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GENERAL TERMS AND CONDITIONS
Last Updated: June 2024
These General Terms and Conditions constitute a legal agreement between you, as the user of the website accessible at the URL address www.seafreighthub.com (“Platform”) and Sea Freight Hub S.R.L., a limited liability company registered with the Registry of Commerce under number J13/1128/2024, with the unique registration code 49883494, with its legal office at 18Ecaterina Varga Street, 1st floor, apartment no. 2, Constanta City, Constanta County, postal code 900657, Romania, as a maritime service provider through the Platform. Throughout these General Terms and Conditions, we will refer to you as “you” or “your”, and we will refer to Sea Freight Hub S.R.L. as “we”, “us” or “SeaFreightHub”.
THIS TERMS OF SERVICE AND OTHER AGREEMENTS ON THE SEA FREIGHT HUB PLATFORM GOVERN YOUR USE OF THE SEA FREIGHT HUB PLATFORM, AND ALSO INCLUDE IMPORTANT DISCLOSURES AND REGULATORY INFORMATION THAT ARE ASSOCIATED WITH THE SERVICES AVAILABLE ON THE SEA FREIGHT HUB PLATFORM, ALL OF WHICH ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS, SO PLEASE READ IT CAREFULLY.
WE WANT TO LET YOU KNOW THAT THE AGREEMENT INCLUDES AN ARBITRATION AGREEMENT WHICH WILL REQUIRE DISPUTES BETWEEN US AND YOU TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW GOVERNING THIS AGREEMENT, YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE READ SECTION “Governing Law And Disputes” CAREFULLY.
BY CLICKING ON THE “CONTINUE” BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, OR USING OUR SERVICES, YOU REPRESENT THAT (A) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (B) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH SEA FREIGHT HUB, AND (C) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE REGISTERED USER, AND TO BIND THAT ENTITY TO THE TERMS OF USE. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE REGISTERED USER WHEN YOU SUBMIT YOUR REGISTRATION INFORMATION ON THE SEA FREIGHT HUB PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SEA FREIGHT HUB PLATFORM.
Application
The SeaFreightHub Platform provides services (“Services”) and online tools to Clients (“Clients”) to identify proper Vessels (“Vessels”) and Cargo for transport (“Cargo”). These General Terms and Conditions set out the general terms governing your use of the Platform either as an Clients (as defined below), or users of the Platform who do not register as Clients (the Clients as well as any other users of the Platform, are all collectively referred to as “SeaFreightHub Members” and individually “SeaFreightHub Member”). They apply to you as soon as you first use it, and you are deemed to have agreed to be bound by them upon such first use. When accepted by you, the General Terms and Conditions form a legally binding agreement between you and SeaFreightHub. If you do not wish to continue to be bound by these General Terms and Conditions, please stop using the Platform now.
By participating in an offering Vessels or Cargo through the SeaFreightHub Platform you agree and understand that each offering has its own terms, rules and risks and it is your responsibility to carefully review all terms, rules, risk factors and offering documents and decide on your own if you agree to them.
Even if you have access to opportunities on the SeaFreightHub Platform, you may not be able to participate in such an offering. Our decisions to permit your participation are subject to, among other things, demonstration to our satisfaction that you meet legal requirements for participation, consent of relevant third parties, execution of definitive documentation, and our discretion. If you are offered the opportunity to participate in a transaction, you may be required to sign additional documentation. The decisions of our management are final in all matters relating to the Services and other activities.
SeaFreightHub is not a shipowner or charterers, neither does SeaFreightHub provide any maritime services. The purpose of the Platform is solely to temporarily facilitate the conducting of search (“Search “) by companies seeking Vessels of Cargo on the Platform and to facilitate them to connect.
SeaFreightHub is not a broker-dealer or an adviser registered or required to be registered with any regulatory authority. Any decision made through the SeaFreightHub Platform are not protected or insured by any securities protection body or otherwise. Any decision taken by the Client using the information from SeaFreightHub its on your own risks and on your own responsibility.
The General Terms and Conditions shall only regulate the relationship between a SeaFreightHub Member and SeaFreightHub.
Eligibility for SeaFreightHub membership
Joining. In order to join SeaFreightHub as a member, you must be either (a) 18 years of age or over (which we refer to as an individual member), (b) a legal person or other forms of a legal entity (which we refer to as a corporate member) incorporated. In executing these General Terms and Conditions, you warrant to us that you meet the criteria of an individual member or, respectively, a corporate member and that you are not subject to the laws of any territory which would make your participation in the Platform unlawful.
Furthermore, you warrant that you are a legal representative of a Client (if a legal entity) or you have been authorized by the Client and you are representing them to use the services and that you have the right to enter into the General Terms and Conditions and other Platform Documents on behalf of the Clients.
Account Registration and Communication Preferences
To access and use the Services, you will need to first register for an account (“Account”) to become a registered user (“Registered User”) as per the process described below. The process to become a Registered User includes you providing identification. By creating an Account, you agree to (a) provide accurate, current and complete Account information about the legal/natural person, about yourself, and obtain all necessary consents from third parties prior to providing any personal information about such third parties, or otherwise establish a valid legal basis for the provision of such personal information to us under applicable law, (b) maintain and promptly update from time to time as necessary your Account information, (c) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the SeaFreightHub Platform, or your Account.
You represent that your use of the Services will not involve use in connection with any unlawful or otherwise undesirable activity (as determined by SeaFreightHub in its absolute and sole discretion), including, but not limited to dealing in counterfeit documents, goods, money laundering, drug activity or any other criminal activities. SeaFreightHub will block multiple accounts of the same user. Also, you agree that you will not: (i) create another Account if we’ve disabled one you had unless you have our written permission first, (ii) buy, sell, rent or lease or give access to your Account or username to any other natural/ legal persons unless you have our written permission first, (iii) share your Account password with anyone, or (iv) log in or try to log in to access the SeaFreightHub Platform through unauthorized third party applications or clients.
Once you become a Registered User but before you can participate to list opportunities of maritime services on the SeaFreightHub Platform. SeaFreightHub or its third party vendors (“SeaFreightHub Vendors”) will run identity verification and compliance checks (including without limitation, any checks we deem reasonably necessary to assess legal compliance (including the risk of your involvement in money laundering, terrorist financing, fraud, or any other financial crime) pursuant to applicable laws and Issuer requirements for accreditation based on the information provided by you during the user registration process (“Verification Check(s)”). The results of Verification Checks may be used by SeaFreightHub or other Issuers to determine your eligibility to use our Services and participate as User in an Offering. SeaFreightHub may, but is under no obligation to, re-confirm Verification Checks or independently review the results of any Verification Checks performed by third parties, and SeaFreightHub is not liable for any errors therein. You hereby consent and authorize SeaFreightHub to delegate the authorizations you provide to SeaFreightHub to Issuers, as well as SeaFreightHub.
Vendors, in each case, as SeaFreightHub deems necessary or desirable to provide the Services to you. You agree that the terms and conditions of the Agreement, including any of the other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement, inure to the benefit of such SeaFreightHub Vendors and they are third party beneficiaries of this Agreement.
In general, it is intended that the Interests associated with the Service and in an Account will be held by SeaFreightHub or a third-party custodian.
By creating an Account, you also consent to receive electronic communications from SeaFreightHub (e.g., via email or by posting notices to the SeaFreightHub Platform). These communications may include notices about your Account (e.g., password changes and other transactional information) and are part of your relationship with us. For contractual purposes, you (a) consent to receive communications from SeaFreightHub in an electronic form, and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that SeaFreightHub provides to you electronically satisfy any applicable legal requirement that such communications would satisfy if it were to be in writing. SeaFreightHub reserves the right to provide to you documents in electronic format, collect signatures in electronic format and paper out all electronically signed documents and record your holdings of related securities in hard copy paper format, in the event of a system failure, hack, unrecoverable electronic damage, or other event beyond SeaFreightHub’s reasonable control. You understand and agree that if you do not consent or if you withdraw your consent (as provided in our P rivacy Policy), we will be unable to provide you with the Service and your Account will be terminated.
You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following theunsubscribe instructions provided therein.
You must provide all equipment and software necessary to access the SeaFreightHub Platform and Services. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the SeaFreightHub Platform or Services.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account (other than the Interests associated with such Account), and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of SeaFreightHub.
Ceasing to Be Eligible. You must inform us as soon as reasonably possible if you cease to be eligible to be a member. If you inform us, or if we otherwise discover, that you have ceased to be eligible as a member, your SeaFreightHub membership will be suspended. If you later become eligible to be a member again and inform us of this, your SeaFreightHub membership may be reinstated at our discretion.
One Membership Only. You may only become a member of SeaFreightHub once. You may not attempt to create multiple memberships for yourself by using different email addresses or other identifying information. If you attempt to do so, your membership may be terminated.
Only SeaFreightHub members can use the services provided by the Platform. SeaFreightHub reserves the right to deny its services to any current or prospective SeaFreightHub members due to inter alia following reasons: the user has committed fraud or a criminal offence or, in the estimation of SeaFreightHub, is not able to fully comply with the General Terms and Conditions; the user has acted in a way that endangers SeaFreightHub’s good reputation; the user has provided false information to SeaFreightHub;the user is suspected of money laundering or any other criminal activity or ethically questionable behaviour; the user does not provide to SeaFreightHub all the information needed for Know Your Customer (“KYC”) and/or Anti- Money Laundering (“AML”) checks if SeaFreightHub deems them necessary or they become required by the applicable laws; the user breached these General Terms and Conditions, the License and Services Agreement.
SeaFreightHub reserves the right to make changes to these General Terms and Conditions at any time. Your continued use of the Platform and the related services means that you accept unconditionally all and any amendments made to the General Terms and Conditions at such time. If you do not agree to the General Terms and Conditions or any amendments to them, then the use of the Platform and the related services is forbidden for you.
You acknowledge that SeaFreightHub may need to undertake certain KYC activities and/or AML checks, including collecting certain personal data from you, which will be done inter alia when registering the user account with SeaFreightHub and before any Services pursued. Upon SeaFreightHub’s request, you shall provide SeaFreightHub with all information and documents that SeaFreightHub, in its sole discretion, deems necessary or appropriate to conduct KYC and/or AML checks.
Our Relationship With You
SeaFreightHub Member. Upon execution of these General Terms and Conditions, you will become a SeaFreightHub Member, and you will remain a SeaFreightHub Member until and unless your membership is terminated or suspended. Our obligations to you as a SeaFreightHub member are as set forth in these General Terms and Conditions and other Platform Documents.
No Advice. We do not provide advice or recommendations with respect to any aspect of transactions facilitated through the Platform, other than advice on the technical use of the Platform. This means, among other things, that we cannot give you any Services, legal, taxation or other advice in connection with your membership or any Services you make through the Platform, and nothing on the Platform or in any communications we send to you is intended to constitute advice or a recommendation. If you need or want advice, you should consult an appropriate professional financial, legal, taxation or other advisors.
Location of Activities. In executing these General Terms and Conditions, you agree that all of the activities that we conduct with you take place within Romania, regardless of where you may be physically located at the time you use the Platform or otherwise engage with us. This means that you agree that our activities are subject only to the laws of Romania and not to the laws of any other country in which you may be physically present at any given time, and therefore that any redress you may seek from us must be sought under Romanian law. However, you agree to comply with all relevant laws and regulations that may apply to your use of the Platform in any jurisdiction in which you may be located. You agree that under no circumstances will you make any claim to the effect that our activities are conducted in, or subject to, the laws of any country other than those of Romania.
The Platform
Role. Your interactions and communications with us will take place almost entirely through the Platform. There are certain exceptions where we may interact and communicate with you via direct email, telephone or in-person, but in general, you should expect that you will not be able to communicate with us via any means other than the Platform. If you are uncomfortable using the Platform for these interactions, you should not become a SeaFreightHub Member.
Access.
You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the SeaFreightHub Platform and the SeaFreightHub Content thereon (collectively, “SeaFreightHub Properties”) for the sole purpose of using the Services for your personal or internal business purposes. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit SeaFreightHub Properties or any portion of SeaFreightHub Properties, except as authorized by us, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo or trade name, or other SeaFreightHub Properties (including images, text, page layout or form), (c) you shall not use any metatags or other “hidden text” using SeaFreightHub’s name or trademarks, (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of SeaFreightHub Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law, (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the SeaFreightHub Platform (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the SeaFreightHub Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials), (f) you shall not access SeaFreightHub Properties in order to build a similar or competitive website, application or service, (g) except as expressly stated herein, no part of SeaFreightHub Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in SeaFreightHub Properties. Any unauthorized use of SeaFreightHub Properties terminates the licenses or the access to the Platform granted by SeaFreightHub.
Access to the Platform is performed using an authentication token. The authentication token may be a username and password pair, set up by you, or an authentication token provided by an external platform on which you have an account. Your SeaFreightHub membership is personal to you and is not transferable. As long as the correct authentication token is used, we will assume that you are the person conducting activity on the Platform. You may have one or more authentication tokens and we may or may not ask you for additional authentication tokens to allow you to perform specific actions on the Platform. You may not permit any other person or device to access your authentication tokens (including, but not limited to, sharing or accidentally disclosing your authentication tokens). In the event you do, you will be fully responsible for all actions on the Platform by the person or device to whom you permitted to access and by any other person or device to whom that person or device permitted to access, and we will not be liable to you for any losses, damages or costs arising from you permitting access to your authentication tokens. You should note that we may terminate or suspend your access to the Platform if you cease to be eligible to use the Platform or fail to observe any of your obligations provided by the Platform Documents.
You may not use the SeaFreightHub Platform, any content showcased on the SeaFreightHub Platform, or any other information acquired from SeaFreightHub, viewed on the SeaFreightHub Platform, or otherwise exposed to through your use of the Services, for commercial or Services activity outside of the Services, without prior written approval from SeaFreightHub. For sake of clarity, any use of information exposed to on the SeaFreightHub Platform for purposes of direct
Services into any Services opportunity by way of circumvention of SeaFreightHub and the Services, shall be considered a material breach of these Terms, for which you will be held liable in connection with any loss and/or damage incurred by SeaFreightHub.
Security. Your authentication tokens are the methods used by us to identify you and so you must keep them secure at all times. You must notify us immediately if you learn or suspect that the security of your username or password, or of the account or accounts you use to sign in to the Platform, may have been breached. If we receive such a notification from you or determine ourselves that the security of your authentication tokens may have been breached, you will not be able to access the Platform until measures have been taken to verify your identity.
Profile. At some stage, after you log onto the Platform, you will be asked to complete a profile. The information you provide in your profile is the basis on which we identify you for purposes of communicating with you, fulfil any reporting obligations that we may have to any regulatory or governmental authorities, and conduct any AML or other checks we run on you. To the extent that you choose to make your profile “public” for certain purposes, it will also be the basis on which other SeaFreightHub Members identify you. You must complete the profile truthfully, and you must keep the information in your profile up to date.
Content. You are solely responsible for any content you post on the Platform, including your profile, information about a business for which you are seeking capital, information posted in connection with the Services and any other information you post. You may not post, transmit or share information on the Platform that you do not own or have permission to display, publish or post. You agree to indemnify and hold harmless each other SeaFreightHub member and us from and against any loss, damages or costs arising from or in connection with any content you post on the Platform.
Interactions with Other SeaFreightHub members. You are solely responsible for your interactions with other SeaFreightHub members. We reserve the right to remove any communications that you post that we consider to be abusive, trolling, spam, or otherwise inappropriate.
Intellectual Property
SeaFreightHub is the owner over the Platform.
The Platform may include at any given time text, graphics, logos, icons, images, sound clips, video clips and data compilations, and together with the Platform’s page layout, underlying code and software we refer to all of these as “Content”.
All of the Content is the property of SeaFreightHub, our affiliates or third parties with whom we do business, and this means that it is protected by Law no. 8/1996 on copyright and neighbouring rights, the relevant intellectual property laws and other relevant laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Platform unless otherwise indicated on the Platform or unless given express wrote permission to do so by SeaFreightHub. For the avoidance of doubt, data mining or scraping the Platform without the express written permission of SeaFreightHub is not permitted.
Links to Other Websites
The Platform may contain links to other websites. Unless we expressly say otherwise, you should assume that these other websites are not under the control of SeaFreightHub or our affiliates. We assume no responsibility for the content of such websites, and we disclaim liability for any and all forms of loss or damage arising out of the use of them.
Additionally, even if we include a link to another website on the Platform, that does not mean that we endorse that other website or in any way recommend that you should use it.
Disclaimers
With the exception of the specific promises we make in other Platform Documents to which you are a party, you need to be aware that:
We make no warranty or representation (express or implied) that the Platform will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will be compatible with all systems or that it will be secure.
We make no guarantee of any specific results from the use of the Platform.
No part of this Platform is intended to constitute advice, and the content of this Platform should not be relied upon when making any decisions or taking any action of any kind.
The Platform is provided “as is” and on an “as available” basis, and we give no warranty that it will be free of defects and/or faults.
We accept no liability for any disruption or non-availability of the Platform resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war, or legal restrictions and censorship.
To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential or special damages arising from your use of the Platform or any information contained in it, and you use the Platform and its content at your own risk.
Fees
Fees We Charge In Relation Registered Users. The fees charged by us in relation to Registered Users are set forth on our Pricing & Fees page: https://pages.SeaFreightHub.com/pricing-and-fees/. The change of the fees will be notified in advance.
Confidentiality
During the process of participating in the Offering, you as a Registered User may receive Confidential Information of SeaFreightHub or from a Registered Users. During the term of this Agreement and at all times thereafter, you will (a) hold all Confidential Information in strict trust and confidence, (b) refrain from using or permitting others to use Confidential Information in any manner or for any purpose not expressly permitted or required by this Agreement, (c) refrain from disclosing or permitting others to disclose any Confidential Information to any third party without obtaining SeaFreightHub’s express prior written consent on a case-by-case basis. “Confidential Information” means any and all information related to SeaFreightHub, SeaFreightHub’s business (including trade secrets, technical information, business strategies, marketing plans, customer and supplier lists, Services information, financial data, and proprietary information of third parties provided to SeaFreightHub in confidence) that is labeled or identified as “confidential” or “proprietary”, Members or their Offerings, or that you otherwise know, or would reasonably be expected to know is confidential.
Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless SeaFreightHub, and our respective past, present and future employees, officers, directors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “SeaFreightHub Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the SeaFreightHub Platform, including without limitation, the associated Services and SeaFreightHub Properties, (b) your violation of this Agreement and any other online agreements, investor documents, disclosure obligations, applicable laws and regulations, (c) your violation of the rights of a third party, including but not limited to Issuers, or (d) your negligence or willful misconduct arising out of relating to the Offering, including the Services, provided that you may not settle any Claim against SeaFreightHub unless such settlement completely and forever releases SeaFreightHub from all liability with respect to such Claim or unless SeaFreightHub consents to such settlement, and further provided that SeaFreightHub will have the right, at its option, to defend itself against any such Claim or to participate in the defense thereof by counsel of its own choice.
THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND SEAFREIGHTHUB.
Provisions Applicable To All SeaFreightHub Members
Termination
SeaFreightHub may terminate any or all Platform Documents you are a party to and your access to the Platform by simple notice to your email address with an immediate effect, without any other judicial or extra-judicial formality, if you commit a breach of the Platform Documents or you have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of any of the Platform Documents.
Furthermore, SeaFreightHub may terminate any or all of the Platform Documents and your access to the Platform and cease to provide the Platform services by simple notice to your email address with an immediate effect, without any other judicial or extra-judicial formality, if: required by law or an authority’s decision (for example, where the provision of services to the SeaFreightHub Member is deemed to be, or becomes, unlawful or a licensed activity) or because SeaFreightHub ceases to provide the services for any reasons; or SeaFreightHub is transitioning to no longer providing the services to users in the country in which the SeaFreightHub Member is a resident or from which the Platform member uses the Platform; or the provision of the services to the Platform member by SeaFreightHub is, in SeaFreightHub’s opinion, no longer commercially viable.
Notwithstanding anything contained in this Agreement, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the SeaFreightHub Platform and the associated Services at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event, to the fullest extent permitted by applicable law.
Communications and Information
Any notice from you to us in respect of these General Terms and Conditions, your SeaFreightHub membership or your activities on the Platform shall be given by email to n otices@SeaFreightHub.com, except where these General Terms and Conditions or another Platform Document that you execute sets forth alternate means by which you must give us notice.
SeaFreightHub may provide the SeaFreightHub Member with notices, by email, regular mail or postings on the Platform.
Information on the Platform. In addition to the information set forth in each Fundraising campaign, the Platform may contain information about investing in or operating businesses generally or other matters that we believe may be relevant or of interest to you. We refer to this as “additional information”. None of the additional information, including information about historical returns, can be relied on as a guarantee or indication of any particular result, and the additional information does not constitute any form of advice, recommendation or endorsement by us. We cannot assure you that any additional information is complete, accurate, up-to-date or error-free, and we will not be liable to you for any loss, damages or costs if it is not. To the extent that any additional information constitutes links to other websites or third-party contact details, we take no responsibility for the availability or accuracy of such websites or contact details or the acts of such third parties.
Communications About Platform Activity. From time to time we may send you emails with information about activity on the Platform, including new Fundraising campaigns and the progress of existing ones. Any emails we send you about activity on the Platform do not constitute advice or a recommendation to invest. From time to time we may also send you emails with respect to your membership, Fundraising campaigns or Servicess, our business, these General Terms and Conditions or other matters that we reasonably believe are relevant to you. We will do our best to ensure that these emails are relatively infrequent, but we may send you such emails at our discretion.
Complaints
If you have a complaint with respect to any aspect of the Platform, you should report it to us immediately by sending an email, with the word “complaint” in the subject line, from the email address in which your SeaFreightHub membership is registered to i nvestors@SeaFreightHub.com. We will send an initial response to your email within no more than 10 working days after we receive it, and this response will state either that we consider the complaint to have been resolved or that we are investigating the matter further. If we are investigating the matter further, we will provide you with a final response by no later than eight weeks after we receive your email. We may need to ask you questions in order to understand the details of your complaint, and any questions we ask, as well as any response we give, will be sent by email to the email address in which your SeaFreightHub membership is registered.
Details regarding the handling of customer complaints can be found attached as Annex 1 of these Terms and Conditions.
Conflicts of Interest
We do our best to ensure that our interests do not conflict with yours. Nevertheless, as a Platform provider, we are not your representative or agent, and at times our interests may conflict with yours.
Our policy regarding Conflicts of interests, associated risks, risk mitigation measures can be found attached as Annex 2 of these T erms and Conditions.
Liability
Your Liability to Us. You shall be liable to us for any loss or damage suffered by us as a result of any breach of these General Terms and Conditions or any other agreement that you enter into with us, or of any use of the Platform that is fraudulent or represents willful misconduct.
Our Liability to You. Subject to further limitations and exclusions set forth in other Platform Documents, SeaFreightHub shall indemnify you for any damages caused to you by any wilful breaches by SeaFreightHub of these General Terms and Conditions. SeaFreightHub shall not be liable for any losses incurred by you where SeaFreightHub has performed its duties and functions as such are set forth in these General Terms and Conditions and the Platform Documents. We shall not be liable in connection with any error or inaccuracy in the data entered by you or another SeaFreightHub member or any misrepresentation or willful misconduct or any other act of another SeaFreightHub member. We shall not be liable to you for any indirect, consequential, special or punitive loss, damage, cost or expense, unforeseeable losses or damages, loss of profit, loss of business, lost or wasted management time or time of other employees, loss of reputation, depletion of goodwill or loss, damage or corruption of data. You agree that any legal action against us is permitted only on an individual basis and that you will not initiate or join any purported or actual class or consolidated actions against us.
Limitation of Liability; Release
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SEAFREIGHTHUB BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE SEAFREIGHTHUB PLATFORM OR ANY ASSOCIATED SERVICES, SMART CONTRACTS, SEAFREIGHTHUB PRODUCTS, THIRD PARTY WEBSITES AND SEAFREIGHTHUB CONTENT, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF SEAFREIGHTHUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SEAFREIGHTHUB PLATFORM, PRODUCTS, SERVICES, CONTENT OR THIRD PARTY WEBSITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF SEAFREIGHTHUB ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SEAFREIGHTHUB PLATFORM, CONTENT, SMART CONTRACTS OR ANY ASSOCIATED SERVICES OF THE SEAFREIGHTHUB PLATFORM EXCEED [ ]. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF SEAFREIGHTHUB FOR DEATH OR PERSONAL INJURY CAUSED BY AN EMPLOYEE OR SEAFREIGHTHUB’S
NEGLIGENCE OR INTENTIONAL MISCONDUCT.Some jurisdictions limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
Survival
When any or all Platform Documents are terminated, irrespective of the reason thereof, all of the legal rights, obligations and liabilities that have accrued over time whilst the Platform Documents have been in force or which are expressed to continue indefinitely, shall be unaffected by this cessation, unless otherwise provided in the Platform Documents.
Force Majeure
A party shall not be in breach of these General Terms and Conditions if there is, and shall not be liable or have the responsibility of any kind for any loss or damage incurred as a result of, any total or partial failure, interruption or delay in performance of such party’s duties and obligations occasioned by any act of God, fire, the act of government, state, governmental or supranational body or regulatory authority or war, civil commotion, terrorism, failure of any computer dealing system, interruptions of power supplies, labour disputes of whatever nature or any other reason (whether or not similar in kind to any of the above) beyond such party’s control.
Assignment
The SeaFreightHub member may not assign its rights and/or obligations under these General Terms and Conditions without SeaFreightHub’s prior written consent.
SeaFreightHub may assign its rights and/or obligations under these General Terms and Conditions without the prior consent of the SeaFreightHub member to a credible provider of similar services.
No Partnership or Agency
These General Terms and Conditions shall not be construed so as to create a partnership or joint venture between you and us.
No Waiver
In the event that either you or we fail to exercise any right or remedy contained in these General Terms and Conditions, that does not mean you or we (as applicable) have waived that right or remedy.
Severability
If any provision of these General Terms and Conditions shall be judicially determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions thereof shall not in any way be affected or impaired thereby.
Governing Law And Disputes
These General Terms and Conditions and the relationship between you and SeaFreightHub created by it shall be governed by and construed in accordance with the laws of Romania without regard to its conflict of law rules.
Any dispute in connection with these General Terms and Conditions shall be submitted to the exclusive jurisdiction of the competent courts from SeaFreightHub’s headquarters.
IMPORTANT INFORMATION
Disclaimer
The content of this website is provided for information purposes only and does not constitute an offer to buy or sell, or amount to a solicitation or incitement of offer to buy or sell, any securities in any Services with which SeaFreightHub is associated in any jurisdiction in which such distribution or offers is not authorised to any person: it does not constitute financial, legal, accounting or tax advice to any user and should not be relied upon as such.
No service advice is offered or given by SeaFreightHub, nor any member of its group, to persons accessing information on this website; consequently, we recommend that prospective Members should seek appropriate advice from their own professional advisers before making any service decision.
In particular, persons interested in making any Services via our platform should inform themselves as to:
(a) the legal requirements for such acquisition, within the countries of the nationality, residence or domicile;
(b) any foreign exchange control requirement which they might encounter on the acquisition or sales of Servicess; and
(c) the income tax and other tax consequences which might be relevant to the acquisition, holding or disposal of any Services.
The distribution of the information contained on this website in certain other jurisdictions may be restricted by law and, accordingly, persons who access it are required to inform themselves of and to comply with any such restrictions. You should proceed into this website only if you have satisfied yourself that the country in which you are based imposes no prohibitions or restrictions on the distribution of the promotional material on this website.