TERMS OF SERVICES

Thank you for visiting our website and subscribing for our services. These Terms of Services are designed for you to better understand our services and sets the general rights and obligations between you and us if you decide to order our services.

There Terms of Services is applicable when you: (i) visit and use our website https://loadroad.eu/; (ii) subscribe for newsletter; (iii) create your account and order the use of tool and use a tool (all together hereinafter referred to as the Services”).

Terms of Services shall be considered a legally binding agreement which is concluded between you and us. When you subscribe for use of the tool you shall check the button “I have read and agree to the Terms of Services”.

By visiting our website and subscribing for our services you declare that you have read our Privacy policy which is provided [en.loadroad.eu/legal/privacy-policy, de.loadroad.eu/legal/privacy-policy, pl.loadroad.eu/legal/privacy-policy, ru.loadroad.eu/legal/privacy-policy].

1. Definitions

“Agreement” – shall mean these Terms of Services.

“Us”, “we” or “Service Provider” – shall mean UAB „Kuberas", legal entity number 305466108, office address at Ruko street 89A, Panevezys, Republic of Lithuania, data of the company are collected and stored in the Register of Legal Entities of the Republic of Lithuania.

“You” or the “Client” – shall mean the person who uses the Platform, and, where the context permits, includes any entity on whose behalf that person subscribes to use the Tool for business purposes.

“Website” – website owned by the Service Provider located at the domain address loadroad.eu.

“Platform“ – shall mean the Website with all its content, electronic services provided by us, including the Tool with all its functionalities.

“Tool” – shall mean a digital tool with all its functionalities related to the logistics services which is owned and developed by us. [loadroad.eu system]. Tool together with all its functionalities is provided and can be used by logging in to the Account. The Tool is intended for business use and is provided for the Fee.

“Account” – electronic service, marked with an individual name (Username) and Password provided by you a collection of resources in our informational system, allowing you to use the Tool. You obtain access to the Account when registering to the Website and signing this Agreement. You sing in to your Account by using your Username and Password.

“Username” – your individual name – e-mail address, provided by you within the Website when creating the Account.

“Password” – a string of alphanumeric characters necessary to perform authorization while accessing the Account which is defined by you when creating the Account. Account registration requires two times the password to be repeated in order to detect and correct any errors. You are obliged to keep the Passwords in strict confidence (not to disclose it to any third party). We provide you with the multiple opportunity to change the Password.

“Newsletter” – electronic service that allows all our Clients who subscribe for newsletter to receive automatically from the Service Provider information about the Tool, other products, Website, including new and special offers sent at the Client’s provided email address with the explicit Client’s consent. The terms of providing the Newsletter's services by the Service Provider are set out in [en.loadroad.eu/legal/privacy-policy, de.loadroad.eu/legal/privacy-policy, pl.loadroad.eu/legal/privacy-policy, ru.loadroad.eu/legal/privacy-policy]

“Content” – all Platform’s content, including all text, graphics, photos, music, any filmed or visual material/recordings, trademarks, logos, designs, other visual marks, illustrations, computer programs, data bases, software and/or individual parts of all specified objects, domain names and other business identifiers, which are the intellectual property of the Service Provider or their licensors.

“Data” – shall mean all data, documents, codes, passwords and any other information provided by you in any form when using the Platform.

“Fee” – shall mean the fee (excluding any taxes and duties if applicable) for Tool use. Payable fee depends on membership plan chosen by you. Plans differ by membership term. All information about the membership and plans are provided on the Website.

2. Compliance with the Law

2.1. By using our Services you agree not to use our Services for any purpose which is illegal or prohibited by this Agreement. You undertake to comply with this Agreement and all applicable laws of the Republic of Lithuania.

3. Account

3.1. ToorderandusetheToolyouhaveto create your Account within the Website and pay the Fee.

3.2. You represent that all information indicated by you during registration is correct and you undertake to correct it if some information is not correct or was changed.

3.3. Your Account can be used by different 10 persons including you. You cannot share and/or share your Account Username and/or Password and/or other access information to the Account with any other person rather than specified in this Agreement. You are solely responsible for use of the Account and the confidentiality of your Password and other access information.

3.4. You will be responsible for all usage and activity on your Account, including use of the Account by any third party authorized by you to use your login credentials, and for all charges for any services bought by those third parties by using your Account.

3.5. You understand and agree that you do not have property right to the Account. We have the right to cancel your Account and delete all Data associated with your Account if we believe that you have violated this Agreement or the laws of the Republic of Lithuania.

3.6. You have the right to delete your Account using the Website or you can contact us by e-mail [help@loadroad.eu] so we can delete it for you.

4. Order and Use of the Tool

4.1. We grant you the right to access and use the Tool through the Website’s Account. All information regarding Tool’s functionalities, types of membership and Fees is provided on the Website.

4.2. For the use of the Tool you shall: (i) have the Internet access; (ii) paid the Fee (if not the “trial” version); (iii) logged in to your Account.

4.3. When you order the Tool you are granted non-exclusive, non- transferable right to use the Tool strictly according to this Agreement.

4.4. You undertake and agree that:

4.4.1. You determine, who and to what extent uses the Account and/or the Tool;

4.4.2. You are fully responsible for those who use the Account and/or the Tool;

4.4.3. You are responsible that the Account and/or the Tool are used accordance to the applicable laws.

4.5. You can use “trial” version of the Tool for one (1) month free of charge, if the Website does not provide other trial terms. After that, you can either continue order of Tool, or cancel the order without any negative consequences.

4.6. The Tool can be ordered for the period not shorter than one (1) month.

4.7. TheorderofToolisvalidfortenusers who can share the Account. One user can log in to the Account from two different devices or browser.

4.8. The Fee of the Tool is determined according to the valid fees, which are provided on the Website.

4.9. The Fee is valid for the entire order period for which you pay in advance.

4.10. You can cancel order of the Tool at any time by using your Account or contacting us by e-mail [help@loadroad.eu].

4.11. If you cancel order of the Tool, we do not refund paid Fee unless we and you agree different ir writing.

4.12. The Fee is non-refundable due to the fact that you did not use the Tool or used it a little, or you did not like it or for other subjective reasons.

4.13. You can pay the Fee by bank card or in other ways specified on the Website at the time of ordering the Tool.

5. Intellectual Property Rights

5.1. All Content on the Platform is the intellectual property of us or their licensors and is protected by copyright and intellectual property laws of the Republic of Lithuania and international law.

5.2. You agree that by using the Services, you do not acquire any rights to our Content and may use it only in accordance with this Agreement.

5.3. You may not use the Content, including, but not limited to, publishing, selling, renting, copying, displaying, modifying, reproducing, and using it in any other way except for solely using it for your personal and informational purposes.

6. Your Data

6.1. By using our Services, you may submit/submit Data.

6.2. You understand and acknowledge that you are solely responsible for the Data you provide and undertake not to provide Data which use infringes the copyright, industrial or intellectual property rights of third parties, is unlawful, misleading, malicious, threatening, contrary to public morality, offensive, defamatory, otherwise degrading the honour and dignity of persons, promoting violence or ethnic, racial, religious, social, gender hatred or discrimination, which distribute, promote or advertise pornography and other illegal activities, otherwise contradict the laws of the Republic of Lithuania and international legal acts.

6.3. You agree that you will not post any information which directly or indirectly offers goods and/or services for sale, or directing other users to other websites for more information about goods and/or services.

6.4. You are deemed to be the owner of all Data you provide by using our Services.

6.5. We may edit or make format changes to your Data (make translations, modify, resize, layout, document type or remove metadata), we will not change the meaning of the information you provide.

6.6. You agree to provide only such Data that does not infringe any law or any other rights, including copyright, intellectual or industrial property rights. You are responsible for any violation of the rights of third parties related to the Data you provide. We may be required to remove certain Data in accordance with applicable law.

7. Prohibited Conduct

7.1. You may not use, or attempt to use, the Platform to take any action that could harm us or any third party, interfere with the operation of the Platform, or use the Platform in a manner that violates any laws. For example, and without limitation, you may not:

• − post any software, documents or links to other websites or post content that contains viruses, corrupted files or other similar software or programs that may adversely affect the operation or functionality of our Platform;
• - engage in unauthorized “scraping” or spidering, or harvesting of personal information, or use any unauthorized automated means to compile information;
• − make use of the Content in any manner that constitutes an infringement of our rights or the rights of other users or third parties, including copyrights and any other intellectual property rights;
• − use the Platform or parts of it when you are not authorized to access it, or act in such a manner to circumvent any restrictions imposed on your use or access of the Platform;
• − copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Platform, except for content you have posted on the Platform, or unless expressly authorized in written;
• − distribute any part of the Platform over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database;
• − take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
• − use any device, software, or routine to interfere or attempt to interfere with the proper working of the Platform or any activity conducted on the Platform;
• − attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Platform;
• − engage in any other conduct that restricts or inhibits any other person from using the Platform;
• − take any action that violates or threatens Platform’s system or network security.

8. Limitation of Liability

8.1. Subject to the limitations set out in the Agreement and to the extent permitted by law, we shall only be liable for direct damages actually suffered by you due to an improper performance of our obligations when executing our Services.

8.2. To the extent permitted under applicable law, we shall not be liable to you or others for any indirect damage or any loss of data, opportunities, reputation, profits or revenues, related to the use of Services.

8.3. We do not warrant that the Services will meet your requirements; that the provision of Services will be uninterrupted, timely, secure, or error-free; that any defects or errors of Services’ system will be corrected; that the Services will be available at any particular time or location; or that the Services is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Services.

9. Amendment of the Agreement and Termination of the Services

9.1. This Agreement is subject to amendments upon notice to you by email providing notice on the Website fourteen (14) calendar days in advance. The new terms and conditions of the Agreement shall enter into force fourteen (14) calendar days after the submission of the notice. If you do not agree to the new terms of the Agreement, simply do not use our Services, unsubscribe the Tool in your Account or do it by contacting us by e-mail [help@loadroad.eu]. For the provision of Services applies version of the Agreement which was valid when ordering the Tool.

9.2. You can always find the current and valid version of the Agreement on the Website.

9.3. We can cancel the provision of the Services at any time if we become aware that you do not comply with this Agreement or any other applicable laws.

10. Final Provisions

10.1. Agreement and the provision of our Services shall be governed by and construed in accordance with Lithuanian law. Any dispute arising out of this Agreement and our Services shall be settled by mutual negotiations and in case of failure – submit to the competent courts in the Republic of Lithuania.

10.2. If any provision of the Agreement is or becomes invalid, you shall remain bound by all other provisions hereof.

10.3. We may assign all rights and obligations under this Agreement at any time without your consent. You may not assign any rights or obligations under this Agreement without our prior written consent, and any unauthorized assignment by you is invalid.

10.4. You warrant and represent that you are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non- business consumers in any jurisdiction does not apply to the use of the Platform or this Agreement.

10.5. If you have any questions regarding this Agreement or the Services contact us by e-mail [help@loadroad.eu] or phone number [+37065650047].