Terms

These website TERMS OF USE, as amended (the “Terms”) govern your access to and use of the websites, portals, customer account, online services, and related systems of W8 Shipping LLC, a Georgia limited liability company (referred to as the “Company” or “W8“ or “we,” “our,” and “us”), including all content, functionality, and services offered on or through them (collectively, the “Site”). By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by the following Terms.

1. Terms

• Terms of Use. These web Terms will control your use and access to the Site and remain subject to the Company’s other applicable Terms & Conditions including the Company’s Privacy Policy (available at www.w8shipping.com) and all service terms and conditions applicable to the services offered by the Company including shipping, logistics, freight, and other services offered by the Company or its Related Parties through the Site (collectively, the “Service Terms”).

• Conflicts. In the event of a conflict between these web Terms and any other Service Terms of the Company, the Service Terms will control.

• Consent to Terms. By accessing the Site, you agree to these Terms with the same force and legal effect as a signed written agreement, and you further represent that you are at least the age of majority in your jurisdiction and have the authority to bind yourself and any person or entity on whose behalf you use the Site.

• Non-Consent to Terms. If you do not agree to these Terms, you are not permitted to access the Site.

• Scope of Terms; Related Parties. These Terms govern your use of the Site and your interactions with W8 Shipping LLC. The Site and certain services offered through the Site may incorporate, rely on, or involve the participation of the Company’s affiliates, subsidiaries, agents, subcontractors, service providers, direct or indirect interest holders, and their respective owners, officers, directors, employees, representatives, successors, and assigns (collectively, “Related Parties”). To the extent any Related Party is involved in providing or supporting the Site or Company services, these Terms inure to the benefit of, and may be enforced by, such Related Parties; provided, however, that nothing in this Section shall make the Company responsible or liable for any Related Parties or for the acts, omissions, or representations of third parties, including any third‑party carriers, vendors, Related Parties, or other service providers whose services are displayed, referenced, or accessible through the Site or integrated into the Company’s services.

2. Using the Site

• Access License. The Company grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site solely for legitimate business purposes related to evaluating or obtaining our services.

• Acceptable Use. By accessing the Site, you agree to use the Site in a manner that complies with these Terms and all applicable law.

• Restricted Use. You may not copy, reproduce, modify, transmit, distribute, scrape, reverse engineer, or create derivative works based on the Site, any account, or Content (as defined below) except as expressly permitted by the Company in writing, and by accessing the Site you further agree:

  • You will not use the Site for unlawful purposes or in violation of the Terms;

  • You will not try to gain unauthorized access to the Site or related systems;

  • You will not upload or transmit malware or harmful code;

  • You will not perform any automated data harvesting, scraping, or indexing;

  • You will not misrepresent your identity or affiliations; and

  • You will not use the Site to engage in services in violation of applicable law.

• Improper Use. In the event of any known or suspected violation of these Terms or any improper use of the Site or any related Company system, including use for an unlawful purpose, the Company reserves all rights. You agree to promptly notify the Company in writing of any known or suspected improper use or security issue.

• Right to Refuse; Discontinue Access. The existence of this Site and creation of any account is not a promise or guaranty to continued access to the Site or continued use of an account or receipt of services from the Company. The Company may terminate, suspend, or refuse Site access to anyone at any time for any reason in its sole discretion.

3. Customer Accounts

• Accounts. Whenever the Site is used by a customer or other person seeking to become a customer, contractor, or other party and account creation is required, you agree to provide accurate information and maintain the security of your account and confidentiality of your credentials.

• Account Creation. We reserve the right to accept or reject any request for account creation and may terminate an existing account or refuse and modify account access at any time for any reason in our sole discretion.

• User Submissions. By submitting or transmitting any information, documents, data, messages, files, or materials through the Site or any related Company system (collectively, “Submissions”), you grant the Company a perpetual, irrevocable, worldwide, royalty‑free, fully sublicensable license to use, host, store, reproduce, modify, transmit, distribute, display, and create derivative works from such Submissions as necessary or useful to: (i) operate, manage, and maintain your account; (ii) provide, deliver, or improve Company services; (iii) perform administrative, commercial, operational, quality, training, analytics, compliance, or security functions; (iv) support, develop, or enhance the Site and related Company systems; (v) make disclosures to agencies and other parties. This license extends to the Company’s Related Parties and to Third‑Party Providers to the extent required to perform or support Company services. You represent and warrant that you have all rights, authority, consents, and permissions necessary to submit the Submissions and to grant the license described in this Section, and that your Submissions do not violate any laws, infringe third‑party rights, or contain any harmful, unlawful, or misleading content. You remain solely responsible for the accuracy, completeness, legality, and integrity of all Submissions, including all data, descriptions, account information, documentation, and communications provided through the Site. The Company is not responsible for delays, losses, penalties, or consequences arising out of inaccurate or incomplete Submissions.

• Account Activity. You are responsible for your account and all activity conducted under your account and agree to all applicable T&C in exchange for the account.

• Electronic Signatures & Communication. By submitting forms, inquiries, or onboarding information through the Site, you acknowledge and agree to consent to the use of electronic signatures and to receive electronic communications through your account and via email, telephone, text, and other form of communication to the fullest extent permitted by law.

4. Data; Ownership; Trademarks

• Data Privacy. By using the Site you acknowledge and consent to the data practices described in the Privacy Policy.

• Ownership. The Site and all content, data, trademarks, graphics, images, software, and other materials (“Content”) are owned by the Company or its licensors and are protected by all applicable T&C and to the greatest extent of applicable intellectual property laws.

• Trademark. “W8 Shipping” and its logo are a registered trademark. All rights are reserved.

5. Compliance with Law; Non-Circumvention

• Compliance. You agree your use of the Site will comply with applicable laws, including laws relating to trade secrets, data privacy, consumer protection, oceanic or surface transportation, customs and export control, sanctioned parties or territories, anti-corruption, anti-money-laundering, or anti-boycott laws.

• Sanctions. You may not access or use the Site from any sanctioned or embargoed territories and may not engage with the Site to solicit or facilitate services or any transactions involving sanctioned or restricted parties, destinations, or end-uses.

• Non-Circumvention. You agree not to circumvent the Company by directly engaging vendors, carriers, agents, or partners identified through the Site or the Company’s services for substantially similar services without prior written consent.

• International Compliance. You are responsible for ensuring your access to and use of the Site complies with all applicable local laws, rules, regulations, controls, and other rules of the appropriate jurisdiction from where you access the Site.

6. Disclaimers

• No Representations. The Site and all its content and related systems are provided “AS IS” and “AS AVAILABLE” and the Company hereby expressly disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement.

• Third‑Party Providers. The Site may display, reference, or provide access to services, information, or content supplied by independent third‑party carriers, vendors, marketplaces, logistics providers, or other service providers (“Third‑Party Providers”). The Company does not control, endorse, or assume responsibility for any Third‑Party Provider or its services, content, pricing, availability, representations, or practices. Your interactions or transactions with any Third‑Party Provider are solely between you and that provider and may be governed by separate terms.

• Third-Party Provider Content. The Site may contain content, systems, information, logos, or links to certain Third-Party Provider content or systems which shall remain the exclusive property of the Third-Party Provider. The Company shall not be responsible or liable for the content, security, or practices of Third-Party Providers except as otherwise agreed in writing or the Service Terms.

• Compliance with Law. This Site is intended to comply with the applicable laws.

• No Advice; No Guarantee. Information made available through the Site, including pricing, rates, schedules, transit times, data, or compliance‑related information, is provided for general reference only and does not constitute legal, regulatory, customs, or professional advice. We do not guarantee accuracy, completeness, or timeliness of such information, and all data regarding availability, pricing, and schedules remain subject to applicable carriers and Third-Party Providers.

• No Agency or Joint Venture. Your use of the Site does not create any agency, partnership, joint venture, employment, or fiduciary relationship between you and the Company or between the Company and any Third‑Party Provider. The Company does not act as your agent or the agent of any carrier or vendor unless expressly stated in a separate written agreement or the Service Terms.

7. Liability; Indemnification

• Limited Liability. To the maximum extent permitted by law, neither the company nor any related parties will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages. By accessing the site you agree the total liability the company and any related parties may have for any final non-appealable claim arising from or relating to the site may in no event in excess of One Hundred Dollars ($100 USD), and by accessing the site you agree to affirmatively waive, release, and forgo any and all claims to the contrary or liability exceeding the liability cap described here and hold the Company and Related Parties harmless and will further indemnify it and them for any claims made contrary to this Section.

• Indemnification. You agree to indemnify, defend, and hold harmless the Company and all its Related Parties from claims arising from your use of the Site or violation of these Terms or applicable law.

8. Miscellaneous Terms

• Injunctive Relief. In the event of any known or reasonably suspected violation of the Terms, the Company shall be entitled to take all commercially reasonable measures and shall be entitled to immediate injunctive relief without the necessity of bond.

• Amendments. These Terms may be amended by us at any time and your continued use and access to the Site will constitute automatic acceptance of the amended or revised Terms.

• Arbitration. Any dispute arising out of these Terms or the Site shall be initiated in binding arbitration administered by a commercial arbitration association selected by the Company from time to time. Notwithstanding the foregoing, the Company may seek injunctive or other equitable relief in any court of competent jurisdiction for violations involving intellectual property rights, misuse of the Site, or unauthorized access.

• Governing Law; Venue. These Terms are governed by the laws of the State of Georgia, USA. Regardless of the location from which you access the Site or the jurisdiction in which you reside, any claim or legal proceeding arising out of or relating to these Terms or the Site must be filed exclusively in the state courts located in Atlanta, Georgia.

• Class Action; Collective Action. You acknowledge and agree that all claims must be brought in an individual capacity, and by accessing the Site or obtaining services through the Site you unconditionally and irrevocably waive the right to join or participate in any class action or collective action proceeding and agree not to take part in any such claims.

• No Waiver. No failure or delay by the Company in exercising any right, power, or remedy under these Terms shall operate as a waiver of such right, power, or remedy, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof. Any waiver must be in a writing executed by an authorized representative of the Company to be effective.

• Notices. To the extent notice is required it shall be sent electronically to: legal@w8shipping.com

• Entire Agreement. These Terms, together with any applicable policies, disclosures, or Service Terms which are expressly incorporated by reference herein, shall constitute the entire agreement between you and the Company regarding your access to and use of the Site and they supersede all prior or contemporaneous agreements, understandings, negotiations, representations, and warranties, whether written or oral, relating to the subject matter hereof.

• Severability. If any provision of these Terms is determined to be invalid, illegal, or unenforceable by a binding legal authority, such provision shall be deemed modified to the minimum extent necessary to make it enforceable and consistent with its original intent. In the event it cannot be so modified, the impacted provision shall be severed from these Terms and all remaining provisions shall remain in full force and effect.

• Rights and Remedies. The Company expressly reserves all rights or remedies available at law or in equity on behalf of itself, its Related Parties, and any Third-Party Providers (to the extent applicable), and nothing in these Terms shall be construed as limiting, modifying, or impairing such rights and remedies.

• Termination. The Company may suspend, restrict, or terminate your access to the Site or any related account, in whole or in part, at any time and without prior notice, for any reason or no reason, including any actual or suspected violation of these Terms, misuse of the Site, unlawful activity, failure to maintain accurate information, or conduct that the Company determines may harm or not in the best interests of the Company, its Related Parties, any Third-Party Providers, other users, or the security or integrity of the Site. Upon termination, all rights granted to you under these Terms will immediately cease, and the Company may remove, disable, delete, or otherwise dispose of any account records, information, Submissions, or other data associated with you, your account, any services, or your access to the Site, to the greatest extent of applicable law. Termination does not limit or release you from any obligations or liabilities incurred prior to the effective date of termination, and any provisions of these Terms that by their nature should survive termination—including those relating to ownership, Submissions, indemnification, limitation of liability, governing law, venue, arbitration, and rights and remedies—shall continue in full force and effect. The Company shall not be liable to you for any suspension or termination of access to the Site or any account and has no duty to transfer, assign, or make available any such records, data, or submissions.

• Accessibility. We aim for substantial conformance with WCAG 2.1 AA and applicable ADA standards and are continuously improving our website’s accessibility, however, if you need assistance or encounter a barrier, please email legal@w8shipping.com or call us and a member of our team will provide the information, item, or transaction through an accessible alternative and work to remediate the issue. Be advised some Third-Party Provider features are outside our control, but we encourage all our vendors to align with the highest level of accessibility standards.