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Features with 36Link™ 36Link

TERMS AND CONDITIONS OF USE

1. Introduction

Our mission is to offer the shipper, carriers, tracking agents and all trucking industry practitioners to be more efficient with more interactivities. Our platform is designed to make the truck service searching easier and the service level of our track members higher.

The services provided in our platform including the GPS operation system and the mobile App are offered exclusively to our members. However, unregistered users (as “visitors”) is also welcome to visit our webpage and understand more our services. Both member and the visitors are legally bound under this terms and conditions.

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

2. Copyright notice

2.1 Copyright (c) [2016] [Acquaintance Enterprises Ltd.].

2.2 Subject to the express provisions of these terms and conditions: (a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and (b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. License to use website (i.e. services terms)

3.1 We offer a technology platform to let our members to communicate and interact among each other. The services, quotations, newsfeeds, market information and instant message offered or posted by our members are fully owned by the particular users. 36Link & LogFlows as an intermediary is not responsible for the behaviour, negligence, conduct and actions of the respective members.

3.2 We are not a transportation carrier or agent and do not provide transportation services. We are not liable to any agreement made among members. If you have any complaints or in satisfaction to other members then that dispute must be taken up with between you and the particular member directly. In our platform , you may: (a) view pages from our website in a web browser; (b) download pages from our website for caching in a web browser; (c) print pages from our website; (d) use our GPS operation system; (e) post newsfeeds to the marketplace; (f) setup company or personal profile; (g) request for quotation or offer quotation between our marketplace dashboard or loadboard subject to the other provisions of these terms and conditions.

3.3 You may only use our website for business purposes and you must not use our website for any other purposes.

3.4 Unless you own or control the relevant rights in the material, you must not: (a) republish material from our website (including republication on another website); (b) sell, rent or sub-license material from our website; (c) show any material from our website in public; (d) exploit material from our website for a commercial purpose; or (e) redistribute material from our website.

3.5 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

3.6 License of App usage: (a) Subject to your registration with our system as truck member, we grant you a limited non-exclusive, non-transferable licence to download and install one copy of the App on your mobile device and to run such copy of the App solely for your own personal use. (b) Your use of 36Link & LogFlows App grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text or rights in and to the App and applications) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the Services in accordance with these Terms. (c) You must not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the App in any way; (ii) modify or make derivative works based upon the Services or App; (iii) create Internet “links” to the Services or “frame” or “mirror” any App on any other server or wireless or Internet-based device; (iv) reverse engineer or access the App in order to (1) design or build a competitive product or service, (2) design or build a product using similar ideas, features, functions or graphics of the Services or App, or (3) copy any ideas, features, functions or graphics of the Services or App, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or App.

4. Acceptable use

4.1 You must not: (a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website; (b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; (d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent; (e) have access to or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing; (f) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].

5. Registration and accounts

5.1 You may register for an account with our website by [completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you].

5.2 You must not allow any other person to use your account to access the website.

5.3 You must notify us in writing immediately if you become aware of any unauthorized use of your account.

5.4 You must not use any other person's account to access the website, unless you have that person's express permission to do so.

6. User login details

6.1 If you register for an account with our website, you will be asked to choose a user ID and password.

6.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 9; you must not use your account or user ID for or in connection with the impersonation of any person.

6.3 You must keep your password confidential.

6.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

6.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

7. Cancellation and suspension of account

7.1 We may: (a) suspend your account; (b) cancel your account; at any time in our sole discretion without notice or explanation.

8. Your content: license

8.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

8.2 You grant to us a, non-exclusive right to reproduce, store and, with your specific consent, publish your content on and in relation to this website.

8.3 You grant to us the right to sub-license the rights licensed under Section 8.2.

8.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.

8.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

8.6 You may edit your content to the extent permitted using the editing functionality made available on our website.

8.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

9. Your content: rules

9.1 You warrant and represent that your content will comply with these terms and conditions.

9.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

9.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not: (a) be libellous or maliciously false; (b) be obscene or indecent; (c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right; (d) infringe any right of confidence, right of privacy or right under data protection legislation; (e) constitute negligent advice or contain any negligent statement; (f) constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity]; (g) be in contempt of any court, or in breach of any court order; (h) be in breach of racial or religious hatred or discrimination legislation; (i) be blasphemous; (j) be in breach of official secrets legislation; (k) be in breach of any contractual obligation owed to any person; (l) depict violence, in an explicit, graphic or gratuitous manner; (m) be pornographic, lewd, suggestive or sexually explicit; (n) be untrue, false, inaccurate or misleading; (o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; (p) constitute spam; (q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or (r) cause annoyance, inconvenience or needless anxiety to any person.

10. Limited warranties

10.1 We do not warrant or represent: (a) the completeness or accuracy of the information published on our website; (b) that the material on the website is up to date; or (c) that the website or any service on the website will remain available.

10.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

10.3 To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

11. Limitations and exclusions of liability

11.1 Nothing in these terms and conditions will: (a) limit or exclude any liability for death or personal injury resulting from negligence; (b) limit or exclude any liability for fraud or fraudulent misrepresentation; (c) limit any liabilities in any way that is not permitted under applicable law; or (d) exclude any liabilities that may not be excluded under applicable law.

11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions: (a) are subject to Section 11.1; and (b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

11.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

11.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

11.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.

11.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

11.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

12. Breaches of these terms and conditions

12.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: (a) temporarily suspend your access to our website; (b) permanently prohibit you from accessing our website; (c) block computers using your IP address from accessing our website; (d) contact any or all of your internet service providers and request that they block your access to our website; (e) commence legal action against you, whether for breach of contract or otherwise and/or (f) suspend or delete your account on our website.

12.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking including without limitation creating and/or using a different account.

13. Variation

13.1 We may revise these terms and conditions from time to time.

13.2 We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

14. Entire agreement

14.1 Subject to Section 11.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

15. Law and jurisdiction

15.1 These terms and conditions shall be governed by and construed in accordance with Hong Kong SAR ordinance.

15.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of Hong Kong SAR.

16. Statutory and regulatory disclosures

16.1 We are registered in Hong Kong SAR. You can find the online version of the register at The Government of the Hong Kong Special Administrative Region Companies Registry Website: http://www.cr.gov.hk/en/home/.

17. Our details

17.1 This website is owned and operated by Acquaintance Enterprises Limited.

17.2 We are registered in Hong Kong SAR under registration number 64872920-000-06-16-3, and our registered office is in Hong Kong SAR.

17.3 You can contact us: (a) using our website contact form; (b) by email, using the email address published on our website from time to time.

18. Payment

You'll honor your payment obligations and you are okay with us storing your payment information. Also, there may be fees and taxes that are added to our prices.

We don't guarantee refunds.

If you purchase any of our paid Services, you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. Also: (a) Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates). (b) You authorize us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services. (c) You must pay us for applicable fees and taxes unless you cancel the payable services, in which case you agree to still pay these fees through the end of the applicable subscription period. (d) Taxes are calculated based on the billing information that you provide us at the time of purchase.

You can get a copy of your invoice through your account settings under “Purchase History”

19. Notices and Service Messages

You're okay with us using our websites, mobile apps, and email to provide you with important notices. This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us.

If the contact information you provide isn't up to date, you may miss out on these notices.

You agree that we may provide notices to you in the following ways: (a) a banner notice on the Service, or (b) an email sent to an address you provided, or (c) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date.

20. Disclaimers

20.1 The App is provided to you on an “as is” basis. We do not guarantee that the 36Link & LogFlows App is compatible with your mobile device or that (the contents of) the App and our website are free of errors, defects, malware and viruses or that the App and our website are correct, up to date and accurate.

20.2 We do not warrant and accept no liability in connection with the availability of the Services, the availability of transport and logistics services from the Service Providers through the use of the Services, the accuracy of the information or data provided as part of the Services or the quality, suitability and timeliness of the services of the Service Providers.

20.3 We are not involved in any service level agreements made by the service providers, so we shall have no liability to any potential service failure by the service providers.

20.4 Vehicles of drivers registered with 36Link & LogFlows may be installed with GPS tracking device and/or other location tracking software or technology through the mobile phone. Such vehicles are tracked using GPS or other location tracking technology to facilitate and improve route planning as well as enhance the visibility of the your cargoes. You acknowledge and accept that the location tracking feature is not error-free and the information provided by it may not be accurate. Your use of the location tracking feature is solely at your own risk and we accept no responsibility or liability in connection with any such use of and/or reliance on such location tracking information by you.

20.5 It shall be your sole responsibility to ensure that valuable, unusual or any other items are covered by appropriate insurance. In case of lost items inside the vehicles of service providers during the journey, we will use reasonable endeavours to liaise with the relevant service provider to locate such items but in no event shall we be responsible or liable for the loss of, or damage to, any such items.

20.6 The use of 36Link & LogFlows and the services is at your sole risk. To the fullest extent permitted by applicable law, we shall not be liable for any damages resulting from or in connection with the use or inability to use 36Link & LogFlows or the Services (including any consequential, indirect, incidental damages or any loss of profit or damages to your mobile device). Without prejudice to the foregoing and insofar as permitted under applicable law, our aggregate liability shall in no event exceed an amount of HKD1000.

Last updated: 1 April 2017