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Terms of use
Unless you or the organization to which you belong have entered into a separate agreement with us
covering your subscription, these Terms of Service (together with the documents referred to in them, the
“Terms”) establish the terms under which you may make use of the services which are made available to
you via our software platform at https://dubee.app (the “Services”), as
well as all information and data made available to you in connection with the Services (the “Content,” as
defined below). If you have entered into a separate Services Agreement with us to use of the Services,
then that agreement will apply instead of these Terms.
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS;
IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Terms of use
Welcome to Dubee, a service offered by Dubee Agency Ltd (in the text below referred as “Dubee” “we” and “us”)! Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@dubee.app
These Terms of Use (the “Terms”) are a binding contract between you and Dubee. You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.
NOTICE: Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver, and resolution of disputes.
What is Dubee?
Dubee is a real-time collaborative platform that connects anyone, anywhere to exchange documents and informations in the area of logistics and customs. On Dubee, users work together in real time using a web software interface. In short, Dubee provides a shipping and logistics platform that allows organizations that need logistics services, organizations that provide logistics and customs services, transportation providers and other users to connect with each other for the purposes of creating shipments and exchanging related documentations and informations. Certain parts of the Services may also allow to all of the participants to track shipment statuses and phases in real-time from creation to delivery of the shipment. For purposes of these Terms, all the participants (Shippers, 3PL, 4PL, Carriers, Transportation Providers other users and/or visitors to the site will collectively be referred to as “Users”.
Will these Terms ever change?
These Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Services, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Will Dubee ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to change the Service at any time, but if we do, we will bring it to your attention by placing a notice through the Services, by sending you an email, and/or by some other means.
What do the Services cost?
The fees for the Services will be as described in the commercial document between you and Dubee or Dubee Distributor. You agree to pay the fees stated therein. Payment type (credit card or bank transfer) will be also agreed in commercial document, Payment should be made in advance on or shortly after the date you subscribe for a paid plan and each month thereafter, until terminated by you or us or the distributor, if not otherwise stated in commercial document between you and Dubee or Dubee Distributor. The fees are non-refundable, except as expressly stated otherwise in these Terms.
We and the Distributor also reserve the right to change our fees or payment plans at any time. If you do not agree to such change, you must ask us to delete your account and stop using the Services within 30 days of the date the new fee or payment plan becomes effective. We will only charge you in respect of the period before termination and based on the old fee or payment plan. If you do agree to such change (which will be deemed from your continued use of the Services after the date the new fee or payment plan becomes effective), your next bill will include the new fees on a pro rata basis.
How do I access the Services?
In order to use the Services, you may be required to register for an account, identify which type of User you are, complete a verification procedure and select a user name and password. (“Account Credentials”).
You promise to provide us with accurate, complete and updated registration information about yourself. You may not create an account, select Account Credentials, or otherwise use the Services using any name, information, account or Account Credentials that you do not have a right to use, or using another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You will not share your account or Account Credentials with anyone, and you must protect the security of your account and your Account Credentials. You’re responsible for any activity associated with your account.
In using the Services, you represent and warrant that:
(i) you are an individual of legal age to form a binding contract. If you are agreeing to these Terms
on behalf of an organization or entity, you represent and warrant that you are authorized to agree
to these Terms on that organization or entity’s behalf and bind them to these Terms (in which
case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that
organization or entity).
(ii) You will only use the Services for your own internal, business or personal use, and only in a
manner that complies with all laws that apply to you.
(iii) You will not contribute any Content or User Submission (each of those terms as defined below) or
otherwise use the Services or interact with the Services in a manner that:
(a) Infringes or violates the intellectual property rights, privacy rights, or any other rights of
anyone else (including Dubee);
(b) Violates any law or regulation, including, without limitation, any applicable export control laws;
(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise
objectionable;
(d) Jeopardizes the security of your account or anyone else’s (such as allowing someone else to
log in to the Services as you);
(e) Attempts, in any manner, to obtain the password, account, or other security information from
any other user;
(f) Violates the security of any computer network, or cracks any passwords or security encryption
codes;
(g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any
processes that run or are activated while you are not logged into the Services, or that otherwise
interfere with the proper working of the Services (including by placing an unreasonable load on
the Services’ infrastructure);
(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or
Content (through use of manual or automated means);
(i) Copies or stores any significant portion of the Content;
(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying
ideas or information of or relating to the Services;
(k) Uses the Services for timesharing or service bureau purposes or for any purpose other than
your own use;
(l) Bypasses any security or other features of the Services designed to control the manner in
which the Services is used, harvests or mines Content from the Service, or otherwise accesses or
uses the Services in a manner inconsistent with individual human usage;
(m) Accesses, tampers with or uses non-public areas of the Services Dubee’s (and its hosting
company’s) computer systems and infrastructure or the technical delivery systems of Dubee’s
providers;
(n) If you are a Driver, uses the Services while driving;
(o) Competes with Dubee with respect to the Services offered;
(p) Violates the terms of any agreement you enter into with Dubee, including any Subscription
Agreement, these Terms, or any Additional Terms;
(q) Assists anyone else is doing any of the foregoing.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
Acceptable Usage of the Services
You may use Service for your own business or organisational purposes
You must not:
- use our Service in any way or take any action that causes, or may cause, damage to the Service or impairment of the performance, availability or accessibility of the Service.
- use our Service in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity
- use our Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below), and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, or otherwise exploit for any purpose any Content not owned by you.
We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
What are my rights in the Services?
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions may be viewable by other Users. In order to display your User Submissions on the Services, and to allow other Users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.
For all User Submissions, you hereby grant Dubee a perpetual, irrevocable, transferable, worldwide, royalty-free, and non-exclusive license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer), reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below.
If you store a User Submission in your own personal account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Dubee the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission only in a manner that only certain specified group of Users can view (for example, if you are a Importer, sharing your personal information in a way that is viewable only to Brokers or Carriers that you invited to your shipments, in addition to Dubee) (a “Limited Audience User Submission”), then you grant Dubee the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified group of Users, and providing the Services necessary to do so. Also, you grant such other specified group of Users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
All of the above are licenses only - your ownership in User Submissions is not affected. You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide.
Finally, you understand and agree that Dubee, in performing the required technical steps to provide the Services to our Users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
Responsibilities
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any Users with whom you interact in using the Services and are not responsible for which Users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services. You represent and warrant that you own all rights in and to any User Submission, or that you have obtained all necessary rights and/or permissions to make and submit the User Submission and to grant the licenses to such User Submissions contained herein.
The Services may contain links or connections to third party websites or services that are not owned or controlled by Dubee. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Dubee is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Dubee shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Dubee is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Dubee, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
What if I want to stop using the Services?
You’re free to stop using the Services at any time. No refunds will be provided for any fees paid prior to termination.
Dubee is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Dubee has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. Account termination may result in destruction of any Content or User Submission associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important Content or User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Company.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
Do any other terms apply?
If you are using the Services through Dubee as an organization that provides logistics services (Shipper), you also agree to the additional terms in this section.
You represent and warrant that you are one of the following services operators: a bona fide shipper, freight broker, third-party logistics provider (“3PL”), fourth-party logistics provider (“4PL”), freight forwarder, intermodal shipper, rail company, motor carrier, customs agent or an individual engaged in the bona fide business of shipping.
You agree to maintain all requisite and appropriate authority (including all applicable permits and registrations) to operate as a Shipper and will cease immediately to use the Services if for any reason you no longer maintain such authority. Without limiting the foregoing:
- You will not represent yourself as operating under the authority of any person or entity without the express, verifiable authorization from such person or entity;
- You will not attempt to ship or broker freight without proper legal authority (including, without limitation, all necessary permits and registrations);
- You represent that your use of the Services is solely for your commercial purposes related to your movement of freight or other services offered on the Services and that you shall not reproduce, republish, resell, or distribute such information in any format, in whole or in part, for sale or commercial use by third parties.
You agree not to ship and track through our Services contraband, stolen products, products that are illegal to transport via freight, or any other products we, in our sole discretion, deem inappropriate;
If you are using the Services through Dubee as an organization that provides logistics services (Broker, 3PL, 4PL, Freight Forwarder, Carrier or a Driver), you also agree to the additional terms in this section:
You shall maintain all requisite and appropriate authority (including all applicable permits and registrations) to operate as a Broker, 3PL, 4PL, Freight Forwarder, Carrier or a Driver, as applicable, and will cease immediately to use the Services if for any reason you no longer maintain such authority. Without limiting the foregoing:
- You will not represent yourself as operating under the authority of any person or entity without the express, verifiable authorization from such person or entity;
- You will not attempt to broker freight without proper legal authority (including, without limitation, all necessary permits and registrations);
- You will not enter into a transaction to transport freight outside the geographic bounds of your carrier authority;
- You will not enter into a transaction to transport commodities or any other freight you are not authorized to transport;
- You represent that your use of the Services is solely for your commercial purposes related to your movement of freight or other services offered on the Services and that you shall not reproduce, republish, resell, or distribute such information in any format, in whole or in part, for sale or commercial use by third parties; and
- You acknowledge that you are responsible for verifying the accuracy of any information available on the Services, including but not limited to information about loads, truck or equipment, and that you are not solely relying on the information available in the Services to contract with a Shipper.
You agree not to ship and track through our Services contraband, stolen products, products that are illegal to transport via freight, or any other products we, in our sole discretion, deem inappropriate;
You agree your contact information may be displayed, used, and accessed by any other user of the Service. Contact information includes but is not limited to, your name, your company name, your MC and/or DOT numbers, your phone number and your email address. You hereby understand and acknowledge that it is the Users of the Services, and not Dubee, who provide the contact information, and you further acknowledge that Dubee makes no warranty regarding the accuracy of any such contact information.
What else do I need to know?
Warranty Disclaimer. Neither Dubee nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services including Content and User Submissions, and we disclaim responsibility or liability for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Dubee makes no representation, warranty or guarantee that any successful commercial result will be obtained as a result of any use of the Services, including, without limitation, that any use of the Services will result in your employment or engagement through the Services. Dubee is not liable or responsible to you, the recipient of any shipments, or anyone else for any shipments contracted for through the Services that may become lost or cannot be located while in transit. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Dubee or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY Dubee (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL Dubee (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO Dubee IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold Dubee, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Dubee’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under the laws of England and Wales., without regard to the conflicts of laws provisions thereof.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Dubee may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Dubee agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Dubee, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Dubee, and you do not have any authority of any kind to bind Dubee in any respect whatsoever.
Our details
This service is owned and operated by Dubee Agency Ltd.
We are registered in United Kingdom under Company number 12929979 Members of the Board are Krunoslav Pribanić, Bruno Ramljak and Erika Sampaio Ramljak; Phone +44 (0) 20 7901 3404, E-mail: info@dubee.agency.