Simplicity and Transparency are key for us
Welcome to www.logitudeworld.com which is operated by CHAMP Forwarding Systems S.A. (“CHAMP Forwarding” , “The Company”). Logitude is a cloud service in the field of international Freight Forwarding. By using or visiting this Site you signify your assent to these Terms. These Terms apply to all users of the Site. If you do not agree to these Terms then please do not access or otherwise use the Site. You hereby acknowledge and accept that the Company may revise, edit, amend and/or alter in any way the conditions of these Terms at any time by simply updating and re-posting revised Terms to the Site. Such revisions, changes or amendments shall be based upon the sole discretion of the Company.
You may not access the Services if you are our direct competitor, except with our prior written consent. In addition, you may not access the Services for the purpose of monitoring their availability performance of functionality or for any other benchmarking or competitive purposes. The Services are intended for legal entities and individuals aged 18 years or older.
FREE TRIAL– If You register on our Site for a free trial, We will make the Services available to You on a trial basis free of charge until the earlier of (a) the end of the free trial period for which You registered or are registering to use the applicable Service or (b) the start date of any Purchased Services ordered by You. Additional trial terms and conditions may appear on the trial registration web page .
Please review the Logitude Documentation during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase.
NON CHAMP Forwarding SERVICES – Purchase of Non-CHAMP Forwarding Products and Services.. We or third parties may from time to time make third-party products or services available to you. Purchase by You of such non-CHAMP Forwarding products or services, and any exchange of data between You and any non-CHAMP Forwarding provider, is solely between You and the applicable non-CHAMP Forwarding provider. We do not warrant or support non-CHAMP Forwarding products or services, whether or not they are designated by Us as “certified” or otherwise.. Subject to the section relating to Integration with Non-CHAMP Forwarding Services, no purchase of non-CHAMP Forwarding products or services is required to use the Services except a supported computing device, operating system, web browser and Internet connection. Integration with Non-CHAMP Forwarding Services. The Services may contain features designed to operate jointly with Non-CHAMP Forwarding Applications or Interfaces (e.g. Google, Facebook or Twitter or logistics partner applications). To use such features, You may be required to obtain access or permission to such Non-CHAMP Forwarding Applications or Interfaces from their providers. If the provider of any such Non-CHAMP Forwarding Application or Interface ceases to make the Non- CHAMP Forwarding Application or Interface available for interoperation with the corresponding Service features on reasonable terms, We may cease providing such Service features without entitling You to any refund, credit, or other compensation. Links to Other Sites. Links on this Site may let you leave the Site and go to other websites. The linked sites are not under the control of the Company and the Company is not liable or responsible for the content, the accuracy thereof or any other aspect which may be related to a third party website or any link contained in a linked site. The Company hereby reserves the right to terminate any link or linking program at any time, based upon its sole and exclusive discretion. The Company does not endorse companies or products to which it is linked. Please note that should You proceed to access any linked Site, You do this entirely at Your own risk.
Amongst the third party Services that may be made available to you is the CHAMP Air Messaging Service. You are aware that The use of this Service is subject to the CHAMP Terms and Conditions of CHAMP Cargo systems S.A. set forth below as schedule 1.
ACCESS AND SUBSCRIPTION TO SERVICES – Subject to these Terms, the Company will make the Services available for the Client’s use during the term through the use of the Internet and a browser.
PROPRIETARY RIGHTS – Reservation of Rights in Services. Subject to the limited rights expressly granted hereunder, We reserve all rights, title and interest in and to the Services, including all related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein. Restrictions. You shall not (i) permit any third party to access the Services except as permitted herein, (ii) create derivative works based on the Services except as authorized herein, (iii) copy, frame or mirror any part or content of the Services, other than copying or framing on Your own intranets or otherwise for Your own internal business purposes, (iv) reverse engineer the Services, or (v) access the Services in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Services.
INTELLECTUAL PROPERTY – You shall not copy the Software and/or it manual(s) or any other written materials accompanying the Services. The Software and Documentation and all its intellectual property rights in the Software are and at all time shall remain the sole and exclusive property of the Company and are protected by the applicable intellectual property laws and treaties and by international copyright and intellectual property law. The Company hereby expressly reserves all rights in the Software and the Services, whether explicitly or not specifically granted to You. You hereby acknowledge, agree and accept that all rights, title and interest in the Software and Services will remain with the Company and that the Services and Software are licensed in a subscription basis and not sold to You. The license granted to You herein does not bestow nor grant to You the right to use any trademark, service mark, trade name or any other mark of the Company or any other party or licensor. No rights or licenses are granted except as expressly and unambiguously set forth in these Terms. You are aware that any printed material or output matters from the software (such as invoice printout, email messages to customers etc…) the words “printed by Logitude” or similar words might appear. Any such print is in the sole discretion of the Company.
WARRANTIES AND DISCLAIMER – Limited Warranty. The Company hereby warrants to You that the Services will perform substantially in accordance with the specifications as may be published and modified by the Company on the Site from time to time (hereinafter: the “Specifications”). In the event that the Services do not conform with the Specifications, and if You do not promptly notify Us, the Company and its suppliers’ entire liability and Your exclusive remedy shall be, at the election of the Company, either (i) the return of the price paid by You during the last three months or (b) repair of the Software so as Services shall conform with the Specifications. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREABOVE, THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND/OR THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RELIABILITY NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. WITHOUT DEROGATING OF THE AFOREMENTIONED, YOU ACKNOWLEDGE THAT YOU ARE AWARE OF THE FACT THAT THE SERVICE IS PROVIDED OVER THE INTERNET AND AS SUCH YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM THAT MAY ARISE IN CONNECTION WITH OR AS A RESULT OF ANY MALFUNCTION AND/OR DEFAULT AND/OR UNSUITABILITY IN THE INTERNET AND/OR THE CONNECTIVITY OF ANY PARTIES’ DEVICES TO THE INTERNET.
MUTUAL INDEMNIFICATION – Indemnification by Us. We shall defend You against any claim, demand, suit, or proceeding made or brought against You by a third party alleging that the use of the Services as permitted hereunder infringes or misappropriates the intellectual property rights of a third party (a “Claim Against You”), and shall indemnify You for any damages, attorney fees and costs finally awarded against You as a result of, and for amounts paid by You under a court-approved settlement of, a Claim Against You; provided that You (a) promptly give Us written notice of the Claim Against You; (b) give Us sole control of the defense and settlement of the Claim Against You (provided that We may not settle any Claim Against You unless the settlement unconditionally releases You of all liability); and (c) provide to Us all reasonable assistance, at Our expense. In the event of a Claim Against You, or if We reasonably believe the Services may infringe or misappropriate, We may in Our discretion and at no cost to You (i) modify the Services so that they no longer infringe or misappropriate, without breaching Our warranties under “Our Warranties” above, (ii) obtain a license for Your continued use of the Services in accordance with these Terms, or (iii) terminate Your User subscriptions for such Services upon 30 days’ written notice and refund to You any prepaid fees covering the remainder of the term of such User subscriptions.Indemnification by You. You shall defend Us against any claim, demand, suit or proceeding made or brought against Us by a third party alleging that Your Data, or Your use of the Services in breach of this These Terms, infringes or misappropriates the intellectual property rights of a third party or violates applicable law (a “Claim Against Us”), and shall indemnify Us for any damages, attorney fees and costs finally awarded against Us as a result of, or for any amounts paid by Us under a court-approved settlement of, a Claim Against Us; provided that We (a) promptly give You written notice of the Claim Against Us; (b) give You sole control of the defense and settlement of the Claim Against Us (provided that You may not settle any Claim Against Us unless the settlement unconditionally releases Us of all liability); and (c) provide to You all reasonable assistance, at Your expense.
LIMITATION OF LIABILITY – Limitation of Liability. NEITHER PARTY’S LIABILITY (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) SHALL NOT EXCEED THE AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS THESE TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER. THE FOREGOING SHALL NOT LIMIT YOUR PAYMENT OBLIGATIONS .Exclusion of Consequential and Related Damages. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.Limitation of Liability of the Company. IN NO EVENT SHALL THE COMPANY BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR ANY OTHER SUBJECT MATTER, FOR ANY (I) INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR OTHER PECUNIARY LOSS), (II) MATTER BEYOND ITS REASONABLE CONTROL, (III) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES OR RIGHTS OR (IV) AMOUNT EXCEEDING 12 MONTHS OF SUBSCRIPTION FEES PAYABLE UNDER THE FORM AT ISSUE. In the event that any court of law shall find the Company liable, You hereby agree that such liability shall be also capped to the Company’s premium in accordance with any insurance policy and that all elements of the insurance plan, including but not limited to any exceptions and exclusions, will limit the Company’s liability. Furthermore, You hereby acknowledge that in the event that Your claim against the Company is less than the coverage provided in the Company’s insurance policy, You will be limited to the said claim and not be entitled to receive the cap set forth in the insurance policy. No liability for use. You hereby agree that the Company shall have no liability of any kind for any use You make of the Services. You shall indemnify and hold the Company harmless from and against any claims, damages, liabilities, costs, damages, fees or expenses (including reasonable attorneys’ fees) arising to Your use of the Services, including but not limited to, inter alia, a dispute between You and a third party over the terms and conditions of a contract related to the purchase/sale of any goods or services, a breach by You relating to any of the terms and conditions set forth in this These Terms, any action where you or a third party violates any law, regulation or rights of any third party, etc. Release. You hereby acknowledge and agree that the Company is not a party to any actual engagement between you and vendors and/or any other third parties. As a result, the Company has no control over the quality, safety or legality of any such agreements between You and such vendors and/or third parties. You are wholly responsible for all activities conducted through the Services. The Company cannot and does not control whether or not vendors and/or third parties will complete their services or other obligations. Further, it is not commercially reasonable for the Company to authenticate the activities of the vendors and/or third parties and as such the Company cannot and does not confirm that each vendor and/or third party is who it claims to be. You release the Company from all claims, demands and damages of every kind and nature (including, but not limited to, actual, consequential, special, punitive and incidental damages), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your relationship with the vendors and/or third parties or the services provided by the vendors or third parties or any actions or omissions of a vendor or third party. In no case will the Company be liable for any legal actions brought against you by such vendors or third parties.
Last updated on 1.03.2015
CHAMP Cargosystems S.A.
Terms and conditions for air messaging
These Terms are a binding agreement between you, or if applicable, the company or any other legal entity which you may represent and CHAMP Cargosystems S.A. concerning use of the “Air messaging” and “CCS Service” through the use of Logitude.and the CHAMP Forwarding Systems S.A. services .
You accept this Agreement by clicking a box indicating you agree to the terms of this Agreement. You hereby acknowledge and agree that these Terms represent the complete and exhaustive statement of the agreement between You and the Champ, and such Agreement supersedes any proposal and/or prior agreement, whether oral or written, any and all other forms of communication between You and Champ relating to the subject matter of these Terms.
You hereby acknowledge and accept that CHAMP may revise, edit, amend and/or alter in any way the conditions of these Terms at any time by simply updating and re-posting revised Terms to the Site. Such revisions, changes or amendments shall be based upon the sole discretion of Champ.
You may not access the Services if you are our direct competitor, except with our prior written consent. In addition, you may not access the Services for the purpose of monitoring their availability performance of functionality or for any other benchmarking or competitive purposes.
YOU SHOULD VISIT THIS PAGE FROM TIME TO TIME TO REVIEW THE THEN-CURRENT TERMS BECAUSE THEY ARE BINDING ON YOU. ANY CHANGES MADE TO THESE TERMS SHALL BE EFFECTIVE IMMEDIATELY.
TERMS AND CONDITIONS
The terms used in this Agreement shall have the following meanings:
“CHAMP Cargosystems S.A.” means CHAMP Cargosystems S.A. with the registered address of:
Lux Tech Center building
2, rue Edmond Reuter
Zone d’Activités « Weiergewan »
Grand Duchy of Luxembourg
“Service” “Air messaging” and “CCS Service”
“Air messaging”, “CCS Service” means the service(s) which enables Customer, by use of a host-to-host connection to the CHAMP Network, translation and conversion services, offered by CHAMP Cargosystems S.A. which permit the exchange of data by and among Customer partners;
“Date of Acceptance of the Service” means the date upon which the Customer is connected to the Service and has begun active message exchange with Customer partners.
- Purpose and Scope of Agreement
- CHAMP Cargosystems S.A. agrees to provide, and Customer agrees to receive, the Service. Customer understands and agrees that the Service expressly excludes any equipment or software required by Customer to access and use the Service and any public data networks (whether PSTNs or PDNs) and CHAMP Cargosystems S.A. hereby disclaims any responsibility or liability with respect to such equipment, software or public data networks.
- The Service will allow Customer to transmit and receive those types of messages supported by the Logitude software .CHAMP Cargosystems S.A. will receive, format, translate and validate Customer’s messages received and route such messages through a network to recipients.
- Responsibilities of CHAMP Cargosystems S.A.
- CHAMP shall implement reasonable network security procedures, as revised from time to time, to protect Customer’s messages transmitted via the network from unauthorised access and disclosure other than to any body or person having statutory or other legal authority to require CHAMP to make disclosures.
- Subject to the availability of tail circuits for which CHAMP Cargosystems S.A. has no responsibility, CHAMP Cargosystems S.A. shall endeavour to provide the Service continuously, except for scheduled down-time at predetermined intervals to be notified by CHAMP Cargosystems S.A. in advance. In the event of unscheduled down-time, CHAMP Cargosystems S.A.’s sole responsibility shall be to use its best efforts to promptly restore the Service.
- Responsibilities of Customer
- Customer shall bear all costs relating to the acquisition, maintenance and use equipment and software needed to access the CHAMP network, and shall use only equipment and software that has been approved by CHAMP, and that is in accordance with the laws, licenses or regulations of the country in which the Service is rendered. CHAMP reserves the right to disconnect (or require the disconnection of) any equipment not in compliance with this provision.
- Customer shall pay for all charges relating to the transmission, over the CHAMP network, of data from Customer’s host computer(s) to the CCS system, and all other charges or fees owing under this Agreement. Payment for the Services shall be made through Champ Forwarding S.A.
- Modifications of the Service
- CHAMP Cargosystems S.A. may, in its sole discretion, change, modify, vary, enhance and update the Service provided that the overall core functionality is available from CHAMP Cargosystems S.A. to the Customer.
- Patents, Copyrights and Other Intellectual Property Rights
- It is understood and agreed by Customer and CHAMP Cargosystems S.A. that all intellectual property rights in the Software and in the computer programs utilised by CHAMP Cargosystems S.A. in relation to the CCS Service and the CHAMP network, and the technology, skill and information relating to the effective use thereof, are either licensed to or the property of CHAMP Cargosystems S.A. and nothing contained herein shall be deemed to convey any title or ownership interest therein to Customer.
- Warranties and Limitation of Liability
- CHAMP Cargosystems S.A. warrants that it shall use all reasonable care and skill in providing the Service.
- The foregoing warranty is in lieu of any other warranty of any kind, express or implied, statutory or otherwise, including, without limitation, any warranty for latent defects.
- Neither party shall be liable to the other for any indirect, special, incidental or consequential damage, loss of revenue, profit or goodwill, either in contract, tort or otherwise, even when such damage was caused as a result of such party’s or its subcontractors.
- In the event that information or data entrusted to CHAMP Cargosystems S.A. by Customer pursuant hereto is lost, destroyed or damaged due to an act or omission of CHAMP Cargosystems S.A., CHAMP Cargosystems S.A. shall repair or replace such lost, destroyed or damaged information, provided, however, that such repair or restoration can reasonably be performed by CHAMP Cargosystems S.A., and provided, further, that Customer furnishes CHAMP Cargosystems S.A. with all source data, in machine-readable form, necessary for such repair or restoration.
- The total liability of CHAMP Cargosystems S.A. in respect of any claims made under this Agreement or otherwise (whether or not caused by the negligence or default of CHAMP Cargosystems S.A. or employees, agents or sub-contractors of SITA) arising out of or in connection with the fulfilment or purported fulfilment or failure in the fulfilment of the obligations of SITA hereunder shall not exceed the following:
- in respect of any one incident or series of incidents an amount equal to the total amount of Charges payable by the Customer to CHAMP Cargosystems S.A. for two (2) complete calendar months; and
- any event CHAMP Cargosystems S.A.’s aggregate liability for all incidents related or unrelated shall not exceed an amount of 100% of Charges payable by the Customer for the Services.
- Nothing in this Agreement shall be interpreted as excluding or limiting either party’s liability for death and personal injury.
- The parties expressly agree that:
- the limitations and exclusions in this Section 8 are each to be interpreted separately and without prejudice to the generality of the other limitations and exclusions; and
- should any limitation or provisions contained in this Section be held to be invalid under any applicable statute or rule of law it shall to the extent be deemed omitted but if any party thereby becomes liable for loss or damage which would otherwise have been excluded, such liability shall be subject to the other limitations and provisions set out herein
- Force Majeure – Termination
- Except as otherwise specified in this Agreement, events of force majeure and other unforeseeable events or situations beyond the control of a party hereto, will relieve such party from its obligations imposed by this Agreement which may not be performed as a result thereof, for so long as such event, or its consequences, continue.
- Either party may, by written notice, terminate this Agreement forthwith, without prejudice to any other rights or remedies it may otherwise have, if (a) the other party files a petition for relief under any bankruptcy legislation, or if any involuntary petition thereunder should be filed against either party and the same is not dismissed within thirty (30) days, (b) the other party is adjudicated a bankrupt, (c) a receiver is appointed for the other party’s business and is not discharged or opposed within thirty (30) days, (d) the other party makes an assignment for the benefit of creditors or (e) the other party is unable to fulfil its financial obligations when they come due (cessation dof payments). The effective date of termination shall be the date of receipt of such notice.
- Governing Law and Arbitration
- This Agreement shall be governed by the laws of England and shall be applied and construed in accordance therewith. All disputes arising in connection with this Agreement shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by a single arbitrator appointed in accordance with the said rules. The parties hereto request the ICC Court of Arbitration to attempt to appoint an arbitrator who is knowledgeable in the airline and software industries; if no such arbitrator can be appointed, the normal appointment process shall apply. The arbitration will take place in London, United Kingdom in the English language.
- Severability. If one or more provisions of this Agreement shall at any time be found to be invalid or otherwise rendered unenforceable, such provision or provisions shall be severable from this Agreement so that the validity or enforceability of the remaining provisions of this Agreement shall not be affected thereby. Notwithstanding the foregoing, in the event that one or more of the provisions of Clause 8 hereof shall, at any time, be found to be invalid or otherwise rendered unenforceable, CHAMP Cargosystems S.A. shall have the right to elect to terminate this Agreement by giving Customer thirty (30) days prior notice of such election. In the event of such termination, Customer shall have no right to claim or receive damages of any kind or nature relating thereto.
- Waiver. No failure or delay by a Party in exercising any right, power or remedy with respect to any of the provisions of this Agreement shall operate as a waiver thereof.
- Notices. All notices provided for herein shall be in writing and either delivered personally, by facsimile transmission or by prepaid registered mail, return receipt requested, to the addresses first above written. Either party may notify the other party by a notice given pursuant to the terms of this Clause of a change of the address to which notices hereunder shall be delivered or sent.
- The parties to this agreement do not intend that any term of this agreement will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 (UK) by any person that is not a party to it.