TERMS AND CONDITIONS

This Privacy and Personal Data Protection Policy (hereinafter, the «Privacy Policy») governs the personal data submission made by users of the Application named Kargoo, located at the Uniform Resource Locator (hereinafter, the «URL») http://www.kargoo.io (hereinafter, the «App») which Kargoo, Inc. (hereinafter, «Kargoo») makes available to its users.

Your sign-up, access and/or use of the contents and/or the services rendered by the App

grant you the user condition of the App (hereinafter, “User”, and it includes the terms “User” and “You” in singular and the term “Users” in plural) and involves that you wholly accept without limitation any and all provisions set forth in these Terms and Conditions in the version posted by Kargoo when You access to the App to sign-up, access and/or use its contents and/or services.

Therefore, you represent to acknowledge and accept that you undertake to read fully these Terms and Conditions every time where the contents and/or the services of the App are proposed to be accessed and/or used and these Terms and Conditions may be subject to any amendment upon Kargoo sole discretion without requiring a prior notice upon it is posted in the App.

Capitalized terms which are not expressly defined in this Privacy Policy shall have the definitions stated under the General Terms and Conditions of the App.

IF YOU DISAGREE WITH THESE TERMS AND CONDITIONS WHICH ARE MANDATORY AND BINDING FOR YOU, YOU SHALL STOP YOUR SIGN-IN PROCESS IN THE APP OR, IF YOU HAVE ALREADY MADE IT, YOU SHALL PREVENT FROM ACCESSING OR USING THEREOF, ITS CONTENTS AND/OR ITS SERVICES.

1. KARGOO AND THE APP

By the App, Kargoo enables interaction of persons willing to purchase products marketed in different territories other than cities where they are located (hereinafter, «Shopper» or «Shoppers»), with persons willing to buy, receive, transport or submit them to Shoppers in exchange of an economic consideration agreed in advance (hereinafter, «Traveler»or «Travelers»).

Users may act as Shoppers and/or Travelers in their account in the App.

2. SIGN-UP, ACCESS AND USE CONDITIONS OF THE APP

2.1 Legal Capacity

The App use is available for persons with legal capacity to contract. To sign up, access and use the App, User shall have, at least, eighteen (18) years old.

2.2 User Sign-up and Sign-In

Upon signing up to use the App, User shall provide Kargoo the required information and shall choose a password for his account. When the stated data are submitted, User shall be addressed to his account within the App.

User shall ensure that email address provided shall be valid and shall continue as valid during the term of this agreement because all notices from Kargoo to User out of the App shall be submitted to email address used to sign up to the App.

User undertakes to provide correct and complete information when signing up in the App by linking his profile of social network located at the URL http://www.facebook.com (hereinafter, «Facebook») to his Kargoo account. Furthermore, User expressly authorizes Kargoo to post and submit messages in his name by Facebook.

User undertakes to provide correct and complete information when signing up in the App by linking his profile of social network located at the URL http://www.gmail.com (hereinafter, «Gmail») to his Kargoo account. Furthermore, User expressly authorizes Kargoo to post and submit messages in his name by Facebook.

Personal data obtained by User sign-up shall be included in a database owned by Kargoo (hereinafter, the “Database”). Database shall be governed by conditions stated in Privacy and Personal Data Protection Policy.

User is liable for keeping confidentiality of his sign-in and password data, as well as to prevent from intrusions to systems of computer and/or mobile phone devices used to access to the App and/or Service. For this purpose, User shall be deemed sole liable for actions and activities made under his sign-in data and/or password used to access and/or use the App. User undertakes to not disclose, whether directly or indirectly, his password to third parties under no circumstance and/or reason, as well as to prohibit third parties from using his sign-in data and/or password.

If User loses his user name and/or password, or if User deems this information is endangered in any way, and/or if User suspects that his account has been used by non-authorized third parties, User undertakes to change his password immediately and to inform Kargoo, as soon as possible, by sending an email to hello@kargoo.io

2.3 Information Truthfulness

All information provided by User to Kargoo shall be true. For this purpose, User warrants the authenticity of those data submitted to Kargoo during his sign-up and use of the App.

Kargoo does not control, monitor, review nor validate information provided by Users during sign-up process in the App, nor during their stay therein, so that it is assumed in good faith that all information provided by Users is correct, complete, lawful and convenient to these Terms and Conditions, law, morals and good habits.

User represents that Kargoo shall not be liable for any damage and/or harm suffered by User and/or any other person due to misrepresentation, errors, defects and/or omissions in the information provided by any of the Users in the App and/or by the use of the App.

Furthermore, Kargoo reserves the right to suspend and/or cancel User account from the App, as well as to inform corresponding governmental authorities if it is aware that false and/or inaccurate data and/or information is included as well as in any alleged case of identity theft in the App.

2.4 Liability to Use Properly the App

Each User may have only one (01) account in the App and is prohibited from creating more accounts with different emails or faking, amending or altering his personal data in any way. If Kargoo is aware that a User has more than one (01) account, Kargoo may, upon its sole discretion, (i) keep active the first account that User has created and void other accounts, without requiring prior notice to User for this purpose; and/or (ii) cancel all User accounts including, in both cases, annulment of any order, purchase order and/or request generally, upon its sole discretion, and the User shall not have right to any payment nor reimbursement.

User undertakes to access to the App and to use the Service in good faith, pursuant to law and according to these Terms and Conditions. In this regard, User:

  • i) Shall not share, market, exchange, sell, purchase nor distribute sign-in data and/or passwords to access and/or use the Webpage and/or the Service.
  • ii) Shall not use any language, which upon Kargoo sole discretion, may be deemed unlawful, intimidating, excessive, obscene, harmful, slanderous, rude, stalking, detestable, racist and/or reprehensible, nor any language which may be deemed inappropriate and/or contrary to morals and good habits when communicating with Kargoo staff, any Traveler and/or any Shopper in the App.
  • iii) Shall not use the App and/or the Service offered by Kargoo for inappropriate and/or unlawful purposes.
  • iv) Shall not provide links to any website containing undue and/or unlawful material and/or damaging and/or impairing Kargoo computer systems.
  • v) Shall not take undue advantage of any problem and/or failure in operation, design and/or efficiency of the App and/or the Service. User shall not inform, directly nor indirectly, this problem and/or failure to third parties.
  • vi) Shall not inform any personal data, private, sensitive nor personal information from any other User and/or third parties by the App, in no manner and under no circumstances.
  • vii) Shall not use, create nor provide any simulation and/or fraudulent copy of the App and/or Kargoo servers and/or related persons.
  • viii) Shall not attempt to interfere, make reverse engineer and/or decode any transmission of the servers from Kargoo and/or its related persons and/or the Webpage.
  • ix) Shall not infringe any industrial and/or intellectual property rights from Kargoo, its related persons nor third parties. User shall not load, transmit and/or inform in the App, nor by the App, materials protected by intellectual property rights unless User has required authorization to make these actions provided by the corresponding owners of intellectual property rights.
  • x) Shall not interfere with capacity and freedom from other Users to access and/or use the App and/or the Service.

The failure of User to comply with any of the aforementioned listed conditions or other conditions contained in these Terms and Conditions shall grant Kargoo the option to suspend and/or cancel definitely the infringing User account, and if Kargoo deems convenient, Kargoo may prosecute the stated facts before the corresponding authorities.

 

2.5 Suspension and Cancellation of Users

Kargoo may issue warnings, provisional suspensions, and final cancellations to Users at any time, without cause nor reason, which shall not be solely conditioned to those Users infringing these Terms and Conditions and/or any notices, regulations for use and/or instructions informed by Kargoo to Users.

In this regard, Kargoo reserves the criterion related to when, to whom and how to impose warnings, penalties and/or disciplinary measures. The importance of a breach and the number of events are taken into account in decisions, notwithstanding the actions, which Kargoo shall decide to implement upon its sole discretion.

 

 

3. PRODUCTS, ORDERS, SHOPPERS AND TRAVELERS

3.1 Shopper and Traveler

User shall be deemed Shopper when, by the App, Shopper posts his purchase intention, including the URL of the specific product (hereinafter, the «Product») to be purchased in a certain online store (hereinafter, the «Store»), so that a Traveler may purchase, receive or collect, transport and deliver or submit to Shopper (hereinafter, the»Traveler Service»).

User shall be deemed Traveler when, by the App, Traveler posts his trip and he states his availability to purchase and receive the Product in his boarding city (hereinafter, the «Boarding City»), to transport and deliver or submit it to the city where the Shopper is located (hereinafter, the «Destination City»).

Shopper and Traveler acknowledge that, when contacting and agreeing the corresponding payment for acquiring, receiving, transporting and delivering the Product, both have freely acted by free will and are liable for complying with the agreement of both parties, and Kargoo is held harmless from any error, breach, damage and/or offense which may be committed in/or out the App by Shopper, Traveler and/or any other third party, whether related or not related to them.

3.1.1 Shopper

By the App, Shopper shall inform Kargoo Traveler group about his interest in acquiring the Product by completing the data required by Kargoo (hereinafter, the «Order»).

Shopper shall state the URL related to the Product in the App. Shopper shall be prevented from making non-specified, general or those orders which are identified, but not attached by the corresponding URL.

3.1.2 Traveler

Traveler undertakes to acquire the Product by the URL provided by Shopper using the App. Traveler shall be prevented from acquiring the Product from a supplier different from the one selected by Shopper.

Travelers willing to render the Traveler Service for transporting the Product stated in the Order may make proposals to Shopper (hereinafter, the «Traveler Service Proposal” or the «Traveler Service Proposals») and the corresponding consideration to render this service is determined (hereinafter, the «Traveler Consideration»).

For each Order posted in the App, Kargoo shall inform to Traveler a proposed amount for Traveler Consideration according to the Price, the details of the product (hereinafter, the Proposed Traveler Consideration»).

3.2 The Product

Kargoo may make available to User in the App links, banners and/or other means referring Users to websites owned and/or managed by third parties (hereinafter, the «Linked Sites»).

Shopper represents that Traveler shall be solely liable for purchasing the Product from the URL provided by Shopper for these purposes, and Shopper shall be solely liable for checking integrity, accuracy and suitability of the Product when it is delivered by Traveler.

Shopper undertakes to refrain from posting purchase and transport requests of unlawful items, contravening intellectual property rules, requiring permits and/or special permits to be imported and or nationally and/or internationally transported, weapons, drugs, explosives, munitions, products classified as cosmetics, medicines, prepared food, seeds, plants, flowers, animals, organs, toxic substances, dangerous goods, items whose possession involve any kind of risk, prohibited and/or restricted items by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Agreement Concerning the International Carriage of Dangerous Goods by Road), or any other relevant organization; and/or in any of the origin, transit and/or destination country of Traveler and/or the Product. Furthermore, Traveler undertakes to not acquire nor transport the aforementioned items as requested by any Shopper.

Kargoo does not warrant the lawfulness, reliability, availability, usefulness, truthfulness, accuracy, legality, harmlessness, suitability and/or current accuracy of the products offered by the Linked Sites, nor by any third party including without limitation the Product. In this regard, User holds Kargoo harmless from any kind of damages arising from acquiring, possessing, transmitting, transporting, distributing, handling, storing, making available, submitting, receiving, obtaining, accessing and/or using the Product.

3.3 The Order, Traveler Service Proposal and Purchase Order

The Order shall state (i) the specific URL of the Product including the description of the Product, the amount of the Products to be acquired, if it is more than one; (ii) the purchase price of the Product in the Store; (iii) the deadline when Shopper shall have the Product in the Destination City. (hereinafter, the Delivery Point»).

When the Shopper has received one or more Traveler Service Proposals, Shopper may choose the one he preferred by the App. When choosing one Traveler Service Proposal, Kargoo shall issue a document whereby data related to the Product, the Traveler Service and other issues deemed relevant by Kargoo upon its sole discretion shall be detailed (hereinafter, the Purchase Order»).

It shall be stated in the Purchase Order: (i) the specific URL of the Product including the description of the Product, the amount of the Products to be acquired, if it is more than one; (ii) the purchase price of the Product in the Store; (iii) the fee owed to Traveler; (iv) the fee owed to Kargoo; (v)the date, time and Delivery Point of the Product to Shopper.

3.4 Acquiring, Receiving, Transporting and Delivering or Submitting the Product

When the Product is delivered or collected by Traveler, Traveler shall be liable for transporting the Product to the Destination City as well as for making all import formalities according to law and finally transporting to the Delivery Point.

Traveler shall send a message to Shopperfor confirming day, hour and Delivery Point when Traveler arrives to Destination City. Neither Traveler nor Shopper may unilaterally change the Delivery Point, so that if any of them required to make a change, this change shall be accepted and validated by the other party. If the other party does not accept this change, the Delivery Point stated in the Purchase Order shall be kept.

If Shopper and Traveler may not deliver the Product within a term of three (03) calendar days after the Traveler has arrived to the city where Shopper lives, for a cause non- attributable to Shopper, Kargoo shall return the total amount paid by Shopper in connection with the Purchase Order. In this case, Traveler shall be entitled to return the Product to the store where the Product was acquired, or to keep it for himself, without right to receive any payment by Kargoo nor Shopper.

When Traveler delivers the Product, Shopper shall review the Product to evidence that it is in good condition. Otherwise, Shopper shall evidence this fact, shall not receive the Product, shall take photos of the Product emphasizing in the problems occurred and shall immediately submit the images to Kargoo. Kargoo shall not be liable for any claim made by User related to the condition of the Product if the Product has been received without taking into account the aforementioned procedure detailed and it shall be specially taken into account that Kargoo shall pay the Traveler Consideration to Traveler after receiving the compliance of Shopper in connection with the Product.

3.5 Means of payment

Shopper represents and warrants to be the holder of the means of payment used for acquiring the Product and hiring the Traveler Service.

Upon the sole delivery of a claim by person asserting that User has used other means of payment without authorization of the holder and/or with fraud, and/or upon sole discretion of Kargoo, Kargoo reserves the right to: (i) request User identity validity by additional means upon the sole account creation in Kargoo; and/or (ii) cancel any purchase request of the Product and hiring request of the Service.

4. KARGOO INTELLECTUAL PROPERTY

Any kind of marks, trade names and/or distinctive signs on the  are owned by Kargoo, as the case may be and/or by their corresponding holders, and it may not be deemed that the use and/or the access to the App/Website and/or the Traveler Service shall grant the User any right on the aforementioned marks, trade names and/or distinctive signs. In every cases, the use of marks, trade names and/or distinctive signs from third parties in the App/Website is only for information purposes for Users of the App.

Furthermore, the contents and other elements protected by applicable law of intellectual property in the App/Website are owned by Kargoo and/or its corresponding holders, and they may not be deemed licensed and/or assigned in their rights of use, marketing, amendment and/or business development in any manner, to other Users nor in favor of third parties by its loading, posting and/o public communication in the App. Pursuant to the provisions set forth in these Terms and Conditions, none of the existing rights and/or rights which may arise in the future on these contents and/or other elements protected by applicable law of intellectual property, may be used by User exceeding which is strictly necessary to use correctly the App and the Service, and always under good faith principles and good use thereof.

User represents to acknowledge and accept that is expressly prohibited from unloading, copying, reproducing, reposting, sending by regular mail, transmitting, storing, selling or distributing copies of Works and/or other intellectual property rights contained in the App/Website, unless User has a prior written consent from Kargoo and/or its related persons and/or the holder of the corresponding right.

Kargoo and its related persons are excluded from any liability for any kind of damages arising from infringing distinctive signs or intellectual property rights by Users in the App and/or by the Traveler Service.

5. EXCLUSION OF WARRANTIES AND LIABILITY

User represents to acknowledge and accept that Kargoo does not control the Users, Shoppers, Travelers, the Linked Websites, nor any other webpage different from the App, and that Kargoo does not market, directly nor indirectly, the Products offered to User and/or Shoppers by internet, nor those Products which Travelers may be requested to acquire, receive or collect, transport and deliver by Shoppers.

Kargoo makes only available to the Users, Shoppers and Travelers a computer platform enabling communication between persons offering and requesting the Service of Travelers. Therefore, Kargoo recommends Users, Shoppers and Travelers to acquire the Product in reliable stores and adopt utmost care and safety measures which may be possible to safeguard their personal and property integrity including without limitation to purchase only the Product in reliable stores, coordinate the delivery of the Product in busy public places and provide minimum personal data required to render the Traveler Service.

Although Kargoo regularly monitors the absence of virus and other malware elements in the App, User represents to acknowledge and accept that, even if a computer intrusion occurs, User may be affected by alterations in his computer system (software and hardware) and/or in his electronic files and/or files stored in his computer system and/or by intercepting information and/or personal data submitted by the Users, Shoppers, Travelers by any means, including but not limited to the App. User undertakes to access to the App provided that User shall have suitable and updated antivirus software and antispyware in any device which is used to access to the App.

You hold Kargoo and its related persons, shareholders, Directors, Managers, employees and suppliers harmless from committing offenses, misdemeanors, damages and/or harms of any nature, which may be caused by (i) the existence of virus and/or any other malware element in general which may cause alterations in computer system, electronic documents and/or files from the Users; and/or (ii) any act made by willful misconduct and/or negligence by any User, Shopper, Traveler, and/or any other person in general by using the App and/or the information and/or the personal data entered and/or transmitted among the Users, Shoppers and/or Travelers by the App; and/or (iii) transmission, transport, distribution, storage, making available, receipt, obtaining, access and/or use of the Product.

Link and submission to the Linked Sites, under no circumstance, shall be deemed as a warranty offered by Kargoo, nor in connection with the Linked Sites, nor in connection with the products offered by the Linked Sites. To include the Linked Services in Kargoo is only for reference purposes. You represent to acknowledge and accept that you shall be solely liable for checking truthfulness, lawfulness and reliability of the URL of the Linked Sites and of any store whereby the Users, Shoppers and Travelers decide to purchase the Products and you waive to any legal, court or out-of-court action whereby you attempt to attribute any kind of liability under any form to Kargoo.

User represents to acknowledge and accept that any purchase made by Internet has a risk of computer intrusion and non-authorized collection of personal data and/or means of payment used by User within rendering the Service.  Kargoo shall make reasonable efforts to reduce these risks, but Kargoo shall not be liable for committing interceptions and/or computer intrusions to the detriment of Kargoo and/or User.

Kargoo shall not be liable for lawfulness, reliability, truthfulness, appropriateness, importance, harmlessness nor suitability of the Product obtained by the Shopper by the Traveler Service, nor any other product offered by Linked Sites and/or by any other store whereby Shopper and/or Traveler may decide to purchase the Product.

6. SYSTEM REQUIREMENTS

When using the App and/or the Service, User accepts that hardware, software and access to Internet used by the User play an important role in his browsing experience. In this regard, User accept that Kargoo shall not be liable for any hardware, software and/or access to Internet defect by the User and/or by Kargoo, nor for any computer intrusion and/or by providing malware, and, therefore, User holds Kargoo harmless from these situations.

User is sole and exclusively liable for expenses related to Internet connection, as well as for all software and hardware required for this purpose, its review, safety, repair and/or correction and/or any other cost and/or expense for operating, maintaining and protecting thereof.

Kargoo reserves the right to verify the computer software version used by User to access the App and/or the Service to inform User if it is required to install and/or to update certain program to access and/or improve his access thereto, but this may not be deemed a Kargoo obligation under no case.

 

7. SERVER CUTOFFS

User represents to know that there may be maintenance periods for server of the App, as well as maintenance periods for the App itself. Kargoo shall make his best efforts to limit the server idle period and shall not be liable for any damage suffered by User as consequence of maintenance or other idle periods of the App, regardless the cause, even if it is under the control of Kargoo. User agrees to hold Kargoo harmless from any damage suffered including loss of profit, consequential damage and/or further damage which may be caused by those facts, and waives in advance to any legal, administrative, court and out-of-court action related thereto, as well as to the terms to file them.

Kargoo shall not be liable for any damage or harm suffered by User, whether directly and/or indirectly, by interrupting the access and/or availability of the App and/or the Service for any reason, including without limitation foreseen or unforeseen causes and/or causes controlled and/or non-controlled by Kargoo, such as act of God and/or force majeure, events or natural disasters, failure in telecommunications, power failures, computer attacks and any other kind of possible situations.

8. AMENDMENT

Kargoo reserves the right to remove and/or amend at any time without further notice, part of the App and/or the Service, as well as part of these Terms and Conditions, which User represents to have wholly read and accepted as prior condition when he accesses to the App and/or the rendering of Traveler Service.

9. TERM AND TERMINATION

At the beginning, the App and the Service have an indefinite term. Notwithstanding the foregoing, Kargoo may suspend and/or cancel unilaterally the App and/or the Service, at any time, without cause and this may not cause any consideration, penalty nor compensation to be paid in favor of Kargoo and/or of any User, Shopper and/or Traveler. When it is reasonably possible, Kargoo shall warn User in advance on the App/Website and/or the Service suspension or cancellation.

 

10. APPLICABLE LAW AND JURISDICTION

For every matter, which is not set forth herein, these Terms and Conditions are governed by applicable legal rules of the State of California, United States of America. Kargoo and You expressly waive to any other venue and/or jurisdiction, which may be competent.

 

11. GENERAL PROVISIONS

If any provision or provisions of the Terms and Conditions are held wholly or in part null and/or unenforceable by any competent court, tribunal and/or administrative body, this nullity or unenforceability shall not affect other provisions not deemed specifically null and/or unenforceable.

 

12. CONTACT

To contact Kargoo, User shall send an email to hello@kargoo.io