Terms and Conditions

1. Introduction and Acceptance

Welcome to Viago ("Platform", "we", "us", or "our"). These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Viago governing your access to and use of our freight forwarding marketplace platform.

By registering for an account, accessing, or using the Viago platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Platform.

2. Definitions

• "Platform" refers to the Viago web application and all associated services.
• "User" refers to any individual or organization using the Platform.
• "Importer" refers to freight forwarders or importers posting cargo requests.
• "Transporter" refers to freight forwarding companies providing transportation services.
• "Cargo Request" refers to shipment listings posted by Importers.
• "Offer" refers to pricing proposals submitted by Transporters.
• "Deal" refers to an accepted Offer resulting in a binding agreement.

3. Eligibility and Account Registration

3.1 Eligibility Requirements

To use the Platform, you must:

• Be a legal entity or authorized representative of a business organization
• Be at least 18 years of age
• Have the legal authority to enter into binding contracts
• Provide accurate and complete registration information
• Hold a valid VAT registration number (for company registration)

3.2 Account Registration

During registration, you must provide:

• Company name and VAT number
• Representative's name
• Valid email address
• Contact phone number

3.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your account information remains accurate and up-to-date

3.4 Account Approval

All new registrations are subject to administrative review and approval. We reserve the right to reject, suspend, or terminate any account at our discretion without providing specific reasons.

4. Platform Services

4.1 Marketplace Facilitation

Viago operates as an online marketplace connecting Importers seeking freight forwarding services with qualified Transporters. We facilitate communication and transactions but are not a party to the agreements between Users.

4.2 For Importers

Importers may:

• Create and publish detailed cargo requests
• Specify cargo type, dimensions, weight, origin, and destination
• Request additional services (brokerage, temperature control, documentation)
• Review and compare offers from multiple Transporters
• Accept or reject offers at their discretion
• Invite team members to collaborate on their organization's account

4.3 For Transporters

Transporters may:

• Browse published cargo requests
• Submit competitive offers with detailed pricing
• Specify service pricing for transportation, additional services, and documentation
• Provide estimated delivery timeframes
• Update or withdraw offers before acceptance

4.4 Service Availability

We strive to maintain uninterrupted service but do not guarantee continuous, error-free, or secure access. We reserve the right to modify, suspend, or discontinue any aspect of the Platform with or without notice.

5. User Obligations and Conduct

5.1 Accuracy of Information

You agree to:

• Provide accurate, complete, and truthful information
• Accurately describe all cargo details, including hazardous materials
• Update information promptly when changes occur
• Comply with all applicable laws and regulations regarding cargo shipments

5.2 Prohibited Activities

You agree not to:

• Post false, misleading, or fraudulent cargo requests or offers
• Use the Platform for illegal activities or prohibited goods
• Attempt to circumvent the Platform to avoid fees or obligations
• Harass, abuse, or harm other Users
• Interfere with or disrupt the Platform's functionality
• Use automated systems to scrape or extract data
• Reverse engineer, decompile, or disassemble any Platform software
• Impersonate any person or entity
• Violate any applicable laws or regulations

5.3 Dangerous Goods

When posting cargo containing dangerous goods, you must accurately declare all hazardous materials, including IMO class and UN numbers, and comply with all international shipping regulations (IMDG, IATA, ADR).

6. Transactions and Agreements

6.1 Binding Agreements

When an Importer accepts a Transporter's offer, a legally binding agreement is formed between the Importer and Transporter. Viago is not a party to this agreement and assumes no liability for its performance or breach.

6.2 Direct Responsibility

Users are directly responsible to each other for fulfilling their contractual obligations. This includes payment terms, delivery schedules, insurance, cargo handling, and all other aspects of the transportation agreement.

6.3 Dispute Resolution

Any disputes arising from transactions between Users must be resolved directly between the parties. While we may provide assistance in facilitating communication, we have no obligation to mediate or resolve disputes.

7. Fees and Payments

7.1 Platform Fees

Viago currently operates on a free-to-use model. We reserve the right to introduce fees for certain services in the future with reasonable advance notice to Users.

7.2 Payment Terms Between Users

Payment terms, methods, and schedules are negotiated and agreed upon directly between Importers and Transporters. Viago does not process payments between Users and is not responsible for payment disputes.

8. Intellectual Property

8.1 Platform Content

All content, features, and functionality of the Platform, including but not limited to text, graphics, logos, icons, images, software, and the design thereof, are owned by Viago and protected by international copyright, trademark, and other intellectual property laws.

8.2 User Content

You retain all rights to content you post on the Platform. By posting content, you grant Viago a worldwide, non-exclusive, royalty-free license to use, display, and distribute such content for the purpose of operating and promoting the Platform.

8.3 Feedback

Any feedback, suggestions, or ideas you provide about the Platform may be used by Viago without any obligation to you.

9. Disclaimers and Limitation of Liability

9.1 Platform "As Is"

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9.2 No Guarantee of Results

We do not guarantee that:

• Importers will receive offers for their cargo requests
• Transporters will secure business through the Platform
• Transactions will be completed successfully
• The Platform will meet your specific requirements
• All information posted by Users is accurate or reliable

9.3 Third-Party Conduct

We are not responsible for the conduct, actions, or omissions of any User. We do not verify User credentials, qualifications, or the accuracy of information posted on the Platform.

9.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIAGO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT OF FEES, IF ANY, PAID BY YOU TO VIAGO IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

10. Indemnification

You agree to indemnify, defend, and hold harmless Viago, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your cargo shipments or transportation services
• Any agreements made through the Platform

11. Privacy and Data Protection

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data collection and use practices.

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us. Termination does not relieve you of obligations incurred prior to termination.

12.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent or illegal activity
• Provision of false information
• Harm to other Users or the Platform
• Extended periods of inactivity

12.3 Effects of Termination

Upon termination, your right to use the Platform will immediately cease. We may delete your account and content. Provisions of these Terms that by their nature should survive termination shall survive, including ownership, warranty disclaimers, and limitations of liability.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Platform with a new "Last Updated" date. Your continued use of the Platform after such modifications constitutes your acceptance of the updated Terms.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Georgia, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of Tbilisi, Georgia, and you consent to personal jurisdiction in such courts.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Viago regarding the Platform and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

15.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

15.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, pandemic, natural disasters, or government actions.

16. Contact Information

If you have any questions about these Terms, please contact us at: