MARDOM Go Terms of Use Agreement

You agree that all invoices will be sent exclusively electronically for all services managed through this application, our digital platform, or by any other means, whether in person, by phone, or via email. Invoices will only reflect the details of the service request received, the bill of lading number, or purchase order details, as applicable. Invoices for logistics services with variable attributes based on elapsed time will be issued as of the corresponding cut-off date.You understand and agree that the application may contain features that allow you to make requests for the receipt and dispatch of goods, track the status of required warehouse operations, view goods inventories and their characteristics, including sending or downloading attached documents and viewing associated invoices and payments. You assume full responsibility for transactions made with your user account, on your behalf and the company you represent.You understand and agree that the application may contain features that allow you to make requests for the receipt and dispatch of goods, track the status of required warehouse operations, view goods inventories and their characteristics, including sending or downloading attached documents and viewing associated invoices and payments. You assume full responsibility for transactions made with your user account, on your behalf and the company you represent.TO USE THE APPLICATION (AS DEFINED BELOW), YOU MUST AGREE TO COMPLY WITH THIS AGREEMENT. THIS AGREEMENT GRANTS CERTAIN RIGHTS AND RESPONSIBILITIES TO EACH OF US. YOU WILL ASSUME FULL AND SOLE RESPONSIBILITY FOR ALL USE OF THE APPLICATION (INCLUDING, BUT NOT LIMITED TO, ALL USE THAT OCCURS UNDER YOUR ACCOUNT NUMBER AND CREDENTIALS, ID, PASSWORDS, ETC. (COLLECTIVELY REFERRED TO AS “ACCOUNT INFORMATION”).

BY ACCEPTING THIS AGREEMENT, YOU WILL BE LIMITING YOUR REMEDIES. PLEASE READ THIS AGREEMENT CAREFULLY.

As required by law in certain jurisdictions, you will also be asked to actively accept this Agreement 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 bind yourself or your company to this Agreement. You represent that you have the authority to bind your company if acting on its behalf under 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 the Grupo MARDOM services available through the application.

Upon accepting this Agreement (as described in the paragraphs above), you acknowledge (and it will be deemed that you have accepted the right) to enforce this Grupo MARDOM 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 GRUPO MARDOM PRIVACY POLICY, A COPY OF WHICH IS AVAILABLE AT:

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

 

CONTENT

  1. PREAMBLE
  2. PURPOSE OF THE APPLICATION
  3. LICENSE GRANT
  4. RESTRICTIONS
  5. OTHER OBLIGATIONS OF THE PARTIES
  6. TERMINATION
  7. WARRANTY DISCLAIMER
  8. REMEDIES
  9. LIMITATION OF LIABILITY
  10. GOVERNING LAW AND SEVERABILITY
  11. INDEMNIFICATION
  12. TERMS AND CONDITIONS FOR CUSTOMS MANAGEMENT SERVICES
  13. TERMS AND CONDITIONS FOR WAREHOUSE SERVICES
  14. TERMS AND CONDITIONS FOR AGENCY, STOWAGE, AND UNSTOWAGE MANAGEMENT SERVICES
  15. TERMS AND CONDITIONS FOR PORT TERMINAL AND CHASSIS SERVICES
  16. TERMS AND CONDITIONS FOR CONTAINER AND TRUCK TRAILER UNIT REPAIR AND MAINTENANCE SERVICES
  17. TERMS AND CONDITIONS FOR TRANSPORT SERVICES
  18. GRUPO MARDOM BILLING TERMS
  19. SERVICE CONDITIONS AND PAYMENT TERMS
  20. FINES FROM DOMINICAN AUTHORITIES
  21. ON DIGITAL SIGNATURES, DOCUMENTS, AND E-COMMERCE
  22. NOTICE / DISCLAIMER
  23. ETHICAL STANDARDS
  24. TERMS FOR HANDLING ONLINE RESERVATIONS AND PAYMENTS
  25. COMPLETE AGREEMENT

    • PREAMBLE

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

    If the person authorized through this agreement to access THE PORTAL ceases to work with the business account, legal entity, or individual contracting Grupo MARDOM’s services, hereinafter referred to as “THE CLIENT,” or, if The User is not an employee of THE CLIENT but has been authorized by THE CLIENT to access THE PORTAL and loses such privileges, THE CLIENT is obligated to notify MARDOM in writing at the email address unroll@mardom.com or by clicking on the following link, “Request to Access the MARDOM Go User Deactivation Form,” submitting a request and instructions to revoke the individual’s access to THE PORTAL. Such a request must be duly acknowledged as received by MARDOM, and the latter will have a period of three (3) business days to remove access privileges for the person indicated by THE CLIENT.

    In this regard, THE CLIENT agrees to indemnify and hold harmless MARDOM, its advisors, directors, executives, shareholders, employees, and affiliates from any claims, losses, expenses, damages, and costs, including reasonable attorney’s fees, arising from the use of information, services, and transactional processes of THE CLIENT provided by MARDOM through THE PORTAL, as well as from any activity related to their account (including negligent or unlawful conduct) by any user accessing THE PORTAL through THE CLIENT’s account, starting from the signing of this document and up to the three (3) business days granted to MARDOM to revoke access privileges to THE PORTAL.

    • OBJECTIVE OF THE APPLICATION

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

    1. Deliver online and real-time services to enhance the service experience and add value for customers using maritime and air agency services, customs documentation services, stevedoring and port unloading services, logistics and supply chain management, as well as intermodal transport services (maritime, land, and air), warehousing of goods and cargo, customs management, port terminal services (dispatches, receptions, and container inspections), commercial refrigeration services for LTL trucks and containers, workshops, and maintenance services for dry and refrigerated containers, as well as financial services.
    2. Establish and maintain a customer relationship and communicate with customers.
    3. Develop, implement, market, and manage services for customers.
    4. Assist with law enforcement purposes, collection of unpaid debts, credit reporting and rating purposes, customer identification verification, and protection of Grupo Mardom’s and its customers’ business interests.
    5. Manage and promote the legitimate business activities of Grupo Mardom.
    6. Comply with legal requirements.

    To process the application, shipping information, and/or provide limited support services, Grupo Mardom may collect and process the following personal data (collectively, “Personal Data”):

    • User’s full name and physical address
    • User’s email address
    • User’s phone number
    • User’s app ID
    • Sender’s full name and physical address
    • Sender’s email address
    • Sender’s phone number
    • Recipient’s full name and physical address
    • Recipient’s email address

     

    1. Recipient’s phone number

    This data will be processed primarily through electronic means to manage and provide maritime and/or air agency services, cargo handling, logistics, and transportation (“Shipments”). These transportation services include all related functions such as pickup, delivery, customs clearance services, invoicing, etc., as well as non-commercial notifications associated with such shipments (excluding direct marketing purposes), in compliance with applicable legislation, including security and confidentiality matters (“Services Provided”).

    By using the application, you expressly consent to the collection and processing of the Personal Data. To process the application, shipping information, and/or limited support services, and to execute the License Agreement in compliance with applicable laws, Grupo MARDOM may disclose Personal Data to its subsidiaries, affiliates, or external entities responsible for hosting servers or databases, established within or outside the EEA in countries/territories that may not offer an adequate level of protection as required by EU Directive 95/46/EC.

    You hereby give explicit consent for the transfer of Personal Data outside the EEA territories as specified above.

    For the purpose of this paragraph, “Grupo MARDOM” refers to “Marítima Dominicana, SAS” and its subsidiaries and affiliates (collectively “Grupo MARDOM”), located at Carretera Sánchez Km. 12 ½, Santo Domingo Oeste, PO BOX: 11116, Dominican Republic, acting as the data controller.

     Grupo MARDOM may share your data with other Grupo MARDOM entities and affiliates worldwide solely to deliver, manage, and improve the Services Provided. This may include cross-border data transfers, including to countries/territories that may not provide the same level of personal data protection as your country/territory of origin. By submitting data to the application, you expressly agree to such transfers under applicable law and Grupo MARDOM’s implemented safeguards.

    Grupo MARDOM’s policy is not to sell, distribute, or share information collected through the application to third parties outside Grupo MARDOM and its subsidiaries (unless required by law). However, in some cases, we may use service providers, acting as data processors, to assist in performing the Services Provided. Such activities will be conducted under our instructions and in compliance with these terms and applicable contractual obligations. A list of these third parties will be made available upon request at the address provided below.

    Regarding the data provided about recipients or third parties, you warrant compliance with applicable data protection laws, including obtaining all necessary consents and approvals for supplying such data to Grupo MARDOM and its processing as outlined herein. Where you provide data about a recipient or third party, you also warrant, represent, and agree that you act as an agent for Grupo MARDOM in compliance with all applicable data protection laws, ensuring the necessary information is provided to the relevant data subject concerning the collection, transfer, and processing of such data, including:

    • Grupo MARDOM’s identity as the data controller.
    • The purposes of the processing.
    • The categories of data provided to Grupo MARDOM.
    • Confirmation that data will be shared with Grupo MARDOM and its affiliates within and outside the EEA, including the United States.
    • The mandatory or optional nature of providing the data and consequences of refusal.
    1. The data subject’s rights to access, rectify, or object to the processing of inaccurate data and the relevant contact details for exercising these rights.

    You indemnify Grupo MARDOM against all costs, claims, damages, and expenses incurred by Grupo MARDOM resulting from your breach of this Privacy Statement.

    You have the right to access, rectify, delete, or object to the processing of personal data and withdraw consent for data processing or transfer. To exercise this right, contact privacy@mardom.com.

    By withdrawing your consent, you understand that you will no longer be authorized to access or use the application or Grupo MARDOM’s services available through it.

     

    This Grupo MARDOM End-User License Agreement (“Agreement”) is entered into if you register on Grupo Mardom’s applications and/or client or supplier portals. If downloaded elsewhere, this Agreement is between Marítima Dominicana SAS (also “Grupo MARDOM,” as applicable) and you.

     

    In consideration of the mutual promises and obligations set forth below, Grupo MARDOM and you agree as follows:

    LICENSE GRANT

    Subject to the terms and conditions of this Agreement, Grupo MARDOM grants you a personal, non-exclusive, royalty-free, non-assignable, non-transferable, limited, and revocable license, without the right to sublicense, to access and use, within the country/territory where you registered on our client and/or supplier portal or initially downloaded the application currently known as “MARDOM Go” (“application”), solely (i) in connection with interactive devices (“Products”) sold or licensed to the Licensee by an Android or iOS mobile device provider (“Product Provider”) that are owned or under the Licensee’s control and as permitted by the usage rules established 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 controlled by you; a separate download and installation of the Application is required for each Product on which you wish to use the application. This Agreement governs your access to and use of the application at the address(es) and under the Grupo MARDOM account number(s) or registration numbers reflected in Grupo MARDOM’s records and account information. To the extent that Grupo MARDOM makes available to you any updates, upgrades, enhancements, bug fixes, or other modifications to the application (collectively, “Modifications”), such Modifications shall be deemed part of the application and subject to the terms and conditions of this Agreement. For the purposes of this Agreement, the term “Grupo MARDOM” shall also include Grupo Mardom, its affiliates, and business associates; provided, however, that this Agreement is between you and Grupo Mardom.

    By installing the application, you request that Grupo MARDOM compile and format information related to shipments for which you are the sender, recipient, or third-party payer (“Shipping Information”). Subject to the terms and conditions of this Agreement, Grupo MARDOM grants you a personal, non-exclusive, royalty-free, non-assignable, non-transferable, limited, and revocable license, without the right to sublicense, to use the Shipping Information provided by Grupo MARDOM. You understand and agree that the Shipping Information will be based on information available to Grupo MARDOM, which may be limited, estimated, or incomplete (partly due, but not entirely, to the sender’s request that Grupo MARDOM 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 the Shipping Information are not guaranteed. You acknowledge and agree that the Shipping Information is proprietary to Grupo Mardom. YOU ASSUME THE RISK OF ALL LOSS OR DAMAGE ARISING FROM YOUR USE OR INABILITY TO USE THE SHIPPING INFORMATION OR LOCATION INFORMATION.

    The application may provide you with the ability to email Shipping Information to a third party (“Share Capability”). To the extent that the application provides Share Capability, Grupo MARDOM grants you a personal, non-exclusive, royalty-free, non-assignable, non-transferable, limited, and revocable license, without the right to sublicense, to use Share Capability to 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 their contact information; and (iii) who have a legitimate interest in the Shipping Information and the related shipment. You shall use Share Capability in compliance with all applicable laws and regulations. You may not use Share Capability to (and may not allow any third party to): (iv) send unsolicited messages; (v) engage in phishing or spamming activities; (vi) advertise, promote, or market any product or service; (vii) send material containing any obscene, pornographic, offensive, or defamatory content (whether text, graphics, images, photographs, sounds, etc.) or any other content that, in Grupo Mardom’s reasonable judgment, may be deemed objectionable by the intended recipient; (viii) transmit, store, install, or make available any material containing viruses or any other computer code, file, or program that may harm, interrupt, or limit the normal functioning of the application or Product; or (ix) engage in any other activity that is inappropriate, improper, or unlawful.

    You may not disable, falsify, hack, or interfere with any security mechanisms, digital signature mechanisms, verification, or authentication systems built into or used by the application or Product, nor allow others to do so. You may not excessively use Share Capability or the networks or bandwidth supporting Share Capability, as determined by Grupo MARDOM at its sole discretion. You acknowledge and agree that Share Capability and the information sent through it use and traverse various public networks, over various media, and are 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 must comply with any applicable notice or consent requirements concerning the collection or transmission of information.

    By providing the application to its customers, Grupo MARDOM may offer the option to receive various customer service messages on your mobile device, such as Shipping Information. These push notifications may be sent regardless of whether you are logged into the application. The option to receive push notifications is offered as a free service; however, your mobile service provider may charge data fees. If you do not wish to receive push notifications from Grupo MARDOM, you should select “Do not allow” when prompted. If you wish to receive push notifications, you should select “Allow” when prompted. You may stop receiving push notifications by changing the notification settings on your mobile device or adjusting the notification settings in the application menu.

    The application may contain links or other capabilities for you to access or use other services offered by Grupo MARDOM or its affiliates (e.g., services allowing you to tag, rate, route, register, and bill shipments delivered to Grupo MARDOM’s affiliates for transport on your behalf or take actions concerning shipments sent to you). Access and use of such services are governed by the applicable agreements for such services (e.g., Grupo Mardom terms of service, Grupo MARDOM Service Guide, Grupo MARDOM Standard Terms of Carriage, Grupo MARDOM International Terms and Conditions of Service, any other transportation terms, end-user license agreements, and credit policies), all of which may be modified from time to time at Grupo MARDOM’s sole discretion with or without notice.

    • RESTRICTIONS:

    The licenses do not permit, and you will not allow (nor will you permit any employee or third party to):

    1. Reverse engineer, decompile, disassemble, or translate the application.
    2. Apply any procedure or process to the application with the purpose of determining, deriving, or appropriating for any reason or purpose the source code or source listings of the application, or any trade secrets, confidential information, or processes contained within the application.
    3. Remove or modify any product identification, trademarks, copyrights, 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, through sublicensing or otherwise.
    5. Provide, lease, loan, or allow others to use or access the application or any part thereof.
    6. Disseminate or disclose performance information or analysis (including, but not limited to, benchmarks) related to the application without prior written consent from Grupo MARDOM.
    7. Use or display (including, but not limited to, doing so independently, e.g., not in relation to the Products) the application or parts or components of the application separately from the application itself.
    8. Reproduce or distribute the application.
    9. Modify or create derivative works of the application.
    10. Attempt to bypass or modify any security technology or software that is part of or operates in connection with the application or the Products.
    11. Use the application in violation of any restrictions included in this Agreement (including, but not limited to, those mentioned in Section 1(c)).
    12. Use the application to perform or request Shipping Information for or on behalf of third parties (other than wholly owned affiliates), including, but not limited to, third-party shippers, resellers, consolidators, or services related to shipping, unless expressly permitted by a separate written agreement between Grupo Mardom and you.

    You must immediately notify Grupo MARDOM in writing at the email comité_conducta@mardom.com and/or via the following link: https://www.mardom.com/nueva-linea-etica/ if you discover any unauthorized use of the application. Grupo MARDOM and/or the Product Provider may prevent access to or use of the application, Products, or their systems if they have reason to believe that (a) you or a third party using the application or Products under your license may be involved in unauthorized use or infringement of Grupo MARDOM’s or the Product Provider’s proprietary rights, or (b) your use or that of others infringes this Agreement or any agreement between you and the Product Provider.

    The application is the exclusive property of Grupo MARDOM and/or its licensors. Except for the rights explicitly granted in this Section, Grupo MARDOM and/or its licensors retain all rights, title, and interest in and to the application, in whole and in part. All other rights are reserved unless expressly granted in this Section.

     

    You agree to comply with the terms of third parties applicable when using the application.

    The application may provide position or location information related to you and/or Grupo MARDOM 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 data, regardless of accuracy. To the extent that the application provides Location Information, Grupo MARDOM 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 Grupo MARDOM store locations. Excessive use of Location Information, networks, or bandwidth as determined solely by Grupo Mardom is prohibited.

    You acknowledge and agree that any location data provided by the application is for basic mapping purposes and is not intended for situations where precise location information is needed or where inaccurate, erroneous, or incomplete data could lead to death, personal injury, or environmental or property damage. Grupo MARDOM does not guarantee the availability, accuracy, completeness, reliability, or timeliness of location data or any other data displayed by the application. YOU HEREBY ACCEPT THE COLLECTION, TRANSMISSION, AND USE OF YOUR LOCATION DATA IN CONNECTION WITH THE APPLICATION AND UNDERSTAND THAT USING ANY LOCATION INFORMATION PROVIDED BY THE APPLICATION IS AT YOUR OWN RISK, AS SUCH DATA MAY NOT BE ACCURATE.

    The application may contain links or other capabilities to access or use third-party services offered through the Product (e.g., maps, VoIP, etc.), including Google Places API. Access to and use of such services are governed by and subject to applicable agreements for those services, including Google Maps Terms, Legal Notices, and Acceptable Use Policy. These agreements may be amended from time to time at the sole discretion of the service provider without prior notice. Your access to or use of such services indicates your acceptance of those agreements and your commitment to comply with them.

    The licenses granted under this Agreement do not alter the rights and obligations you may have under such third-party licenses.

    To the extent you communicate or provide Feedback to Grupo MARDOM, all Feedback will become the exclusive property of Grupo MARDOM. You hereby assign to Grupo Mardom all rights, title, and interests (including, but not limited to, intellectual property and other proprietary rights) in any Feedback without additional consideration to you or a third party. “Feedback” includes any and all comments, suggestions, improvements, designs, specifications, inquiries, and other communications related to the application, or any product or service offered by Grupo MARDOM or its affiliates. Grupo Mardom is free to use Feedback for any purpose. Feedback helps Grupo MARDOM develop and improve the services it offers.

      • OTHER OBLIGATIONS OF THE PARTIES

      1. In addition to the Supplier’s product requirements, you must follow the instructions provided by Grupo MARDOM, including those made available through the application and/or documentation. These instructions, which may be updated from time to time, cover aspects such as configuring the application, applying Modifications provided by Grupo Mardom, retrieving information and/or data from the application, and disabling the application if your license is canceled. You hereby accept all Modifications made by or on behalf of Grupo MARDOM.
      2. You are solely responsible for providing and maintaining all necessary hardware and software (including Products) to access and use the application. Additionally, obtaining access to the Internet or the World Wide Web is your sole responsibility, as such access is required to utilize the application.
      3. Grupo MARDOM, at its sole discretion, may repair, modify, replace, or remove the application in case of any issues (“Limited Support Services”). Except for these Limited Support Services, Grupo MARDOM is not obligated to provide any maintenance or support concerning the application. You acknowledge that the Products and other services provided by the Product Supplier are not provided by Grupo MARDOM.
      4. You agree that it is your sole responsibility to arrange warranties, maintenance requirements, and remedies directly with the Product Supplier for issues arising from your access to and use of the Products. Consequently, you waive all claims against Grupo MARDOM relating to your use of the Products or other services provided by the Product Supplier. You acknowledge that the Product Supplier does not provide the application Information or Shipping Information and waive any claims against the Product Supplier related to your use of these. Questions, complaints, or other concerns regarding the application should be directed to: Grupo MARDOM, Carretera Sanchez Km. 12 ½, Santo Domingo Oeste, PO BOX: 11116, Dominican Republic, or via email at calidad@mardom.com.
      5. You are advised and encouraged to maintain backups of all data or information you use or store in connection with the application (“Data”). Grupo MARDOM will not be held liable for data loss or damage. You must not upload, process, or store unnecessary Data unrelated to conducting business with Grupo MARDOM. Grupo MARDOM reserves the right to collect, access, use, store, analyze, delete, or remove any information related to providing services under this Agreement. When using the application, you may be asked for permission to access your contact information (e.g., names, phone numbers, email addresses). Granting this permission allows Grupo MARDOM and its affiliates to use this contact information for operational purposes.
      6. “Confidential Information” refers to all information disclosed by Grupo MARDOM or its affiliates, either orally or in writing, that is marked as confidential or should reasonably be understood as such based on its nature and circumstances of disclosure. You are prohibited from using this information outside the scope of this Agreement and must protect its confidentiality.

      • TERMINATION

      This Agreement remains in effect until terminated by either party. Grupo MARDOM reserves the right to terminate this Agreement or your use of the application at any time for any reason. Upon termination, you must cease using the application immediately.

      • DISCLAIMER OF WARRANTY

      You expressly acknowledge and agree that:

      (1) The application, Shipping Information, Location Information, and/or Limited Support Services are provided to you at no charge;

      (2) The Product Provider is not the owner, licensor, or supplier of the application, Shipping Information, Location Information, and/or Limited Support Services; and

      (3) Grupo MARDOM is not the owner, licensor, or supplier of the Products.

      The application, Shipping Information, Grupo MARDOM’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 THAT THE ENTIRE RISK WITH RESPECT TO SATISFACTORY QUALITY, PERFORMANCE ACCURACY, AND EFFORT IS YOURS.

      To the extent permitted by applicable law, Grupo MARDOM and (a) its parent company, (b) subsidiaries and affiliates, both direct and indirect, of its parent 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 above (collectively (a) – (f) are the “Representatives”) and (g) the Product Provider disclaim and exclude all warranties, whether express, statutory, or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, and warranties of non-infringement or quiet enjoyment. Grupo MARDOM, the Representatives, and/or the Product Provider do not guarantee that the application, Shipping Information, Location Information, and/or Limited Support Services will meet all or some of your requirements. Grupo MARDOM, the Representatives, and/or the Product Provider do not guarantee 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. Grupo MARDOM, the Representatives, and/or the Product Provider do not guarantee that the application, Shipping Information, Location Information, Limited Support Services, or any related service or content is free from errors, viruses, bugs, or other program limitations. Grupo MARDOM, the Representatives, and/or the Product Provider do not guarantee Internet access or any other service or content through the application. Additionally, Grupo MARDOM, the Representatives, and/or the Product Provider do not make any representations or warranties regarding the results of your installation or use of the application, Location Information, or Shipping Information in terms of capability, accuracy, reliability, or otherwise. No information, representation, or advice, whether verbal or written, provided by Grupo MARDOM, the Representatives, or the Product Provider, or an authorized representative of any of them, shall create any warranty.

      Without limiting the generality of the foregoing, to avoid doubt, Grupo MARDOM, the Representatives, and/or the Product Provider make no warranty, representation, or covenant regarding the infringement, misappropriation, or other violation of intellectual property rights (including but not limited to patents, copyrights, trademarks, trade secrets, moral rights), or any other proprietary right or other rights, privileges, or immunities of any party.

      • REMEDIES

      To the maximum extent permitted by applicable law, your sole remedy for any dissatisfaction with the application, Location Information, or Shipping Information is to cease using the application. You agree to seek from the Product Provider any and all remedies for damages of any nature arising from your access, 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 Grupo MARDOM is responsible for addressing any issues related to the application. You agree that the remedy set forth in this Section is your exclusive remedy under this Agreement for any dissatisfaction with your access to or use of (or inability to use) the application or Products.

      • LIMITATION OF LIABILITY

      You acknowledge that Grupo Mardom provides the application, Location Information, Shipping Information, and/or Limited Support Services at no charge.

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

      (a) To the maximum extent permitted by applicable law, neither Grupo MARDOM, the Representatives, nor the Product Provider shall be liable for any special, incidental, exemplary, punitive, consequential, or other indirect damages (including: damages for loss of business, loss of data, lost profits, damage to your computer systems, or similar);

      (b) Grupo MARDOM’s total liability for any reason shall be limited to USD $0.00; and

      (c) The total liability of the Product Provider and/or any Representative (whether individually or collectively) for any reason shall be limited to USD $0.00. In any case, the Product Provider has no obligation or liability with respect to issues (e.g., product liability, legal or regulatory compliance, consumer protection, or similar legislation, intellectual property infringement claims) concerning the application. All issues related to the application should be addressed to Grupo Mardom for resolution, subject to and in accordance with this Agreement, which may include termination of this Agreement and cessation of use of the application.

      The exclusion and limitation of liability above shall apply even if Grupo Mardom, any Representative, and/or the 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 of 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 Grupo Mardom and you. Grupo MARDOM could not provide the application, Location Information, or Shipping Information without such limitations. For the purposes of Sections 4 and 6 only, the term “Grupo MARDOM” shall mean “Grupo MARDOM 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 will be governed by and interpreted in accordance with the laws of the Dominican Republic. If for any reason, a court of competent jurisdiction determines that any provision of this Agreement, or a part thereof, is unenforceable, that provision will be enforced to the fullest extent permitted to effectuate the intent of the parties, and the remainder of this Agreement will remain in full force and effect. Any cause of action regarding the application must be initiated within six (6) months after the claim or cause of action has arisen.

      • INDEMNITY

      You shall, at your sole cost and expense, defend, indemnify, and hold harmless Grupo MARDOM and its Representatives from and against all claims, demands, lawsuits, losses, liabilities, damages, costs, expenses, fines, judgments, and other costs, including reasonable attorney’s fees (hereinafter collectively referred to as “Claims”), that arise from or are 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 by Grupo MARDOM or its Representatives on your behalf. Grupo Mardom may intervene and assume your defense in such Claims, at your expense and in its sole discretion.

      • TERMS AND CONDITIONS FOR CUSTOMS MANAGEMENT SERVICES

      You understand and agree that the application may contain features that allow you to make requests and track the status of required customs management, including sending or downloading attached documents and viewing associated invoices. You assume full responsibility for transactions made with your user account, on your behalf and the company you represent.

      • TERMS AND CONDITIONS FOR WAREHOUSE SERVICES

      You understand and agree that the application may contain features that allow you to make requests for the receipt and dispatch of goods, track the status of required warehouse operations, view goods inventories and their characteristics, including sending or downloading attached documents and viewing associated invoices and payments. You assume full responsibility for transactions made with your user account, on your behalf and the company you represent.

      • TERMS AND CONDITIONS FOR MANAGEMENT, STEVEDORING, AND UNLOADING SERVICES

      You understand and agree that the application may contain features you can use to make requests and track the status of agency management, vessel services, cargo stevedoring, and unloading, as required. This includes sending or downloading attached documents and viewing associated documents and invoices. You assume full responsibility for the transactions carried out with your user account on behalf of yourself and the company you represent.

      • TERMS AND CONDITIONS FOR PORT TERMINAL AND CHASSIS SERVICES

      You understand and agree that the application may contain features you can use to schedule appointments and make reservations for maritime equipment, request and track the status of port terminal service operations as required, as well as dispatch and receive port equipment such as containers, chassis, and other transactions, including sending or downloading attached documents and viewing associated invoices. You assume full responsibility for the transactions carried out with your user account on behalf of yourself and the company you represent.

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

      You understand and agree that the application may contain features you can use to make reservations, appointments, service requests, and track the status of repair, maintenance, and parts purchases as required. This includes sending or downloading attached documents and viewing associated invoices. You assume full responsibility for the transactions carried out with your user account on behalf of yourself and the company you represent.

      • TERMS AND CONDITIONS FOR TRANSPORT SERVICES

      You understand and agree that the application may contain features you can use to request and track the status of required transportation operations, including air, maritime, and land transport. These features include sending or downloading attached documents and viewing invoices and other associated documents. You assume full responsibility for the transactions carried out with your user account on behalf of yourself and the company you represent.

      • INVOICING TERMS FOR GRUPO MARDOM

      You agree that all invoices will be sent exclusively electronically for all services managed through this application, our digital platform, or by any other means, whether in person, by phone, or via email. Invoices will only reflect the details of the service request received, the bill of lading number, or purchase order details, as applicable. Invoices for logistics services with variable attributes based on elapsed time will be issued as of the corresponding cut-off date.

      • SERVICE CONDITIONS AND PAYMENT TERMS

      Services provided by Grupo MARDOM will be executed upon receipt of a written service order through electronic or other means from the User and will commence either upon receipt of the advance payment or after the User is granted commercial credit approval by Grupo Mardom. You acknowledge that Marítima Dominicana SAS will apply a two percent (2%) late fee once invoiced services exceed the payment deadline according to the credit terms. The User agrees that Marítima Dominicana SAS reserves the right to suspend services if any invoices remain overdue per their credit terms.

      • FINES BY DOMINICAN AUTHORITIES

      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 of cargo arrival (Articles 51 and 52, Law 3489).

      Customs Declaration Errors (Incorrect Tariff Codes or Misapplication of Treaties): A fine equivalent to double the unpaid amount plus 20% will apply if the customs declaration presented to the DGA contains tariff errors or a misapplication of trade treaties that result in reduced tax payments to the detriment of the State (Articles 196, Law 3489, and Law 146-00).

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

      We recommend carefully reviewing the following information in your pre-customs settlement: Description of Goods, Declared Quantities, Tariff Classifications, Origin of Goods, Applicable Trade Treaties, and Declared CIF Value.

      • ON DIGITAL SIGNATURES, DOCUMENTS, AND ELECTRONIC COMMERCE

      By accepting this Agreement, the Client acknowledges Dominican Republic Law 126-02 on Electronic Commerce, Documents, and Digital Signatures, and therefore accepts that the terms and conditions of this Agreement, as well as obligations, may be entered into and fulfilled through electronic documents and data messages, as provided by Article 14 and other articles of the referenced law. The User also agrees to use messaging to request services and digital signatures as acknowledgment and acceptance of contracted services when applicable, as outlined in Article 29 on Electronic Commerce in the Transport of Goods and other articles of Law 126-02.

      • NOTICE/DISCLAIMER

      Service Conditions, MARDOM Responsibilities, and Payment Administration for Third-Party Services:

      Where applicable, as a convenience to some of our users and clients and for budgeting purposes regarding costs, our customs department issues “estimated costs” for services to be billed by third parties. These estimates are made with our best efforts for accuracy based on available information provided by various service actors and providers (Shipping Companies, Consolidators, Port Stevedores, Terminals, Government Entities, Transport Companies, Warehouses, etc.) that are directly or indirectly contracted by the client (Consignee, Shipper, or Cargo Owner).

      The final cost may vary from the “Estimated Cost” depending on contract variables such as exchange rates, free days, etc.

      • ETHICAL STANDARDS

      Grupo MARDOM is an organization founded on the values of responsibility and integrity. We conduct our business with the highest ethical standards and promote compliance with national and international laws and regulations for the benefit of our users, clients, colleagues, business partners, and the community. By accepting this agreement, the user commits to adhering to the ethical standards outlined at www.mardom.com. You also acknowledge that at Grupo MARDOM, we strive to maintain an environment where open and honest communication is the norm, not the exception. Consequently, you accept the responsibility of reporting any activity that you believe goes against our ethical principles. Reports can be submitted to the Conduct Committee via email at comite_conducta@mardom.com or anonymously through our ethics hotline at https://www.mardom.com/nueva-linea-etica/.

      • RESERVATIONS AND ONLINE PAYMENTS TERMS

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

      • ENTIRE AGREEMENT

      This Agreement, including its Annexes, constitutes the entire agreement between you and Grupo MARDOM regarding the Application, superseding any prior or contemporaneous understandings, representations, or agreements, whether written or oral. As used in this Agreement, “including” means “including, without limitation,” serving as an illustration rather than an exhaustive list. No amendment or modification of this Agreement shall be binding upon Grupo MARDOM without its prior written consent. You may not assign or transfer this agreement, or the licenses granted herein, whether by operation of law or otherwise, without the prior written consent of Grupo MARDOM. Any assignment or transfer in violation of this provision shall be null and void. Furthermore, except for the Representatives and the Product Provider, you and Grupo MARDOM acknowledge and agree that there are no third-party beneficiaries to this Agreement. Any translation of this Agreement is provided to meet local requirements, and in the event of a dispute between the Spanish version and any other language version, the Spanish version shall prevail. You acknowledge and agree that if Spanish is not your preferred or first language, you accept this English version, have read and understood its terms, and are responsible for seeking a translation if deemed necessary.

       

      Doc. Rev. date Oct./2024