Terms and conditions of website usage

Last Updated: April 14, 2024

Israel Cargo Logistics (ICL) Ltd and its affiliates (“ICL,” “we,” “our,” or the “Company”) welcome you (the “Visitor,” “User,” or “you”) to our website located at https://ilcargo.com/ (the “Website”), our Software, and the content (as defined below), features, and services that we provide in connection with any and all of the foregoing, including all revisions, improvements, new releases, and updates provided by the Company (collectively, the “Services”).

THESE TERMS OF USE, TOGETHER WITH THE COMPANY’S PRIVACY POLICY AVAILABLE AT (THE “PRIVACY POLICY”) (COLLECTIVELY, THE “AGREEMENT”) CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND THE COMPANY. BY CLICKING THE “ACCEPT” BUTTON, AND/OR BY ACCESSING AND/OR USING THE SERVICES (IN WHOLE OR IN PART) IN ANY WAY OR MANNER, YOU AGREE TO ABIDE BY, AND BE BOUND, BY THE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth elsewhere in the Agreement. If any provision of these Terms of Use conflicts with any other provision in the Agreement, the provision in these Terms of Use shall govern.

The Services are not available to minors at any region globally. If you are under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to ensure that both you and your parent or guardian understand it.

Agreement to the Terms

BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE SERVICES ON ICL WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, THEN DO NOT CLICK “I AGREE” OR DOWNLOAD, INSTALL OR USE THE SERVICES.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

We reserve the right to change the Terms at our sole discretion from time to time. Any changes to the Terms will be effective as of the stated “Last Updated” date. We will update you when changing the terms of use or when you enter the website, or through alternative electronic means.

Services

ICL is a global transportation and logistics company that operates worldwide. We offer a comprehensive suite of services tailored to meet diverse logistics requirements. Our specialties include logistics services, freight forwarding (both air and sea, import and export), drop shipment services facilitating cargo transport globally, Relocation Services, global supply chain solutions, customs brokerage services, industry-specific solutions (including exhibitions, military and defense, insurance, etc.), advanced logistics solutions with warehouses and distribution centers, logistics consulting, eCommerce solutions, and more. (to learn about our services read at_______).

Content on the Website and Other Materials

The contents of the Website are intended for your personal, non-commercial use. All materials published on the Website (including, but not limited to, information, blogs, news articles, photographs, images, illustrations, video clips, and video calls, hereinafter referred to as the “Content”) are protected by copyright and are owned or controlled by ICL or the party credited as the provider of the Content. You must comply with all additional copyright notices, information, or restrictions contained in any Content accessed through the Website or any of our Services.

Accessing

We reserve the right to withdraw or amend this Website, any Service, or material we provide on the Website or through any alternative Software (including, but not limited to apps or platforms) in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website and Services is unavailable at any time or for any period. Periodically, we may restrict access to certain parts of the Website or the entire Website to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

You are responsible for maintaining accurate details about yourself and your business. We have the right to disable any use by you, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Privacy Policy

Our company respects the privacy of its users and is committed to protecting the personal information that users share with us. We believe that users have the right to understand our policies regarding the collection and use of information obtained by us during the use of the application. Our information collection policies of various types are described in our privacy policy, which is found in the privacy policy and is incorporated into these terms of use by reference. The user agrees and acknowledges that the company will use the personal information transferred to the company and/or made accessible to it in accordance with the privacy policy. Please note that to access, log in, or use the application, you must first read and agree to the privacy policy.

Intellectual Property Rights

These Terms of Use permit you to use the Website for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website or Services.

The term “Intellectual Property Rights” means worldwide, whether registered or not (a) rights associated with works of authorship, designs, mask works and photography including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress, the right to publicity and goodwill rights; (c) patents, patent applications and industrial designs; (d) trade secrets; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.

Trademarks

ICL name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US, EEA, or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms and Conditions.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website. Being exposed to advertisements is a material condition of accessing the Website.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website or introduce any files, code, scripts, or other material which is malicious or technologically harmful.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice at our discretion.

Communications with and Submissions to the Company

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, ratings, feedback, questions, comments, suggestions, and the like, we shall be free to use any ratings data, ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information, without compensation or attribution to you.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

From time to time, the Company or third parties may automatically update or otherwise modify the Services, for example, but not limited to, for purposes of enhancement of security functions, error correction and improvement of functions. Such updates or modifications may delete or change the nature of features or other aspects of the Services, including functions you may rely upon. You hereby agree that such activities may occur at the Company’s sole discretion and that the Company’s may condition continued use of the Services upon your complete installation or acceptance of such update or modifications. Any updates/modifications shall be deemed and shall constitute part of the Services for purposes of the Terms. By acceptance of the Terms, you consent to such update/modification.

Limitation of Liability

WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICES. EXCEPT YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 11, UNDER NO CIRCUMSTANCES WILL EITHER PARTY’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICES FOR THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM.

Depending on where you reside and use the services, some of the limitations contained in this Section may not be permissible. In such cases, they will not apply to you, solely to the extent so prohibited.

Indemnification

To the extent permitted by applicable law, you will indemnify, hold harmless and defend ICL and our affiliates, at your expense, from any and all third-party claims, actions, proceedings, and suits brought against ICL or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys’ fees and other litigation expenses) incurred by ICL or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of these Terms; (ii) your use of the services; (iii) your violations of applicable laws, rules or regulations in connection with the services; (iv) your violation of any representations and warranties; (v) any claims made by or on behalf of any third party pertaining directly or indirectly to your use of the services; (vi) violations of your obligations of privacy to any third party; and (vii) any claims with respect to acts or omissions of any third party in connection with the services. ICL will provide you with written notice of any claim, suit, or action from which you must indemnify us. You will cooperate as fully as reasonably required in the defense of any claim.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Governing Law

Any dispute arising under or in connection with the subject matter discussed herein or related to such subject matter shall be governed by, and construed in accordance with, the substantive laws of the State of Israel, without regard to its conflict of laws principles. You agree that any claim or dispute you may have against ICL must be resolved by a court located in Tel Aviv, Israel. You consent to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes. Furthermore, in addition to any other relief awarded, the prevailing party in any action arising out of your use of or access to the Website, the Services, or the Website content shall be entitled to its reasonable attorneys’ fees and costs.

General

Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

These Terms and any policies or operating rules posted by us on the Website or in respect to the services constitute the entire agreement and understanding between you and us.

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

We may assign any or all of our rights and obligations to others at any time.

We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

In order to resolve a complaint regarding the services or to receive further information regarding use of the services, please contact us by email at Legal@ilcargo.com.