MARDOM GO TERMS OF USE AGREEMENT

 

To use the application (as defined below), you must agree to comply with this agreement. This agreement grants each of us certain rights and responsibilities. You will assume total and sole responsibility for all use of the application (including, but not limited to, all use occurring under your account number and credentials, ID, passwords, etc. – collectively, such information is “Account Information”).

By accepting this agreement, you will be limiting your remedies. Please read this agreement carefully.

As required by law in some places, you will also be asked to actively accept this agreement to be able to use the application. By clicking the “Accept” button, you agree and consent to be bound by all provisions of this agreement, including those incorporated by reference, without modification, limitation, or exception. You will bind yourself or your company to this agreement. You represent that you have the authority to bind your company, if done on behalf of a company, to this agreement. If you do not have such authority, you may not click the “Accept” button. You may not click the “Accept” button if you do not agree to this agreement. If you do not click the “Accept” button, you will not be able to access or use the application and/or Mardom Group services available through such an application.

Upon your acceptance of this agreement (as described in the paragraphs above), you acknowledge (and shall be deemed to have accepted the right) to enforce this Mardom Group End User License Agreement.

THE USE OF THE APPLICATION, INCLUDING THE COLLECTION, STORAGE, AND USE OF SHIPPING DATA AND ACCOUNT INFORMATION, IS SUBJECT TO THE PRIVACY POLICY OF MARDOM GROUP. A COPY OF THIS POLICY IS AVAILABLE AT:

https://www.mardom.com/politica-de-privacidad/

 

CONTENTS

1. PREAMBLE
2. PURPOSE OF THE APPLICATION
3. LICENSE GRANT
4. RESTRICTIONS
5. OTHER OBLIGATIONS OF THE PARTIES
6. TERMINATION
7. DISCLAIMER OF WARRANTY
8. SOLUTIONS
9. LIMITATION OF LIABILITY
10. LAW CONTROL AND SEVERABILITY
11. INDEMNIFICATION
12. TERMS AND CONDITIONS FOR CUSTOMS MANAGEMENT SERVICES
13. TERMS AND CONDITIONS FOR WAREHOUSING SERVICES
14. TERMS AND CONDITIONS FOR AGENCY, STEVEDORING, AND UNSTEVEDORING SERVICES
15. TERMS AND CONDITIONS FOR PORT TERMINAL AND CHASSIS SERVICES
16. TERMS AND CONDITIONS FOR CONTAINER AND TRUCK TRAILER REPAIR AND MAINTENANCE MANAGEMENT SERVICES
17. TRANSPORTATION TERMS AND CONDITIONS
18. BILLING TERMS OF MARDOM GROUP
19. ON SERVICE CONDITIONS AND PAYMENT TERMS
20. FINES FROM DOMINICAN AUTHORITIES
21. ON DIGITAL SIGNATURES, DOCUMENTS, AND ELECTRONIC COMMERCE
22. NOTICE / DISCLAIMER
23. ETHICAL STANDARDS
24. TERMS FOR RESERVATION HANDLING AND ONLINE PAYMENTS
25. ENTIRE AGREEMENT

 

• PREAMBLE

Marítima Dominicana, S.A.S. will be granting access to its web portal MARDOM GO and mobile applications (hereinafter “THE PORTAL”) to employees, representatives, and any person designated through the electronic signature of this agreement, hereinafter “The User.”

In the event that the person authorized through this means to access THE PORTAL ceases to work with the corporate account, business name, or individual person contracting the services of Mardom Group, hereinafter “THE CLIENT”, or, if The User is not an employee of THE CLIENT but has been authorized by THE CLIENT to access THE PORTAL, loses such privileges, THE CLIENT undertakes to communicate it in writing to MARDOM, at the email address unroll@mardom.com, or by clicking on the following link “I want to access the MardomGo User Withdrawal Form” through a request and instructions to revoke access to the platform of THE PORTAL to said individual. This request must be duly acknowledged as received by MARDOM, and the latter will have a period of three (3) business days to revoke access privileges for the person indicated by THE CLIENT.

In this regard, THE CLIENT agrees to release and discharge MARDOM, its advisers, directors, executives, shareholders, employees, and affiliates, from any claim, loss, expense, damages, and costs, including reasonable attorney’s fees, arising from the use of information and services and transactional processes of THE CLIENT offered by MARDOM on THE PORTAL and resulting from any activity related to its account (including negligent or unlawful conduct) by any user accessing THE PORTAL through THE CLIENT’s account, from the signing of this document until the subsequent three (3) business days granted to MARDOM to revoke access privileges to THE PORTAL.

• PURPOSE OF THE APPLICATION

TO PROVIDE THE SERVICES OF THE APPLICATION, OCCASIONALLY, MARDOM GROUP MAY NEED TO COLLECT PERSONAL INFORMATION FOR:

1. Providing online and real-time services to enhance the service experience and add value to our customers using maritime and air agency and representation services, customs documentation services, port cargo stowage services, logistics and supply chain management, as well as brokerage services for maritime, land, and air transport, storage of goods and cargo, customs management services, port terminal services, such as container clearance, reception, and inspections, commercial refrigeration services for LTL trucks and containers, as well as container repair and maintenance services, and financial services;
2. Establishing a relationship with the client and communicating with clients;
3. Developing, implementing, marketing, and managing services for clients;
4. Assisting for law enforcement purposes, collection of unpaid debts, credit information, and qualification purposes, customer identification verification, and protecting the business interests of Mardom Group and its clients;
5. Managing and promoting the legitimate business activities of Mardom Group; and
6. Complying with requirements imposed by law.

To process the Application, Shipping Information, and/or Limited Support Services and execute the License Agreement, in addition to all Data referred to in the above sections, Mardom Group may collect and process the following personal data (collectively, “Personal Data”):

• User’s name and physical address;
• User’s email address;
• User’s phone number;
• User’s application ID;
• Sender’s name and physical address;
• Sender’s email address;
• Sender’s phone number;
• Recipient’s name and physical address;
• Recipient’s email address;

1. Recipient’s phone number;

Your data will be processed primarily through electronic means to administer and provide maritime and/or air agency services, cargo stowage, logistics, and cargo transport (“Shipments”). These transport services include all relevant functions such as pick-up and delivery, customs clearance services, billing, etc., and sending non-commercial notifications related to such Shipments (excluding any direct marketing purpose) in accordance with applicable legislation, including security and confidentiality matters (“Services Provided”).

Hereby, you expressly consent to the collection and processing of Personal Data. In order to process the Application, Shipping Information, and/or Limited Support Services (both as defined in the License Agreement) and execute the License Agreement, and in compliance with applicable laws, Mardom Group may disclose personal data to its branches, subsidiaries, affiliates, and other legal entities within its group, or to processors responsible for hosting servers or the database, established inside or outside the EEA in countries/territories that do not provide an adequate level of protection as required by EU Directive 95/46/EC.

Hereby, you expressly consent to the specified transfer of Personal Data outside the countries/territories of the EEA. For the purposes of this paragraph, “Mardom Group” means “Marítima Dominicana, SAS” along with our subsidiaries and affiliates (collectively, “MARDOM GROUP”), located at Carretera Sanchez Km. 12 ½, Santo Domingo Oeste, PO BOX: 11116, Dominican Republic, and is considered a controller of personal data, established inside or outside the EEA in countries/territories that do not provide an adequate level of protection as required by EU Directive 95/46/EC. Hereby, you expressly consent to the specified transfer of Personal Data outside the countries/territories of the EEA.

Mardom Group may share your data with other entities and associates of Mardom Group located worldwide for the sole purpose of providing, managing, and improving the Services Provided. This may include cross-border transfers of your data, even to countries/territories that may not provide the same level of personal data protection as your country/territory of origin, and when your consent for such transfer is necessary and valid according to applicable law and without prejudice to other safeguards implemented by Mardom Group to cover such transfers as described below, by submitting data to the Application, you expressly agree that Mardom Group may make such transfers.

Mardom Group´s policy is not to give, sell, or distribute the information collected through the Application to third parties outside of Mardom Group and its subsidiaries (unless required by law); however, in some cases, we may use vendors, acting as data processors, to assist us in performing the Services Provided that will involve such third parties, using or otherwise processing on our behalf and under our instructions the information obtained through this Application. Our practice is to require our vendors to perform such activities in accordance with these terms and other applicable contractual requirements. A list of these third parties will be provided upon request to the address below.

Regarding the data provided by you about a recipient or a third party, you warrant that you have complied with applicable data protection laws, including obtaining all necessary consents and approvals for the supply of such data to Mardom Group and the processing by Mardom Group of this data as detailed in this document and, when you have provided data about a Recipient or a third party, you then warrant, represent, and undertake that, as an agent on behalf of Mardom Group, you have complied with all applicable data protection laws, including providing all information to the relevant data subject regarding the collection, transfer, and processing of such data, including, among others:

• The identity of Mardom Group as the data controller;
• The purposes of the processing;
• The categories of data you will pass to Mardom Group;
• Confirmation that the data will be transmitted to Mardom Group and Mardom Group´s affiliates located within and/or outside the European Economic Area, including in the United States;
• The mandatory or optional nature of providing data and the consequences of refusing to provide data;

1. The data subject’s rights to access data and request rectification of inaccurate data or object to its processing for legitimate purposes and contact details that can be used to exercise such rights.

You will indemnify Mardom Group for all costs, claims, damages, and expenses suffered or incurred by Mardom Group in connection with your breach of this Privacy Statement.

You have the right to access and, if necessary, rectify, delete, or object to the processing of personal data, as well as withdraw your consent to process and transfer personal data. You can exercise this right by contacting privacy@mardom.com. You understand and acknowledge that if you withdraw consent for the processing and transfer of personal data, you will no longer be authorized to access or use the Application and/or Mardom Group services available through the Application.

This Mardom Group End User License Agreement (“Agreement”) is entered into if you register on the Mardom Group applications and/or client and/or supplier portal and you or the entity on whose behalf you are executing this Agreement (“you”); or, if downloaded originally from anywhere else in the world, between Marítima Dominicana SAS (also “Mardom Group“, as appropriate) and you.

In consideration of the mutual promises and obligations set forth below, the sufficiency of which the parties acknowledge, Mardom Group and you acknowledge and agree as follows:

• LICENSE GRANT

1. Subject to the terms and conditions of this Agreement, Mardom Group grants you a personal, non-exclusive, royalty-free, non-assignable, non-transferable, limited, and revocable license, with no right to sublicense, to access and use, within the country/territory where you registered on our client and/or supplier portal or originally downloaded, the Mardom Group application currently known as “Mardom Go” (“Application”) solely (i) in connection with interactive devices (the “Products”) sold or licensed to the Licensee by a mobile device provider Android or IOS (“Product Provider”) and owned or controlled by the Licensee and as permitted by the usage rules set forth in the Google or Apple app store terms of service; and, (ii) to access, through the means provided by the Application, Shipping Information (as defined below) and for no other purpose. You may download and use the Application only on one (1) Product owned or under your control; a separate download and installation of the Application are required for each Product on which you intend to use the Application. This Agreement governs your access and use of the Application at the address(es) and under the account numbers of Mardom Group and/or registration numbers reflected in the records and account information of Mardom Group. To the extent that Mardom Group makes available to you any updates, enhancements, improvements, bug fixes, or other modifications to the Application (collectively, “Modifications”), such Modifications shall be deemed part of the Application and shall be subject to the terms and conditions of this Agreement. For the purposes of this Agreement, the term “Mardom Group” shall also mean and include Mardom Group and its subsidiary companies and business associates; provided, however, that this Agreement is between You and Mardom Group.
2. By installing the Application, you request that Mardom Group compile and format information related to shipments of which you are the sender, recipient, or third-party payer (“Shipping Information”). Subject to the terms and conditions of this Agreement, Mardom Group grants you a personal, non-exclusive, royalty-free, non-assignable, non-transferable, limited, and revocable license, with no right to sublicense, to use the Shipping Information provided by Mardom Group. You understand and agree that the Shipping Information will be based on information available to Mardom Group, which may be limited, estimated, or incomplete (as a result, in part, but not entirely, of the sender’s request that Mardom Group block certain shipping information from the Shipping Information provided to you) and that such information may change or be modified. You acknowledge and agree that updates to Shipping Information are not guaranteed. You acknowledge and agree that the shipping information is the private property of Mardom Group. YOU ASSUME THE RISK OF ALL LOSSES OR DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SHIPPING INFORMATION OR LOCATION INFORMATION.
3. The Application may provide you with the ability to send Shipping Information to a third party via email (“Share Capability”). To the extent that the Application provides Share Capability, Mardom Group grants you a personal, non-exclusive, royalty-free, non-assignable, non-transferable, limited, and revocable license, with no right to sublicense, to use the Share Capability and send Shipping Information only to third parties (i) with whom you have an existing business or personal relationship; (ii) who have granted you permission to use the contact information of such third parties; and (iii) who have a legitimate interest in the Shipping Information and related shipment. You shall use the Share Capability in accordance with all applicable laws and regulations. You will not use Share Capability to (iv) send unsolicited messages; (v) engage in phishing or spam activities; (vi) advertise, promote, or market, in any form or nature, any product or service; (vii) send material that contains any obscene, pornographic, offensive, or defamatory content of any kind (whether text, graphics, images, photographs, sounds, etc.) or other content or material that, in the reasonable judgment of Mardom Group, may be found objectionable by the intended recipient of the message; (viii) transmit, store, install, or make available any material that contains viruses or any other code, file, or computer program that may damage, disrupt, or limit the normal operation of the Application or Product; or, (ix) any other activity that is inappropriate, unlawful, or illegal. You shall not disable, forge, hack, or interfere with any security, digital signature mechanisms, verification, or authentication mechanisms that are incorporated or used by the Application or Product or allow others to do so. You may not excessively use Share Capability, or the networks or bandwidth implemented by Share Capability, as determined by Mardom Group in its sole discretion. You acknowledge and agree that Share Capability, and information sent through Share Capability, uses various public networks, in various media, and is not secure. You acknowledge and agree that Share Capability is not a secure or guaranteed delivery service and should not be used or relied upon as such. You should not use Share Capability to transmit sensitive or confidential personal information. You shall comply with any applicable notice or consent requirement regarding any collection, transmission,
4. By providing the use of the Application to your customers, Mardom Group may offer the option to receive various Mardom Group customer service messages on your mobile device, such as Shipping Information. These automatic notifications may be sent whether you are logged into the Application or not. The option to receive automatic notifications is offered as a free service; however, your mobile service provider may charge data fees. If you do not wish to receive automatic notifications from Mardom Group, you must click “Do not allow” when prompted. If you wish to receive automatic notifications from Mardom Group, you must click “Allow” when prompted. You can stop receiving automatic notifications by changing the notification settings on your mobile device or adjusting the notification settings in the Application menu.
5. The Application may contain links or other capability for you to access or use other services offered by Mardom Group or its affiliates (e.g., services that allow you to tag, rate, route, record, and bill shipments delivered to Mardom Group affiliates for transport on your behalf or act regarding shipments sent to you). Access and use of such services are governed and subject to the applicable agreements for such services (e.g., Mardom Group´s terms of service, Mardom Group´s service guide, Mardom Group´s standard transportation conditions, Mardom Group´s international service terms and conditions, any other transportation term, end-user license agreements, and credit policies), all of which may be modified, from time to time, by Mardom Group at its sole discretion with or without notice.

• RESTRICTIONS:

The licenses do not permit, and you shall not (and shall not allow any employees or third parties to):

1. Reverse engineer, decompile, disassemble, or translate the Application;
2. Apply any procedure or process to the Application to determine, derive, and/or appropriate for any reason or purpose, the source code or source listings for the Application or any trade secret or confidential information or process contained in the Application;
3. Remove or alter any product identification, trademark, copyright, or other notices;
4. Transfer the Application or the license, in whole or in part, or grant any rights to the Application or the license, in whole or in part, by sublicense or otherwise;
5. Provide, lease, lend, or use or allow others to use or access the Application or any part thereof;
6. Disseminate or disclose information or performance analysis (including, among others, benchmarks) related to the Application without the prior written consent of Mardom Group
7. Use or display (including, without limitation, doing so independently (e.g., not in connection with the Products)) the Application or parts or components of the Application separately from the Application;
8. Reproduce or distribute the Application;
9. Modify or create derivative works of the Application;
10. Attempt to bypass or modify any technology or security software that is part of, or operates in connection with, the Application or the Products;
11. Use the Application in violation of any restriction contained in this Agreement (including, among others, those included in Section 1(c)); or,
12. Use the Application to perform or order Shipping Information for the benefit of third parties (other than wholly owned affiliates), including, among others, third-party shippers, resellers, or consolidators, or shipping-related services, except as expressly permitted by a separate written agreement between Mardom Group and you.

You shall immediately notify Mardom Group in writing at the email address comite_conducta@mardom.com and/or the following link https://www.mardom.com/nueva-linea-etica/ upon discovery of any unauthorized use of the Application. Mardom Group and/or the Product Provider may prevent access or use of the Application, Products, or each other’s systems if they have reason to believe that (a) You or a third party using the Application or licensed Products for You may be involved in possible unauthorized use or other infringement of Mardom Group´s or the product provider’s proprietary rights or (b) Your or Your use of the Application and/or Products infringes this Agreement or any agreement between You and the product provider.

1. The Application is the exclusive property of Mardom Group and/or its licensors. Except for the rights expressly granted in this Section, Mardom Group and/or its licensors retain all rights, title, and interest in and to the Application, in whole and in part. Except for the rights expressly granted in this Section, all other rights are reserved.
2. You agree to comply with applicable third-party terms when using the Application.
3. The Application may provide position or location-related information about You in and/or Mardom Group store locations (“Location Information”) that may be collected, transmitted, or downloaded from a global positioning satellite, device, software program, or other system or technology capable of producing automatic location detection data regardless of accuracy. To the extent the Application provides Location Information, Mardom Group grants you a personal, non-exclusive, royalty-free, non-assignable, non-transferable, limited, and revocable license, with no right to sublicense, to use the Location Information to access address data for Mardom Group store locations. You may not excessively use the Location Information or the networks or bandwidth implementing the Location Information, as determined by Mardom Group in its sole discretion. You acknowledge and agree that any location data provided by the Application is for basic mapping purposes and is not intended to be used in situations where precise location information is needed or where incorrect, inaccurate, or incomplete data may cause death, personal injury, property, or environmental damage. Mardom Group does not guarantee the availability, accuracy, completeness, reliability, or timeliness of location data or any other data displayed by the Application. HEREBY YOU AGREE TO THE COLLECTION, TRANSMISSION, AND USE OF YOUR LOCATION DATA IN CONNECTION WITH THE APPLICATION AND UNDERSTAND THAT THE USE OF ANY LOCATION INFORMATION PROVIDED BY THE APPLICATION IS AT YOUR OWN RISK, AS ANY DATA PROVIDED MAY NOT BE ACCURATE.
4. The Application may contain links or other capability for you to access or use third-party services offered through the Product (e.g., maps, VoIP, etc.), including the Google Places API. Access and use of such services are governed and subject to the applicable agreements for such services, including the Google Maps Terms, Legal Notices, and Acceptable Use Policy. These agreements may be modified, from time to time, by the provider of such service at its sole discretion with or without notice. Your access or use of such services indicates your acceptance of such third-party agreements, and you represent, warrant, and agree to comply with such agreements. The licenses granted pursuant to this Agreement do not alter the rights and obligations you may have under such third-party licenses.
5. To the extent you provide Feedback to Mardom Group, all and any Feedback shall be the exclusive property of Mardom Group. Hereby, you assign to Mardom Group all rights, title, and interest (including, among others, intellectual property, and other proprietary rights) in and to any Feedback, without payment of any additional consideration to you or a third party. “Feedback” means all and any comments, suggestions, improvements, designs, specifications, inquiries, and other communications related to the Application, or any product or service offered by Mardom Group or any of its affiliates. Mardom Group is free to use the Feedback for any purpose. Feedback helps Mardom Group create and improve the services it offers.

• OTHER OBLIGATIONS OF THE PARTIES

1. In addition to the requirements of the Product Provider, you shall follow Mardom Group´s instructions, including those provided in the Application and/or documentation, provided from time to time, for the access and use of the Application (including, without limitation, you shall: configure the Application; apply Modifications to the Application as provided by Mardom Group; retrieve information and/or data from the Application; and/or disable the Application in case your license is terminated, all in accordance with the instructions provided by Mardom Group). Hereby, you accept all Modifications made by Mardom Group or on its behalf. You are solely responsible for providing and maintaining all hardware and software (including the Products) necessary to access and use the Application. Additionally, you are solely responsible for obtaining access to the Internet or the World Wide Web. Such access is required to use the Application.
2. Mardom Group, at its sole discretion, may repair, modify, replace, or delete the Application in case any issues arise with the Application (“Limited Support Services”). Except for such Limited Support Services, Mardom Group does not commit to providing any maintenance or support regarding the Application. You acknowledge that the Products and other services provided by the Product Provider are not provided by Mardom Group. You acknowledge and agree that it is your sole responsibility to arrange with the Product Provider all and any warranties, maintenance requirements, and remedies arising from your access and use of the Products. Therefore, you waive all and any claims against Mardom Group arising from or related to your use of the Products or other services provided by the Product Provider. You acknowledge that the Product Provider does not provide the Application and Shipping Information, and you waive all and any claims against the Product Provider arising from or related to your use of the Application Information or Shipping. To avoid doubts, the Product Provider is not obligated to provide you with any maintenance or support regarding the Application. Questions, complaints, or other issues related to the Application should be sent to: Mardom Group, Carretera Sánchez Km. 12 ½, Santo Domingo Oeste, PO BOX: 11116, Dominican Republic, or via email to calidad@mardom.com.
3. You acknowledge that the Products are provided by the Product Provider. You will look solely to the Product Provider regarding all and any issues and/or claims arising from or related to the Products or other services provided by or on behalf of the Product Provider. You acknowledge that Mardom Group provides the application and shipping information. Subject to the terms of this Agreement, you will look solely to Mardom Group regarding all and any issues and/or claims arising from or related to your use of the Application or Shipping Information.
4. You are advised and encouraged to maintain backups of any data or information (including names, addresses, reports, etc.) that you use or store onthe Application (collectively, “Data”). Mardom Group is not and will not be responsible for the loss or damage of the Data. You will not upload, process, or store Data through the Application that is unnecessary or unrelated to conducting business with Mardom Group. Mardom Group will have access to the Data used or processed on the Application. Mardom Group reserves the right to collect, access, use, store, analyze, delete, or erase any Information in connection with the provision of any service or in connection with this Agreement. Additionally, you consent to the collection, storage, www.Mardom.com; (iii) technical and usage data and related information, including, among others, technical information about your mobile device, application software and system, peripherals, general diagnostic and usage data, performance statistics, data about how you use your device, and other general system information, (iv) any information you enter into the Application or provide to Mardom Group in any other way, all of which Mardom Group and/or its designees may use to respond to your requests, process transactions, product support and development, identity management, security, auditing, and marketing. Additionally, you consent to the transfer of such information to Mardom Group and/or its designers (including affiliates and service providers).
5. When using the Application, the Application may request your permission to access your content and information, including your address book containing contact information of other people. You do not have to grant such permission, but if you choose to do so, you are granting Mardom Group and its affiliates the right to the contact information in your address book, which may include names, phone numbers, email addresses, and other personally identifiable information.
6. “ Mardom Group Confidential Information” means all information disclosed by Mardom Group or an affiliate of Mardom Group, whether verbally or in writing, that is designated as confidential or that should be understood as confidential given the nature of the information and the circumstances of the disclosure. Mardom Group Confidential Information includes the services and Content of Mardom Group (“Content” means information uploaded or entered by you or Mardom Group in Mardom Group´s services or the Application). Mardom Group Confidential Information also includes the terms and conditions of this Agreement, all service prices, as well as business and marketing plans, technology and technical information, product plans and designs, Feedback, and business processes disclosed to you. You will use the same degree of care that you use to protect the confidentiality of your own similar type of confidential information (but no less than reasonable care). You will not use Mardom Group Confidential Information for any purpose outside the scope of this Agreement. You will limit access to Mardom Group Confidential Information to those of your employees and contractors and those of your affiliates who need that access for purposes consistent with this Agreement and who are subject to the confidentiality provisions of this Agreement. All Mardom Group Confidential Information remains the exclusive property of Mardom Group, and you have no implied licenses or other rights to Mardom Group Confidential Information not specified in this Agreement. Hereby, you acknowledge that unauthorized disclosure or use of Mardom Group Confidential Information could cause irreparable harm and significant injury to Mardom Group that may be difficult to ascertain. Accordingly, you agree that Mardom Group shall have the right to seek immediate injunctive relief to enforce obligations under this Agreement, in addition to any other rights and remedies it may have.

• TERMINATION

This Agreement is effective until terminated by either party. This Agreement will terminate automatically without prior notice if you fail to comply with any provision of this Agreement or any instruction regarding the Application provided by Mardom Group. You must cease using the Application upon the termination of this Agreement for any reason. Mardom Group reserves the right to unilaterally terminate this Agreement and the use of the Application at any time, for any reason, and by any means.

• WARRANTY DISCLAIMER

You expressly acknowledge and agree that:

(1) The Application, Shipping Information, Location Information, and/or Limited Support Services are provided to you free of charge.

(2) The Product Provider is not the owner, licensor, or provider of the Application, Shipping Information, Location Information, and/or Limited Support Services.

(3) Mardom Group is not the owner, licensor, or provider of the Products.

The application, shipping information, Mardom Group ‘s confidential information, location information, and/or limited support services are provided “AS IS,” without any warranty of any kind.

THE APPLICATION MAY BE INCOMPLETE AND MAY CONTAIN ERRORS OR INACCURACIES THAT COULD CAUSE FAILURES, CORRUPTION, AND/OR LOSS OF DATA OR INFORMATION. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY USE OF THE APPLICATION IS AT YOUR OWN RISK, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE ACCURACY, AND EFFORT IS ON YOU.

To the extent permitted by applicable law, Mardom Group and (a) its parent company, (b) subsidiaries and affiliates, direct and indirect, of its parent company or of it, (c) licensors, (d) suppliers, (e) channel partners (e.g., distributors, associated service providers, etc.) and (f) any of the respective employees, officers, directors, and/or agents of the foregoing (collectively (a) – (f) are the “Representatives”) and (g) the Product Provider hereby disclaim and exclude all warranties, whether express, statutory, or implied, including, among others, implied warranties of merchantability and fitness for a particular purpose, and warranties of non-infringement or quiet enjoyment. Mardom Group, the Representatives, and/or the Product Provider do not warrant that the application, shipping information, location information, and/or limited support services will meet all or some of your requirements. Mardom Group, the Representatives, and/or the Product Provider do not warrant that the Application, Shipping Information, Location Information, and/or Limited Support Services will be uninterrupted or error-free or that any defect within any of the foregoing will be corrected. Mardom Group, the Representatives, and/or the Product Provider do not warrant that the Application, Shipping Information, Location Information, Limited Support Services, or any related service or content is error-free, virus-free, bug-free, or other program limitations-free. Mardom Group, the Representatives, and/or the Product Provider do not warrant Internet access or any other service or content through the Application. Additionally, Mardom Group, the Representatives, and/or the Product Provider do not warrant or make any representation or condition regarding the results of your installation or use of the Application, Location Information, or Shipping Information in terms of capacity, correctness, accuracy, reliability, or otherwise. No information, representation, or advice, whether oral or written, provided by Mardom Group, the Representatives, or the Product Provider or an authorized representative of any of them will create any warranty.

Without limiting the generality of the foregoing, to avoid doubt, Mardom Group, the Representatives, and/or the Product Provider make no warranty, representation, or covenant regarding infringement, misappropriation, or other violation of intellectual property rights (including, among others, patents, copyrights, trademarks, trade secrets, moral rights) or any other property right or any other right, privilege, or immunity of any party.

• SOLUTIONS

To the maximum extent permitted by applicable law, the solution for any dissatisfaction with the Application, Location Information, or Shipping Information is to stop using the Application. You agree to seek from the Product Provider any solution for damages arising out of your reach, use, or inability to access or use the Products. You acknowledge that the Product Provider does not provide the Application and Shipping Information, and you waive all claims against the Product Provider arising from or related to your use of the Application or Shipping Information. You acknowledge that Mardom Group is responsible for addressing any issues related to the Application. You agree that the solution set forth in this Section is your exclusive solution under this Agreement for any dissatisfaction with your access or use (or inability to perform) the Application or the Products

• LIMITATION OF LIABILITY

You acknowledge that Mardom Group provides you with the Application, Location Information, Shipping Information, and/or Limited Support Services free of charge.

Regardless of whether based on breach of contract, breach of warranty, tort (including negligence), product liability, strict or legal liability, or otherwise:

(a) To the maximum extent permitted by applicable law, none of Mardom Group, the Representatives, or the Product Provider is or will be liable for any special, incidental, exemplary, punitive, consequential, or other indirect damages (including damages for loss of business, loss of data, lost profits, damages to your computer systems, or the like);

(b) The total liability of Mardom Group for any reason will be limited to US$0.00; and,

(c) The total liability of the Product Provider and/or any Representative (individually or collectively) for any reason will be limited to US$0.00. In any case, the Product Provider has no obligation or liability regarding issues (e.g., product liability, compliance with legal or regulatory requirements, consumer protection, or similar legislation, claims for intellectual property infringement) with the Application. All issues related to the Application must be addressed to Mardom Group for resolution, subject and pursuant to this Agreement, which may include the termination of this Agreement and the cessation of the use of the Application.

The foregoing exclusion and limitation of liability will apply even if Mardom Group, any Representative, and/or Product Provider have been advised of the possibility of such damages, and even if it is determined that a remedy set forth herein has failed its essential purpose.

Some jurisdictions do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. The damage limitations set forth above are fundamental elements of the basis of the bargain between Mardom Group and you. Mardom Group could not provide the Application, Location Information, or Shipping Information without such limitations. For purposes of Sections 4 and 6 only, the term ” Mardom Group ” shall be deemed to mean ” Mardom Group and its Representatives.” To avoid doubt, the Product Provider and each Representative are third-party beneficiaries of this agreement, including, for the purposes of Sections 4 and 6.

• LAW OF CONTROL AND SEVERABILITY

This Agreement shall be governed and construed in accordance with the laws of the Dominican Republic. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible to affect the intent of the parties, and the remainder of this Agreement shall remain in full force and effect. Any cause of action with respect to the Application must be commenced within six (6) months after the claim or cause of action arose.

• INDEMNIFICATION

You shall, at your sole cost and expense, defend, indemnify, and hold Mardom Group and its Representatives harmless from and against any and all claims, demands, suits, losses, liabilities, damages, costs, expenses, fines, judgments, and other liabilities, including reasonable attorneys’ fees (hereinafter collectively referred to as “Claims”) arising out of or related to your breach of any provision of this Agreement, your installation, use, and/or removal of the Application, your access or use of (or inability to access or use) the Shipping Information, Location Information, or any other information or materials provided to you by Mardom Group or its Representatives or on their behalf. Mardom Group may intervene and assume your defense in such Claims, at your expense and in its sole discretion.

• CUSTOMS MANAGEMENT SERVICES TERMS AND CONDITIONS

You understand and agree that the Application may contain features that you can use to make requests and trace the status of required customs procedures, including the submission or download of attached documents and the viewing of associated invoices. You assume total responsibility for transactions made with your user account, on your behalf, and on behalf of the company you represent.

• WAREHOUSE SERVICES TERMS AND CONDITIONS

You understand and agree that the Application may contain features that you can use to make requests for the reception and dispatch of goods, trace the status of required warehouse operations, view inventories of goods and their characteristics, including the submission or download of attached documents and the viewing of associated invoices and payments. You assume total responsibility for transactions made with your user account, on your behalf, and on behalf of the company you represent.

• TERMS AND CONDITIONS FOR AGENCY, STEVEDORING, AND UNSTEVEDORING MANAGEMENT SERVICES

You understand and agree that the Application may contain features that you can use to make requests and trace the status of agency, ship handling and stevedoring management, as required. This includes the submission or download of attached documents and the viewing of associated documents and invoices. You assume total responsibility for transactions made with your user account, on your behalf, and on behalf of the company you represent.

• TERMS AND CONDITIONS FOR PORT TERMINAL AND CHASSIS SERVICES

You understand and agree that the Application may contain features that you can use to make appointments and reservations for shipping equipment, requests and traceability of the status of required port terminal operations, as well as dispatch and reception services for port shipping equipment such as containers, chassis, and other transactions, including the submission or download of attached documents and the viewing of associated invoices. You assume total responsibility for transactions made with your user account, on your behalf, and on behalf of the company you represent.

• TERMS AND CONDITIONS FOR CONTAINER AND TRUCK TRAILER REPAIR AND MAINTENANCE MANAGEMENT SERVICES

You understand and agree that the Application may contain features that you can use to make reservations, appointments, service requests, and trace the status of repair, maintenance, and parts purchase management, as required. This includes the submission or download of attached documents and the viewing of associated invoices. You assume total responsibility for transactions made with your user account, on your behalf, and on behalf of the company you represent.

• TRANSPORTATION TERMS AND CONDITIONS

You understand and agree that the Application may contain features that you can use to make requests and trace the status of air, maritime, and land transportation operations as required. This includes functionalities for sending or downloading attachments and viewing invoices and other associated documents. You assume full responsibility for transactions conducted with your user account, on your behalf, and on behalf of the represented company.

• GROUP MARDOM BILLING TERMS

You agree that the invoicing will be carried out exclusively electronically for all services managed through this application or our digital platform, or those services managed by any other means, whether in-person, by phone, or by mail. The invoice will be supported only by the details of the service request received, bill of lading number, or order details for reference, as applicable. Invoices for logistics services with attributes of variability based on elapsed time will be issued from the corresponding cutoff date.

• SERVICE TERMS AND PAYMENT TERMS

Services provided by Mardom Group will be executed against a written service order via electronic means or others from the User and will commence upon receipt of the upfront payment or after the User receives commercial credit approval granted by Mardom Group. You acknowledge that Marítima Dominicana SAS will apply a two percent (2%) late fee once the invoiced services have exceeded the payment due date as per the credit terms. The User accepts that Marítima Dominicana SAS reserves the right to suspend services if there are overdue invoices according to their credit terms.

• DOMINICAN AUTHORITIES FINES

Late Declaration: A fine equivalent to 3% of the CIF value will apply for any cargo not declared to the DGA within the first 10 days from the arrival of the cargo, Art. 51 and 52, Law 3489.

Customs Declaration with Errors (Incorrect Tariff Codes or Misapplication of Treaties): A fine equivalent to twice the amount unpaid plus 20% will apply when the customs declaration presented to the DGA contains tariff errors or the misapplication of trade treaties leading to a reduction in tax payments to the detriment of the State, according to Art. 196, Law 3489, and Law 146-00.

Manifest Corrections: Fines and additional charges will apply for corrections in cargo manifests submitted to the Customs Authority.

It is recommended to carefully review the following information in your pre-custom’s clearance: Description of Goods, Declared Quantities, Tariff Codes, Origin of Goods, Applied Trade Treaties, and Declared CIF Value.

• DIGITAL SIGNATURES, DOCUMENTS, AND E-COMMERCE

By accepting this agreement, the Client acknowledges Law 126-02 of the Dominican Republic on Electronic Commerce, Documents, and Digital Signatures. Consequently, they accept that the terms and conditions of this agreement, and thus the obligations, can be assumed and agreed upon through electronic documents and data messages, as provided for in Article 14 and other articles of the mentioned law. Likewise, the User agrees and commits to using message delivery for service requests and digital signatures as acknowledgment and acceptance of the receipt of contracted services when applicable, according to Article 29 on Electronic Commerce in Freight Transport and other articles of Law 126-02.

• NOTICE / DISCLAIMER

Service Conditions, Mardom’s Responsibilities, and Third-Party Service Payment Management:

In some cases, as a convenience for some of our users and clients and for budget planning purposes in terms of costs, our customs department provides information related to “estimated costs” of services to be billed by third parties, making our best efforts for accuracy, depending on the availability of information provided by various actors and service providers (Shipping Companies and Agencies, Consolidators, Port Stevedores, Terminals, Government Entities, Transport Companies, Warehouses, etc.) that have been directly or indirectly contracted by the client (Consignee, Shipper, or Cargo Owner).

The Final Cost may vary in relation to the “Estimated Cost,” depending on the variables contained in the contract for these services, such as the exchange rate, free days, etc.

These port services may include Freight, THC (Terminal Handling Charges), Equipment Delays, Port Storage Costs, Electricity and Maintenance Costs, Taxes, transportation, among others. For greater precision and certainty, we encourage our clients to demand in writing from their service providers confirmation of port charges and the structure of the delay and free days that apply. Marítima Dominicana SAS is not responsible for the terms of services and/or costs, or variations in costs issued by third parties arising from port services generated by the import and/or export of goods.

Taxes and tariff amounts vary according to the laws and regulations administered by the General Directorate of Customs, based on the sworn customs declaration made by the client, including international trade treaties, Description of Goods, Declared Quantities, Tariff Codes, Customs Regime, Origin of Goods, and Declared CIF Value.

Marítima Dominicana SAS will act as a channel to feed and update the Customs and relevant authorities’ systems with the information provided by the client, who, together with their supplier, is knowledgeable about the real composition of the imported and transported products and goods, and therefore, the client releases Marítima Dominicana SAS from any responsibility to the Dominican Authorities and the General Directorate of Customs.

• ETHICAL STANDARDS

Mardom Group is an organization with values of responsibility and integrity. Therefore, we conduct business with the highest ethical standards and promote compliance with national and international laws and rules for the benefit of our Users, clients, colleagues, business associates, and the community. By accepting this agreement, the User commits to conduct themselves under the ethical standards stated on www.mardom.com. You also acknowledge that at Mardom Group, we strive to maintain an environment where open and honest communication is the norm, not the exception, and consequently, you accept the commitment to report any activity that you understand goes against our ethical principles. It is possible to report to the Conduct Committee at comite_conducta@mardom.com or anonymously through our ethics hotline at https://www.mardom.com/nueva-linea-etica/.

• TERMS FOR RESERVATION AND ONLINE PAYMENTS MANAGEMENT

You assume total responsibility for reservations, appointments, bookings, service requests, and payments made with your user account, on your behalf and on behalf of the company you represent.

• COMPLETE AGREEMENT

This Agreement, including its Annexes, constitutes the complete agreement between you and Mardom Group regarding the Application and replaces any previous or contemporaneous understanding, representation, statement, or agreement, written or oral, regarding the Application. As used in this Agreement, “including” means “including, without limitation” and is illustrative rather than exhaustive. No amendment or modification of this Agreement will be binding on Mardom Group without the written consent of Mardom Group. You may not assign or transfer this Agreement, or the licenses granted in it, even by operation of law, without the prior written consent of Mardom Group. Any assignment or transfer violating the above is invalid. Additionally, except for Representatives and the Product Provider, you and Mardom Group acknowledge and agree that there are no third-party beneficiaries of this Agreement. Any translation of this Agreement is done for local requirements, and in case of a dispute between the Spanish version and other languages, the Spanish version of this Agreement will prevail. You acknowledge and agree that when Spanish is not your preferred or first language, you accept this English version, have read, and understood its terms, and are responsible for seeking translation if deemed necessary.

 

Doc. Date revised April/2022