The "Easy2Trace", “Easy2Go” and "Flash" platforms (hereinafter referred to as the "Platform") are offered by:
A Limited Company having its registered office at 19 rue Edmond Reuter, Contern, L-5326, entered in the Luxembourg Trade and Companies Register under number B206160.
A Limited Company having its registered office at 19 rue Edmond Reuter, Contern, L-5326, entered in the Luxembourg Trade and Companies Register under number B41128.
Any use of the Platform, via the website www.easy2trace.com or www.flash.global or https://customerportal.easy2go.fr or https://customerportal.flash.global (hereinafter referred to as the "Platform") implies full and unreserved acceptance of the present General Terms and Conditions of Use (CGU).
The General Terms and Conditions of Use applicable are those in force as at the date of use of the Platform.
The Company hereby reserves the right to amend the present General Terms and Conditions of Use at any time.
The present General Terms and Conditions of Use are the property of the Company. Any reproduction, even in part, is strictly prohibited.
This Agreement is concluded by and between the Company and any person wishing to register on the Platform and become a user thereof (hereinafter referred to as the "User").
The Agreement is concluded for the term of registration of the User.
The Platform is a transport and logistics tracking assistance platform providing Users with a tool to support and assist them in tracking their transport, and notably allowing them to be remotely notified in real-time of the status of their transport.
The present General Terms and Conditions of Use are intended to indicate the terms and conditions of use of the Platform by Users.
"User": hereby refers to any natural person or legal entity, who uses the Platform via the website www.easy2trace.com or https://customerportal.easy2go.fr or www.flash.global or https://customerportal.flash.global.
By virtue of the present General Terms and Conditions of Use, the User is:
"Driver": refers to the driver of a Carrier, responsible for transporting goods on behalf of the Shipper client. The Driver uses the Easy2Trace Application or Flash Track application to track the delivery.
"Access Code": refers to the login and password enabling access to the Platform and Account by a User.
"Account": refers to the personal administration area dedicated to the User.
"Content": refers to all audiovisual, text, sound, graphics, photographic, etc. elements sent, issued, broadcast, published by a User on or on which the User interacts on the Platform, in any form whatsoever and notably in the form of text, images, videos and audio. Group: refers to any company, legal entity with a direct or indirect capital tie to the Company.
"Transport Order": refers to a request by the Shipper client, notably including information pertaining to the identity and details of the Shipper client; the nature of goods to be transported (weight, size, reference) as well as the place and times of collection and delivery of goods.
"Status of the transport order": refers to stages in the transport of goods.
"Vehicle": refers to the vehicle used by the Driver in the framework of the transportation mission on behalf of the Shipper client.
Access is free for the Platform, excluding the cost of the Internet connection which is payable by the User.
Access and registration to the Platform are available to any legal entity and natural person who is a fit and able adult.3.2 TERMS AND CONDITIONS FOR SUBSCRIBING TO THE PLATFORM
Use of the Platform is subject to prior registration by the User.
The User hereby guarantees the accuracy of information sent at the time of registration and undertakes to update this information, if it should change during the term of registration.
The User is registered by creation of an account, and formally accepts the present General Terms and Conditions of Use and is obliged to provide the following information:For Shipper clients:
The User accesses his account by visiting the "Client Portal" or the "Supplier Portal" on the Platform.
Registration on the platform notably gives free access to the following functionalities, allowing Users to:For the Shipper client:
These functions may be adapted in line with the Platform requirements.4.2 PAID SERVICES UPON ESTIMATES
Users also have the option of subscribing to paid services upon estimates, notably:
To access these services, Users should go to: email@example.com for FLASH Customer or firstname.lastname@example.org for E2G Customers.
In such instance where the User provides, at the time of registration or in the framework of use of the Platform, photographs, images or any other Content, it hereby undertakes:
The Company hereby reserves the right to undertake, upon notification of a third party, the withdrawal of any photograph, image or Content which breaches copyright.
The Company hereby notifies the User that its data is registered and has been declared to the competent body, pursuant to the provisions set forth under the Data Protection Act.
The User is hereby notified that its data has been processed allowing the Company to offer various functions proposed on the Platform.
The User has a right to access, amend, modify or delete data collected. This right may be exercised by simply contacting the Company by email at the following address: email@example.com for FLASH Customer or firstname.lastname@example.org for E2G Customers.
The data provided by the User is stored for the term of registration on the Platform.
Connection information and, notably, pages consulted and IP addresses are stored for the legal term of protection, namely one year following registration.
Subject to the User's express prior consent, data supplied by the User shall not be disclosed by the Company to third parties, with the exception of the Group and their technical partners for service requirements, and is not used for commercial prospection.
The Company takes all adequate measures to ensure the security and confidentiality of personal data processed.
The User is hereby informed that data is hosted on the territory of the European Union.
The Platform is the exclusive property of the Company.
The Company holds all intellectual property rights pertaining to the Platform and notably all graphics, sounds, text, software, including the underlying technology, or of any other nature, making up the Platform.
The User hereby undertakes not to infringe the intellectual property rights of the Company and refrains, consequently, from reproducing, representing, translating, amending or distributing, even in part, any element protected by intellectual property rights, without the Company's prior express consent.
Any reproduction of an element of the Platform by the User, without the Company's consent, constitutes an act of counterfeit subject to civil and criminal sanctions.
The User hereby refrains, moreover, from any exploitation, under any circumstances whatsoever, of the Content and information appearing on the Platform.
In accepting the General Terms and Conditions of Use, the User hereby grants, as a non-exclusive right to the Company, for the whole world and the entire term of registration, the right to reproduce, represent and, where applicable, amend the Content notified by the User, in order to ensure it is posted online and that it is accessible and legible under the best possible conditions.
The User hereby declares and confirms that the Content and information sent via the Platform do not infringe third party rights.
The User hereby refrains from using the Platform for commercial purposes without the prior express consent of the Company.
The User confirms having read, prior to acceptance hereof, the technical characteristics and security mechanisms of the Platform.
The User personally deals with all equipment (hardware and software) required for use of the Platform via the Internet. The User should regularly update its hardware and Internet connection, required for due and proper operation of the Platform.ACCESS CODES
It is hereby indicated that access to the Platform is secured in such a manner so as to permanently protect, from unauthorised access by third parties, all User data which may circulate through systems during the use of the Platform.
The User is hereby notified that Access Codes allowing it to access the Platform are personal and strictly confidential and may not be disclosed to any third parties whomsoever.
Use and protection of Access Codes falls under the sole and exclusive liability of the User who alone will bear the consequences which may result from their use by third parties who may become aware thereof. The Company shall not be held liable in any manner whatsoever for any loss or damage resulting from default by the User in respect of these restrictions.
In the event of loss or theft of its login information, the User hereby undertakes to amend the password or request a new password via the procedure displayed online by the Company allowing it to recover its Access Codes as soon as possible.INFORMATION COMPLETED
The User hereby guarantees that all information provided at the time of registration with the Platform pertaining notably to its identity and details, are correct and it undertakes to regularly update it.
The User hereby undertakes, in the framework of use of the Platform, to provide accurate and sincere information.
Generally, the User guarantees accuracy of all information supplied.USE OF THE PLATFORM
The User hereby undertakes to only use the Platform for the sole purposes indicated in the present General Terms and Conditions and in strict respect of technical and security standards.
The User understands and accepts the functionalities of the Platform.
Use of the Platform is under the sole and exclusive liability of the User. Consequently, any processing, transfer, distribution or representation of information or data via the Platform by the User, is undertaken under its sole and exclusive liability and in strict respect of legislative and regulatory provisions in force pertaining to the use of online services.
The User is solely and exclusively liable for Content it publishes and/or on which it interacts.
The User hereby refrains from distributing Content (texts, images, photos, videos, links) likely to infringe third party rights and interests and which is contrary to legislation and regulations in force or harms public order and morality.
Similarly, the User hereby undertakes not to send, via the Platform, any Content including a computer virus or any other code, file or programme developed with a view to suspending, destroying or limiting the operation of any software, computer or telecommunication tool, without this list being limited.
The User is liable for all Content infringing these provisions.
The User hereby acknowledges the right for the Company to remove any content which fails to respect these recommendations.
The User hereby undertakes moreover to immediately notify the Company of any anomaly concerning the use of the Platform at the following address: email@example.com for FLASH Customer or firstname.lastname@example.org for E2G Customers.
The User hereby undertakes to respect the image of the Company and its reputation, as well as other Users and Drivers. It hereby undertakes not to make any declarations and/or undertake any actions whatsoever which harm the Company, other Users or Drivers.BACKUP, SECURITY AND CONFIDENTIALITY OF DATA
The User accepts full liability for complete and regular back ups of its data and notably proof of delivery, proof of loading, bills of lading/CMR, photos taken by the application and digital signatures.
The User hereby undertakes to save and back up this data. The Company hereby notifies the User that data will not be stored by the Platform for longer than 6 months.
The User additionally undertakes to protect the security and confidentiality of said data.TRANSPORTATION OF GOODS
The Carrier accepts full liability for the transportation of goods by its Drivers. Consequently, the Company may not incur its liability towards Shipper clients or any other third parties for any loss or damage resulting from the transportation of goods by the Driver.
The Carrier is solely and exclusively liable for the date and place of collection and delivery of goods.8.2 COMPANY'S OBLIGATIONS AVAILABILITY
The Company hereby undertakes to take all reasonable measures in order to guarantee that the Platform be accessible online 365 days a year, 24 hours a day, 7 days a week, excluding any cases of force majeure, technical difficulties and/or computer difficulties and/or telecommunication difficulties and/or maintenance periods (and in particular updates).
The Company may not be held liable for any non-availability of the Platform pertaining to the User's internet connection, hardware or maintenance operations required for due and proper operation of the Platform.
The Company hereby reserves the right to immediately suspend, without any notice, access to the Platform for all Users and/or in an individual manner for any single User. :
1. In order to undertake any technical intervention or for any maintenance operation.
Insofar as possible, the Company will inform the User in advance.
2. If the Company receives a notice from a competent authority, whether administrative, arbitral, legal, pursuant to applicable legislation or from any third party.
3. In the event of use of the Platform in any manner which is contrary to these general terms and conditions.
The User hereby accepts that such a suspension may lead to deactivation and deletion of an account or password as well as denial of access to an account and deletion of the associated Content.CONFIDENTIALITY AND SECURE ACCESS
Generally, the Company hereby undertakes to implement all technical means, pursuant to state of the art techniques, so as to protect the integrity, security and confidentiality of Platform access.DEVELOPMENT OF FUNCTIONS
The Company hereby reserves the right to modify the presentation, operation or functionalities of the Platform, at any time and without prior notice.HOSTING
The Company hosts the Platform in line with security terms and conditions governing access to premises which comply with the rules of the trade.MAINTENANCE
The Company undertakes to ensure normal and corrective maintenance of the Platform so as to facilitate its sustainability and availability in the framework of an obligation of means. The User automatically benefits from any update developed by the Company corresponding to the version of the Platform it uses.FUNCTIONS, USES
The Company does not guarantee that the functions of the Platform may be adequate for any particular use planned by the User, upon whom it is incumbent to verify, in advance, the adequacy of the functions provided for its requirements.
The Company hereby notifies the User that its role is limited to that of a simple intermediary between the User and Drivers. Consequently, the Company does not intervene in the contractual relationship between the Driver, Carrier and Shipper client.
Moreover, the Company does not provide the goods transportation services. Consequently, the Company may not be held liable for any damages or losses, of any nature whatsoever, which result from transportation services undertaken by the Driver, in the framework of his contract with the Shipper client.
Consequently, the Company may not be held liable for an potential damages caused to the User, goods, Vehicle, Driver or any third party in the framework of performance of the transportation services by the Driver.
The Company is bound, in respect of the commitments appearing herein, solely by an obligation of means.
The User is notified of technical issues pertaining to the Internet and any suspended access which may arise therefrom Consequently, the Company shall not be held liable in any manner whatsoever for any lack of availability or slow performance of the Platform.
The Company is unable to guarantee continuity of the Platform undertaken remotely via the Internet, which the User accepts.
The Parties expressly agree that the Company may additionally not be held liable for suspension of the Platform or damages pertaining to any:
Generally, the Company may not be held liable for damage or indirect losses, lost profits or planned savings, lost income, or any damage to image, not directly and exclusively resulting from a fault of the Platform, or recourse by third parties.
The Company may not be held liable for deletion of User data for any technical reasons out of its control.
In all instances, the Parties hereby agree that the total amount which the Company may be led to pay if its liability should be incurred for any reason whatsoever will be limited to the fixed rate of one hundred (100) euros, all causes and damages included.
The role of the Company is limited to that of a host as defined by law.
In order to facilitate notification of Content likely to infringe the present General Terms and Conditions of Use, the Company provides Users with a contact address allowing illicit Content to be notified: email@example.com for FLASH Customer or firstname.lastname@example.org for E2G Customers.
Generally, liability of the Company may not be incurred for damages of any kind, direct or indirect, resulting from use of the Platform by the User.
The User is liable for all damages of any nature, material or immaterial, direct or indirect, caused to any third party, including the Company, due to use or illegal exploitation of the Platform, whatever the cause and place of occurrence of said damage.
The User hereby guarantees and holds harmless the Company for all consequences, claims or action of which the Company may be subject.
The User hereby relinquishes exercising any recourse against the Company in the event of proceedings initiated by any third party against it due to use or illicit exploitation of the Platform.
The User may unsubscribe at any time from the Platform by sending an email to the following address: email@example.com for FLASH Customer or firstname.lastname@example.org for E2G Customers. Unsubscription will be effective 15 days following the unsubscribe request.
For this, it is incumbent upon the User to connect to its account and supervise the unsubscription procedure indicated by the Company.
Once the User has unsubscribed, the Company will delete the User's personal identification data.
The User is, however, notified that Content published via the Platform will remain online and not be deleted.
Moreover, any serious breach by a Party of any of the obligations incumbent upon it, as defined in this Agreement, and not remedied within 7 days following issue of a recorded delivery letter with acknowledgement of receipt will lead to entitlement, for the other Party, to unilaterally claim termination ipso jure of the present Agreement, without prejudice to all compensation and interest to which it may claim by virtue hereof, and subject to respect of the aforementioned notice period.
The Company may terminate the Agreement at any time subject to prior notice of fifteen (15) days, following which it will be incumbent upon the User to take all necessary measures to reclaim its data.
Termination of the Agreement, for any reason whatsoever, leads to denial of access to the Platform by the User on the effective date of termination.
It is incumbent upon the User to take, prior to denial of access to the Platform, all measures required for reclaiming its data.
Moreover, the Company hereby reserves the right to terminate, unilaterally and without notice, the account of any User who does not respect the present General Terms and Conditions of Use.
This termination will become effective immediately, without prior notice by the Company.
It is officially agreed between the Parties that any waiver or tolerance by either Party in application of the commitments provided for in the Terms and Conditions of Use, in whole or in part, regardless of the frequency and term, cannot be construed as modification of this Agreement or conferring any right whatsoever.
The present General Terms and Conditions of Use express all of the obligations of the Parties.
Should any of the provisions appearing in the present General Terms and Conditions be declared invalid or unenforceable for any reason whatsoever, the other provisions shall remain applicable without alteration.
Computerised records stored in the computer systems of the Company under reasonable conditions of safety shall be considered as proof of communication, orders, and payments made between the parties.
The present General Terms and Conditions of Use are governed by the laws of Grand Duché de Luxembourg.
Moreover, the language of the present General Terms and Conditions of Use is French. In the event that the General Terms and Conditions of Use are translated into other foreign languages, only the French version shall prevail.
Should any dispute should arise between the parties due to the enforcement or interpretation of this Agreement, the Parties hereby undertake to abide by the amicable procedure outlined hereunder, prior to any referral to the Court holding jurisdiction.
With a view to jointly seek a solution to any dispute which may arise in the performance of this Agreement, the User hereby agrees to contact the Company in advance at the following address: email@example.com for FLASH Customer or firstname.lastname@example.org for E2G Customers.
The User will outline the dispute for which it is contacting the Company, along with supporting documents. On the basis of this information, the Company hereby undertakes to respond to the User as soon as practically possible in order to seek an amicable solution.
If, within a term of thirty days following the Company's reply, the Parties fail to agree to a compromise, find a solution or reach a settlement, the dispute will then be referred to the courts with jurisdiction.
Editor of the website www.easy2trace.com, www.easy2go.fr and www.flash.global (hereinafter referred to as the Website) and the Easy2Trace and Flash Track applications (hereinafter referred to as the Applications) are
A Limited Company having its registered office at 19 rue Edmond Reuter, Contern, L-5326, entered in the Luxembourg Trade and Companies Register under number B206160.
A Limited Company having its registered office at 19 rue Edmond Reuter, Contern, L-5326, entered in the Luxembourg Trade and Companies Register under number B41128The Publication Director is:
The whole of the Website (graphics, editorial elements, software, programmes, fixed or animated images, name, etc.) and Applications are protected by national and international regulations and intellectual property law. Consequently, any reproduction, representation, modification or adaptation, in whole or in part, of the Website and Applications elements are subject to the express prior consent of the publisher of the Website and Applications.
Similarly the various databases appearing on the Website and Applications are protected against any substantial extraction or re-use, qualitatively or quantitatively, of their content.
Trademarks and logos appearing on the Website and Applications are the sole and exclusive property of the publisher meaning that any reproduction or imitation thereof, without the express consent of the publisher, is prohibited.
Infringement of the exclusive rights acknowledged as belonging to the publisher of the Website and Applications will lead to civil and criminal sanctions.
In the framework of your use of the Website, the publisher is likely to process personal data in respect of the provisions of Directive EC 95/46 as implemented in applicable national law for the purpose of customer relationship management and improve customer service, to run and operate our, to personalize user experience, to improve our Website and Applications.
Pursuant to such regulations, you have a right to access, modify and oppose any personal data concerning you. This right may be exercised by email or letter and sent to those addresses indicated at the top of this document, along with proof of identity. Requests are processed within a maximum period of two (2) months following receipt of your full request.
We may collect non-personal identification information about user whenever they interact with our Website and Applications. Non-personal identification information may include the browser name, the type of computer and technical information about User means of connection to our Website, such as the operating system and the Internet service providers utilized and other similar information.
The present Website is governed by the law of Grand Duché de Luxembourg.
No link leading towards this Website and the Applications may be implemented without the prior written consent of the publisher of the Website and Applications.
The publisher will do its utmost to ensure accessibility to the Website and Applications 24/7. It may not, however, under any circumstances be held liable for non availability of the Website and Applications for whatsoever reason.