Olaport.com domain is owned by and is a subsidiary of RK Container line Pvt Ltd here will be referred by Olaport. Olaport.com and its subsidiaries and affiliates and Associate Companies (individually and/or collectively, “Olaport,” “we,” “our,” or “us”) provides these Terms & Conditions. By Agreeing Our Terms and conditions and by user’s continued use of this website, you agree that you understand the terms and conditions of this agreement and that you agree to be legally bound by this agreement as they may be modified by Olaport from time to time. If you do not agree to the terms and conditions contained in this agreement or Olaport’s policies, please do not use Olaport’s Services or its platform. User’s continuance of usage of this Website is acknowledgment of acceptance of terms and conditions under this agreement, including all modifications..
For the purpose of Agreement, wherever the context so requires, the term:
"Agreement" is a reference to the terms and conditions contained in this agreement and any Olaport policies relating to the use of the Website.
"Buyer" shall mean any Person who is willing to buy Freight Services from Olaport or the Sellers using the Website.
"Force Majeure Event" shall mean any event that is beyond the reasonable control of Olaport and shall include, without limitation, sabotage, fire, flood, explosion, act of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorized access to computer data and storage device, computer crashes, virus attacks, breach of security and encryption, and any other similar events not within the control of Olaport and which Olaport is not able to overcome.
"Freight Services" shall mean services as more specifically displayed on Olaport’s Website from time to time by Olaport , the shipping lines or the sellers, offering domestic and international transportation and logistics services, and associated services including freight insurance or customs brokerage services, trade finance, etc.
"Information" is a reference to any requests for quotes you list, any information you provide to Olaport or other members of this Website in the registration, bidding or listing process, in public messages through any email feature that Olaport provides, and includes descriptions of the services and any content you post within Olaport’s Website.
“Member” shall mean a Buyer who has entered into the necessary agreements (i.e. The Digital Freight platform Customer/User Agreement or the Vendor/Supplier Agreement, as applicable) and been granted access to the Website by Olaport.
"Person" shall mean an individual, a corporation, a partnership, a joint venture, a trust, an unincorporated organization or any other legal entity.
“Services” or “Olaport’s Services” shall mean the services provided by Olaport as defined in Section 2 below.
"Seller" shall mean any Person, including, inter alia, a freight forwarder, non-vessel-operating common carrier (“NVOCC”), insurance company, financial institution, customs broker, surface freight forwarder, property broker, motor carrier, warehousing services provider, or other professional vendor, who is willing to provide Freight Services to the Buyers using the Website.
“User” refers collectively to any party, Buyer, Seller, or other, that is using the Olaport Website or Olaport Services.
A reference to "Olaport", "Olaport’s" and "Company" is a reference to Olaport.
The references to "you", “your” and "User" refer collectively to User, and each of User’s employees, agents, contractors, related bodies corporate or other third parties who access this website on User’s behalf and acting with User’s express or implied authority.
Olaport provides digital International freight forwarding services for importers and exporters covering door-to-door shipments. As part of this spectrum Olaport may choose to provide support services to Sellers including but not limited to warehousing, logistics coordination, support call center, payment facilitation and other services. Olaport acts as a freight platform for importers and exporters for transportation to get instant freight quotes, freight bookings and tracking services and therefore, does not exercise ownership or control over the goods being imported or exported. The Buyers purchasing Freight Services on the Website fully understand that Olaport does not have control over shipments arranged on the Website, but will use its best efforts to ensure the relevant status updates and other information related to the Freight Services are available to Buyers.
The domain name Olaport.com is owned by R.K Container Line Pvt Ltd. The Website serves as an online digital freight platform for the freight quote, booking, tracking of ocean and surface transportation, logistics and other allied services.
To the extent that there is a conflict between this Agreement and any other documents executed between you and Olaport, the provisions of this Agreement will govern, unless you agree otherwise with Olaport in a written agreement.
Other documents which operate in conjunction with this Agreement and which are incorporated into this Agreement by reference include:
- The Digital Freight Platform Customer/User Agreement
- The Olaport Privacy Policy
You should read the applicable agreements and policies carefully. These documents and this Agreement may be updated by Olaport from time to time.
Olaport may at any time modify any of the terms and conditions of this Agreement and/or the terms of Olaport’s policies. Unless Olaport notifies you in writing or otherwise, modifications to this Agreement or Olaport’s policies are effective upon being posted on the Website. You agree to check this Website regularly for modifications and other notices. User’s continued use of the Website following a modification of this Agreement or a policy constitutes User’s acceptance of all modifications posted on this Website. If you do not agree to a modification, you may terminate this Agreement by notifying Olaport in writing and/or discontinue using this Website and the Services. If, after any changes to this Agreement or any of Olaport’s policies, you continue to use Olaport’s Website, you will be considered to have accepted the varied terms and conditions as part of the Agreement.
Use of the Website is available only to Persons who can enter into legally binding contracts. Olaport reserves the right to terminate any Person’s use and/or refuse to provide such Person with access to the Website if it is brought to Olaport’s notice or if it is discovered that such Person is not eligible to use the Website.
Completing the registration process on the Platform gives you access to the functionality of the Platform and enables you to make Bookings through the Platform.
To register with the Platform, you (or your Users) must supply us with the following information: name, name of employer, email address, phone number and password.
Your Users will be deemed authorised to represent you and authorised to order Freight Services and Add-On Services and to make Bookings on your behalf and it is your responsibility to ensure your Users are so authorised.
You and your Users must keep your and their passwords strictly confidential and secure and must notify us immediately if any third party becomes aware of that password or if you become aware of any unauthorised use of your or your Users’ passwords or if there is any breach of security known to or suspected by you so we can disable the password. You agree that any person to whom you or your Users’ passwords are disclosed is authorised to act on your behalf for the purposes of using (and / or transacting via) the Platform and with us.
You agree that you are responsible for the acts and omissions of your Users and you agree to ensure all your Users are aware of, and comply with, these Terms of Service,
You agree to ensure that all information provided by you and / or your Users to us (whether through the Platform or otherwise) is and continues to be true, complete, accurate and not misleading and you agree to promptly inform us of any changes or updates to such information.
We and our Providers will wherever possible supply you with the Quotations you request from us. Where the Quotation has a fixed validity period, we will let you know so you can accept or decline the Quotation within the validity period. Where the Quotation does not have a fixed validity period, it may be withdrawn at any time.
When you purchase the Freight Services and Add-On Services, you will be deemed to accept the Olaport Terms for the Freight Services and Add-On Services. When you purchase the Provider Add-On Services, you will be deemed to accept the Provider’s terms and conditions for the Provider Add-On Services.
Once you purchase the Carrier Services and / or the Add-On Services, you will be deemed to have made a legally binding Booking which is governed by these Terms of Service and, as applicable, the Olaport Terms and the Specific Terms. The Olaport Terms and the Specific Terms shall be deemed part of these Terms of Service for the supply of the relevant Services in relation to the Booking.
Once the Booking has been made, one of our team will contact you to obtain further information about the Booking which will include information about the Goods, information about payment and information about the Collection Point and Delivery Point for the Goods. You agree to promptly provide our team members with the information they request from you about the Booking.
You acknowledge that the Quotations will be generated based on the information you provide to us and to the Provider. You agree that you are responsible for the accuracy and completeness of the information you provide to us and to the Provider and that we have no liability to you for any inaccurate or incomplete information provided by you. You must ensure that all information supplied by you (or your Users) is accurate and complete.
If you want to change the information you give us (for example, if you want to make a change to the dates of collection and / or delivery for the Goods), please let us know as soon as possible. We will endeavour to accommodate your request (but we cannot guarantee this) and we will agree to any applicable additional Charges with you.
Where you have purchased Provider Add-On Services and you want to change the information you have supplied to the Provider, please let us know as soon as possible. We will work with you and the Provider to accommodate your request and to agree any applicable additional Charges with you.
We reserve the right not to offer and to cancel your Quotations if we believe the Goods are unsafe or unlawful to transport, or where you have not complied with your Payment Terms or you have exceeded your Credit Limit, or where you have otherwise breached these Terms of Service.
Olaport doesn’t guarantee for the freight charges mentioned on the platform, the freight rates can change any time without prior notice to the members.
The buyers or members need to take the approval from the customer service representatives of Olaport before booking the shipment.
Olaport doesn’t have control on shipments once its booked. The schedule and time of the vessel or aircraft can change without prior notice to the members. The shipment schedule is under the control of shipping lines / airlines or Carriers of the freight.
We may agree to provide you with additional Olaport Add-On. All such additional Olaport Add-On Services shall be deemed “Olaport Add-On Services” within the scope of these Terms of Service subject to such other written terms as we may agree with you in respect of those additional services.
We will endeavour to correct any errors or omissions in the Platform and the Platform Services as soon as practicable after being notified of them. However, we do not guarantee that the Platform or the Platform Services will be free from errors or faults.
We do not warrant that your use of the Platform and / or the Platform Services will be uninterrupted.
You accept the risk of the transmission of viruses and harmful code associated with the use of any online services and you agree to put your own anti-virus protection and other security measures in place to protect your hardware, software, information and data.
We assume no responsibility for the content or services of any other websites to or from which the Platform or the Platform Services has links. The links are provided with no warranty for the information provided within those websites. Those websites will be governed by their own terms and conditions and privacy policies which you should carefully review.
You (and your Users) agree not to use the Platform or the Platform Services to do any of the following:
This Privacy Policy has been designed and developed to help You to understand the following:
a) send, receive, post or display any material which infringes the Intellectual Property Rights or other rights of any third party;
b) use the Platform or the Platform Services in any way which breaches any laws or regulations;
c) furnish, send or post any inaccurate or incomplete or misleading data or material;
d) attempt to circumvent our security or network including accessing data not intended for you;
e) use, deliver or transmit any viruses or other technologically harmful software, code, file or programme;
f) interfere or attempt to interfere with the proper working of the Platform, the Software or the Platform Services;
g) attempt to copy, store, modify, duplicate, create derivative works from, frame, mirror, republish, transmit or distribute the Platform, the Software or the Platform Services or any data obtained from the Platform (in whole or in part);
h) attempt to decompile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Platform, the Software or the Platform Services;
i) access all or any part of the Platform, the Software or the Platform Services to build a product or service which competes with the Platform, the Software or the Platform Services;
j) use the Platform, the Software or the Platform Services to provide services to third parties;
k) licence, sell, rent, lease, transfer, assign, distribute, display, disclose or otherwise commercially exploit, or otherwise make the Platform, the Software or the Platform Services available to any third party except the Users;
l) attempt to obtain, or assist third parties other than the Users in obtaining access to the Platform, the Software or the Platform Services; or
m) use the Platform, the Software or the Platform Services for any purpose except for the purposes for which they are provided.
Olaport offers the Services to its Users. By agreeing to the terms and conditions of this Agreement, you acknowledge that you are eligible to enter into legally binding contracts of this nature. Olaport reserves the right to change its services and suspend, terminate or restrict User’s membership at any time, in accordance with the terms of this Agreement or Olaport’s policies. Olaport may, solely at its own discretion, suspend or terminate your membership and may prevent you from accessing Olaport’s Services either temporarily or permanently. If your membership is suspended or terminated, you are prohibited from applying for a new membership account with Olaport, unless otherwise agreed to in writing by Olaport. A User’s membership is not transferable. Your account (including feedback and any associated user identification) may not be dealt with in any way by any third parties. Third parties must not be permitted to use your account and you are prohibited from transferring or selling your account to a third party. You shall be responsible for maintaining the confidentiality and security of the password and for all activities that occur in and through your account. As a Member you are responsible for maintaining control of your account and for any activity that occurs on User’s account. To maintain the safety of the Website and Olaport’s Services, you must report any unauthorized use of your account and associated user identification to Olaport as soon as possible after becoming aware of the unauthorized use. Any response from Olaport regarding this will be sent to the e-mail address which was used at the time of sign up. You shall ensure that you exit from the account at the end of each session. Use of another user’s account information for availing the Services of the Website is expressly prohibited. You hereby agree that if you provide any information that is untrue, inaccurate, not current or incomplete, (or becomes untrue, inaccurate, not current or incomplete) or if Olaport has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with this Agreement, Olaport shall have the right to indefinitely suspend or terminate your membership on the Website and block your access to the Website.
Olaport exclusively owns all rights, title and interest in, and to any software, tools, utilities, processes, inventions, devices, methodologies, specifications, documentation, techniques and materials of any kind used or developed by Olaport in connection with the Website (collectively “Olaport Materials”) as well as any text, data, images, information or other materials that are posted, generated, provided or otherwise made available by us through the Website (collectively “Olaport Content”). Olaport’s rights expressly include all worldwide patent rights, copyright rights, trade secret rights, know-how and any other intellectual property rights (“Intellectual Property Rights”) in the Olaport Materials and the Olaport Content. You have no rights in any Olaport Materials or Olaport Content. You also cannot record or otherwise access or make use of our data with automated programs, software, or any other method.
You thereby agree to protect the proprietary rights of Olaport during and after the term of this Agreement. You may not selectively download portions of the Website without retaining the copyright notices. You may download material from the Website only for the purpose intended by this Agreement. Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available remedies under applicable laws.
The following terms shall be additionally applicable to Buyers: Where you purchase goods and services through a fixed price format, agree to a quote or provide a counter-bid on the goods and services which is accepted by the Seller, you agree with the Seller to be bound by the terms and conditions of sale included in the listing description and as otherwise agreed to between you and the Seller. Subject to any legal right to the contrary you are contractually obliged to complete the transaction with the Seller. When requesting a quote, you must describe the requirements for the goods and services you wish to purchase, fully and accurately. You must be legally able to transport the items for which you are requesting the quote. You hereby confirm that Olaport neither confirms nor verifies the quotes provided by the shipping lines. You hereby acknowledge that Olaport will not be a party to the agreement between you and the Seller and will not act as a freight vendor, forwarder, insurer, broker, contracting agent or other representative. The Seller will be solely responsible for performing all obligations under any agreements with you in relation to the order placed for bookings. You shall be solely responsible for undertaking appropriate and effective due diligence and related analysis before entering into any arrangement with a Seller on the Website.
By using Olaport, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Sellers or other third parties will be limited to a claim against the particular Sellers or other third parties who caused you harm, and you agree not to attempt to impose liability on Olaport, or seek any legal remedy from Olaport with respect to such actions or omissions.
The following terms shall be additionally applicable to Sellers: You warrant and agree to maintain in full force for the duration of registration in Olaport’s Website, all consents, approvals, authorizations, licenses, orders, registrations, clearances and qualifications (being of a governmental, corporate or other nature) necessary for the performance of the Freight Services and freight bookings listed by you on Olaport’s Website. You shall be required to populate details of your Freight Services and bookings provided, their cost along with such other information on the Website as maybe required by the Buyers. You hereby authorize Olaport to automate price quotes based on the rates you provide; advertise and promote your Freight booking Services on the Website; and create a profile page for you to share basic information with Buyers about your organization, services offered and reviews. You hereby grant Olaport a royalty-free, fully paid-up, worldwide, non-exclusive license to such use of your information, names, logos and such use by Olaport shall not constitute a violation or infringement of your intellectual property. You hereby agree that you shall not use Olaport’s name, logos or any other intellectual property without the prior written approval of Olaport and where such use is permitted by Olaport, you shall adhere to any usage guidelines provided by Olaport. Your acceptance of this Agreement constitutes consent for Olaport to act as your agent for the limited purpose indicated in this Agreement. You shall be solely responsible for ensuring that Freight Services and bookings and prices are correctly listed by you on the Website. If a Buyer places an order based on the specified rates, it shall become a binding contract between you and the Buyer. You shall also be required to specify, as well as regularly keep updated, the costs of additional services such as, inter alia, customs brokerage, insurance, and costs for shipment of hazardous materials, carry to room of choice accessorial, etc., for inclusion or exclusion by the Buyer. Once the shipment is delivered, you shall be required to inform Olaport about the same through the Website. You shall be solely responsible for the rates for your Freight Services on Website are kept up to date. Olaport cannot and will not be liable for any loss or damage arising from your failure to do so. Olaport offers no guarantee or warranty that there would be a satisfactory response or any response at all, once the Freight Services are listed on the Website; you will be able to fully or partially collect the amounts due to you from the Buyer; or using the Website will result in higher number of customers or increased revenue for you. You are solely responsible for undertaking appropriate and effective due diligence and related analysis before entering into any arrangement with a Buyer. You acknowledge and agree that Olaport has not carried out any background checks or other verification relating to the Buyer. You are solely responsible for coordinating and communicating with the Buyer for the performance of the order.
By using Olaport, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Buyers or other third parties will be limited to a claim against the particular Buyers or other third parties who caused you harm and you agree not to attempt to impose liability on Olaport, or seek any legal remedy from Olaport with respect to such actions or omissions.
Without limiting any remedies available to Olaport at law, in equity or under this Agreement, Olaport may, in Olaport’s sole discretion, suspend or terminate User’s membership if Olaport reasonably suspects or believes, or is informed by a government agency that you have engaged in or may engage in fraudulent or illegal activity of any kind and you will have no claim whatsoever against Olaport in respect of any suspension or termination of your membership under this clause.
You are solely responsible for the information you provide on the Website (“User Information”), you agree that you will keep User Information up to date and that User Information and/or contents posted by you are in accordance with applicable laws. Olaport is a passive conduit for the online distribution and publication of User Information. Olaport is not responsible for the content of the User Information you provide. Olaport may remove your User Information from the Website at Olaport’s sole discretion. You are prohibited from providing User Information that is potentially or actually harmful to Olaport, the Website or any third party and/or in contravention of any laws, rules and regulation. In this clause "harm" includes, but is not limited to, pure economic loss that Olaport may or will suffer.
In the event a shipment does not proceed AFTER a quote is accepted on the Website by the Buyer, but BEFORE any services are performed by the Seller, a cancellation is deemed to have occurred. In the event of a cancellation, the User may be contacted by Olaport and requested to provide information which confirms the basis of the cancellation. This may include written confirmation of the cancellation from by both the Buyer and the Seller, including reasons for the cancellation, identification of the party responsible for the cancellation, and comments. Repeated cancellations may result in Olaport, at its sole discretion, cancelling a User's membership. Failure to exercise this discretion and cancel a User's membership after a cancellation does not prejudice Olaport’s right to cancel a User’s membership for a subsequent cancellation. Note: A cancellation is not deemed to have occurred if shipment is delayed or rescheduled at a time suitable to both the Buyer and the Seller.
Olaport does not warrant that transactions between Members will be free of disputes. Olaport is not responsible for resolving disputes between you and other users and Olaport will not resolve or attempt to resolve disputes between you and other users. You agree that if you have a dispute with one or more users of this Website, all disputes must be resolved between you and the relevant user(s). Under this Agreement, you acknowledge that if Olaport is contacted by a Member that claims to have a dispute with you regarding the Freight Services, you agree hereby expressly that Olaport can release your contact information to that Member and/or any other authorities and person at Olaport’s sole discretion in order for the dispute between you and the Member to be resolved. You hereby irrevocably and unconditionally release Olaport from all claims, demands and damages (actual and consequential) arising out of or connected with the dispute or Olaport’s release of your contact information.
Olaport will send you communications and notices regarding your transactions and your account on the Website. These communications are not an endorsement, guarantee or a legitimization of your transactions. You are responsible for completing all transactions you participate in, which includes complying with all relevant legal obligations including without limitation your legal obligations in relation to the purchase of the Freight Services, and the shipping of any cargo.
You must not: modify, adapt, or otherwise alter the Website; interfere, in any way, with the listings of other Members of this Website; provide false, misleading, deceptive or otherwise inaccurate Information; act fraudulently; engage in any activities that may result in the price of the goods and services being manipulated; copy, reproduce, create derivative works or publicly display any content contained in the Website (with the exception of User’s Information); infringe any third party’s copyright, patent, trade mark, trade secret, confidential information, or any other proprietary or intellectual property rights a third party may have; provide or facilitate another person's access to, reproduce, or otherwise make available, the Website or any part of the Website, to another person; create liability for Olaport or cause Olaport to lose (in whole or in part) the services of Olaport’s ISPs or other suppliers; take any action that will result in an unreasonable or disproportionately large load being imposed on Olaport’s infrastructure; directly or indirectly link to or include descriptions of goods or services that are listed for sale on a website that is not the Website; or you do not have a right to link to or otherwise include in the description of goods or services; list any Freight Services on Olaport’s Website, or complete any transaction that was initiated using Olaport’s Service, if such Freight Services or the transaction are likely to cause the violation of any applicable law, statute or regulation, this Agreement or any of Olaport’s policies; knowingly being involved in the shipping of counterfeit, stolen items and/or restricted and/or forbidden cargo; violate any applicable law, statute, regulation or other applicable law or policy (including but not limited to those governing export and import control, economic sanctions, consumer protection, unfair competition, and criminal law); make references to any website or URL that, in Olaport's sole discretion, contains material that is inappropriate for the Website or contains content that would be prohibited or violates the letter or spirit of this Agreement; use any robot, spider, other automatic device or manual process to monitor or copy the Website, or content contained in the Website; remove, disable, defeat, or otherwise circumvent any functionality of the Website (including a requirement to use a user name and password or other authentication method, or other security protection or preventative measures against unauthorized use); damage, disrupt, disable or otherwise impair the operation of the Website or interfere with the use of the Website by other persons, including introduce a virus, Trojan horse or other malware into the Website intended to cause damage, breach, malfunction, or other undesired effects to the Website, or carry out a denial of service attack; collude with, enter an agreement with or correspond with another Member or other person to avoid paying Olaport fees; knowingly avoid Olaport’s fees. Olaport may terminate your membership should you do, or Olaport suspect you may do, any of the above.
1. Confidential Information. “Confidential Information” means: (i) Olaport Materials and Olaport Content; (ii) any business or technical information that a party discloses to the other party and designates as “confidential” or “proprietary” at the time of disclosure; and (iii) any information that, due to its nature or the circumstances of its disclosure, the receiving party knows or has reason to know should be treated as confidential or proprietary.
2. Exceptions. Confidential Information does not include information that: (i) is or becomes generally known to the public through no fault or breach of this Agreement by the receiving party; (ii) is rightfully known by the receiving party at the time of disclosure without restrictions on use or disclosure; (iii) is independently developed by the receiving party without use of the disclosing party’s Confidential Information; or (iv) is rightfully received by the receiving party from a third party, who has the right to provide such information and who provides it without restrictions on use or disclosure.
3. Use and Disclosure Restrictions. Each party will not use any Confidential Information disclosed by the other party except as necessary for the performance or enforcement of this Agreement and will not disclose such Confidential Information to any third party except to those of its employees and subcontractors who have a bona fide need to know such Confidential Information for the performance or enforcement of this Agreement; provided that each such employee and subcontractor is bound by a written agreement that contains use and nondisclosure restrictions consistent with the terms set forth in this Section. Each party will employ all reasonable steps to protect all Confidential Information disclosed by the other party from unauthorized use or disclosure, including, but not limited to, all steps that it takes to protect its own information of like importance. The foregoing obligations will not restrict either party from disclosing such Confidential Information: (i) pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided that the party required to make such a disclosure gives reasonable notice
