Welcome to www.ef77.com or www.findaforwarder.com (together with its Content, the “Site”). Please read the following Terms of Use (“Terms”) carefully before using this Site so that you (“You” or “Your”) are aware of Your legal rights and obligations with respect to ETL Ltd., its affiliates and subsidiaries (individually and collectively, “EF77”,findaforwarder or “We”).
We reserve the right, at our discretion, to modify these Terms. We will inform You regarding such modifications by either notifying You via Your email address or by posting such latest changes on the Site. Your continued use of this Site following the posting of changes to these Terms will mean You accept those changes.
1. Your Acceptance
By using or visiting this Site, including without limitation contributing to or viewing the Site’s Content (as defined below), You signify Your assent to (1) these Terms; and (2) EF77’s or findaforwarder privacy policy at [www.findaforwarder.com/privacy] (“Privacy Policy”). These Terms apply to all users of the Site. If You do not agree to these Terms or the Privacy Policy then please do not access or otherwise use the Site or any information contained herein.
2. Ability to Accept Terms
You affirm that You are over the age of 18, as the Site is not intended for children under 18. If it comes to EF77’s or findaforwarder attention through reliable means that a registered user is a child under 18 years of age, EF77 or findaforwarder will cancel that user's account.
3. Definition Of Service
EF77 or findaforwarder provides a venue where a user that is seeking overseas moving companies or international shipping services (“Carriers”) can post an anonymous request (“Request”) via the Site and receive from Carriers several shipping quotes (“Quotes”). The user shall solely make his decision with which Carrier to negotiate.
4. Website Access
A. EF77 or findaforwarder hereby grants You permission to use the Site, provided that: (i); You will not copy, distribute or modify any part of the Site without EF77’s or findaforwarder prior written authorization; (ii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., (iii) You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) You will not disrupt servers or networks connected to the Site; and (v) You comply with these Terms.
B. In order to access some of the services of the Site, You will have to create an account. You may never use another's account without permission. When creating Your account, You must provide accurate and complete information. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify EF77 or findaforwarder immediately of any breach of security or unauthorized use of Your account. You will be liable for any use made of Your account or password and the losses of EF77 or findaforwarder or others due to such unauthorized use. EF77 or findaforwarder will not be liable for Your losses caused by any unauthorized use of Your account.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Site in a manner that sends more request messages to the EF77 or findaforwarder servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. EF77 or findaforwarder grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. EF77 or findaforwarder reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes.
D. EF77 or findaforwarder has the right to terminate Your access to the Site, in its sole discretion, immediately and with or without cause.
5. Intellectual Property Rights
The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services, User Submissions and any other content on the Site ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to EF77 OR FINDAFORWARDER. Content on the Site is provided to You “AS IS” for Your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without EF77 OR FINDAFORWARDER’s prior written consent. EF77 OR FINDAFORWARDER reserves all rights not expressly granted in and to the Site. If You download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site.
“ETL”, “EF77 OR FINDAFORWARDER” the EF77 logo, and other marks are Marks of EF77 OR FINDAFORWARDER or its affiliates. All other trademarks, service marks, and logos used on our Site are the trademarks, service marks, or logos of their respective owners.
This section shall survive any termination of these Terms.
6. User Submission
A. The Site permits the submission of Requests and Quotes by users in order to use the service (the “Request” and “Quotes” shall be referred herein as “User Submissions”). You understand that whether or not such User Submissions are published, EF77 OR FINDAFORWARDER does not guarantee any confidentiality with respect to any User Submissions. EF77 OR FINDAFORWARDER or find a forwarder has complete discretion whether to publish Your User Submissions. You shall be solely responsible for Your User Submissions and the consequences of posting or publishing them.
B. You agree that You will not display, post, submit, publish or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (vii) involves theft, money laundering or terrorism; or (viii) is otherwise malicious or fraudulent.
C. You understand that when using the Site, You will be exposed to User Submissions from a variety of sources, and that EF77 or findaforwarder is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You may have against EF77 or findaforwarder with respect thereto, and agree to indemnify and hold EF77 OR FINDAFORWARDER, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Site.
7. Disclosure
We reserve the right to access, read, preserve, and disclose any User Submissions (whether published or not) or any other information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (b) enforce these Terms, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of EF77 OR FINDAFORWARDER, its users or the public.
8. Links
The Site may contain links to third party websites that are not owned or controlled by EF77 or findaforwarder. EF77 or findaforwarder is not affiliated with those websites, has no control over those websites, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, EF77 or findaforwarder will not and cannot censor or edit the content of any third-party site. By using the Site, You expressly release EF77or findaforwarder from any and all liability arising from Your use of any third-party website. Accordingly, We encourage You to be aware when You have left the Site and to read the terms and conditions and privacy policy of each other website that You visit.
EF77 or findaforwarder permits You to link to materials on the Site for personal, non-commercial purposes only.
9. Information Description.
EF77 or findaforwarder attempts to be as accurate as possible. However, EF77 or findaforwarder cannot and does not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. EF77 or findaforwarder reserves the right to make changes in or to the Content, or any part thereof, according to its sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
10. Monitoring.
EF77 or findaforwarder reserves the right to, and may from time to time, monitor any and all data transmitted or received through the Site. EF77 or findaforwarder, at its sole discretion and without further notice to You, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Content which EF77 or findaforwarder deems inappropriate or that violates any term or condition of these Terms. During monitoring, data may be examined, recorded, copied, and used by EF77 or findaforwarder pursuant and subject to Section 9 above. Use of the Site by You, authorized or unauthorized, constitutes consent to such foregoing monitoring.
Find a Forwarder has the right to terminate your subsciption as a user if it so decides because of reasons that may damage or affect the interests of business, returning the money paid for the subscription for the remaining time period not used.
11. Limitation of Liability and Warranty
THE FOLLOWING SECTION REGARDING LIMITATION OF LIABILITY AND WARRANTY APPLIES WHETHER OR NOT THE SERVICES PROVIDED UNDER THE SITE ARE FOR PAYMENT.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND EF77 OR FINDAFORWARDER, THE SITE (INCLUDING THE CONTENT, SHIPPING SERVICES, THE USE OF THE CALCULATOR FOR CURRENCY CONVERSION AND ANY OTHER SERVICES PROVIDED THEREBY), IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SITE WILL FUNCTION AS CLAIMED, EF77 OR FINDAFORWARDER DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. THE SITE WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. IN ADDITION, YOU AGREE THAT EF77 OR FINDAFORWARDER WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.
THE USER SHALL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS EF77 OR FINDAFORWARDER, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT TO ANY SERVICE HE OR SHE DECIDES TO RECEIVE VIA A CARRIER. EF77 OR FINDAFORWARDER WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED THROUGH SITE. THE SALE OR PURCHASE OF SERVICES IS EFFECTED AT THE USER’S SOLE RISK.
EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, EF77 OR FINDAFORWARDER DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.
EF77 OR FINDAFORWARDER DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT APPEARS IN ITS USERS' SUBMISSION OR THAT IS FEATURED OR ADVERTISED ON THE SITE.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION AND/OR AGREEMENT WITH OTHER EF77 OR FINDAFORWARDER USERS INCLUDING WITHOUT LIMITATION WITH RESPECT TO SHIPPING SERVICES OR OTHER GOODS OR SERVICES REQUESTED FROM ANY CARRIERS OR OTHER THIRD PARTIES THROUGH THIS SITE. USER WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH A CARRIER. IF YOU HAVE A DISPUTE WITH ANY OTHER USER OF THE SITE, YOU AGREE THAT EF77 OR FINDAFORWARDER IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. EF77 OR FINDAFORWARDER RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE BETWEEN TWO OR MORE USERS, ARISING OUT OF THEIR USE OF THE SITE.
UNDER NO CIRCUMSTANCES SHALL EF77 OR FINDAFORWARDER, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND ITS SERVICES EVEN IF EF77 OR FINDAFORWARDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT THE EF77 OR FINDAFORWARDER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED AN AGGREGATE OF THE AMOUNT PAID BY YOU, IF ANY, IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, FOR ACCESSING AND USING THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Indemnity
You agree to defend, indemnify and hold harmless EF77 OR FINDAFORWARDER, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) Your use of the Site; (ii) Your violation of these Terms; (iii) Your violation of the terms which apply to Your Request; (iv) Your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of Your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Your use of the Site.
13. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by EF77 OR FINDAFORWARDER without restriction.
14. General
EF77 OR FINDAFORWARDER reserves the right to discontinue or modify any aspect of the Site at any time. These Terms, the Privacy Policy and the relationship between You and EF77 OR FINDAFORWARDER are governed by and construed in accordance with the laws of England and Wales, without regard to its principles of conflict of laws. You and EF77 OR FINDAFORWARDER agree to submit to the personal and exclusive jurisdiction of the courts located in London, England and waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms, together with the Privacy Policy and any other legal notices published by EF77 OR FINDAFORWARDER on the Site, shall constitute the entire agreement between You and EF77 OR FINDAFORWARDER concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AND EF77 OR FINDAFORWARDER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15. Cost of the Service
Find a Forwarder is a private service which is accessed by paying a periodic subscription.
Regardless of the above, Find a Forwarder has the authority to provide the use of the site for free for as long as necessary.
Faced with changes in the conditions of use, Find a Forwarder will communicate it advance to users of the site. They could accept or reject such changes without any charge as long as they have no pending payments for. In that case will have to pay the balance amount first.
EF77OR FINDAFORWARDER’s Privacy Policy
Thank you for visiting http://www.ef77.com or http://www.findaforwarder.com (together with all content on the site and other websites operated by ETL Ltd. or its affiliates (“EFF77 OR FINDAFORWARDER”) (the “Site”)). Your privacy is important to us. To better protect your privacy, we provide this privacy policy (“Privacy Policy”) explaining our online information practices and the choices you can make about the way your information is collected and used at this Site. This Privacy Policy forms part of the Terms of Use, available at www.findaforwarder.com/terms.htm.
Introduction
We are committed to respecting your online privacy and recognize your need for appropriate protection and management of any personally identifiable information ("Personal Information") you share with us.
“Personal Information” means any information that may be used to identify an individual, including, but not limited to, a first and last name, pen name, personal profile, a home or other physical address and an email address or other contact information.
Currently, we do not require you to provide Personal Information in order to have access to information available on our Site. However, in order to provide you with the services given under the Site, including but not limited to using the international shipping services, you must create an account (“Account”) and provide us with your email address and a password that you will use for your Account. We shall then send you an email to your email address to instruct you how to confirm your registration.
The Way We Use Personal Information
If you submit Personal Information to us through the Site, then we will use your Personal Information to improve our services to you, to contact you and to identify and authenticate your access to the Site’s services that you are authorized to access.
We may transfer your Personal Information within EFF77 OR FINDAFORWARDER or to EFF77 OR FINDAFORWARDER's third-party service providers, but only to provide services on the Site or to you, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world.
We may provide Personal Information and non-personally-identifiable information to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information on our behalf. We require that these parties agree to process such information in compliance with our Privacy Policy, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.
If you are a carrier, please note that any content that you provide as part of your quote is not considered Personal Information subject to this Privacy Policy.
We may also use your email address to send updates, a newsletter or news regarding our services. You may choose not to receive email of this type by sending a single email with the subject "BLOCK" to privacy@findaforwarder.com. Please note that the email must come from the mail you wish to block.
Cookies and Other Tracking Technologies
Some of our Site pages utilize "cookies" and other tracking technologies. A "cookie" is a small text file that may be used, for example, to collect information about Site activity. Some cookies and other technologies may serve to recall Personal Information previously indicated by a Site user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them.
You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, but please note that if you choose to erase or block your cookies, you will need to re-enter certain identifying information, should we in the future require such information, to gain access to certain parts of the Site.
Tracking technologies may record information such as Internet domain and host names; Internet protocol (IP) addresses; browser software and operating system types; clickstream patterns; and dates and times that our Site is accessed. Our use of cookies and other tracking technologies allows us to improve our Site and your web experience.
Notice
Except as set forth in this Privacy Policy, we do not currently provide your Personal Information to third parties, except for third parties who may perform services on the Site or to you. Nevertheless, we may at a later time choose to make certain offers or services available to our users from third parties. If we do, during the registration process and at certain points thereafter in connection with specific offers, we may ask you whether your Personal Information may be sent to third parties who have products, services and opportunities which may be useful to you. If you give your permission to allow third parties to contact you, your Personal Information (such as your contact information and other information collected during your visit to our Site) may be shared with data aggregators, marketers (possibly in the form of list rental), and other organizations. EFF77 OR FINDAFORWARDER does not intend to transfer Personal Information without your consent to third parties who are not bound to act on EFF77 OR FINDAFORWARDER’s behalf unless such transfer is legally required. Regardless of your decision regarding the sharing of your Personal Information, we may share broad aggregate demographic data and related usage information with our business partners. This aggregate information does not contain any Personal Information that can identify an individual user.
Choice
You may choose whether or not to provide Personal Information to EFF77 OR FINDAFORWARDER. The notices we will provide where EFF77 OR FINDAFORWARDER collects Personal Information on the Site should help you to make this choice. If you choose not to provide the Personal Information we request, you can still visit most of the Site, but you may be unable to access certain options, offers, and services that involve our interaction with you.
Access/Accuracy
To the extent that you do provide us with Personal Information, EFF77 OR FINDAFORWARDER wishes to maintain accurate Personal Information. You may check your profile and add information, delete information or correct any incorrect information.
Collection of Information by Third-Party Sites
Our Site may use a reputable third party to present or serve advertisements that you may see at our Site. These third party ad servers may use cookies, web beacons, clear gifs or similar technologies to help present such advertisements, and to help measure and research the advertisements' effectiveness. The use of these technologies by these third party ad servers is subject to their own privacy policies and is not covered by our Privacy Policy.
Links to Other Sites
Our Site may contain links to other sites. Other sites may also reference or link to our Site. We are not responsible for the privacy practices or the content of such other sites.
Children's Privacy
The Site is not structured to attract children under the age of 18. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 18 years of age.
In the Event of Merger, Sale, or Bankruptcy
In the event that EFF77 OR FINDAFORWARDER is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your Personal Information is treated, transferred, or used.
Commitment
We are committed to protecting your privacy. Protecting your privacy online is an evolving area, and EFF77 OR FINDAFORWARDER's Sites are constantly evolving to meet these demands. If you have any comments or questions regarding our Privacy Policy, please contact us at privacy@finadaforwarder.com. While we cannot guarantee privacy perfection, we will address any issue to the best of our abilities as soon as possible.
Your Consent
By using this Site, you consent to the terms of our Privacy Policy and to EFF77 OR FINDAFORWARDER's processing of Personal Information for the purposes given above. If you do not agree to this Privacy Policy, please do not use our Site. We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time. Your continued use of our Site following the posting of changes to these terms means you accept these changes.
Your California Privacy Rights
As stated in our Privacy Policy, we do not share Personal Information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure -- typically by opting in to receive information from a third party. If you do ask us to share your information with a third party for its marketing purposes, we will only share information in connection with that specific promotion. To prevent disclosure of your Personal Information for use in direct marketing by a third party, do not opt in to such use when you provide Personal Information on the Site. Please note that whenever you opt in to receive future communications from a third party, your information will be subject to the third party's privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information.
California customers may request further information about our compliance with this law by e-mailing californiaprivacy@findaforwarder.com . Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address. |
