I hereby agree that the installation of the Software, its operation and related Services will be governed by the following terms and conditions.
1. Interpretation
1.1. In these Terms and Conditions, unless the context otherwise requires, the following expressions shall be interpreted as follows:
1.1.1."JACARGO " means the software/app/service center operated by JACARANDA CORPORATION LIMITED that established in HONG KONG;
1.1.2." Participating Trucks" means the trucks that have entered into an agreement with " JACARGO " to accept your order for the provision of relavent services through "JACARGO" and provide services in accordance with the content of the order;
1.1.3."Relavent Services" means the services listed in paragraph 3.1.;
1.1.3."The Software" means the "JACARGO" program related to these Terms and Conditions;
1.1.4."These Terms and Conditions" means these Terms and Conditions as amended from time to time in accordance with paragraph 8.1.;
1.1.5."Advertisement" means the promotional message that appears on your mobile terminal when the Software is running.
1.2. These Terms and Conditions set out the entire agreement between " JACARGO" and you regarding the use of the Software and Related Services.
2. License of the software
2.1. You are allowed to install a set of the software on your mobile terminal for personal use, but you may not use the software and related services for any other commercial purpose.
2.2. You may not rent, lease, sublicense, distribute or transfer copies of the software or grant the license of the software to any third party.
2.3. You may not install and/or execute the Software on any other device except for mobile terminal devices running an operating system approved by " JACARGO".
2.4. Except for the license granted under paragraph 2.1., these Terms and Conditions do not grant you any other licenses or rights. "JACARGO" and its suppliers hereby reserve ownership and all other rights in the Software.
3. Services
3.1.The services provided by "JACARGO" include issuing the personal information submitted by you to "JACARGO" through the software and the details of the truck itinerary you proposed to the participating trucks for the participating trucks to receive and select, and also include providing you with other information about the participating trucks, itineraries and the services you use.
3.2."JACARGO" only provides neutral, independent and free third-party information intermediary services for you and the participating trucks . You agree and acknowledge that "JACARGO" is not your agent or the agent of the participating trucks, nor is it any party to the contract for hiring participating trucks.
3.3. You must keep any user name and password provided to you by "JACARGO" in connection with the software and related services properly and cannot disclose it to third parties.
3.4. You should keep your mobile terminal device, user name and password properly. "JACARGO" will assume that any person using your mobile terminal, user name and password will be you or your authorized person.
4. Charge for Using
The relavent services are provided to you free of charge, unless specifically stated.
5.Links and Advertisements
5.1."JACARGO" will do its best to ensure the authenticity and accuracy of advertisements;
5.2."JACARGO" reminds you that when accepting advertisements, please be sure to carefully inquire about the details and timeliness of the advertisements published by the advertisers.
6. Liability Clause
6.1. The software is delivered to you in an "as is" form. Although "JACARGO" has made its best efforts to ensure that the software can work properly in your mobile terminal, "JACARGO" does not guarantee the performance of the software and the compatibility of the software with your mobile terminal.
6.2."JACARGO" will try its best to ensure the supply of the relavent services , the supply of trucks obtained through the use of the relavent services, the data provided as part of the relavent services and the accuracy of the data, or the quality of the services provided by participating trucks.
6.3. You should pay special attention to: after "JACARGO" provides service information, you have the obligation to conduct appropriate review of the service provider and decide whether to accept the service. You must package the subject matter appropriately in accordance with the provisions of the LOCAL COUNTRY/AREA’ ACTs where we provide service to facilitate the service provider to provide services and bear the legal responsibilities throughout the service process within the scope of the law.
6.4. You should pay special attention to: according to LOCAL COUNTRY/AREA’ ACTs and regulations where we provide service, your subject matter must not contain prohibited items. If there are dangerous goods, you must inform the service provider and "JACARGO" in advance, and "JACARGO" and the service provider have the right to refuse to provide services.
7. Data Privacy
7.1. You need to provide personal data to "JACARGO" to enable the use of certain functions of the software. You agree that "JACARGO" may use the personal data (i.e. your name and contact number) that you provide to "JACARGO" from time to time when using the software for the purpose of providing the relavent services.
7.2. You agree that "JACARGO" has the right to collect, use, retain and update your personal data to the extent and time required when providing the relavent services to you, and you confirm that the personal data you provide is true, correct and up-to-date.
7.3. You further expressly agree that "JACARGO" has the right to transfer your personal data to participating trucks when necessary, including but not limited to when you are looking for a truck to accept a reservation, when the truck driver confirms/clarifies the reservation information with you, and when "JACARGO" provides the relavent services to you and needs to track the reserved truck.
7.4. You further agree that the collection, use, storage and transfer of your personal data are generally subject to the privacy policy and personal data collection statement of "JACARGO", and you must read and understand the above policy and statement before agreeing to these terms and conditions.
8. Miscellaneous
8.1. " JACARGO" may modify these terms and conditions from time to time. "JACARGO" will endeavor to draw your attention to them through various means after the modification and to review the latest terms in a timely manner.
8.2. These terms and conditions shall be governed by and interpreted in accordance with the laws of HONGKONG district. and both parties agree that any dispute arising from or in connection with this agreement shall be submitted to Hong Kong International Mediation Centre (HKIMC) for mediation, which shall be conducted in accordance with the Hong Kong International Mediation Centre’s Mediation Rules in effect at the time of mediation. Any settlement reached in the course of the mediation shall be referred to the Hong Kong Centre of International Commercial Arbitration (“HKCICA”) and shall be made a consent award on agreed terms. If no settlement is reached, it shall be referred to and finally resolved by arbitration administered by the Hong Kong Centre of International Commercial Arbitration (“HKCICA”) in accordance with the Arbitration Rules of the Hong Kong Centre of International Commercial Arbitration ("HKCICA Rules") for the time being in force by one or more arbitrators.
9. Usage Guidelines
9.1. You may not use "JACARGO" to conduct or promote any illegal activities;
9.2. You may not use "JACARGO" to generate email advertisements or spam;
9.3. You may not use "JACARGO" to track, harass or harm another person;
9.4. You may not interfere with the normal operation of "JACARGO" or damage the server or network connected to "JACARGO" in any way, or violate the network requirements, procedures, policies or regulations connected to "JACARGO";
9.5. You may not use "JACARGO" to impersonate anyone.