Last Revised: February 1st, 2022
The Terms set forth herein apply to any content and information that are or become available on the Website (collectively, the “Content”). By accessing and/or using the Website or the Platform, you acknowledge that you have read and that you agree to be bound by the Terms, without any limitation or qualification. If you do not agree to the Terms, do not connect to, access or use the Website or the Platform in any manner whatsoever. Both the Website and the Platform is available only to individuals who possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law.
In these Terms, "we", "us", "our" and "Company" refer to All Forward Ltd., and "you" and "your" refer to you, the user of Our Website.
THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.
We may modify these Terms for any reason—at any time—by posting a new version on Our Website; these changes do not affect rights and obligations that arose prior to such changes. Your continued use of Our Website or Platform following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Website in any way, your only recourse is to immediately terminate use of our Website and/or Platform.
IF CUSTOMER REGISTERS FOR FREE SERVICES, THE APPLICABLE PROVISIONS OF THIS TERMS WILL ALSO GOVERN THOSE FREE SERVICES.
1. Freight Forwarding Services
- Our Website is a freight forwarding (“Forwarding”) search engine (the “Engine”). The Engine enables Providers (as defined below) to contact between them, request bids and to cooperate.
- The Platform enables users to initiate, conclude, process and administrate chargeable contracts with the provider on the shipment of goods and other logistics services. The Company does not own or control any of the Forwarding services and products that you can access through our Platform, such as shipment, customs clearance, warehousing, insurance (the “Products”). The Products are owned, controlled or made available by third parties (the “Providers”) either directly or as an agent. The Providers are responsible for the Products and the Forwarding services. The Provider’s terms and privacy policies apply to your booking/shipping order so you must agree to and understand those terms. Your interaction with any Provider accessed through our Website is at your own risk; the Company does not bear any responsibility should anything go wrong with your Booking or shipment. It is hereby clarified that the Company, or anyone in her name, may be one of the Providers in the Platform.
The display on our Website/Platform of a Product or Provider does not—in any way—imply, suggest, or constitute a recommendation by the Company of that Product or Provider, or any sponsorship or approval of the Company by such Provider, or any affiliation between such Provider and the Company. Without derogating from the foregoing, you acknowledge that Providers which are Affiliates of the Company may be displayed in our Website/Platform. For the purpose of these Terms, “Affiliates” shall mean any corporation, firm, partnership, employee, or other natural or legal person which directly or indirectly controls, is controlled by, or is under common control with the Company.
Our Website and Platform hosts Content, including prices, made available by or obtained from Providers. By making a booking through the Website, you enter into a direct (legally binding) contractual relationship with the Provider at which you book. From that point, the Company shall act solely as an intermediary between you and the Providers, transmitting the details of your booking to the relevant Provider and sending you a confirmation email for and on behalf of the Provider.
Without derogating from the above, by making a booking through the Platform, you enter into contractual relationship with the Company. You may choose to purchase insurance for your shipment through the Company, but if you choose not to purchase an insurance, then the Company does not bear any responsibility should anything go wrong with your Booking or shipment.
The Company is in no way responsible for the accuracy, timeliness or completeness of any content published by third parties, Providers etc. in the Website or in the Platform. Since the Company has no control over the Products and/or Providers and does not verify the content uploaded by the Providers, it is not possible for us to guarantee the prices displayed on our Website/Platform. Prices change constantly and additional charges (e.g., payment fees, services charges, local taxes and fees) may apply, so you should always check whether the price asked for a booking is the one you expected. Some Products may also be sold in another currency than the one preset or chosen by you for the display of the search results. Our currency conversion is for informational purposes only and should not be relied upon as accurate or real time; actual rates may vary, and your payment provider (e.g., your credit card company) may charge conversion fees and apply another date’s currency rate.
The Company may extend the scope of services of the Engine or the Platform at any point of time. The Company reserves the right to limit individual functions temporarily or permanently, when this is technically necessary, or the conducted changes are only minor. Non-minor changes will be announced in good time prior to their application by the Company if there are no compelling technical or legal reasons to the contrary. If the Provider offers additional functions free of charge after the conclusion of the contract with you, the Provider is entitled to discontinue these functions at any time without prior notification.
Each Provider remains responsible at all times for the accuracy, completeness and correctness of the information (including the rates and availability) displayed on the Website/Platform.
3. Intellectual Property
We, along with the Providers and other licensors, own all of the text, images, software, trademarks, service marks and other material contained on our Website and Platform (“Intellectual Property”). You will not copy or transmit any of the material except if you are doing so for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on our Website/Platform must appear on all copies you print. Other products, services, or designations on our Website/Platform not belonging to the Company belong to those respective third parties and may be mentioned in our Website/Platform for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to our Website or Platform does not grant you any license or right to use any of the marks included on our Website.
4. Use of Our Website
You may only use our Website or Platform if you are of sufficient legal age and can enter into binding contracts. If you use our Website/Platform, you are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of our Website/Platform by you and anyone using your password and login information (with or without your permission). All information that you provide to us must be accurate and up-to-date. If any of your information changes, you must immediately update it. If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your information or computer or mobile device used to access our Website/Platform), you must promptly change your personal information that is affected.
If you decide to have messages or other communications from our Website/Platform sent directly to your mobile device, you are solely responsible for keeping us updated with your current phone number, and for any charges incurred by receiving such messages. If you install any software or enable any service that stores information from our Website/Platform on any mobile device or computer, it is your responsibility, prior to transfer or disposal of such device, to remove your information or otherwise disable access to such software or service in order to prevent unauthorized access to your information or account.
You may only use our Website to search for legitimate services and products and/or post legitimate Content and use the Platform to contact with Providers for Forwarding services and Products;
You may not use our Website/Platform to make any false, fraudulent or speculative Bookings or any reservation in anticipation of demand. By using our Website/Platform, you agree to comply with laws that apply to the Israel and your own country, including laws that apply to exporting technical data.
In addition, you agree not to do any of the following without prior express written permission from the Company:
(i) access our Website/Platform with any manual or automated process for any purpose other than your personal use or for inclusion of our Website pages in a search index. Use of any automated system or software to extract data from our Website/Platform (‘screen scraping’), for commercial or non-commercial purposes, is prohibited;
(ii) violate the restrictions in any robot exclusion headers on our Website/Platform or bypass or circumvent other measures employed to prevent or limit access to our Website/Platform;
(iii) deep-link to any portion of our Website/Platform for any purpose;
(iv) use any device, software or routine that interferes or attempts to interfere with the normal operation of our Website/Platform or take any action that imposes an unreasonable load on our computer or network equipment;
(v) reproduce, duplicate, copy, sell, trade, resell or exploit our Website/Platform;
(vi) use any feature of our Website/Platform for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate, as determined by us;
(vii) post or distribute any material on our Website/Platform that violates the rights of any third party or applicable law;
(viii) use our Website/Platform to collect or store personal data about others;
(ix) use our Website/Platform for any commercial purpose; or
(x) transmit any ad or promotional materials on our Website/Platform.
We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to any or all component(s) of our Website/Platform. Furthermore, you can always delete your account by contacting us.
5. Subscription Terms Fees and Payment.
"Trial Term" means the period which the Company shall determine upon your registration in the Website/Platform, and as shall be published to you before your registration to the Website or Platform.
Each Subscription expires at the end of the applicable subscription term, unless renewed by You. You shall pay the fees for each Subscription as specified at the time of purchase of such subscription in the Website/Platform. The Subscription fee for any additional Subscription will be according to the Website’s then-current and Subscription fee.
You shall pay all fees upon purchase of the subscription. All payments are non-refundable beyond the Trial Period (except as expressly set forth in this Agreement). You shall be responsible for all taxes, withholdings, duties and levies arising from the order of the Services on the Website/Platform. The fees are published in the Website and Platform. The Company reserves the right to modify the fees at any time upon posting it in the Website/Platform. Such new new fees shall apply only in the renewal of the subscription period.
There is no limitation on the pricing amendment, and it can be either 100%+ more or 100%+ less in the next period, or in any other proportion according to the Company’s internal pricing policy
6. Warranty Disclaimer
The Company do not guarantee that the Platform/Website, or any content on it, will always be available or be uninterrupted. The Company may suspend or withdraw or restrict the availability of all or any part of the Platform/Website for business and operational reasons. The Company will try to give you reasonable notice of any suspension or withdrawal, but we will not be liable for any failure to do so.
You acknowledge and agree that the Company shall have no responsibility to you to correct any defects or problems in the services, or any part thereof. It is your responsibility to ensure that any data contained on your computer and/or server and/or computer network is backed and retrievable. Our Website and Platform, all content and services provided on our Website/Platform are provided on an "as is" and "as available" basis. Our content is largely generated in an automated fashion; errors can and do happen. We may many search results, but we are not comprehensive and do not display all available providers and offers. Accordingly, we do not always display the lowest available price. The Company expressly disclaims—to the fullest extent permissible— all warranties of any kind, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance.
7. Our Liability Is Limited
To the maximum extent permitted by applicable law, the Company shall not be liable for direct, indirect, special, incidental or consequential damages arising out of the use of or inability to use the Website/Platform and/or services, or any part thereof (including, without limitation, damages for loss of business, loss of data or information or other pecuniary loss) even if the Company should have known of and/or is or was advised of the possibility of such damages. Without derogating from the generality of the foregoing, in the event that the Company is found liable to you and/or to any third party as a result of or in connection with the Website/Platform and/or services, irrespective of the above, the Company’s total cumulative liability shall not exceed the amount actually paid by you for the use of the paid services during the six months preceding the event giving rise to the Company liability hereof, and the forgoing shall be the sole and exclusive remedy available to you.
We (together with our officers, directors, employees, representatives, shareholders, affiliates, and providers), to the extent permitted by law, hereby expressly exclude any responsibility and liability for (a) any loss or damages to, or viruses that may infect, your computer equipment or other property as the result of your access to our Website/Platform, your downloading of any content from our Website/Platform or (b) any injury; death; loss; claim; act of god; accident; delay; or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including—without limitation—lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of our Website/Platform or our Content; (ii) any failure or delay (including—without limitation—the use of or inability to use any component of this Website/Platform for reservations or booking); or (iii) the performance or nonperformance by us or any Provider, even if we have been advised of the possibility of damages to such parties or any other party.
Without derogating from the above, in case that a Provider haven’t been paid by a client for a shipment it issued according to the quote offered on the Website/Platform, the Company shall make its best commercial efforts to help such Provider collect the sum of the lost fee and/or shipment (“Unpaid Debt”) from the client. In Provider’s notice to the Company regarding such Unpaid Debt, Provider commits and undertakes to cooperate with the Company and other entities including a credit insurance company regarding the Unpaid Debt and to provide the information and document as required is assigning the Company the Unpaid Debt (the “Assignment of Debt”). Subject to the Assignment of Debt, the Company shall have the right to contact the company that provides the Website financial protection services in order to collect those said Unpaid Debt on behalf of Provider. By assigning the Unpaid Debt and accepting the amount mentioned in this section, Provider declares and agree that it won’t have any Claims against the Company and/or anyone in its behalf with regard to the Unpaid Debt and/or the Assignment of Debt. This section shall only apply (i) to premium users of the Website and (ii) in the event that the Unpaid Debt is not as a result of a commercial dispute between the Provider and the client.
8. You Agree to Protect Us
Subject to these Terms, you will defend, indemnify and hold us and each of our officers, directors, employees and agents harmless from and against any claim, cause of action, liability, expense, loss or demand, including—without limitation—reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your breach of any applicable law, and your use of or access to our Website/Platform the Intellectual Property.
9. Arbitration and Waiver
TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST COMPANY IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND COMPANY FOR ANY AND ALL DISPUTES YOU OR THE COMPANY HAS RELATING—IN ANY WAY—TO THE SERVICES OR YOUR RELATIONSHIP WITH THE COMPANY.
11. User Content
Our Website/Platform may contain reviews, or other forums in which you can post content. If you use said interactive areas on our Website/Platform, you are solely responsible for the information and other content, including without limitation, any reviews, text, images, links, or videos that you upload, transmit, or share with us or others on or through our Website/Platform (collectively, the "User Content"), and you represent and warrant that you are not transmitting or sharing User Content that you do not have permission to share. We do not guarantee any confidentiality with respect to the User Content and you understand that the User Content may be publicly displayed.
When you provide us with User Content, you own the content you create and share, and you also grant us a perpetual, transferable, irrevocable, sub-licensable, fully-paid, worldwide license to use, modify, reproduce, distribute, prepare derivative works of, publicly perform, and publicly display (in tangible form and electronically) all User Content or other content provided to us. We can use the User Content in any format, channel, platform, or region with the right to localize the content into other languages. If uploaded or submitted to us, you further give us permission and the right to use your name, image, likeness, or other personal attributes for the purposes described in these Terms.
You authorize us to make copies as we deem necessary in order to facilitate the storage and assimilation of the User Content on the websites. By providing us User Content, you represent and warrant that the User Content you provide will not violate or in any way infringe upon the rights of third parties, including property, contractual, employment, trade secrets, proprietary information, and nondisclosure rights, or any intellectual property rights. You may remove your User Content from the website, but the license that you have granted will remain in effect. You understand that we do not control nor are we responsible for reviewing User Content. However, we reserve the right to review, edit, or delete any User Content or your account at any time. We are not in any way responsible or liable for such User Content or the messaging contained in User Content.
We bear no responsibility over User Content you may share with others over the Website, and do not accept responsibility for how those users may or may not interact with your User Content.
We do not control the User Content of other users of the Website. When we become aware of inappropriate User Content on our Website, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for, the User Content of other users of the Website.
12. General Provisions
We may change the Website and these Terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these Terms. Your continued use of the Website constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users, including those enrolled before the date the changes take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) and/or, if you are a registered user, by cancelling your account and your access to your account.
Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you, provided your rights under these Terms are not prejudiced.
To the extent permitted by law, the laws of the State of Israel, without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. To the extent permitted by law, you agree that any disputes, claims and causes of action arising out of or connected with our Website and/or these Terms, will be resolved individually, without resort to any form of class action.
The Company reserves the right, at its sole discretion, to modify the Website, application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. By continuing to access or use the Website, application or Services after we have posted a modification on the Website or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms and/or Website and/or Services.
13. Your Feedback
We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Company products or services. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of the Company. Furthermore, by submitting Feedback, you are granting us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute Feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise.
14. CONTACT US.
If you have any questions, complaints and/or claims, please contact us at: