Terms and conditions
Companies registered on the platform (Client, Freight Forwarder, Shipping Line) agree to these Terms and conditions, that any agent or employee of the registered parties can not change. Terms and conditions apply to all transactions conducted on www.celerco.com. Company reserves the right to refuse the requests involving shipments of weapons and ammunition, radioactive materials, drugs, obscene materials, live animals.
celerco ltd., the company that operates the platform, is not a transport provider, an agent of a transport provider, importer or exporter.
The use of www.celerco.com requires the compliance with the following set of terms and conditons:
1. Services provided
celerco.com offers an Internet auction platform for standardized ocean and air transport of goods.
2. The users
2.1. All importers, exporters, freight forwarders and shipping lines, as legal persons, can register as users.
2.2. To take full advantage of the facilities offered by the platform, we recommend using the latest versions of Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Apple Safari browsers, or other similar programs that you use.
3. Registration
3.1. The registration is done online on the platform by selecting „Create account” in the sections Client, Freight Forwarder or Shipping Line. After registration, the user receives by courier, a folder containing its username, password and the user's manual.
3.2. If permission to use platform is not granted, the user will not be liable in any way to the platform and will be informed by e-mail.
4. Legal obligations and contractual relationships
4.1. The only legal obligations between the user and celerco.com are related to preparations of the platform in accordance with these general rules for proper business conduct.
4.2. celerco.com is not imposed in contractual relations between the users. Thereby, celerco.com does not guarantee the orderly performance of contracts between users. Implementation of a particular contract negotiated depends exclusively on the users who are part of that business arrangement. celerco.com will not be involved in arbitration of legal disputes between users.
4.3. By creating their account on the platform, carriers (Shipping line, Freight Forwarder) agree to pay the tariffs applicable in case they win transport orders via celerco.com. Charges applicable are listed in the "About celerco" section of the platform.
4.4. Carriers are required to provide in the auction process, the all-in transport price in the currency requested by the customer in the RFQ. Optional, they can attach the detailed transport to the all-in bid submitted, in one of the document formats allowed by the platform.
4.5. By creating the account on the platform, customers, importers and exporters of goods commit to confirm the transport offer selected by clicking on the "Accept" button.
5. Conclusion of contracts between users (transport providers and customers)
5.1. The contractor and the provider of transport services transport services cannot be one and the same entity and they cannot operate in both capacities. This rule also applies when several persons from one company trade on celerco.com.
5.2. To enable progress of the auction in the best conditions, the user has to follow the auction on the platform and its e-mail(where information and notifications are received, at his request).
6. Service modification
celerco.com is entitled to make changes so that services be performed according to the contract, if changes are made in good faith and reasonable for the user, and if attention was paid to the interests of both parties. celerco.com will notify users about substantial changes in services offered.
7. Prohibited objects, legal interdictions
7.1. No illegal activity can be performed when using the platform, in order to carry out businesses and any goods or services that violate the law cannot be traded, in particular:
■ racist materials or any material that promotes racial discrimination or glorifies violence;
■ weapons, other weapons and parts thereof, ammunition, etc. ;
■ any products and services prohibited by law.
7.2. Users are required to apply their own requirements and rules that are in accordance with the law, when negotiating and trading transport contracts through celerco.com. This applies especially to payments to the state treasury, such as taxes, customs duties, import and export restrictions, to meet requirements and deadlines, permits, laws regarding storage and transport(for example, legislation related to dangerous goods), forms required by law, contractual obligations (capacity, legal entities, etc.), deadlines for evaluation, non-damage certificates etc.
8. Communication
8.1. Communication is done through the facilities offered by the platform, e-mail and teleconference systems that will be introduced. celerco.com time is defined as the oficial time when transactions take place.
8.2. If celerco.com issues a verbal communication, then celerco.com is obligated to confirm the content of this communication in writing and on platform, by e-mail, fax or in a letter at the request of its users.
8.3. Users and celerco.com will reply immediately to messages, unless an immediate response is not required..
9. Access security
9.1. When it registers, the user chooses a user name and password that give access to the platform. If more persons in a member company want to be active users on the platform, each of those persons must register as a secondary user and choose an individual username and password.
9.2. Users can change the username and password by accessing the section "Edit Account Information", from their customer or transporter account. A forgotten password can be changed from customer or transporter account, or by accessing the "Recover password" tool.
9.3. The user is obligated to keep the username and password secret. User is responsible for any misuse of its username and password.
9.4. celerco.com is entitled, for security reasons, to change your username or password, or to block an account. The user will be informed immediately about any possible change.
10. Obligations of users on cooperation and information
10.1. The user is required to provide fully and honestly all information requested by celerco at the time of registration.
10.2. The user will apply normal precautions when doing business on celerco.com. Especially, the user must take care that the platform functionality will not be hampered or delayed. User will apply rational security measures, with the current technologies for Internet access, so that the functionality of the platform will not be compromised. These security measures must ensure that any data corruption caused by viruses or similar phenomena, that result in the unwanted change, removal or deletion of information is prevented. User will inform celerco about any changes or problems that occur when using the account or from the platform, when they can weaken the efficiency or security of the platform. The user is required to immediately inform about any turbulences or threats to celerco.com functioning, and to report when such situations ceases.
10.3. The user is required to immediately inform about any turbulences or threats to celerco.com functioning, and to report when such situations ceases.
10.4. The user is required to inform celerco if an unauthorized third party has obtained a password or is likely to get it. This also applies when a person who previously had access to an account, has lost it recently.
10.5. The user is requested to cooperate when the platform is attacked by a third party, to the extent which the user is capable of such cooperation.10.6. The user is requested to notify immediately about any modifications of the information asked in the registration phase(changes of address, tax identification code, etc.).
10.7. The user cannot communicate on the platform information that can harm the rights of other users.
10.8. It is expected from a user to implement data security measures suitable to applications it uses.
11. Exclusion from the platform
celerco.com is entitled, at any time and with immediate effect, to block user's access to platform, especially in case of severe violations of a contract. This action requires the removal from its Internet pages of information related to parties excluded. celerco.com will take into account, as much as possible, the ongoing transactions.
12. Copyright, Licensing, Links
12.1. Webpages of celerco, including design and content, and in particular the illustrations, logos, symbols, samples, software, texts, etc.cannot be reproduced, copied, distributed, processed or rendered publicly without authorization. This also applies to software documentation and to all literature which refers to celerco services such as user's manuals, etc. Usage rights for the platform's software are the exclusive property of celerco. Programs cannot not be copied or distributed by the users.
12.2. Links to webpages of celerco are allowed. Links that offer a negative image about celerco are not allowed, especially those from or to pages whose content is illegal or offensive.
12.3. celerco is not responsible for the content of third party websites, even if celerco refers to them.
13. Guarantees
13.1 celerco is not responsible for cases in which the intentions stated by the user regarding celerco or other users cannot be stored, transmitted or processed due technical reasons.
13.2. Platform users, importers, exporters and transporters are checked thoroughly before being given access to the platform, but celerco does not guarantee the veracity of identity or existence of users.
13.3. celerco does not guarantee the execution of contracts concluded by the users of the platform. Furthermore, celerco does not guarantee that the goods and services that are subject to transactions between users will be flawless.
14. Limits of liability
14.1. celerco is not responsible for the pilot or test versions of programs that are specifically named "version alpha" or "beta".
14.2. Despite serious testing and security control is not possible to develop software(computer programs, etc.) and hardware (computers, data processing units and accessories, etc.), where errors can be excluded entirely. Also, the availability of the Internet environment cannot be always guaranteed. celerco.com is not therefore responsible in the event that its pages are not available to its users without interruption. In particular, our responsibility is excluded in case technical problems prevent the data introduced by users to be accessible or to be processed properly and correctly.
14.3. celerco.com is responsible for the data and/or programs loss only to the limit of its efforts to restore lost information, providing that user will implement regularly and adequately data security measures, thus providing the possibility of information recovery.
14.4. Additionaly, celerco is responsible for the damages caused intentionally or resulted from clear negligence. In terms of indirect damages, celerco does not assume any responsibility.
14.5. The above rules apply also to employees and subcontractors.
15. Prohibition of services, complaints and objections
15.1. The user has no right to prohibit services of the platform.
15.2. Complaints and objections on transport contracts intermediated cannot be put by the users in charge of celerco.com.
16. Data protection and security, information assessment
16.1. Backups of data on servers of celerco.com are carried out regularly.
16.2. The user must realize that data transmission over the Internet implies the risk that third parties could capture and evaluate data.
16.3. User data can be transmitted by celerco to strategic partners. Confidential user information and internal company data are not transmitted.
17. Court jurisdiction
17.1. In the event of a dispute about the contract to use the platform, the parties will try to settle it amicably. If this is not possible, disputes arising in connection with these contracts between celerco.com and its users shall be settled by arbitration organized by the Maritime and Commercial Court of Arbitration attached to Chamber of Commerce, Industry, Navigation and Agriculture Constanta in accordance with the Arbitration Rules of the Chamber. The arbitral award is final and binding. Court will hear the dispute, enforcing Romanian law and will issue its ruling within 3 months from the date of its constitution.
17.2. celerco.com has the right to file complaints against users in legal matters.
18. Modification of terms and conditions
18.1. celerco reserves the right to modify the terms and conditions with a prior notice of 30 days, users having the right to continue or to quit using the platform.
18.2. celerco will notify users by e-mail, letter or fax about modifications of terms and conditions within a reasonable period of time before they take effect.
19. Written form
Modifications to a contract will be made in writing. Modifications of the terms and conditions will also be made in writing. E-mails are admitted when modifications are required.
20. Legal force
Laws of the countries where the platform operates will govern.
21. Disclaimer clause
If certain specific terms of these business principles are without effect, force of the remaining clauses is not affected. Clauses without effect within a contract shall be solved by the contracting parties in a way that meets, as much as possible, the purpose of these clauses. Any lack or flaw in a contract will be settled in good faith by the contracting parties.