Terms

Welcome to Globitexworld.com (the “Site”), the website of Globitex Inc., (“we”, “us”, or “Globitex”) an Ontario corporation with a registered office of 1400-90 Burnhamthorpe Road, Mississauga Ontario L5B 3C3.  We’ve put up this page (along with our Privacy Policy and Shipper-Broker Terms & Conditions, the “Agreement”) to explain how you can interact with the Site, including digital tools such as APIs and plugins and use our online services (collectively the “Services”).

If you are visiting the Site from the People’s Republic of China, you are contracting with Globitex World, a Chinese corporation with a registered office address of 88 Fuhua San Road, Futian District, Shenzhen, Guangdong, China.

Please read these Terms carefully before using the Service. By using or accessing any part of the Service you agree to be bound by these Terms. We reserve the right to change these Terms from time to time by changing them on this page.

Restriction on Visitors

By visiting the Site, you represent and warrant that you are an individual over 18 years of age and have the capacity to enter a contract, or that you are represent a company that you warrant and represent that you are authorized to bind.

Types of Users and our Services

Our Services vary depending on what type of User you are.  We provide both digital (all Site and digital tool services such as quote comparison, and online freight tracking, known in this Agreement as “Digital Services”) and physical (freight shipment, known in this Agreement as “Freight Services”) services in conjunction with third parties, including our Vendor Users.  The terms governing our Freight Services can be found in our Shipper-Broker Terms & Conditions.

Customer User

If you are using our Site because you are trying to arrange a shipment of goods then you are a Customer. Our Digital Services to you include a digital online platform for you to get quotations for shipping services utilizing carriers who have signed on to provide Globitex with their carrier service as Vendors.  We also allow you to book shipments (an “Order”) and track any shipments booked using our Services.

Vendor User

If you are a carrier and offer shipping services through our platform then you are a Vendor.  Our Digital Services to you include an online platform to attract our Customers for your own shipping services, receive Orders on your behalf, and can collect payments on your behalf as well as forward them to you.  While Globitex’s Services include facilitating the process of a Customer booking a shipment and a Vendor providing that shipment, Globitex is not a Vendor.

Together, Customers and Vendors may be called Users.

Disclaimer

All information and content provided by Globitex relating to the Services is for informational purposes only, and Globitex does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. You acknowledge that all information and content accessed by you using the Services is at your own risk.

Globitex cannot guarantee the validity of any information provided by its Users, and has no control over the conduct of its Users, whether they are Customers or Vendors, and hereby disclaims all liability in this regard the fullest extent permitted by law.

Permitted Use of the Services

These Terms allow you to use the Services only for uses described in the Types of Users and Our Services section above, and for clarification, you may NOT:

Representations and Warranties

All Users’ Representations and Warranties

All users hereby represent and warrant that all information they provide to Globitex is accurate, complete, and unlikely to deceive Globitex or reasonable Users.

Vendor’s Representations and Warranties

In order to submit Requests through the Site, you must register an account (your  “Account”). You are responsible for all of the activity on your Account, even if you decide to let someone else access your Account.

By creating an Account as a Vendor, you hereby represent, warrant, and covenant that

(i)     you have the necessary permits, tools, and capability to provide any services you offer through our platform;

(ii)     you will comply with all relevant and applicable legal requirements in providing your services to Customers; and

(iii)     to the extent you share any proprietary or confidential information with us, that you have the necessary authorization to share such information with us and allow such information (whether it is a trade secret, copyrighted, patented, or trademarked) to be published on the Site.

Non-Circumvention

The Vendors shall not offer similar services to or attempt to contract directly with any Customer disclosed by Globitex for a period of twelve (12) months following a Customer’s Order with that Vendor without prior written consent from Globitex.  A Customer is considered “disclosed” by Globitex if it has communicated any information about a Customer or a Customer’s Order to the Vendor that the Vendor did not already possess.  Globitex reserves the right to charge the Vendor any amount it calculates would be owed to Globitex had the transaction proceeded through our Services, such calculation to be made with reference to the amount owed to Globitex under the Customer’s Order.

Indemnification for Digital Services

You agree to indemnify, defend, and hold harmless Globitex, its affiliates, officers, directors, employees, consultants, contractors, agents, and suppliers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees as and when incurred) arising from your use of the Services, your use of the Site, your use of your Account, your violation of this Agreement or the infringement or violation by you or anyone acting through your Account or otherwise on your behalf, of any intellectual property relating to the Services or other right of any person or entity.

You are solely responsible for your actions when using the Services, as well as when you access your Account.

Limitation of Liability for Digital Services

You acknowledge and agree that the Digital Services are being provided on an “as-is” and “as available” basis. Globitex makes no representation, warranty, or guarantee as to the performance of its Services, and disclaims any warranty of fitness for a particular purpose or merchantability.   Globitex cannot guarantee that any files or other data you access from the Digital Services will be free of viruses, malware, or similar defects.  Globitex expressly reserves the right to terminate a User’s Account at any time at its sole discretion.

Globitex and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty or condition that (i) the Site or Services will meet your requirements; (ii) the Site or Service will be uninterrupted, timely, secure or error-free; (iii) any agreements or transactions entered into between any of its Users will meet all User expectations.

For the avoidance of doubt nothing in these terms shall affect your statutory rights. Nothing in these terms shall limit or exclude our liability to you that, by applicable law, may not be limited or excluded.

Under no circumstances shall Globitex or its employees, agents, suppliers or contractors be liable for any damages of any nature, including without limitation any consequential loss, damages for loss of income or profit, loss of or damage to property, loss of goodwill, use, data or other intangible losses, claims of third parties, or any other loss, cost, claim or expense of any kind or character arising out of or in connection with the use of the Services or the content on the Site.  Globitex is not liable for the actions of third parties, including those of its Users, hacking, and malware.

Without prejudice to the foregoing, and insofar as allowed under law, Globitex’s aggregate liability to you arising from its Digital Services shall in no event exceed one thousand Canadian Dollars ($1,000.00 CAD).

Reports and Notices

While we cannot guarantee the accuracy of any User’s information on our Site, we take allegations of fraud very seriously. If you have reason to believe that a User is violating these Terms of Use, please contact us here.

If you have any other concerns about this Agreement, our Site or Services, including links from our Site to any third-party websites, please contact us here, or alternatively at:

Globitex Inc.

1400-90 Burnhamthorpe Road

Mississauga, Ontario L5B 3C3

 

Globitex World

88 Fuhua San Road

Futian District, Shenzhen

Guangdong, China

 

Intellectual Property Rights

Globitex alone (and its third party licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Site and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.

These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Site or the Services, or any intellectual property rights owned by Globitex. Globitex’s name and logo are the property of Globitex, and no right or license is granted to use them.

User Content

Any content, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services (“User Content”), remain your intellectual property.  By uploading or sharing your User Content you hereby grant us a non-exclusive, transferable, worldwide, royalty-free, irrevocable license to host, copy, display, use, distribute, publicly perform, sublicense, and modify your User Content.