General conditions of use

Important

If you are using a test account, the prices displayed for a shipping company are fake and are used only as an example. This is not to be taken as the actual price of the shipping company in question, which may be higher or lower in reality. 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, natural or legal persons.

By using the service, you agree to abide by all the General Terms of Use. If this is not the case, or if you refuse a subsequent modification of the General Conditions of Use of the Web or Mobile Applications, you must stop using the Okargo service.

Definitions

Company: EUREKA SAS is a simplified joint stock company with a share capital of 109,960 euros, whose registered office is located at 32 avenue André Roussin 13016 in MARSEILLE, registered in the MARSEILLE Trade and Companies Register under number 793 300 419, represented by Julien Chapus, General Manager.

Okargo: refers to the entire freight rate comparison service and includes the Web Application and the Mobile 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.

Mobile Application: the iPhone mobile application developed by the Company available on the AppStore, and the upcoming Android application OKARGO available on Google Play.

Shipping Company: the legal entity offering the transportation service via its website.

Test Account: version based on dummy prices allowing the user to test the web and/or mobile Application for free in order to estimate the potentiality of the service.

Full version: means the complete Okargo service including the web and mobile Applications and providing the comparison of freight rates based on the price grids transmitted by the user, for an indeterminate period and subject to subscription.

Trial phase: free trial period of the Okargo service for a period defined in the Special Conditions and preceding the full 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 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 his journey on his e-mail address and access the information necessary to make his reservation.

The hyperlinks on the web and mobile Application entitled “company website”, refer to the timetable pages of the transport companies and make you leave the Okargo service.

For the use of the Okargo service, in trial phase or in full version, the Client transmits its price grids to the Company which integrates them 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 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.

In addition, in the full version, the client can access the rates provided by the shipping companies directly to Okargo and published on the website after agreement with them. These rates will be displayed in the Client’s search results in the same way as the rates from the Client’s own grids. The Company and the Client agree to keep this data confidential and not to transmit it to any third party, notwithstanding any subcontracting agreement containing a confidentiality clause.

IMPORTANT: If you are using a test account, the prices displayed are fake and are used only as an example. This can in no way be considered as the prices charged by the shipping company in question which may be lower or higher in reality. On the other hand, the operational information is real.
You are also subject to the entirety of these General Terms of Use, including the provisions of the “intellectual property” and “user responsibility” clauses.

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 the 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 the User 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, to modify the content of the web and mobile Applications, 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 test 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 3000 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 test account, allowing the User to discover the service on the basis of dummy prices, so that the User can get an idea of how the Okargo service works.
A normal account accessible by subscription, for which the User must provide his price grids. 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 to transfer his login and password to a shipping company. This will be considered as a serious breach of contractual obligations, and may be considered as 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.

The Client who does not respect these prohibitions is liable to sanctions and prosecution under these same codes.
In particular, it is punishable by three years imprisonment and a fine of 300,000 euros to infringe the rights of the producer of a database as defined in Article L. 342-1.

The use of our services through his account will be considered as made by him. If the Customer believes that the integrity of his account has been compromised, he must inform the company as soon as possible at contact@okargo.com.

The Customer undertakes to transmit to Okargo only price lists that are free of all rights and confidentiality, and the Customer is responsible for obtaining the necessary authorizations to transmit 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.

If the Customer uses the Mobile Application, he is entirely responsible for installing updates to the application and updating his e-mail address and cannot hold Okargo responsible for any prejudice resulting from a failure to meet these obligations.

Management of personal data

Okargo respects the information that users are led to transmit 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 the publication Adrien Guiennet.

When using the service, the User transmits information to OKARGO in order to be associated with a username and password for the opening of a secure account assigned exclusively to this User. It is through this account that the User will be able to access the requested service

For the operation of the service, and in order to identify the User, OKARGO keeps and holds :

  1. administrative data: last name, first name, e-mail address, position, company, business address and telephone number.
  2. 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 communicated 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 of the service, or in the online form for the Test 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, updating or deletion of the 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.

Intellectual property

The general structure and content of the Okargo service (data, structuring and content of databases, source codes, texts, logos, software, images, photographs, graphic charter, design, algorithms, etc.) are the exclusive property of the Company. Adherence to these General Terms of Use, consultation of the web and mobile Applications, as well as the allocation of identifiers (User name and password), do not constitute in any way a transfer of rights or a license for reuse or reproduction.

Any exploitation, extraction, reuse, reproduction, partial or total, of the web or mobile 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. It is particularly punishable by three years imprisonment and a fine of 300,000 euros to infringe the rights of the producer of a database as defined in Article L. 342-1.

The logos, brands, services and companies present 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 and Mobile Applications does not grant you a license to reuse or reproduce this information.

Applicable Law and Dispute Resolution

In the event that a stipulation of the present General Terms of Use is null and void in application of a law or regulation, or if a court judges it to be unenforceable or without legal effect in whole or in part, the other stipulations of the General Terms of Use shall retain their full binding force.

In case of difficulty resulting from the use of the Okargo service, the web or mobile Applications, or the interpretation of the present General Terms of Use, the parties undertake to send the other a letter by registered mail requesting a conciliation meeting. Within 15 days after receipt of the said letter, the parties shall meet. The decisions, if agreed upon, will have contractual value and will be recorded in writing.

If an amicable solution is not found within thirty (30) days following receipt of the letter requesting a conciliation meeting, the dispute shall be submitted to 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.