Cargo Portal Terms And Conditions

Thank you for visiting [•] (“Cargo Portal”). The following terms and conditions set out below (“Cargo Portal Terms and Conditions”) explain the terms and conditions applicable to any person or a legal entity which uses or accesses the Cargo Portal (“you”/” your” or “user”) through the (“Cargo Portal”) owned and operated by Bradley Air Services Limited doing business as Canadian North (“Carrier”/”Canadian North”).

The Cargo Portal Terms and Conditions govern your use of the Cargo Portal. Please review the Cargo Portal Terms and Conditions carefully before accessing or using the Cargo Portal. Each time you access the Cargo Portal or create an account, you agree to be bound by these Cargo Portal Terms and Conditions. Additionally, the “Terms and Conditions of Use” located at https://canadiannorth.com/terms-and-conditions-of-use/ and the “Privacy Policy” located at Privacy Policy also apply to you and are deemed to have been incorporated herein by reference, and you must also review these carefully before accessing the carriage services through the Cargo Portal. Each time you access or use the Cargo Portal, you are entering into a contract with us, and you agree to be bound by these Cargo Portal Terms and Conditions. If you do not agree to be bound by and comply with these Cargo Portal Terms and Conditions, please do not access or use the Cargo Portal. 

Canadian North reserves the right at any time to change these Cargo Portal Terms and Conditions, or to modify or discontinue, either temporarily or permanently, the Cargo Portal including any products, goods or services contained on or referenced on the Cargo Portal, in its sole discretion, without notice or liability. It is your responsibility to regularly review these Cargo Portal Terms and Conditions. If you use the Cargo Portal after we make any changes, it means you have accepted the changes and that you agree to be bound by the Cargo Portal Terms and Conditions of Use as modified. 

Access to certain functionalities of the Cargo Portal may only be available to registered users (including user’s employees, invitees, agents, and all other authorized persons with access to user’s passwords) (collectively, "Users") only. You agree that the booking functionalities and the generation of the Airway Bill on the Cargo Portal shall be used only to make legitimate cargo consignment bookings for you or for another person for whom you are legally authorized to act. You may also use the Cargo Portal as a visitor, without registering as a User. However, you will not have access to the full functionalities of the Cargo Portal which are available only to the Users.

By accessing or using the Cargo Portal, you represent and warrant to us that you:

• are at least 18 years of age, and have the legal capacity to enter into these Cargo Portal Terms and Conditions 
• By purchasing the services contained on the Cargo Portal, you are not breaching any other agreement or obligation or any provision of any law or regulation, or infringing on the intellectual property rights of any third party; 
• consent, and (where applicable) you have obtained all necessary approvals, consents and authorizations from any third party, to submit information to us, including personal information and to delete or modify such information and all information submitted is true, accurate and complete; 
• accept full responsibility for all assessments, charges, duties, fees, and taxes and any other financial liability resulting from your use of our Cargo Portal under your name or account, as well as all use of others using your name or account on our Cargo Portal ; and 
• agree to supervise all persons who are not of the age of majority in your jurisdiction that access or use the Cargo Portal under your name or that use your name or account. 
• Have submitted or will submit, or others using or accessing the Cargo Portal under or using your name or account have submitted or will submit, information, content or material which is true, accurate and complete.  
• Agree that your account information is owned and proprietary of Canadian North. You must access your account directly through the Cargo Portal and not through a third party website, including but not limited to any tracking service. 
• Agree to the payment of all amounts when due. You shall be solely responsible for all applicable charges, fees, duties, taxes and assessments arising out of the purchase of any products or services booked through this Cargo Portal. 

You may not access or use the Cargo Portal for any purpose that is unlawful or that is prohibited by these Cargo Portal Terms and Conditions. You may only use or access the Cargo Portal to determine the services offered on the Cargo Portal. Canadian North provides this Cargo Portal solely to permit you to determine the availability of cargo air carriage related goods and services and to make legitimate bookings or reservations or otherwise transact business with Canadian North, and for no other purpose. Use of our Cargo Portal for any other purpose, including any commercial use or purpose, is expressly prohibited. 

In addition to the foregoing, you also agree that, in accessing or using the Cargo Portal, you will not commit or participate in any of the following acts or actions, each of which is expressly prohibited under this Agreement: 

• directly or indirectly, access, use, encourage, solicit, permit, facilitate, aid, assist, or abet or participate in, including, but not limited to, the selling, licensing, distribution or provision to any entity or person by any means whatsoever that allow, the access, use, or agree to provide the access or use, of the Website through any manual process or any automatic, electronic or technical device, including but not limited to automated scripts, robots, crawls, screen scrapers, web “bots”, deep-links, indexes, spiders, click-spams, macro programs, or any other device, program, software, system, algorithm, methodology or technology, now known or that is afterwards discovered, that performs the same or a similar function, in order to, without limitation: “data mine”; “screen scrape”; data process; access, extract, copy, distribute, aggregate or acquire information; generate impressions or clicks; input or store information; search or generate searches; or manipulate or monitor any portion or content of the Cargo Portal; 
• unless expressly provided for in this Agreement, create any derivative works from or otherwise copy, license, display, publish, perform, recreate, reproduce, sell, transfer, transmit or otherwise distribute, modify, edit, add to, mirror, frame, re-render, truncate, inject, filer or change of the order of any information, products, goods, services, and software contained or offered on, or obtainable by, through or from the Cargo Portal. Without limiting the generality of the foregoing, you also agree not to cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else that minimizes, covers, or otherwise inhibits the full display of the Cargo Portal; 
• access or use the Cargo Portal in such manner, or otherwise take any action, that burdens our infrastructure to an unreasonable and disproportionate extent, or reduces the speed of the Cargo Portal, that otherwise interferes with the normal functioning of the Website or otherwise abuses or overuses the Cargo Portal; 
• circumvent, or attempt to circumvent, any measures or precautions taken by Canadian North to prevent the use or access of the Cargo Portal, or any other action, in violation of this Agreement; 
• access the Cargo Portal to make any speculative, fraudulent, or false reservation, or any reservation in anticipation of demand. Canadian North reserves the right to cancel any and all such prohibited reservations without notice and without liability; or 
• engage in any other conduct or activity that either conflicts with these Cargo Portal Terms and Conditions of Use or that Canadian North deems, in its sole, absolute and unrestricted discretion, to be in conflict with this Agreement. 
• impersonating another person and / or employing misleading email addresses, or forged headers or otherwise manipulating identifiers in order to disguise the origin of the content transmitted through the Cargo Portal. 
• Utilize Canadian North customer’s user ID, password or other login information during log in, unless you are: a) the User to whom that user ID or password is assigned; b) a family member of the User, acting with the User’s express permission; c) an employee of the User, acting with the User’s express permission; or d) any other authorized person acting with the User’s express permission.  

You are solely responsible for ensuring the protection and confidentiality of your user account login information, including the email address and the passwords. You agree to not transfer your login information or transfer your use of access to user’s account to any unauthorized person. You will promptly notify Canadian North if you become aware of reasonable suspects any unauthorized activity on your account or the loss, disclosure, or unauthorized use of your passwords, account or other login information. In the event of the actual or suspected loss, disclosure or unauthorized use of any such information, you should immediately take all steps to change the email address, passwords and/or other login information.

The Cargo Portal contains copyrighted and other proprietary information. You may not in any way make unauthorized use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Cargo Portal, except as permitted by applicable law or with the express written permission of Canadian North.

Canadian North grants you a non-exclusive, limited, non-transferable and personal, royalty-free license to access the Cargo Portal. Unless otherwise indicated, the Cargo Portal, the ‘Canadian North’ name, logo, services, associated software, data bases, data created using Canadian North’s Cargo Portal, including images, designs, contents, video clips, articles, etc. that are part of the Cargo Portal are intellectual property owned, controlled or licensed by Canadian North and are protected by intellectual property laws. You are not permitted to use the same. You cannot link, make reference to, use, reproduce, republish or re-disseminate any content on our Cargo Portal including any of Canadian North’s icons, logos, or trademarks without our prior written consent.

We may make certain records, documents, data and information related to estimates and shipment (“Data”) available to you for download from the Cargo Portal. Any and all such Data is the copyrighted work of and owned by Canadian North and/or its suppliers. Canadian North grants you a non-exclusive, limited and revocable license to download and view the Data and Canadian North Content available on the Cargo Portal, for the purposes stated in this Cargo Portal Terms and Conditions and for no other purposes.

Canadian North’s name, logo, logo, services, associated software, databases, transportation information, data created using Canadian North’s Cargo Portal, trademarks, copyrights, service marks, patents, mask marks, moral rights and trade secrets of Canadian North (“Canadian North IP”) shall not be used, commercially exploited, copied, redistributed, retransmitted, published, sold, rented, leased, marketed, sublicensed, pledged, assigned, disposed of, encumbered, transferred, reverse-engineered, assembled, decompiled, disassembled, or otherwise altered, modified or enhanced, whether in whole or part. Canadia North or its suppliers and licensors reserve all rights not expressly granted herein.

Unless and to the extent otherwise expressly permitted in by Canadian North and regardless of the nature of your business or activity (e.g., shipper, jobber, freight consolidator, corporate client, private individual, consignor, consignee, etc.), the User will not access or use, or permit others to access or use the account or the Cargo Portal for (1) cargo or freight processing, consulting, management, handling, tendering, shipping or transportation services, (2) conducting or participating in networking operations with third-party systems or, (3) spurious generation of Air Waybills without the intention of making a Shipment (collectively, "Improper Conduct").

In its sole discretion and in addition to any other rights or remedies available to it, Canadian North reserves the right to determine whether any person(s) is(are) engaging in Improper Conduct, charge such person(s) (whose facilities or access rights have been used for Improper Conduct) an Improper Conduct service fee, and a cancellation fee and inhibit, limit or terminate (at any time and from time to time) such person(s)’ access (in whole or in part) to Canadian North’s services. Such person(s) shall indemnify Canadian North against all damages, loss or expenses which Canadian North suffers or incurs as a result of such Improper Conduct.

Canadian North does not warrant that this Cargo Portal will operate error-free or that it and its server or servers are or will be free of computer viruses, trojan horses, or other harmful content, devices or programs. This Cargo Portal and its content and material, and access to the data, are all provided on an “as is, where is”, and “as and when available” basis without any representations, guarantees, conditions or warranties of any kind. Any information (including estimates), software, goods, products, services, material or other content found or offered on or provided or accessible or obtained/obtainable from the website (“Canadian North Content”) may contain errors and/or omissions, may have become out of date, and may be modified from time to time by Canadian North and/or its suppliers, agents and contractors.

To the fullest extent permitted by law, Canadian North disclaims any and all conditions and warranties, whether express or implied, including the condition or warranty of merchantability and the condition or warranty of fitness for any particular purpose.

Canadian North makes no warranty or representation of non-infringement. Canadian North further makes no warranties or representations concerning the accuracy, reliability, completeness, or timeliness of the data accessed by use of the Cargo Portal.

While Canadian North strives to ensure the information on the Cargo Portal is accurate and current, we make no representations to you about the accuracy of the information contained on the Cargo Portal, or reliability of the services provided herein.

In no event shall Canadian North or its suppliers, agents and contractors be liable for any direct, indirect, punitive, incidental, special, economic, exemplary or consequential damages arising out of, or in any way connected with, the use of, the delay or the inability to use, the website or any Canadian North Content, including, but not limited to, any damages caused by any failure to perform, error, omission, interruption, deletion, defect, delay in operation or transmission, non-delivery of notifications, email or text messages that are lost, intercepted, reviewed or altered by others, text messages sent to a valid phone number that you provided to us but which is not owned or no longer owned by you, computer virus and other damage to your mobile device, computers, computer networks or other property, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record or data or information or programs, whether such damages or injuries are based in contract, tort (including negligence), strict liability, or otherwise, even if Canadian North or its suppliers, agents and contractors have been advised of the possibility of such damages. To the extent that applicable law does not allow the limitation or exclusion of liability for incidental or consequential damages, this particular limitation or exclusion may not apply to you.

As a condition of you accessing or using the Cargo Portal, you agree to defend, indemnify and hold harmless Canadian North, its affiliates and their respective directors, officers, employees, agents, and licensees from and against any and all claims, demands, suits, actions, proceedings, liabilities, damages, judgments, penalties, taxes, fines, costs and expenses (including reasonable legal fees) arising out of, or resulting from or otherwise connected with: (a) the Canadian North Content, (b) any information, including personal information, you supply to us either on your behalf or on behalf of a third party, (c) your (or anyone acting under your name and account) use of the Cargo Portal, or (d) a breach of these Cargo Portal Terms and Conditions.

Canadian North collects, uses, stores and processes your personal information in accordance with the Privacy Policy.

These Cargo Portal Terms and Conditions shall be governed by the law applicable in Ontario, Canada, without regard to principles of conflicts of law. To the extent allowed by applicable law, any dispute shall be finally settled using binding, confidential, arbitration under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The seat or place of the arbitration shall be Ontario, Canada. Any hearings may be held by videoconference at the election of Canadian North. Nothing in this clause shall prevent Canadian North from seeking injunctive relief from courts in any jurisdiction subject to any such actions only seeking, and being limited to claims for, injunctive relief, or being in aid of an arbitrator’s award.

The Contract in respect of the conditions of carriage if already agreed by you, along with these Cargo Portal Terms and Conditions and any other notices or statements posted on the Cargo Portal constitute the entire agreement between you and Canadian North with respect to the use of the Cargo Portal, including the Canadian North Content, and these Cargo Portal Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Canadian North with respect to the Cargo Portal and Canadian North Content.

Any delay, omission or failure by Canadian North to exercise any of its rights, powers or remedies under these Cargo Portal Terms and Conditions does not constitute a waiver by Canadian North of those rights, powers or remedies. The single or partial exercise of a right, power or remedy does not prevent us from subsequently exercising any other right, power or remedy. Canadian North may assert at any time or against any person any such rights, powers or remedies.

If any provision of these Cargo Portal Terms and Conditions is deemed to be invalid, unlawful or for any reason unenforceable, then such provision shall be severed from these Cargo Portal Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

If you are a visitor using the Cargo Portal, you may not be eligible to use the other functionalities of the Cargo Portal, but you are allowed to check the estimates for the shipment of cargo based on the data you enter. Please note that the estimates and rates displayed on the Cargo Portal are not final, and the final rates shall be provided by a Canadian North employee when the shipment is tendered at the Canadian North Cargo warehouse facility, and the final rate shall be provided to you prior to the acceptance of the Cargo.

If you are a registered User using the Cargo Portal to make a shipment, the Cargo Portal confirms a booking reservation with an Air Waybill number attached to the booking reservation. Acceptance of the cargo and the final rate is not assumed and confirmed by Canadian North until after all the following actions have been completed:

• Cargo is received and verified by a Canadian North employee or duly authorized representative at the Canadian North Cargo warehouse facility.
• Indicated weight and dimensions of the cargo have been verified
• Cargo has cleared security if applicable.