Terms and Conditions
Last updated: September 12, 2016
1. Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.cxp-usa.com/home.html website (the "Service") operated by CXP-USA Corp. Logistics ("us", "we", or "our").
2. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
3. BY ACCESSING OR USING THE SERVICE YOU AGREE TO BE BOUND BY THESE TERMS. YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND OF REQUISITE LEGAL CAPACITY, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DISAGREE WITH ANY PART OF THE TERMS THEN YOU MAY NOT ACCESS THE SERVICE.
5. Deemed Permission
By using or accessing the CXP-USA Corp. website, you are deemed to have given permission to us to disclose information, that you have provided or transmitted, including customer information, to anyone in connection with any of your accounts that you may have with us as we deem fit, without incurring any liability of whatsoever nature
6. International Users
The CXP-USA Corp. website can be accessed from countries around the world and may contain references to products, services, and programs that are not available in your country. These references do not imply that such products, services, or programs are or will be available in your country.
The CXP-USA Corp. website is controlled and operated by us, headquartered in Florida, United States. We make no representation that the content of the CXP-USA Corp. website is appropriate or available for use in other locations, and that access and use from territories where their contents are illegal, is prohibited. Accessing the CXP-USA Corp. website from other locations is done on your own initiative and you are responsible for compliance with all applicable local laws.
7. Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by CXP-USA Corp. Logistics.
CXP-USA Corp. Logistics has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that CXP-USA Corp. Logistics shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
8. Improper Use
Any Services provided on the CXP-USA Corp. website shall only be used for the purposes specified and for no other purposes. You shall not use the CXP-USA Corp. website for any illegal or improper purpose, which include but are not limited to: the violation of any laws or regulations (foreign or domestic) or to commit, engage in, perpetuate or abet any breach of security, fraud, criminal act, offence, or causing disruption or actions that are harmful to the CXP-USA Corp. website.
We retain all rights to restrict or prohibit any and all activities, conduct or deal with information transmitted by you, which we determine in our sole discretion to be harmful or in any manner that could cause nuisance, damage, disable, overburden, or impair our reputation, goodwill, server, systems, network, or the network(s) connected to our server, or interfere with any other party's use and enjoyment of the APLL Internet Portal.
You may not attempt to gain unauthorized access to any Services, accounts, systems or networks connected through hacking, password mining or any other means.
Without limitation, you agree that when using the CXP-USA Corp. website, you will not:
8.1. Use the CXP-USA Corp. website in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
8.2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
8.3. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
8.4. Upload, or otherwise use or make available, materials or files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws unless you own or control the rights thereto or have received all necessary consent to do the same.
8.5. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
8.6. Use or access the APLL Internet Portal with automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts or other similar mechanisms.
8.7. Use or access the CXP-USA Corp. website in any way that, in our judgment, adversely affects the performance or function or interferes with the ability of other authorized users to access and use of the CXP-USA Corp. website.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Any and all information submitted to us through the CXP-USA Corp. website shall be deemed to be and shall remain our sole and exclusive property. We shall be entitled to use, for any purpose and without any payment or compensation, any information including but not limited to ideas, concepts, know-how or techniques in whatsoever form provided to us through the CXP-USA Corp. website.
11. Availability / Eligibility of Services
The CXP-USA Corp. website is not intended for access to, or used by, any person or entity in any jurisdiction or country where such access or use would be contrary to local law or regulation.
Notwithstanding anything stated in the CXP-USA Corp. website, your eligibility or request for Services within in the CXP-USA Corp. website, is subject to acceptance by us and further subject to the individual terms and conditions of the specific Service requested and any relevant disclaimers. Any Services may be withdrawn or amended at any time without notice, notwithstanding anything to the contrary in the CXP-USA Corp. website.
12. Intellectual Property, Copyright and Trade Marks
The copyright in all materials provided on the CXP-USA Corp. website is held by us or by the original creator of the material. Except as stated herein, none of the material may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our prior written permission or that of the copyright owner. Further, subject to any contrary agreement with us, you may not:
12.1. Modify the markings of the CXP-USA Corp. website or any notice CXP-USA’s or CXP-USA’s licensors’ proprietary rights (where applicable), or to use the CXP-USA Corp. website as to pass off, associate or connect it to some party other than CXP-USA.
12.2. Cause or permit any copying, translating, reverse engineering (unless required by law for interoperability), disassembly or decompilation of the CXP-USA Corp. website or source code thereof (the foregoing prohibition includes but is not limited to review of data structures or similar materials associated with the CXP-USA Corp. website);
12.3. Create or reproduce derivative works based on the CXP-USA Corp. website; and
12.4. Assign, give or transfer the right to access and/or use the CXP-USA Corp. website to another individual or entity.
Any unauthorized use of any material contained on the CXP-USA Corp. website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
14. Personal Information And Privacy
If CXP-USA Corp. provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
The contents of the CXP-USA Corp. website and/or such information that is made available through the Services, including but not limited to Services, products, data, text, graphics, audio, video, links or other items are provided on an 'AS IS ', and 'AS AVAILABLE' basis, which may include inaccuracies or typographical errors.
We do not warrant the truth, accuracy, adequacy, completeness or reasonableness of such contents and expressly disclaim liability for any and all errors or omissions whatsoever. No warranty is given that access to the CXP-USA Corp. website will be provided uninterrupted or free from errors, or that any identified defect will be rectified within any particular time period.
To the fullest extent allowed by law, no warranty of any kind, implied, express or statutory, including but not limited to any warranty of title, non-infringement of third party rights, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus or other contaminants, Trojan horses, software bombs, or other malicious, destructive or corrupting code, agent program or macros, is given in conjunction with the access or use of the CXP-USA Corp. website or its contents, including any links to third party websites, software applications and/or mobile applications.
16. Limitation of Liability
Without prejudice to anything contained in the CXP-USA Corp. website, we shall not be liable in any manner whatsoever for any damage, loss or expense including without limitation, loss of profits, loss of revenue, direct, indirect, special, consequential, aggravated, punitive and exemplary damages, or any other economic loss under any potential causes of action, arising out of or in connection with:
16.1. any access, use or the inability to access or use, or non-availability of the CXP-USA Corp. website, use of or reliance on the contents of the CXP-USA Corp. website;
16.2. any transaction performed on any websites, web page or software application in the CXP-USA Corp. website;
16.3. any defect, error, imperfection, fault, mistake or inaccuracy with the CXP-USA Corp. website, including any content stated therein,;
16.4. any loss or abuse or unauthorised disclosure of information, including customer information;
16.5. any system, server or connection failure, error, omission, interruption, interception, delay in operation or transmission, or computer virus;
16.6. any interruptions in use or access to the CXP-USA Corp. website caused by our remedial, maintenance or preventative actions taken to the CXP-USA Corp. website;
16.7. any damages whatsoever due to any third party's unjustified or unauthorised access to the APLL Internet Portal or of any password, data or information therein;
16.8. any use of or access to any other websites or web pages linked to the CXP-USA Corp. website; and/or
16.9. any service, product, information, data, software or other materials obtained or downloaded from the CXP-USA Corp. website or from any other websites linked therefrom.
This exclusion clause shall take effect to the fullest extent permitted by law, and shall apply even if we or our agents or employees had been advised of the possibility of such damages, losses and/or expenses.
As a condition of use of the CXP-USA Corp. website, you agree to indemnify us from and against any and all losses, liabilities, expenses (including legal costs on a full indemnity basis) and damages which may be suffered directly or indirectly related to any claims, actions or proceedings, arising out of or in connection with your use of the CXP-USA Corp. website.
Full charges shall be considered completely earned on receipt of the Goods by the Company or upon commencement of Service by or for the Company (whichever is earlier), which shall be paid and are nonreturnable in any event. Charges are payable based on particulars furnished by the Customer. If such particulars are incorrect, the Customer shall be liable for the correct charges, and any expenses incurred in connection with such correction, including examining, weighing, measuring or valuing the Goods.
The Customer shall pay to the Company all sums in full, in cash or as agreed, immediately when due without deduction or deferment, on account of any claim, counterclaim or set-off.
When the Company is instructed to collect freight, duties, charges or other expenses from any person other than the Customer, the Customer shall remain responsible to make payment for the same, on receipt from Company of evidence of demand and non-payment (for whatever reason by such other person when due).
On all amounts overdue to the Company, the Customer shall pay to the Company interest, calculated from the date such amounts are overdue until payment thereof, at the rate of 1 percent per month, or if such rate of interest is prohibited by law, such maximum rate of interest allowed under the said law.
Payment of charges to any party other than the Company shall not be deemed payment to the Company, and shall be made at the Customer’s own risk.
No credit is granted to Customer unless expressly agreed in writing by the Company.
Notwithstanding and without prejudice to Clause 26, in the event that the Customer fails to pay any sum due to the Company within 5 days from the date any sum is due, the Company shall be entitled at any time thereafter by written notice to the Customer declare that:
18.1. all credit terms (if any) in respect of all or any part of the Services rendered pursuant to these Conditions shall be cancelled, whereupon the same shall be cancelled; and
18.2. all sums payable by the Customer to the Company in respect of all or any part of the Services rendered pursuant to these Conditions have become due and payable, whereupon the same shall immediately or in accordance with the terms of such notice become due and payable.
Any dispute as to the amount or accuracy of any invoice issued by the Company shall be raised by the Customer within 14 days from the date of the invoice, failing which, the Customer is deemed to have conclusively accepted that the invoice is complete and accurate.
Quotations given are subject to withdrawal or revision. Unless otherwise agreed in writing, the Company shall, even after acceptance, be at liberty to revise quotations or charges with or without notice in the event of changes outside the Company’s control including but not limited to changes in currency exchange rates, rates of freight, insurance premiums or any charges applicable to the Services provided or in respect of the Goods.
19. Actual Logistics Products and Services
20. No Waiver
21. Air Carriage
If the Company acts as a principal in respect of a Carriage of Goods by air, the following notice is hereby given:
21.1. “If the Carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention or Montreal Convention may be applicable, and that the Warsaw Convention and Montreal Convention govern and in most cases limit the liability of carriers in respect of loss of or damage to cargo. Agreed stopping places are those places (other than the places of departure and destination) shown under requested routing and/or those places shown in carriers timetables as scheduled stopping places for the route. The address of the first carrier is the airport of departure.”
23. Contact Us
If you have any questions about these Terms, please contact us:
2025 NW 102nd Ave #108
Miami FL 33172
Tel: +1 786-536 5575
Fax: +1 786-212 1677