Terms of Use

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Terms of Use of Blockfreight™ Platform

The Terms and Conditions stipulated below are effective as of Feb 14, 2020.

General

1. These Terms and Conditions (the "Terms" or "Agreement") constitute a binding agreement and governs a contractual relationship between Blockfreight, Inc., hereinafter referred to as "Blockfreight" or "We", "Us"; or "Our"; and You, as the user and customer, hereinafter referred to as "User" or "You" or "Yours" of blockfreight.com website through related enabling internet, mobile or other platforms.

2. The website blockfreight.com is operated by Blockfreight, Inc., a company incorporated in Delaware, USA and certain parts of this site and some services may be operated or provided by our subsidiaries, agents, representatives and/or partners, including but not limited to, Blockfreight, Inc. Limited, a company incorporated in Hong Kong, SAR and Shenzhen Blockfreight Technology Co., Ltd., a company incorporated in Shenzhen, China, details of each may be found [here] depending on the services you use, acquire or subscribe to, or based on your access location or the payment option(s) you choose or on the basis of your address or billing location.

3. The User must read, agree and accept all of the Terms contained in this Agreement without modifications, which include those Terms expressly set forth below and those incorporated by reference, before the User may become an active, registered User of blockfreight.com. These Agreement comes into force as soon as you click on “I agree with Terms of use and Privacy policy” checkbox button, by doing which you signify to blockfreight.com that you have read these Terms and accept them. By using of the Website you also signify that you agree with these Terms and Conditions. This Agreement shall also apply to all Services provided via mobile devices, including downloadable applications. All references to the use of the Website shall be construed as references to the use of our Services provided for mobile devices.

4. Blockfreight may amend and/or assign this Agreement or any rights and/or obligations from time to time. The Terms and Conditions and the Privacy Policy are published on the Website and may be changed at any time. The new version of these Terms and Conditions will take effect immediately upon clicking checkbox “OK” following the text of the noted Terms and confirming that the User has read and agreed to the Terms & Conditions and the Privacy Policy” presented to him/her before use of the website. By continuing to use the Website, the Services or the servive offered by blockfreight.com the User agrees to be bound by the Terms as well as by the latest modifications to it. If the User does not agree to be bound by the changes to these Terms, the User must not use or access Our Services, and inform Us in writing by email to legal@blockfreight.com immediately. In order to avoid misunderstandings and disputes at a later stage, Users can print out these Terms. Blockfreight, Inc. may publish these General Terms and Conditions in a number of languages and shall reflect the same principles. This is done for information purposes and to help Users. It is however the English version that constitutes the legal basis of the relationship between You and Blockfreight, Inc. Should there be any discrepancy between the Terms in the English version and the version in any other language, the English version shall prevail.

5. Blockfreight reserves the right to refuse and/or cancel Services at its own discretion where the Services are illegal to use.

6. Rules and explanations in respect to the services provided separately on the Website are incorporated into these Terms by reference.

Eligible users

7. The Website and its services are available to, and may only be used by individuals, who can enter into legally binding contracts under the applicable law.

8. The User assures Blockfreight that he/she is over 18 years or such legal age of majority as stipulated in the jurisdiction of his/her residence. No person under 18 years or other legal age of majority in User's jurisdiction of residence may be registered as a User. If the real age of the person reveals to be under 18 years or other legal age of majority in User's jurisdiction of residence at any time after his/her registration at the website such User shall be annulled. We are entitled to require User to provide proof of age and to deny a User's access to the Service if it has reasons to believe that the minimum age requirement is not fulfilled. We notify You that parental control protections are commercially available that may help to block access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms.

User’s account registration

9. In order to use the Website, the User must complete the registration form and open a User account ("Account") on the Website. The User must fill in the registration form provided by Blockfreight which shall at least include the following details:
a) User's email.
b) User’s password. The User is advised to choose a strong and non-predictable password for security reasons and is responsible for ensuring that this password is kept as highly confidential. If there is concern that the secrecy of Username and Password is no longer the case, the User should notify Blockfreight, Inc. immediately.
c) User’s consent with these Terms and Conditions and Privacy Policy by clicking “I agree with Terms of use and Privacy policy” checkbox button;
d) User’s consent that he is older than 18 years or any other legal age of majority by clicking “I’ve reached the age of majority” checkbox button.

10. User can also voluntarily submit in User’s Account the following information:
a) Date of Birth.
b) The User's place of residence.

11. The User warrants to provide true, accurate, current and complete information regarding identity during the registration process. Any false information or impersonation of any person, misrepresentation regarding any affiliation with another person, entity or association, use of false headers or other acts or omissions to conceal one's identity from Blockfreight, Inc. for any purpose will be prosecuted under the law. In order to receive access to the Website User may be asked to provide valid subsisting verification of identity and relevant information. The Company reserves the right to ask for the proof of age from the User and block access to the website or suspend the user’s account if it fails to meet this requirement.

12. After the registration process the User shall provide Blockfreight with valid identification information under Know Your Customer (KYC) procedures.

13. Blockfreight reserves the right to carry out valid identification of a User under Know Your Customer (KYC) procedures in cases not covered by this Clause 13 if in Our sole discretion we have reason to believe there may be grounds to believe that a material risk of fraud, money-laundering or any system abuse of the platform exists.

14. All Users of blockfreight.com Website ensure by accepting the Terms & Conditions at least the following:
a) The User has completed the registration form truthfully and correctly.
b) The User is not an individual under 18 years or other legal age of majority in User's jurisdiction.
c) The User is neither under legal supervision nor restricted in his business activities.
d) The User has read and accepted these Terms and Conditions.

Obligations of user and usage of account

15. Blockfreight, Inc. accepts as a User only natural persons with a single account. Neither a legal entity nor corporate body is allowed to open or to have an account on blockfreight.com website.

16. We will treat as confidential, all information the data that the User entrusts to us in accordance with our Privacy Policy.

17. In case of misconduct on the part of the User, Blockfreight, Inc. is entitled to immediately terminate the Agreement with the User and exclude him/her from further use of the Website. Further, we are entitled to interrupt and terminate on-going activities, to block the User or the User's Account with or without prior notice.

18. In case of indication of any fraud, manipulation, or other forms of deceitful or fraudulent activity the Account of such User may be suspended or closed without notice.

Dormant account

19. A Dormant Account is a User Account into which User has not logged for twelve consecutive months. If your User Account is deemed to be inactive or dormant, Blockfreight, Inc. reserves the right to “freeze” the account until further confirmation of identity by the User. In order to continue using a dormant account the User shall confirm their identity.

20. If the User doesn not using their dormant account within 18 first months from the date of its registration, Blockfreight reserves the right to cancel such account and forfeit balances.

Closing of the account

21. User may close User account by contacting Us via support@blockfreight.com.

22. Blockfreight reserves the right to close your User Account at Blockfreight’s absolute discretion and without any obligation to state a reason or give prior notice.

Miscarried / aborted services

23. Blockfreight takes every precaution to avoid as much as possible, any technical anomaly or problem. However, this is not always possible. By these reasons:
a) Blockfreight, our suppliers, subsiduaries, partners and/or agents are not liable for any downtime, server disruptions, lagging, or any technical or political disturbance to services. Refunds may be given solely at the discretion of the management;
b) Blockfreight, our suppliers, subsiduaries, partners and/or agents accept no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with the Website or its content, including but not limited to:
i. Delays or interruptions in operation or transmission;
ii. Loss or corruption of data;
iii. Communication or lines failure;
iv. Any site or content misuse;
v. Any errors or omissions in content;

Intellectual property

24. You hereby expressly agree that all rights, title, and interest in and to all intellectual property rights, including, without limitation, patents, copyright, trademarks, trade secrets and all other related proprietary rights to this Website belong to Blockfreight and/or our suppliers, subsiduaries, partners and/or agents who are the sole and exclusive owners thereof. All rights to the website not expressly granted herein are reserved. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the website, its products or Service except as expressly authorized herein. Any other use of the Content, including without limitation distribution, reproduction, modification, disuse or transmission without the prior written consent of Blockfreight is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.

25. Blockfreight hereby disclaims any rights to trademarks, Service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. Third Parties’ Material is the property of its respective owners. Blockfreight disclaims any proprietary interests in the intellectual property rights other than its own.

Limitation of liability

26. Blockfreight, Inc. is in no way responsible for any access to a User's account by a third person and will not be held responsible for any loss suffered due to the illicit use of a User's password by a third person, of unauthorized access, and/or for any transaction in which the name and password of a User was registered correctly.

27. Blockfreight, Inc. is not liable of any hardware or platform, defects, unstable or lost Internet connections, or any other technical errors that may limit User’s access to the website or prevent User from an uninterrupted use.

28. Blockfreight, Inc., its directors, employees, partners, service providers:
a) do not warrant that the platform or the Website is/are permanently fit for their purpose;
b) do not warrant that the platform and Website are permanently free from errors;
c) do not warrant that the Website and/or services will always be accessible without interruptions;

29. EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT BLOCKFREIGHT, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE BLOCKFREIGHT MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM BLOCKFEIGHT, OR ACTIONS AND PARTICIPATION IN SERVICES ON THE WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BLOCKFREIGHT'S RECORDS, PROGRAMS OR SERVICES.

30. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO CERTAIN USERS.

31. BLOCKFREIGHT IS NOT RESPONSIBLE FOR ANY DAMAGES CAUSED BY DELAY OR FAILURE TO PERFORM ITS OBLIGATIONS UNDER THE AGREEMENT IF THE SAID DELAY OR FAILURE IS DUE TO FIRES; STRIKES; FLOODS; POWER OUTAGES OR FAILURES; ACTS OF GOD OR THE STATE’S ENEMIES; LAWFUL ACTS OF PUBLIC AUTHORITIES; ANY AND ALL ACTS THAT ARE REGARDED AS FORCE MAJEURE IN LEGAL PRACTICE.

Severability clause

32. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the Agreement, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions of the Agreement without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.

Assignments

33. Blockfreight may assign, transfer or delegate these Terms of Use or the fulfilment of any of its obligations pursuant to these Terms of Use and/or the Blockfreight Privacy Policy and/or AML/KYC Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign, transfer or delegate any rights or obligations under the Terms of Use or Privacy Policy or AML/KYC Policy without Blockfreight’s prior written consent, which may be withheld at its sole discretion, and any unauthorized assignment and delegation by you is void and ineffective.

Indemnification

34. You hereby agree to indemnify and hold Blockfreight, its affiliates, officers, directors, agents, and employees harmless, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your br/each of these Terms of Use, including without limitation infringement by user materials of any third-party intellectual property and/or proprietary right, including, but not limited to, patent, trademark, copyright, trade secret, publicity and/or privacy.

Applicable law and dispute resolution

35. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of California.

36. The Parties will tend to solve all disputes, differences and claims that can arise out of the execution, termination or cancellation of the Agreement by means of negotiations. The Party that has some claims should send a notification to the other Party describing the arisen claims and/or differences. In case of no agreement during negotiations, the Party shall send a claim to the other Party. The party receiving the claim is obliged to respond to it in writing within 10 (ten) days from the date of receipt.

Complaints / commitment to decisions

37. You may contact us by email at support@blockfreight.com according to the instructions located at the Website to give us any complaints regarding our services.

38. Complaints are handled at the support department and escalated in the organization of Blockfreight, Inc. and its affiliates if support personnel do not solve the case immediately. The User shall be informed about the state of the complaint to a reasonable level.

39. In case of any dispute, you agree that the records of the server and blockchain shall act as the final authority in determining the outcome of any claim.

40. You agree that in case of unlikely disagreement between the result that appears on your screen and the blockchain, the result that appears on the blockchain and will prevail, and you acknowledge and agree that these records will be the final authority.

41. When we wish to contact you regarding such a dispute, we will do so by using any of Your contact details noted at your User account.

Notices

42. Any notice or other communication under this Agreement shall be in writing and shall be considered given and received when sent by email to support@blockfreight.com. The Users official email for communication shall be deemed the email bound to the User Account. The language of the communication shall be English.

Privacy policy and personal information processing and storage

43. The Company is taking effective measures to protect User’s private data from any unauthorized use and is only making it available to parties involved in providing of services through the website. Notwithstanding this, the Company takes all necessary measures to ensure that such third parties, for example, third party platform providers or affiliates, are subject to the non-disclosure agreement with regard of such private data processing and take all necessary steps to ensure their safety.

44. Blockfreight has developed a Privacy Policy that governs the use and protection of User’s private information according to the applicable laws and good practices. The full text of the Privacy Policy is made available on the Platform and can be accessed at: privacy-policy.

45. Despite all security measures implemented by Blockfreight, the User acknowledges that there are certain risks of Blockfreight being attacked by electronic means in order to obtain the private information and that the Company cannot guarantee full protection.

1.0 | Terms of Service Last updated: 2020-02-14