General conditions of use
If you are using a trial account, the prices displayed for shipping companies are fake and only used as an example. This is not to be taken as the actual price of the shipping company in question, which may actually be higher or lower. On the other hand, the operational information is real. You are also subject to the entirety of these Terms and Conditions of Use, including the provisions on intellectual property and data disclosure.
Okargo is not a chartering agent or broker. The service offered does not in any way represent the User to a shipping company.
Okargo is intended for Users acting in a professional capacity as natural or legal persons.
Company: EUREKA SAS is a simplified joint-stock company with a share capital of 131,960 euros (à mettre à jour), whose registered office is located at 37 Rue Le Pelletier 13016 in MARSEILLE, registered in the MARSEILLE Trade and Companies Register under number 793 300 419, represented by Julien Chapus, President.
Okargo: refers to the entire freight rate comparison service and includes the Web Application.
User or Customer: refers to the natural or legal person using the Okargo service.
Web Application: means the www.okargo.com website accessible from a browser.
Shipping Company: the legal entity offering the transportation service via its website.
Trial Account: version based on dummy prices allowing the user to test the Web Application for free in order to estimate the potentiality of the service.
Full version: means the complete Okargo service including the Web Application that compares freight rates based on the price grids submitted by the user in addition to the rates available in the carrier’s online portals, for an indeterminate period and subject to subscription.
Online quotes version: means services including the Web Application that compare freight rates based on online quotes available in the user’s account in the carrier’s online portal, for an indeterminate period and subject to subscription.
Rate grid integration version: means the Okargo service including the Web Application that compares freight rates based on the price grids submitted by the user, for an indeterminate period and subject to subscription.
Trial phase: trial period of the Okargo service for a period defined in the Special Conditions and preceding the full version, the online quotes version or the rate grid integration version.
Description of the service
The Terms of Service govern access to and use of the Okargo service, as well as any other Okargo brand, or website section including Facebook page, LinkedIn page or Twitter account.
Okargo is an exceptional containerized freight rate search facilitator. It allows you to compare, in a few clicks, the freight rate between several shipping companies for the same voyage. Once the choice is made by the Customer, he can receive a summary of the journey via e-mail to access the information necessary to make his reservation.
The hyperlinks on the company website refer to the timetable pages of the transport companies and will direct you away from the Okargo service.
To use the trial or full version of the Okargo service, the Client submits its price grids or its accounts on online carrier portals to the Company, which will integrate its rates in a secure database accessible only by the Client. The Client’s search results will only take into account the prices charged by the shipping company for this Client. The Company undertakes to keep these price lists or online quotes confidential and not to transmit them to any third party, notwithstanding a subcontracting agreement containing a confidentiality clause. Once the User has selected a transport offer, he/she can book the transport according to his/her own price list.
IMPORTANT: If you are using a trial account, the prices displayed are fake and are used only as an example. This can in no way be considered the prices charged by the shipping company in question which may actually be lower or higher. On the other hand, the operational information is real.
Access to the site
Okargo aims to provide up-to-date and reliable information to Users. This implies that information may become obsolete and that changes may occur at any time, as transport companies are not bound by the research done on Okargo. When making a reservation or when consulting the company’s website, the User may see different or contradictory information than that provided by Okargo. Consequently, the information provided by Okargo is only indicative and not contractual.
We advise Users wishing to make a reservation with a company via Okargo to check this information at the time of reservation.
Likewise, in order to ensure the best possible service, the Company reserves the right, without prior notice, to limit and suspend access to the Okargo service, or to modify the content of the web Application as well as the present General Conditions of Use.
Responsibility of Okargo
The Company does not own or control any of the shipping services available through the Okargo service. The service provided is limited to the comparison of containerized freight rates for a given voyage between two ports on a given date. Okargo does not allow direct booking of transport. It gives the Client access to the information necessary to make a reservation with the Shipping Company.
The Company is not responsible for the transport company and is therefore not liable for any damage suffered by the Client in case of malfunction, errors or modifications made on the company’s website that have not yet been taken into account by the Okargo service.
With the exception of the trial account, in the event of a data entry error causing prejudice to the Client, the Company and the Client agree to find an amicable solution in accordance with the provisions of the article entitled “APPLICABLE LAW AND SETTLEMENT OF DISPUTES” below.
The Company declines all responsibility in case of loss, damage or virus affecting the User’s computer or its contents, due to access to Okargo.
Likewise, the Customer acknowledges and is warned that the prices are fake and that he/she cannot claim any prejudice resulting from the use of this information under penalty of bad faith and risks a fine of 3,000 euros without prejudice to any damages that may be claimed. (Article 2274 of the French Civil Code, and article 32-1 of the French Code of Civil Procedure).
Responsibility of the user
The Customer must register on the website and open an account to benefit from the Okargo service.
There are two types of accounts:
A free trial account, allowing the User to explore the service based on dummy prices, so that the User can get an idea of how the Okargo service works.
A standard account accessible by subscription, for which the User must provide his price grids or his access to online carrier portals. This account can be used for free during a trial phase.
These accounts are protected by a username and password that are strictly personal and confidential to the Customer. The Customer may not under any circumstances transmit or communicate them to a third party. If this were the case, the Customer could be denied access to the Okargo service.
Similarly, the customer is strictly forbidden from providing his login and password to a shipping company. This will be considered a serious breach of contractual obligations and may be considered a violation of the Company’s rights under articles L341-1 to L342-5 of the Intellectual Property Code as well as an act of unfair competition under article 1382 of the Civil Code.
Customers who do not respect these prohibitions are liable to sanctions and prosecution under these same codes.
In particular, infringing on the rights of a database producer as defined in Article L. 342-1.t is punishable by three years imprisonment and a fine of up to 300,000 euros.
The use of our services through a Customer account will be considered use by the Customer. If the Customer believes that the integrity of his account has been compromised, he must inform the company as soon as possible at firstname.lastname@example.org.
The Customer undertakes to only submit to Okargo price lists that are free of all rights and confidentiality, and the Customer is responsible for obtaining the necessary authorizations to submit this information to Okargo. The Customer therefore indemnifies Okargo against any action based on unfair competition, parasitism, denigration and in general against any act of infringement of intellectual property rights.
Management of personal data
Okargo respects the information that users provide to the Company. This information is subject to the French law n°78-17 of January 6, 1978 called “Informatique et libertés”.
The person in charge of data processing is the Director of Publication Adrien Guiennet.
When using the service, the User submits information to OKARGO in order to be associated with a username and password to open a secure account assigned exclusively to this User. It is through this account that the User will be able to access the requested service
In order to identify the User and operate the service, OKARGO retains:
administrative data: last name, first name, e-mail address, position, company, business address and telephone number.
connection data: login, password, date and time of connection.
This information is necessary for our company to provide the service. It must be accurate in order to allow OKARGO to identify the person who has connected to the account and is recorded in our customer file. The Customer is informed that this information will be processed and used for the purposes of OKARGO’s commercial relations with the Customer and may be passed on to OKARGO’s contractors, commercial partners and assignees, as well as to its affiliated companies, for use in their commercial activities with the Customer.
If the information requested in the General Terms and Conditions of Sale for the Full Version or other versions of the service, or in the online form for the Trial Account is not provided, it will be impossible for Okargo to open an account secured by a user name and password, and thus to provide the requested service.
This data will be destroyed after a period of 10 years from the end of the contractual relationship. This destruction will also result in the deletion of the username and password as well as the User’s personalized account, and consequently of access to the service.
For any questions regarding the operation of the User data hosting service, please contact the Publication Department at the following address OKARGO, Direction de la publication, 32 av André Roussin, 13016, Marseille.
Right to access, oppose, rectify and delete personal data.
The User is informed that he/she has the right to access, oppose, rectify and delete his/her data in accordance with the French law n°78-17 of January 6, 1978, known as “Informatique et libertés”. He can ask for the rectification, completion, update or deletion of information concerning him.
The user may exercise this right at any time by sending a letter to the following address: OKARGO, Direction de la publication, 32 av. André Roussin, 13016, Marseille.
Any exploitation, extraction, reuse, reproduction, partial or total, of the web Application, and/or of the database, is consequently forbidden without the prior written authorization of the Company and is liable to prosecution under articles L341-1 to L342-5 of the Intellectual Property Code. In particular, infringement on the rights of a database producer as defined in Article L. 342-1 is punishable by three years imprisonment and a fine of up to 300,000 euros
The logos, brands, services and companies presented on the web and mobile Applications under a name other than “Okargo” belong to the transport companies and are mentioned only for identification purposes. Similarly, the use of the Web Application does not grant you license to reuse or reproduce this information.
Applicable Law and Dispute Resolution
If an amicable solution is not found within thirty (30) days following receipt of the letter requesting a reconciliation meeting, the dispute shall be submitted for mediation in accordance with the mediation rules of the Paris Mediation and Arbitration Centre (CMAP – 39, avenue F. D. Roosevelt – 75008 PARIS), rules to which the Parties declare that they adhere. Unless otherwise agreed by the Parties, the duration of the mediation shall be fixed at a maximum of two months following the registered letter from one of the Parties triggering the application of this paragraph. At the end of the CMAP mediation, if the Parties have not found a solution or an agreement on the dispute submitted, the Parties may take legal action under the following conditions:
The present General Conditions of Use are subject to French law.
IN THE ABSENCE OF AN AMICABLE AGREEMENT WITHIN THE AFOREMENTIONED TIME LIMIT, JURISDICTION IS EXPRESSLY ATTRIBUTED TO THE COMMERCIAL COURT OF AIX-EN-PROVENCE (UNLESS EXCLUSIVE JURISDICTION IS GRANTED TO A DIFFERENT COURT), NOTWITHSTANDING PLURALITY OF DEFENDANTS OR APPEAL FOR GUARANTEE, EVEN FOR EMERGENCY PROCEDURES OR CONSERVATIVE PROCEDURES BY REFERENCE OR BY APPLICATION, and this, notwithstanding any clause to the contrary that may appear on the Customer’s printed matter or other documents.