Terms and Conditions

1. Website usage

The Site functions as an information channel for users (site visitors) and customers about all operations of OnBoard Logistics. The user or customer agrees to read the terms and conditions set forth herein and acknowledges that entering their personal information is done voluntarily. Those who access the Site do so on their own initiative and are responsible for compliance with local laws, to the extent that such laws are applicable in their respective country.

This Site is not intended for minors, and the information contained is exclusively related to the operations of OnBoard Logistics. If the Site is accessed by minors, they must be supervised by an adult at all times. If this condition is not met, we kindly ask you not to use the Site.

2. Use and restrictions

The user understands and agrees that the information contained on the Site relates to the commercial or contractual operation with OnBoard Logistics. Response times, procedures and other requests made through the Site will be processed in accordance with the specifications of each service, functionality or country. The user accepts that electronic records generated from activities carried out on the Site constitute full acceptance of these terms.

OnBoard Logistics has the right to deny, restrict or condition the user and/or client access to the Site, in whole or in part, at its sole discretion, as well as to modify the services and contents of the Site at any time and without prior notice.

The user and/or client may not use the Site to infringe the laws of the place where the services are used, carry out hacking activities, develop mechanisms intended to defraud OnBoard Logistics or third parties, interfere with the proper functioning of the Site, or post false, inaccurate, incomplete or misleading information. It is prohibited to violate or attempt to violate the security of the Site, access information or accounts without authorization, test the vulnerability of a system or network without proper authorization, or interfere with the services provided to other users, including the sending of viruses. Violating any system or network security may result in civil and criminal liability.

3. User obligations

The user agrees to use the Site and its contents in a diligent, correct and lawful manner. In particular, the user agrees not to reproduce, copy, distribute, transform or modify the contents of the Site by any procedure or on any medium, in whole or in part; not to use them in any way that poses a risk of damage to the application, the contents or third parties; not to remove or manipulate copyright notices or technical protection devices; not to use information obtained through the Site for direct sale or any other unauthorized commercial purpose; and not to allow third parties to use assigned access credentials.

4. Intellectual property and permitted uses

All computer, graphic, advertising, photographic, multimedia, audiovisual and design materials, as well as all contents, texts and databases made available on the Site, are protected by copyright and/or industrial property rights owned by OnBoard Logistics, its affiliated or subsidiary offices or, in some cases, third parties who have authorized their use. The user and/or client does not acquire any intellectual property rights by the mere use of the services and contents of the Site.

Any copying, reproduction, modification, creation of derivative works, sale, distribution or display of the contents of this Site, in any manner or by any means, is prohibited without prior written permission from OnBoard Logistics or the owner of the respective rights. The user or client may read, view, print and download the material according to their operations.

The trademarks, service marks and logos displayed on the Site belong to OnBoard Logistics. Third-party trademarks are used solely to identify the products and services of their respective owners, and no sponsorship or endorsement by OnBoard Logistics should be inferred.

5. Third-party links and applications

Links to social networks and other third-party sites on this Site may display content that is not under the control of OnBoard Logistics. OnBoard Logistics accepts no responsibility for the content of linked third-party sites and offers no warranty, explicit or implicit, regarding the information on those sites. Users and clients should review the terms, conditions and privacy policies of those sites. OnBoard Logistics assumes no liability for direct, indirect or consequential loss arising from the use of a third-party site.

6. Use of information and privacy

By accessing the Site, you accept and authorize OnBoard Logistics to use your data as data controller for purposes related to the company operations. OnBoard Logistics may transfer and/or transmit your personal data within and outside the country to any member company of OnBoard Logistics, as well as to third parties as a result of a contract, law or lawful relationship that requires it. Details of how personal data is processed can be found in our Personal Data Processing Policy, published in the Policies section of this Site.

7. Scope of services

OnBoard Logistics provides services as an international freight forwarder and logistics intermediary. Unless expressly agreed otherwise, OnBoard Logistics acts as agent of the customer, coordinating and contracting on their behalf air, ocean and ground transportation, customs brokerage, warehousing and related services with carriers, operators and other third parties selected with reasonable professional care. OnBoard Logistics is not the actual carrier of the cargo unless this is expressly stated in the transport document issued for the operation.

The services of each operation are governed, in addition to these terms, by the specific conditions agreed in the quotation, the service order and the applicable transport documents, as well as by the conditions of the actual carriers and other third parties involved in the logistics chain.

8. Quotes, rates and surcharges

Quotations issued by OnBoard Logistics are valid for the period stated in each document and, in the absence of any indication, are deemed valid for fifteen (15) calendar days from issuance. Quoted rates are based on the information provided by the customer regarding weight, volume, nature of the cargo, origin, destination and conditions of the operation; any difference against the actual cargo may result in re-invoicing.

Rates are subject to surcharges applied by carriers, ports, airports, authorities and other third parties, including among others fuel, security, peak season, congestion and exchange rate surcharges, which may be passed on to the customer even after the quotation has been accepted when imposed by such third parties. Taxes, duties, inspections, storage, demurrage and expenses not expressly included in the quotation are for the account of the customer.

9. Limitation of liability

OnBoard Logistics will perform its services with the professional diligence expected of an international freight forwarder. To the maximum extent permitted by applicable law, the liability of OnBoard Logistics for loss, damage or delay of cargo is limited in accordance with the international conventions and regimes governing each mode of transport: the Warsaw Convention or the Montreal Convention for air transport, the Hague-Visby Rules for ocean transport, and the national or conventional regimes analogous to the CMR Convention for ground transport.

Where OnBoard Logistics acts as agent, its liability is limited to the diligent selection of the third parties engaged, and claims arising from acts attributable to the actual carrier or other third parties are subject to the conditions and liability limits of those third parties. In no event shall OnBoard Logistics be liable for indirect or consequential losses, loss of profit, loss of market or damages arising from delays, except where applicable law mandatorily provides otherwise.

10. Cargo insurance

Insuring the cargo is the responsibility of the customer or the owner of the goods, unless the customer expressly contracts insurance arrangements in writing through OnBoard Logistics. Transportation rates do not include cargo insurance. We recommend that our customers take out a cargo insurance policy for the full value of the goods for each operation. Where insurance is contracted through OnBoard Logistics, coverage will be governed by the terms and conditions of the policy issued by the insurer.

11. Cargo declaration and dangerous goods

The customer warrants that all information provided about the cargo, including description, weight, volume, value, tariff classification, marks and supporting documentation, is accurate, complete and truthful. The customer will be liable to OnBoard Logistics and to third parties for fines, penalties, delays, damages and losses arising from inaccurate, incomplete or false declarations, as well as from inadequate packaging.

Dangerous goods may only be tendered for transport upon prior express written declaration of their nature, with the classification, packaging, labeling and documentation required by the applicable regulations (including IATA, IMDG and other national and international rules). The customer is responsible for all damages and losses arising from breach of these obligations, including the undeclared tender of dangerous, restricted or prohibited goods.

12. Force majeure

OnBoard Logistics shall not be liable for failures or delays caused by circumstances beyond its reasonable control, including, among others, acts of God or force majeure, natural disasters, extreme weather conditions, war, acts of terrorism, riots, strikes and labor disputes, port or airport congestion, acts or omissions of authorities, border closures, epidemics, failures of third-party carriers and widespread system or communications failures. In such events, OnBoard Logistics will seek to mitigate the effects on the operation and will inform the customer in a timely manner.

13. Payment terms and lien on cargo

The customer shall pay for the services in the currency, terms and conditions agreed in the quotation or the corresponding commercial agreement. Late payment will accrue default interest as permitted by applicable law and will entitle OnBoard Logistics to suspend pending services. The customer may not deduct or set off against OnBoard Logistics invoices any amounts subject to a claim while that claim remains unresolved.

To the extent permitted by applicable law, OnBoard Logistics shall have a lien on the cargo, documents and property of the customer in its possession or under its control, as security for all amounts due and payable by the customer, and may retain them until such amounts are paid in full.

14. Claims and notice periods

Any visible loss or damage to the cargo must be noted at the time of delivery and notified to OnBoard Logistics in writing immediately. Non-visible loss or damage must be notified in writing within three (3) business days following delivery. Claims for delay must be submitted within fourteen (14) days from the date the cargo was, or should have been, placed at the disposal of the consignee.

The above periods are without prejudice to the stricter notice and time-bar periods provided in the applicable international conventions and in the conditions of the actual carriers, which shall prevail where mandatory. Failure to give timely notice may affect the viability of the claim against the responsible third parties.

15. Site availability and security

OnBoard Logistics will seek to ensure the availability, continuity and proper functioning of the Site, and may block, interrupt or restrict access when deemed necessary to improve the application or to take it offline. OnBoard Logistics is committed to protecting the security of your personal information and has implemented security mechanisms that ensure its protection, access only by authorized personnel and systems, and defense against loss, misuse and alteration of your data under our control.

OnBoard Logistics may collect IP addresses for system administration purposes and to audit the use of the Site. We do not link a user IP address with that user personal information, meaning each session is recorded but the user remains anonymous. However, we may use IP addresses to identify users when necessary to enforce compliance with these terms or to protect our service, the Site or other users.

16. Governing law and jurisdiction

For the interpretation, compliance and enforcement of these terms and conditions, the parties agree that the laws in force in the countries where OnBoard Logistics has a physical presence through its offices and employees will apply. Each operation will be governed by the law of the country of the OnBoard Logistics office that contracts or coordinates the service, and disputes will be submitted to the competent courts of that country, unless otherwise agreed or mandated by applicable law.

17. Modifications

OnBoard Logistics has the right to modify these terms and conditions at any time. Modifications take effect upon publication on the Site. Consequently, the user and/or client must carefully read the terms and conditions each time they intend to use the Site or contract a service. Use of the Site after a modification constitutes acceptance of the version in force.

18. Relationship with operation-specific conditions

These terms and conditions complement and do not replace the operation-specific conditions contained in the quotations, service orders, contracts and transport documents issued for each shipment. In the event of conflict, the specific conditions agreed for the operation and the mandatory rules of the applicable international conventions shall prevail.

19. Express acceptance and binding agreement

By checking the acceptance box and/or by submitting any request, quote, or form through the Site, the user declares that they have read, understood, and expressly, freely, and knowingly accepted these Terms and Conditions, which constitute a binding and enforceable agreement between the user and OnBoard Logistics. The user represents that they have the legal capacity to be bound and that, where acting on behalf of a legal entity, they have sufficient authority and power to bind it. The electronic record of such acceptance, including the date, time, and session data, constitutes sufficient and valid evidence of the consent given. If the user does not agree to all of these Terms, they must refrain from checking the box, from submitting their data, and from using the services.

20. Disclaimer of warranties

The Site, its contents, and the information, quotes, and estimates provided through it are offered 'as is' and 'as available', without warranties of any kind, whether express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, accuracy, completeness, uninterrupted availability, or freedom from error. Quotes and published information are provided for informational and indicative purposes only, do not constitute a binding offer, and do not replace the contract of carriage, the service order, or the definitive documents of each operation. OnBoard Logistics does not warrant transit times, space or capacity availability, or any specific outcome, all of which depend on third parties beyond its control.

21. Exclusion of damages and aggregate liability cap

To the maximum extent permitted by applicable law, and without prejudice to the mandatory limits set out in the Limitation of liability clause and in the international conventions, the total and aggregate liability of OnBoard Logistics to the user or client for any claim relating to an operation shall not exceed the lesser of (i) the mandatory limit applicable under the relevant transport regime and (ii) the amount of the fees actually received by OnBoard Logistics for the specific service giving rise to the claim. In no event shall OnBoard Logistics, its affiliated offices, subsidiaries, parent companies, directors, employees, agents, or representatives be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages of any nature, nor for loss of profit, revenue, business, goodwill, reputation, data, or opportunity, even if advised of the possibility of such damages and regardless of the legal theory on which the claim is based. Use of the Site and engagement of the services are undertaken at the user's own risk.

22. Client indemnification

The user or client shall indemnify, defend, and hold harmless OnBoard Logistics, its affiliated offices, subsidiaries, parent companies, directors, employees, agents, and representatives from and against any claim, demand, action, investigation, fine, penalty, loss, damage, liability, cost, or expense of any nature (including reasonable attorneys' fees and costs) arising out of or relating to: (i) breach of these Terms or of the conditions of any operation; (ii) inaccurate, incomplete, outdated, or false information provided by the user; (iii) the packaging, description, classification, value, or contents of the cargo, including the undeclared or improperly declared tender of dangerous, restricted, or prohibited goods; (iv) violation of any law, regulation, sanction, export control, or third-party right; and (v) misuse or unauthorized use of the Site.

23. Time bar and lapse of actions

Without prejudice to the mandatory notice and limitation periods provided in the applicable international conventions and in the conditions of the actual carriers, any action, suit, or claim, whether judicial or arbitral, against OnBoard Logistics arising out of or relating to an operation, a service, or the use of the Site must be filed and commenced within nine (9) months from the date of delivery of the cargo or, where the cargo has not been delivered, from the date on which it should have been delivered or on which the event giving rise to the claim occurred. Upon expiry of that period without the action having been commenced, OnBoard Logistics shall be automatically discharged from all liability, and the action shall be deemed lapsed, extinguished, and time-barred to the maximum extent permitted by applicable law.

24. General provisions

If any provision of these Terms is held to be void, invalid, illegal, or unenforceable by a competent authority, such provision shall be construed and adjusted to the minimum extent necessary to render it valid and enforceable and, where that is not possible, it shall be deemed severed, without affecting the validity, legality, and enforceability of the remaining provisions, which shall remain in full force and effect. Any forbearance, delay, or failure by OnBoard Logistics to exercise any right, action, or power shall not constitute a waiver thereof. The user may not assign or transfer their rights or obligations without OnBoard Logistics' prior written consent; OnBoard Logistics may assign or transfer them to any company within its group. These Terms, together with the specific conditions of each operation and the policies published on the Site, constitute the entire agreement between the parties with respect to their subject matter and prevail over any prior agreement or communication. Clause headings are for reference only and do not affect interpretation. In the event of any discrepancy between the different language versions of these Terms, the Spanish version shall prevail.