Terms and Conditions of Use [CGU]
Preamble
The company
OCEAN’S
, a simplified joint stock company (SAS) with capital of 5,000 euros, having its registered office at Résidence de la Brise, 18 route Bleue, 13620 Carry-le-Rouet and whose unique identification number is 850 771 924 RCS Aix-en-Provence (the “Company” or “OCEAN’S”) has developed a digital platform for digital intermediation services for the transport of goods and more specifically a digital freight exchange within the meaning of 4°) of Article L3261-1 of the Transport Code.
These T&Cs apply to all Users for all services offered by the Company who declare that they are offered under these T&Cs via the Sites https://www.APP4FREIGHT.net/ and https://app.APP4FREIGHT.net/ and in particular:
The Company provides a remote intermediation service by electronic means (the “APP4FREIGHT Service”), between:
-> Loader Customers
-> And Service Providers
Having a character that is separable from the Transport Service itself (the “Goods Transport Mission”), insofar as this intermediation only aims to facilitate, possibly by means of additional services of research, comparison, reservation, communication, monitoring and/or payment, the conclusion of contracts relating to future Transport Missions without selecting the Service Provider retained by the Shipper Client, nor exercising any decisive influence on the essential conditions of the Transport Services, their execution or their price.
Any use whatsoever of the Sites (“Site” or “Platform”) :
- https://www.APP4FREIGHT.net/
- https://doc.APP4FREIGHT.net/
- https://app.APP4FREIGHT.net/
- https://beta.APP4FREIGHT.net/
implies the Visitor's and/or User's unreserved acceptance of these General Terms and Conditions of Use (hereinafter referred to as “GTCU”).
Use of the Site and access to it are subject to these Terms and Conditions. By using the Site, you acknowledge that you have read, understood and accepted them without reservation:
- The present GTCU
- The Privacy Policy,
- and the General Terms of Services (hereinafter “GTS”).
Terms are defined either in the GCU, the TOS or the Privacy Policy.
The Site is developed under the brand name “APP4FREIGHT”. The “APP4FREIGHT” site is limited to simply putting people in contact with each other on its site.
The Company does not intervene,
neither in the formation, nor in the execution and/or the termination of the contract of transport
and/or the contract of commission of transport consecutive to the setting in relation on the Site for the realization of a Mission of Transport and its
responsibility
could not in no way be committed in this respect.
The Company is a third party to any agreement that may be concluded between Users. The purpose of the Site is to put Users in contact with each other. The Company therefore guarantees neither the execution, nor the quality of the result of the execution of the Transport Mission between Users.
1. Acceptance of the General Conditions of Use of the Site (hereinafter “GCU”)
Any person, whether professional or non-professional, accessing the Sites (the “Visitor”) is presumed to know and accept,
without reservation, all of the GCU by the mere fact of connecting to the Site, regardless of the digital terminals used.
The purpose of the GCU is to set out the contractual provisions relating to the respective rights and obligations in connection with the use of the
Site.
The GCU apply concomitantly to the following documents, which the Visitor accepts without reservation:
- (i) to the Privacy Policy ;
- (ii) in the event of the Visitor registering for the Services offered by the Company (the “Service(s)”) or creating a User Account, the GTS applicable to Users;
- (iiii) and to any variation or extension of the Site on existing or future social networks.
The Visitor is expressly informed that the version in force is that which is online on the Site on the date of access and undertakes to refer to it systematically each time he connects and to check for any updates.
The Company may modify and update the aforementioned documents at any time: we advise you to keep yourself regularly informed of the GCU and of the policies in force at the time you use the Site, as they are binding on you.
Visitors are invited not to connect to the Site or use the Services if they do not accept the content of the documents referred to above.
2. Site content - Intellectual property rights
The Site is protected by intellectual property law, in particular by copyright and trademark law, at the national, European and international levels.
The Company is the owner of all intellectual property rights relating to the Site, taken as a whole, as well as to all the elements of which it is composed, independently of each other, both in terms of their form and in terms of each of the elements of their content (trademarks, texts, images, videos, illustrations, logos, files, etc.).
The content of the Site is the property of the Company and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
3. Hyperlinks
The creation of hypertext links to any of the pages or elements of the Site may only be made with the prior written authorization of the Company.
The Company declines all responsibility for the access and content of third-party sites with a hypertext link to the Site, as these sites are not under
the control of the Company.
The Site may also contain links to third-party sites that are not edited or controlled by the Company. Such links are provided
solely as a convenience and, accordingly, cannot and should not be construed as an express or implied endorsement of such third-party sites, their content
or any products or services offered thereon.
These third-party sites are subject to the terms and conditions of use provided by the same third-party sites in the event of
consultation, which the Company invites you to consult.
4. Visitor's obligations
The Visitor acknowledges having reached the age of legal majority and/or having the capacity to accept these GTUs within the meaning of the law and having the competence and means necessary to access the Site.
In addition, the Visitor declares that he has checked that the computer configuration used is virus-free and in perfect working order.
The Visitor further undertakes not to use or permit the use of the Site in an abusive manner, for illicit, fraudulent or malicious purposes, including, but not limited to: not to interfere with or impair the integrity or performance of the Site and the data contained therein; not to introduce malicious code onto the Site; not to send documents containing viruses or other computer codes, files, scripts or programs harmful to the Company, the Services or other Visitors; not to attempt to gain unauthorized access to the Site, the Company's servers or associated networks, or to the accounts or personal information of other Visitors.
To use the Services, the Visitor registers by creating a “User Account” and providing the following information (or any other information the Company may request):
- Customer type: Mandatory
- Company name: Mandatory
- VAT code: Mandatory
- First name: Mandatory
- Name: Mandatory
- Professional email address: Mandatory
- Country: Mandatory
- City : Mandatory
- Postal code: Mandatory
- Address : Mandatory
- Username: Mandatory
- Password : Mandatory
There are accounts for Personal Users and for Subscriber Users [Companies].
5. Obligations of the User
The creation of a User Account will be definitive at the end of the registration process, which may include, if necessary, any verification step that
the Company deems
useful, in particular concerning the User's e-mail address. Once created, this User Account will give access to a personal space which will enable the use of
Services to be managed in a form and according to the technical means proposed by the Company within the framework of the GCS;
registration on the Site implies acquiescence to the GCS, the Visitor then becoming a User but continuing at the same time to remain subject to the obligations
of Visitors.
The User account will contain all the information that the User wishes to make accessible to other Users of the Site.
This information, once published on the Site, will be accessible to all Users.
If a Shipper, Carrier or Forwarder (hereinafter referred to as the “Subscriber”) subscribes to a User Account, it may create one or more Personal User Accounts for its employees.
The Company reserves the right to refuse the creation or modification of a Personal User Account by an employee of a Subscriber, if it considers that the employee is not directly and legally attached to the Subscriber.
The Company reserves the right to refuse, suspend or terminate access to its Services at its own discretion, in particular in the event of suspected fraud, unfair competition or misuse of the Services, and more generally in the event of non-compliance with the obligations under the GCU, the TOS or the Privacy Policy.
To validate a subscriber, to validate a User Account or to Use the Site, the Company reserves the right to :
– Implement any verification process it deems useful;
– Ask the User for any documents and information it deems useful in order to complete the registration request, the obtaining of these elements conditioning the definitive creation of the User Account;
– Refuse any request for the creation of a User Account at its own discretion and without having to justify any reason whatsoever.
The User undertakes to:
– Act in accordance with applicable laws and regulations.
– Provide complete and accurate information and keep it up to date.
– Update this information through its User Account in the event of a change, so that it always corresponds to the aforementioned criteria.
– To use the Services personally and not to allow any third party to use them in his place or on his behalf, at the risk of bearing full responsibility
– To maintain the confidentiality of his/her login and password. Any operation carried out using the login and password of will be deemed to have been carried out by the User, who will remain solely responsible for it.
– To create only one User Account, the Company reserving the right to delete any additional account created by the same User.
– Comply with tax and social security obligations relating to its activity on the Site.
– Refrain from using the Site as a means of circumventing the legal prohibition set out in Article L.8221-1 of the French Labour Code, which stipulates, principally, that totally and partially concealed work is prohibited.
– Comply with all tax and social security obligations. In this respect, the User is responsible for all declarations to the relevant authorities, and in particular to URSSAF, where applicable. It is specified that use of the Site or Services in no way confers on Users the status of employee, representative, agent or representative of the Company.
The User guarantees that :
– All documents and information provided to the Company are accurate, up-to-date and truthful, and are not misleading.
– The information entered to create or update a User Account is proof of identity. The information entered by is binding on the User as soon as it has been validated.
The User must :
– Immediately contact the Company at the address mentioned in the legal notice of the GCU if he notices that his User Account has been used without his knowledge.
The User acknowledges the Company's right to take all appropriate measures in such a case.
The User is hereby informed that :
– The creation of a User Account is the sole responsibility of the User. It is therefore the User's responsibility to ensure that the information
he/she publishes, in particular the pseudonym he/she uses in his/her dealings with other Users and the content of Service Orders or Service Offers,
where applicable, complies with the GCU and GTS, applicable regulations and that it does not infringe the rights of third parties.
The company cannot be held liable in this respect.
– You can access your User Account at any time by logging in using your login and password.
– If the User loses his/her password, he/she will be asked to enter his/her e-mail address in order to receive a link to generate a new password.
– If the Company is informed that the information published by a User does not comply with the GCU and GTS, it may suspend the User's Account.
– The User whose User Account has been deleted is prohibited from creating a new User Account. The Company reserves the right to delete any user account created in violation of this prohibition.
In compliance with the legal and regulatory provisions in force and in accordance with the law of July 29, 1981 relating to freedom of the press, the Visitor and/or the User undertake not to disseminate any message, opinion or information:
– False denigration of the Company or other Users;
– Of an abusive, defamatory, sexist, pornographic, paedophilic or revisionist nature, or damaging to the honour or reputation of others;
– Inciting discrimination, hatred of a person or group of persons because of their origin or their membership or non-membership of a particular ethnic group, nation, race, sexual orientation or religion;
– Threatening a person or group of persons;
– Inciting hatred, violence, committing an offence, a crime or an act of terrorism or glorifying war crimes or crimes against humanity or suicide;
– Allowing third parties to interrupt, alter, destroy or limit the functionality of any computer or network, through acts of piracy and intrusion into computer and telecommunications systems, viruses and other logic bombs and in general any software tool or other allowing infringement of the rights of others and the security of persons and property;
– Commercial (canvassing, soliciting, prostitution, etc.) ;
– Aimed at advertising or constituting the broadcasting of advertisements ;
– Infringes on the intellectual property rights of third parties, particularly with regard to copyright or trademark law;
– Infringement of image rights or privacy ;
– Infringing on the interests and rights of third parties;
– In violation of business secrecy or secrecy of correspondence ;
– And in general, any content contrary to the law, public order and morality.
Visitors and/or Users are solely responsible for the content they make available on the Site.
The Company reserves the right to delete any content posted by a Visitor and/or User that is manifestly illicit in accordance with the legal provisions in force and provided for in particular in the Law for Confidence in the Digital Economy of June 21, 2004.
The liability of the Company may in no case be sought in the event of the exercise of this option. Notification of manifestly illicit content is made by e-mail to contact@APP4FREIGHT.net or by mail RAR to the head office address.
All notifications must comply with the provisions of the law of June 21, 2024, article 6 I 5°.
The User expressly authorizes the Company to use, distribute, host, store, reproduce, modify, adapt, translate and display its
content on the Site and/or any other media (including physical and digital media), by any means, for the purposes of operating and improving the
Services offered by the Company and the Site.
This authorization is valid throughout the world and is granted for a period of ten (10) years from
the time the content is made available
by the User.
The Visitor and/or User indemnify the Company against any disorder, action, complaint, opposition, claim and eviction whatsoever arising from a Visitor, User or third party who considers that content from another Visitor and/or User infringes his or her rights, as well as against any damage or liabilitý incurred in the exercise of the rights attached thereto, and undertakes to pay all damages and interest or legal costs (including attorney's fees, costs and expenses not included in the costs) that the Company may have to bear on account of the content made available by a User.
6. Site maintenance and operation
The Company undertakes to use its best efforts to maintain a reasonable level of operation and availability of the Site at all times.
However, the Site and its content are provided “as is” and subject to availability. The Company does not guarantee that the Site or its content will be free of errors or accessible on an uninterrupted basis.
In particular, the Company may be obliged to suspend the Site temporarily or permanently without notice, in particular for technical and/or maintenance reasons, whatever the origin or cause, without this entailing any liability on the part of the Company.
The Site is accessible from any location, 7 days a week, 24 hours a day, except in the event of force majeure, scheduled or unscheduled interruption or maintenance. In the event of modification, interruption or suspension of the Services, the Company shall not be held liable for any inconvenience and/or damage and/or prejudice linked, directly or indirectly, to these modifications, interruptions and/or suspensions of the Site and/or Services.
It should be noted that the Internet and the computer and telecommunications systems used to access and use the Site are not error-free, and interruptions and breakdowns may occur from time to time.
The Company may not be held liable for any inconvenience and/or damage arising from use of the Internet. It is the responsibility of Visitors and/or Users to take all appropriate measures to ensure the security of their equipment, data, software or other, in particular against contamination by any virus and/or attempted intrusion of which they could be victims.
The Company also declines all responsibility in the event of abnormal use or illicit exploitation of the Site.
7. Limitation of liability
The Company is free to modify the content or structure of the Site at any time and without notice.
Despite the Company's best efforts, it does not guarantee the uninterrupted operation of the Site or its total computer security, and declines all liability in the event of interruption or inaccessibility of the Site, the occurrence of viruses, or any damage resulting from fraudulent acts by third parties leading to a modification of the information made available on the Site or making access to it impossible.
Subject to the provisions specific to online sales, consumer law and the protection of personal data, the Company may not under any circumstances be held liable to the Visitor, User or any third party for any direct or indirect damage whatsoever, whatever the cause, origin, nature or consequence, arising from the consultation or use of the Site.
The information provided by the Company is for information purposes only. Accordingly, the Company in no way guarantees the currency, accuracy, completeness,
of the information disseminated on the Site.
The Visitor and/or the User acknowledge that they use the information and tools available on the Site under their exclusive responsibility and declare that
they accept
without reservation the present limitations of liability of the Company.
The Company declines all responsibility:
– in the event of temporary inaccessibility of the Site or Services for technical maintenance or updating of published information. Visitors and/or Users acknowledge that the Company may not be held liable in the event of malfunctions or interruptions of said transmission networks;
– in the event of virus attacks or unlawful intrusion into an automated data processing system;
– in the event of abnormal use or illicit exploitation of the Site or Services by a Visitor, User or third party;
– as to the content of third-party websites to which hypertext links on the Site refer;
– in the event of non-compliance with these GCU and GTS attributable to Visitors and Users;
– in the event of delay or non-performance of its obligations, when the cause of the delay or no performance is due to force majeure;
– in the event of an external cause not attributable to the Company;
– in the event of use of the services for purposes other than those provided for in these GCU and GTS.
The User may not hold the Company liable if he has previously notified the Company of the alleged breach by registered letter with acknowledgement of receipt and the Company has not replied within twenty (20) days of receipt of this formal notice.
In any event, the Company may only be held liable in the event of proven fault.
The Visitor and/or User is solely liable for any direct or indirect, material or immaterial damage caused to the Company and to other Users
or to any third party as a result of his or her abnormal use or illicit exploitation of the Site or Services.
The Company declines all liability in this respect, and in particular when the cause of the loss constitutes a breach of these GCU.
The Visitor and/or User indemnifies the Company against all claims, actions, complaints, oppositions, claims and evictions of any kind from a Visitor, a User or a third party who considers that the content of a Visitor or User infringes his or her rights, as well as against any damage or liability incurred in the exercise of the rights attached thereto, and undertakes to pay all damages and interest or legal costs that the Company may have to bear as a result of the content made available by the Visitor or User.
8. Advertising
In accordance with article 20 of the law of June 21, 2004, all advertising, in any form whatsoever, accessible via an online public communication service, must be clearly identifiable as such.
It must clearly identify the natural or legal person on whose behalf it is carried out.
The Company reserves the right to insert or authorize any third party to insert advertising, promotional and/or sponsorship messages in any area of the
Services.
The Visitor and/or User is hereby informed that the Company is financed by revenues from advertising on the Site.
Advertising comes in many forms, including :
– banners or advertising vignettes or advertising inserts inserted on the various pages of the Site and bearing the word “Advertisement” above them;
– formats (transparent flash) where the word “Advertisement” is marked on the sticker showing the visual;
– certain content on the Site is sponsored by an advertiser, in which case the words “sponsored by [.]” are visible on the content.
This means that the advertiser has the exclusive right to advertise on this content for the duration of the advertising campaign.
The Company also uses cookies for advertising purposes. These cookies are placed by the Company or by third parties and are used to display relevant advertising to Visitors and Users.
Visitors and/or Users are invited to consult the Privacy Policy for further information on the use of cookies for advertising purposes.
9. Protection of personal data
The processing of personal data carried out within the framework of the Site is intended to analyze visits and is based on the Company's legitimate interest in carrying out the said activity.
The processing of information communicated via the Site complies with legal requirements concerning the protection of personal data, the information system used ensures optimum protection of such data.
In accordance with the French Data Protection Act of January 6, 1978, as amended by Act no. 2018-493 of June 20, 2018, and the General Data Protection Regulation (EU) 2016/679, the Visitor and/or User has a permanent right of access, modification, rectification, opposition, portability and limitation processing of information concerning them.
This right may be exercised under the terms and conditions defined on the Site in the “Privacy Policy”.
The Company informs you that you also have the right to lodge a complaint with the supervisory authority for the protection of personal data Commission Nationale de l'Informatique et des Libertés (CNIL).
For more information, the Company invites you to consult its “Privacy Policy”.
10. Force Majeure
The Company may not be held liable if the non-performance or delay in performance of any of its obligations described in these GCU and GTS results from a case of force majeure as defined in the French Civil Code and by the case law of French courts and tribunals.
Force majeure in contractual matters occurs when an event beyond the debtor's control, which could not reasonably have been foreseen at the time the contract was concluded, and whose effects cannot be avoided by appropriate measures, prevents the debtor from fulfilling his obligation. contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from fulfilling its obligation.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract.
If the impediment is definitive, the contract is terminated ipso jure and the parties are released from their obligations under the conditions set out in articles 1351 and 1351-1 of the French Civil Code.
In this respect, the Company may not be held liable in particular in the event of hacker attacks, the unavailability of materials, supplies, spare parts, personal or other equipment, interruption, suspension, reduction or disruption of electricity or other or other, or any interruptions to electronic communications networks, as well as the occurrence of any circumstance or event outside to the Company's will occurring after the conclusion of the GCU and GTS and preventing their execution under normal conditions.
It is specified that, in such a situation, the Visitor and/or User may not claim the payment of any indemnity and may not bring any action against the Company.
In the event of one of the aforementioned events, the Company will endeavor to inform its Users as soon as possible.
11. Partial nullity
If one or more of the stipulations herein are held to be invalid or declared as such in application of a law, regulation or final decision of a competent court, the other stipulations shall remain in full force and effect. a final decision of a competent court, the other stipulations shall retain their full force and scope.
12. Applicable law and jurisdiction
These GTUs and the transactions arising therefrom are governed by French law.
They are written in French.
Should they be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
The Visitor, the User and the Company undertake to use their best efforts to resolve amicably any dispute relating to the existence, performance, interpretation, validity or cancellation, termination or invalidity of the GTUs, as well as any dispute, controversy or claim arising from and/or related to the use of the Site.
In the absence of an amicable solution, the dispute will be submitted to the exclusive jurisdiction of the courts of Aix-en-Provence, even in the event of an incidental claim or a warranty claim or multiple defendants and for urgent or summary proceedings.
Appendix 1: Definitions
- CGS: General Conditions of Services.
- CGU: General Terms of Use.
- Freight forwarder: User providing a freight transport service under a freight forwarding contract.
- Shipper: User seeking and requesting a goods transport service.
- User Account: A registered User's account.
- Personal User Account: This is an account for an employee of a Subscriber.
This is a sub-category of User Accounts.
- Legal Notices: Are defined in Chapter I 2.
- Platform: As defined by Site.
- Privacy Policy: Corresponds to Chapter II and designates the document that governs the use that the Company makes of Personal Data provided by Users and Visitors.
- Service or APP4FREIGHT Service: Corresponds to all the services offered by the Company through the Site.
- Site : https://www.APP4FREIGHT.net, https://doc.APP4FREIGHT.net, https://beta.APP4FREIGHT.net et https://app.APP4FREIGHT.net/ .
- Company : Ocean’s SAS, RCS 850 771 924.
- Subscriber: Refers to a Commissionaire, Carrier or Shipper, and is a sub-category of User.
- Carrier: User providing a goods transport service under a contract of carriage.
- User: Visitor registered on the Site in accordance with Article 4 of the GCU, who may be a Personal User, a Shipper, a Forwarder or a Carrier.
- Personal Users: These are employees of Subscribers, and are a sub-category of Users.
- Visitor: Any person, whether professional or non-professional, having access to the Sites.
