When you access XLOG (the “Website/App” at https://xlog.net), you acknowledge that you have read and agree to abide by the Terms of Use described below. If you do not agree to these terms, please exit this site at once. By accessing or using the Website/App you and/or the entity you are authorized to represent signify your agreement to be bound by the Terms of Use. In addition, when utilizing particularWebsite/App applications (i.e. password protected sites), you may be asked to agree, or if you are acting on behalf of an entity, the entity may be asked to agree, on your behalf, to the additional specific Terms of Use.
"Shiptek" shall mean Shiptek Solutions Corporation – a corporation duly organized under the laws of thePhilippines providing services to Customer. "Customer" shall mean the person or entity accessing XLOG platform to facilitate transactions for a shipment, as well as their principals, agents and/or representatives, with shippers, importers, exporters, carriers, secured parties, warehouse, trucking, buyers and/or sellers, shippers’ agent, insurers and underwriters, break bulk agents and consignees and any party having an interest in the shipment or service. It is the responsibility of Customer to provide notice of these Terms and Conditions to all such principals, agents and/or representatives with an interest in the Shipment."XLOG" shall mean the website/app which serves as the platform to facilitate transactions between theCustomer and the various logistics service providers like trucking, warehousing, freight forwarding, customs brokerage and shipping, insurers and underwriters, etc. "Service Agreements" shall mean the specific agreements with the various logistics service providers.
The Website/App is provided by Shiptek and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law.
Shiptek provides the Website/App as a platform to facilitate transactions between you (the “Customer”) and the logistics service providers like trucking, warehousing, freight forwarding, customs brokerage and shipping, etc. These Terms of Use govern the use of the Website and all applications, software, and services (all of the foregoing, collectively, ‘Services”) available on the Website/App, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided on the Website/App (“Service Agreement(s)”). Any such ServiceAgreements accompany the applicable Services or are listed in association with or through a hyperlink associated with the applicable Services.
Shiptek is committed to the protection of your personal data. See our Privacy Policy (https://web.xlog.net/privacy) to learn more about how Shiptek protects and handles your personal data and information when you use the Services of the Website/App. You agree to the use of your Registration Data, personal data and information in accordance with Shiptek's Privacy Policy.
Shiptek may do analytics on the data gathered or use analytical services of third parties.These services help us to analyze trends and traffic on our website/app. These third-party-services gather data sent by your computer, or other devices, to our website/app. This data concerns the pages of our website which you visited, add-ons we use and the functionalities of our website which you use. These tools use ‘cookies’.These are plain text-files which are saved on your hard-drive, or in the internal memory of your computer. Cookies are not harmful and nonintrusive and cannot damage any files on your computer. Cookies gather unidentifiable data about your log-information and behavior. Shiptek cannot in any way identify you. You can easily delete these cookies from your computer from the folder ‘Cookies’. You can also change your browser settings to prevent your browser from automatically accepting cookies. Google Analytics installs a permanent cookie on your web browser, but cannot identify you. This cookie cannot be used by any other party than Google.Google’s right to use and share information is limited by the ‘Google Analytics Terms of use’ and the ‘GooglePrivacy Policy’. You can prevent Google Analytics from identifying you by switching off cookies in your browser settings.
The content of the Website/App may be updated and/or revised at anytime without notice. Your continued usage of the Website/App after any changes to these Terms of Use will mean your acceptance of those changes. Shiptek may also change services as provided through the Website at any time in its sole discretion.
In addition to other restrictions set forth in these Terms of Use, you agree that:
i. You shall not disguise the origin of information transmitted through the Website/App. ii. You will not place false or misleading information on the Website/App. iii. You will not input or upload digital content (e.g. photos, pdf files, scanned documents,...) to theWebsite/App any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, theWebsite or Information or that infringes the Intellectual Property (defined below) rights of another.
iv. You will not use or access any service, information, application or software available via the Website/App in a manner not expressly permitted by Shiptek.
v. You may not use or access the Website/App in any way that, in Shiptek’s judgment, adversely affects the performance or function of the Website/App, the Services or interferes with the ability of authorized parties to access the Website/App or Services. vi. You may not frame or utilize framing techniques to enclose any portion or aspect of the Content (as defined below) or the Information, without the express written consent of Shiptek. vii. Certain areas of the Website/App are restricted to customers of Shiptek, and are password protected and restricted to unauthorized users. You are not allowed access to areas of the Website/App that require passwords and special permissions if you or the entity you represent do not have an authorized password and related credentials; subsequently, if you are voluntarily or involuntarily discharged from the entity you were formerly authorized to represent, or Shiptek, you must immediately cease access of all restricted areas of the Website/App and use of the said password plus the other credentials given to you by Shiptek.
Any and all intellectual property rights (“Intellectual Property”) associated with the Website/App and its content (the “Content”) are the sole property of Shiptek, its subsidiaries, its affiliates or third parties. Allcustom graphics, icons, photography, slogans, service descriptions, and promotional materials and other itemsthat appear on the Website/App and company administered social media are trademark protected; trademarks, service marks or trade dress (“Marks”) of Shiptek, its subsidiaries, its affiliates or as other entities that have granted Shiptek the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Shiptek. Except as otherwise expressly authorized by these Terms of Use, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without Shiptek’s or the appropriate third party’s prior written permission.
You agree that Shiptek, in its sole discretion, may terminate or suspend your use of theWebsite/App, the Information, the Services and the Content at any time and for any or no reason, even if access and use continues to be allowed to others. You agree that Shiptek shall not be liable to you or any third party for any termination or suspension of your access to the Website/App, the Information and/or the Services.
MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE/APP, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK. THE WEBSITE/APP, THE INFORMATION, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “ASIS” BASIS. SHIPTEK, ITS SUBSIDIARIES AND AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW,DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUTNOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. SHIPTEK, ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OFTHE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEBSITE. NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE/APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY SHIPTEK IN THESE TERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IFYOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THATSHIPTEK IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES RELATED TO USE OF THE WEBSITE,SHIPTEK IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENTSHALL SHIPTEK, ITS SUBSIDIARIES OR AFFILIATES, OR ANY THIRD PARTIES MENTIONED AT THEWEBSITE/APP, BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIALDAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTIONRESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE/APP, THE INFORMATION, THE SERVICESOR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGALTHEORY, AND WHETHER OR NOT SHIPTEK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THEEXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE ANDARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
These Terms of Use shall be interpreted in accordance with the laws of thePhilippines, and any dispute arising under these Terms of Use shall be subject to the exclusive jurisdiction of the courts within or of the Philippines, without giving effect to the principles of conflicts of Law. You expressly waive any objection that you may have now or hereafter to the laying of the venue or to the jurisdiction of any suchproceeding. You agree that any claim or cause of action arising out of or related to your use of the website/app, information, services and/or content must be filed within one (1) year after such claim or cause of action arose. Further, your use of the website/app will record your various activities inside the platform such as date/time of access, what you accessed, your in-app communication activities, and other digital activities inside the website/app as part of the system to protect its users and you expressly consent to such recording and waive the application of the Philippines Anti-Wire Tapping Law and/or similar laws in your jurisdiction.
Shiptek may decide to charge specific and general fees in order to financially support the Website/App’s operations and cover its recurring expenses. These fees may change from time to time but you are guaranteed that you will be notified prior to its implementation. General. If any provision of these Terms of Use is found tobe invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Except as expressly provided in a separate license, service agreement or other writtenagreement between you and Shiptek, these Terms of Use constitute the entire agreement between you andShiptek with respect to the use of the Website and company administered social media, any software or Service,Information and Content contained therein, and supersede all discussions, communications, conversations andagreements concerning the subject matter hereof. This agreement can be accessed online athttps://web.xlog.net/termsconditions.
Questions or comments regarding the Website/App may be submitted via email to bpo.support@myxlog.com.
