will transport the cargo and information regarding said vehicle’s driver(s), such as vehicle registration information, vehicle insurance information, vehicle cargo insurance information, vehicle photograph(s), and driver’s license information (including photograph).
  • Support, Promotions, Inquiries, and Messages. If you contact us, or our customers, we may keep a complete log of all

Information Collected Automatically

We reserve the right to automatically collect your mobile device information (which may include device hardware and software information, in-App activity, IP addresses, unique device identifier, usage or access time, and other analytics information) including through the use of cookies and other similar technologies.

How We Use Collected Information

 

  • Services. We may use your information in connection with providing and performing our services and for other related business purposes necessary in our legitimate
  • App. We may use your information in connection with operating, maintaining, and improving our App.
  • Legal. We may use your information to protect our legal rights and comply with our legal obligations.
  • Service Providers and Customers: We may use your information in connection with the facilitation of services and communications between you and our
  • Carrier Accounts. We may use your information to create and administer Carrier accounts and personalize your experience.
  • Provide Support and Respond to Inquiries. We may use your information to provide support, notify you about changes to our App or services, and respond to your
  • Promotional Communications. We may use your personal information to contact you with promotions, offers, information of interest related to our App or services. You may opt-out of receiving such communications from us by following the instructions provided in our emails. However, we may continue to send you messages related to our services, such as those about your
  • Confirm Identity. We may use your information to confirm your

How We Disclose Collected Information

 

Personal Information

We do not disclose, sell, rent, trade, or publish your personal information to any non-affiliated third parties. The personal information collected through the App is used solely to perform our services. We will only disclose your personal information as follows:

  • Customers. We may disclose some of your information with our customers in order to perform the services they have requested, and you have accepted, including when you provide them price quotations.
  • Service Providers. We may disclose your information with service providers who work on our behalf to assist us in providing our services, including payment processors and email service providers. Such entities are contractually obligated to comply with this Policy, protect your information, and do not have any right to use your information beyond what is necessary to assist us in the performance of our
  • Legal. We may disclose your information if we are legally required to. We may disclose your information if we believe that it is necessary to comply with a law, regulation, or valid legal procedure, such as a subpoena or court order. In addition, we may disclose your information if we are merged with or acquired by another
  • Protection. We may disclose your information if we believe it would be reasonably necessary to prevent imminent and serious bodily harm to a human being, to investigate fraudulent activity or breaches of security, or to protect our rights or

Non-Personal Information

We reserve the right to disclose de-identified information (i.e., information that cannot identify you) to help us improve our App and services.

Data Security

Although no security system is impenetrable, we take appropriate technical and organizational measures to help secure your information. We use Amazon Web Services to store collected information; please see aws.amazon.com/security for more information. However, you are responsible for taking precautions to secure your account username(s) and password(s).

Data Retention

We will retain your personal information for no longer than is necessary for the purposes for which the personal information was collected, unless required by law to retain it longer.

Data Transfers

We are a Florida-based company whose servers are housed in the United States. All information provided to us, and all information we collect, is transferred within the United States, and is processed and stored according to United States law.

Minors

The App was not developed or intended for minors under 18 years of age. We do not knowingly collect information from minors under 18 years of age. Minors under the age of 18 years of age may not use the App. If you install the App or use our services, you represent that you are at least 18 years of age. If you are the parent or guardian of a minor and learn that he/she has provided us with personal information, you may contact us at [email protected], and we will act to delete such information quickly.

Push Notifications

We may send push notifications to your mobile device, with your permission, to provide service information, service updates, promotional communications, and other related business messages. You can opt-out of push notifications by changing the settings within your mobile device. However, this may affect certain functionality of the App.

Geo-Location Information

When you use our services, we will collect your precise geo-location information for localization accuracy. We can only collect such information if the permissions in your mobile device allow communication of this information. As such, enabling the tracking of your precise location is a precondition of using our services. If you  opt-out of making any location information available  to us, you will not be allowed to use our services. Such precise geo-location information is necessary to facilitate our services, provide support, improve safety functionality, and detect fraudulent activity.

California Residents

This section supplements the Policy and applies only to California residents who are, or were, affiliated shipping carriers. The California Consumer Privacy Act (“CCPA”) requires us to provide the categories of personal information (as defined in the CCPA) we collect, or have collected in the last 12 months, they include:

  • Identifiers (including name, username, unique personal identifier, email address, postal address, telephone number, and other similar identifiers)
  • The categories of personal information listed in the California Customer Records statute (Cal. Civ. Code § 1798.80)) (including name, social security number, employer identification number, address, telephone number, physical characteristics or description, driver’s license number, vehicle insurance policy information, employment information, bank account number, credit card number, debit card number, or any other financial information )
  • Protected classification characteristics under California law or federal law (including age, sex)
  • Biometric data
  • Commercial information (including payment history, transaction history information)
  • Geo-location information
  • Professional or employment-related information (including job title and business contact information)

We do not “sell” personal information and have not sold any personal information in the past 12 months. However, as an affiliated shipping carrier, we collect, use, and disclose your personal information consistent with the business purposes discussed in this Policy, including to administer our business relationship. If you have any questions regarding the foregoing, please contact us at [email protected].

Changes to The Policy

We may change the Policy from time to time. If we make any changes to the Policy, we will change the “Last Updated” date above. We encourage you to visit this page from time to time for the latest developments on our privacy practices. We may provide additional notice of such changes via email or in- App features. Your continued use of our App signifies your acceptance of any changes to the Policy. If you do not agree with such changes, do not use the App.

Contact Information

We welcome your comments or questions regarding this Policy. Please e-mail us at [email protected] or contact us at Cargocheap Corp., 8321 Pines Boulevard, Unit G-016, Pembroke Pines, FL 33024