This page sets out the terms of Transaction for services and transactions offered by Globalog Group.
- SOME BASICS YOU SHOULD KNOW ABOUT THESE TERMS OF TRANSACTION
1.1 What this document is and who we are: You are reading a legal document which is the agreement between you, the Customer (whom we refer to as “you”, “your” or the “Customer” in this document) and us. You are agreeing to Payment on the terms of Transaction that appear below, which we call the “Terms of Transaction”. We are Globalog Group (trading as Globalog Group, Globalog Container Line Division of Globalog Group, Globalog Moving Services Division of Globalog Group, Globalog Supply Services Division of Globalog Group, Globalog GmbH Division of Globalog Group) and we are the service provider of transportation and handling services and through this transaction are providing you with the ability to pay for logistical services in US Dollar currency (and to which these Terms of Transaction apply). We are a company registered in the United States of America and domestically registered under the Commonwealth of Delaware.
1.3 Who we aren’t: Globalog Group is not a Merchant Store Front provider of physical goods. We provide transportation services only. In the event we provide physical goods (pallets, crates, unit load devices) or sell these goods, this sale and your subsequent payment will be for physical goods associated with the transportation services you have purchased, we will let you know so that you understand what aspects of these Terms of Transaction apply to your Payment.
1.4 Your acceptance of these Terms of Transaction: Please read these Terms of Transaction carefully. By making any Payment you are agreeing to these Terms of Transaction and you acknowledge that your Payment is made subject to these Terms of Transaction.
1.5 Changes to this Agreement: These Terms of Transaction were most recently updated on 1 May 2015. We reserve the right to amend these Terms of Transaction at any time. All amendments to these Terms of Transaction will be posted on-line. You will be bound only to the Terms of Transaction which you agree to when you make a Payment and not any later Terms of Transaction unless you expressly consent to such new Terms of Transaction.
1.6 Your legal rights: As a consumer, nothing in these Terms of Transaction affects your non-excludable statutory, or legal, rights.
1.7 Definitions: In these Terms of Transaction, we use various defined terms. You will know they are defined because they begin with a capital letter. These are all defined within these Terms of Transaction or at the end in Clause 9.
- SOME BASICS YOU SHOULD KNOW ABOUT MAKING A PAYMENT
2.1 Minimum Age: In order to make a Payment you must be 18 years of age or over. By making a Payment you are agreeing that you are above 18 years of age.
Place of Use: If you choose to make a Payment from locations outside the USA and including EU Countries, Norway, Switzerland, and all others, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
Scope of Use: Any Payment is for your commercial or non-commercial, use only.
Prevention on use: We reserve the right to prevent you from making any Payment for any reason whatsoever. Any such decision is within our sole discretion. If payment is required we reserve the right to advise another method of payment that may include bank transfer or international bank wire.
- PAYMENT OF FEES THIS IS THE HEART OF THESE TERMS OF TRANSACTION – PLEASE READ IT VERY CAREFULLY!!
3.3 Right to cancel: We will make your ability to make payment available to you in your Globalog Group account or by email or both. When we do so, you are legally entitled to cancel the transaction at any time within 7 working days from the day after the day that you first receive the Invoice for Logistical Services (whether by email or your account, whichever is earliest) – provided of course that you have not already made payment to the logistical provider by other means and therefore there is no need to have any transaction through the site. For the purposes of these Terms of Transaction, a working day is any day that is not a Saturday, Sunday or public holiday.
3.6 RESPONSIBILITY – A REALLY IMPORTANT PART OF THIS AGREEMENT!:
3.6.1. Please note that it is Globalog Group, who is the provider of logistic services.
3.6.2. Please note that it is the logistics service provider who is the party who enters into a contract with you to have these logistic services rendered.
3.6.3. Please note that it is the logistic service provider, who is solely responsible for providing you with those services.
- STANDARDS OF SERVICE AND LIMITATION OF OUR LIABILITY TO YOU:
4.1. The standards we operate under: Globalog Group always tries its best at what it does! To give some legal backing to this, we warrant that:
4.1.1. we will exercise reasonable care and skill in performing any obligation under these Terms of Transaction;
4.2 Clause 5 rules the roost: If there is a conflict between what we say in different parts of these Terms of Transaction, this Clause 5 (and Clause 1.7 of these Terms of Transaction) takes precedence over all other Clauses and sets out our entire Liability, and your sole and exclusive remedies in respect of:
4.2.1. the performance, non-performance, purported performance or delay in performance of these Terms of Transaction or any Payment (or any part of it or them); or
4.2.2. otherwise in relation to these Terms of Transaction or the entering into or performance of these Terms of Transaction.
4.3. What we are always responsible for: Nothing in these Terms of Transaction shall exclude or limit our Liability for any Liability which cannot be excluded or limited by applicable law (such as fraud or what we say in Clause1.7 of these Terms of Transaction). By this we mean that we are always liable for death and personal injury caused by our negligence, fraud, fraudulent misrepresentation and any other non-excludable legal rights you have as a consumer.
4.4. What we are never responsible for: We do not warrant and we exclude all Liability in respect of Logistic Services provided by your designated agent
4.5. What you can and cannot take legal action against us for: If we make a mistake any way and given the right and time to correct and which correction fails, ultimately you can take action against us for a breach of contract (i.e. for breach of these Terms of Transaction) but for nothing else (such as suing for a tort).
4.6 Categories of loss that we are not responsible for: Please note that apart from what we set out in Clause of these Terms of Transaction, we shall have no Liability for:
4.6.1 loss of revenue;
4.6.2 loss of actual or anticipated profits;
4.6.3 loss of contracts;
4.6.4 loss of the use of money;
4.6.5 loss of anticipated savings;
4.6.6 loss of business;
4.6.7 loss of opportunity;
4.6.8 loss of goodwill;
4.6.9 loss of reputation;
4.6.10 loss of, damage to or corruption of data; and
4.6.11 indirect or consequential loss.
4.7 Limits of our liability: Apart from what we set out in these Terms of Transaction and apart from what we say in these Terms of Transaction (where we set out when we are never responsible and never have Liability), our total Liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to:
4.8 Invalid or unenforceable parts of these Terms of Transaction: The limitation of Liability under above also has effect in relation to any Liability arising because of the invalidity or unenforceability of any term of these Terms of Transaction.
5.1 You shall indemnify us against each loss, liability or cost incurred by us arising out of:
5.1.1 any claims or legal proceedings which are brought or threatened against us by any person arising from: a) your use of your personally or assigned goods transported by logistics service provider; or
b) any breach of these Terms of Transaction by you.
6.1 Interpretation: In these Terms of Transaction:
6.1.1 words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
6.1.2 clause headings such as are purely for ease of reference and do not form part of or affect the interpretation of these Terms of Transaction; and
6.1.3 references to “include” and “including” shall be deemed to mean respectively “include(s) without limitation” and “including without limitation”.
6.2 No partnership/agency: Nothing in these Terms of Transaction shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability, debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
6.3 No other terms: Except as expressly stated in these Terms of Transaction, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
6.4 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms of Transaction (except with our permission). We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms of Transaction to any person.
6.5 Events beyond our reasonable control: We shall not be liable for any breach of our obligations under these Terms of Transaction where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control.
6.7 No waiver: No waiver by us of any default of yours under these Terms of Transaction shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your Liability under these Terms of Transaction.
6.8 Notices: Unless otherwise stated within these Terms of Transaction, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) or by pre-paid post. Any notice we send to you will be at the address you supplied to us when you registered for your Globalog Group account. You can send any notice to us at our registered office address (which we set out for you.
6.9 Third party rights: All provisions of these Terms of Transaction apply equally to and are for the benefit of Globalog Group, its subsidiaries, any holding companies of Globalog Group, companies part of a future group of related Globalog Group companies, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms of Transaction may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of these Terms of Transaction is otherwise enforceable.
6.10 Survival: In any event, the provisions of Clauses 3, 5, 6, 7, and 9 of these Terms of Transaction, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of these Terms of Transaction. In the event you make Payment again, then the provisions of the terms of Transaction that then apply will govern your Payment.
6.11 Severability: If any provision of these Terms of Transaction is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms of Transaction shall not be affected.
6.12 Governing law: We will do our best to resolve any disputes about these Terms of Transaction. If you wish to bring a legal claim against us, you must do so within The United States of America under the jurisdiction of the Commonwealth of Delaware (DE).