Legal Terms

Crab is an online application, owned and operated by Crab Technologies (“Crab” or “Company”), with the goal of creating efficiencies in the shipping industry. These General Terms and Conditions (“Terms”) are effective for all Users on Crab/with the Company on or after 1 April 2024 (the “Effective Date”).These terms and conditions of service (the “Terms & Conditions”) are provided by Crab, and constitute a legally valid and binding agreement between the Company and the User. The Terms & Conditions is an electronic record in terms of Information Technology Act, 2000 and rules thereunder, as applicable and the amended provisions pertaining to electronic records in various statutes, as amended from time to time by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 that requires publishing of the rules and regulations, Privacy Policy and Terms for access or usage of the Crab website [www.crab.global]. By choosing to Accept or by accessing and/or using the Services and/or the Products, the User acknowledges that he has read, understood and agreed to be bound by these Terms & Conditions. These Terms & Conditions are incorporated by reference into each purchase or order of the Products and/or Services placed by a User through the online Crab platform.

Unless otherwise agreed in writing by Crab, these Terms & Conditions expressly supersede any prior agreements or arrangements entered into between the Company and the UserThe Company may, at its sole discretion, amend or vary these Terms & Conditions from time to time without prior notice. Such amendments or variations shall be effective upon their publication and posting on Crab (crab.global). The User shall be deemed to have approved and accepted the amendments and variations to the Terms & Conditions by continuing to use the Services and/or the Products.

We encourage Users to review the Terms & Conditions each time they access the Website. If User does not agree to be so bound, the User should not access or use the website or make a purchase from Crab. By (i) using this website or any facility or Service provided by this website in any way; or (ii) merely by browsing the website, User agrees that they have read, understood and agreed to be bound, including without limitation, by these terms, the website, Privacy Policy and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions, for the purposes of accessing, browsing or transacting on the website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these terms.

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In the event the Company renders or supplies any additional services or products falling outside the scope of the Services or outside the range of the Products referred to in these Terms & Conditions, the terms & conditions set forth in such other document(s) shall expressly govern the provision and supply of those services and products.

Definitions
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In these Terms & Conditions, unless the context otherwise requires, the following terms shall have the meanings given to them hereunder:
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1. “Login Credentials” shall refer to the e-mail address/es and personal access code/s provided to the User by the Company and permitting the User to access such part of the Products and/or Services to which the User has subscribed.

2. “App” shall mean the online application (encompassing desktop and mobile) created by Crab which allows the User to register with Crab and use the Services.

3. “Listing” shall mean an electronically created announcement of cargo availability, generated from the Users or Partners.

4. “Offer” shall mean a price offer that the User submits against a listing.

5. “Fixture” shall mean that the Parties’ confirmation that the contract has been concluded and vessel has been fixed.

6. “Client” shall mean a Party which chooses to make use of any additional services or solutions provided by the Company, online or offline, and strategic alliance partners

7. “Company” shall mean Crab Technologies with the domain crab.global, a company existing under the laws of India. For the purposes of these Terms & Conditions, references to an affiliated entity shall be construed to include any business entity, which directly or indirectly, through one or more intermediaries, controls such other entity, is controlled by such other entity, or is under common control with such other entity.

8. “Contract” shall mean an automatically generated contract recapitulating the specific terms and conditions agreed to by the Users.

9. “Fees” shall mean both the Subscription Fee and the Contract Fee, as hereinafter defined.

10. “Partner” shall mean a person (individual or legal) or entity who chooses to take a stronger role in the Company’s daily activity, marketing and selling Crab’s services, bringing new Users to Crab and supporting the Company’s operations.

11. “Party” shall mean the Company, User, Client and/on the Partner.

12. “Product(s)” shall mean the various services available on crab.global and the App relating to shipping and transportation, statistics and analytics.

13. “Services” shall mean the provision of all the features and services listed and offered on the crab.global online portal and application, and also offline services offered by Crab

14. “User/s” shall mean a person (individual or legal), who receives Products and Services provided or rendered by the      Company, which Users shall include but not be limited to shippers, charterers, vessel owners/ operators, receivers, exporters, importers, traders,      producers, brokers, forwarders, agents, logistics companies, ports, shipping companies, surveyors, carriers, banks, financial services companies, underwriters, insurance companies and consultants. It is the responsibility of the User/s to provide a 
copy (-ies) of these Terms & Conditions to its principals, agents, representatives and employees, who use the Product(s) and Services during the course of their duties.

15. “Third Party” is any other company, party, organization or service provider who is directly or indirectly involved in online information flow, data-sourcing and/or operational activity of Crab.global

16. “Charter Party” a Shipping related contract form, either already available online, or added by Crab on demand of an individual User. Each Crab User/Party is free to negotiate and agree upon the individual Charter Party format and/or terms and conditions it      contains. Crab does not serve as a Party to negotiations, nor as a Party to the Charter Party and holds no liability or responsibility whatsoever regarding the same.

17. “Electronic Bill of Lading” is a document issued by a Carrier or Vessel Owner/ Operator, to acknowledge receipt of cargo for shipment. A Bill of Lading may be used for any type of carriage of goods, and serves as a proof of Shipment. Crab does not serve as a party to negotiations, nor as a Party to the Bill of Lading and holds no liability or responsibility whatsoever regarding the same.

18. “Crab Index” is an automatically generated Freight Index, based on the on-going freight rates in the market. It is only for understanding trends and shall not be relied upon for any business decisions. Crab holds no liability or responsibility whatsoever regarding the same.

19. “Offer” is an indicative or firm offer received from a Broker/Carrier/Vessel Owner/ Operator via Crab. Freight Offers are not considered Obligatory for acceptance by Cargo      Owners/Charterers/Brokers, but Brokers/Vessel Owners/Operators shall consider them as binding as per the validity provided. Crab holds no liability or responsibility whatsoever regarding the same.
20. “Time Charter (T/C) Offer” a firm bid or a Time Charter Offer received from a Carrier/Vessel Owner/Operator via Crab. TC Offers are not considered Obligatory for acceptance by Cargo Owners/Charterers/Brokers, but Brokers/Vessel Owners/Operators shall consider them as binding as per the validity provided.
21. “Listing Status”
Any listing submitted on Crab shall appear on the website and be visible to everyone. Its status changes automatically as per the state of the listing.
All the data contained in the Cargo description, including but not limited to Port of loading, Port of discharge, laycan, dimensions, weight, area, loading/discharge rates and other, will be used by other Users to submit an Offer, and also used by the Company for data analytics.

22. “Registration form” (or other appropriate term of your choice) is an online form which is filled in by the User(s) during registration, where they fill in their personal and corporate information.

Rules Of Electronic And Internet Service
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It is understood and accepted by the User that all information provided to the Company shall be received, processed, electronically filtered and transformed by the Company into either a Listing or an Offer or a Fixture and shall be openly published for the purposes of generating supply and demand, providing optimal solutions for the benefit of the Users. The User agrees that any User-related information which is sent to the Company and stored in the e-mail, listings, online or offline offers, or fixtures provided by the User shall be openly used on Crab.


The Company undertakes to use its best endeavors to process, interpret and translate the information provided to it by the User in the most efficient and meticulous manner, provided that the User expressly agrees that the Company shall not be held liable for any misrepresentation of information provided in a sub-standard or ambiguous manner. Any such errors may, however, be reported by the User to the Support service provided by the Company for immediate correction.

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The User agrees that it is solely responsible for any information or data provided to the Company. Information or data given to the Company must be true, legal, accurate, and non-fraudulent. The User agrees that it shall not, directly or indirectly, provide contact information or data to other Users for the purpose of bypassing the Subscription Fee payable to the Company. Information may not contain any viruses or other malware that may damage or interfere with the Company’s website and App.


The Company is primarily engaged by corporate entities and as such those Users are not data subjects. However, as part of such instructions, personal information may be provided to us (e.g. personal information relating to any of our corporate clients' or prospective clients' officers or personnel, any opponent or vendor or purchaser or personal information relating to their legal advisors or personnel, as relevant or similar).

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The User authorizes the Company to use the information supplied to it for the purposes of the performance of the Services as indicated in the Privacy Policy.The User/s agree that all terms and conditions forming part of any Contracts negotiated and entered into by any two (2) or more Users shall be treated as private and confidential, and shall bind only the contracting Users. The Company is not to be considered a party to the Contract and shall not be held liable or accountable for its terms and conditions, as well as for the performance of any of the obligations contained therein, and the credibility and liability of the contracting Users.It is agreed that the Parties shall not be held responsible or liable for any information sourced by any of its Users via e-mail, or data provided by the same on- or offline, as well as for the timing of its publishing and the availability on Crab.

Users shall take appropriate measures to protect their computers and/or system from any virus and/or malicious software received from the internet network. It is agreed that the Company shall not be responsible for any viruses which may be received by the User/s as a result of their use of the Company’s websites. The Company shall not be held liable or responsible for any claim arising as a result of the content appearing on other websites, which are led to by hypertext links, which appear on crab.global and the App, and are not in any way controlled by the Company.

Company As Broker

The Company and any of the Company’s group companies and their respective partners, officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, special, incidental, punitive, speculative or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the Company was advised of or should have known of the possibility of such losses or damages, regardless of whether the User brings an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Website or any event beyond the control of the Company).

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The User/s agree that the Company shall bear no liability or responsibility for the Contracts negotiated and/or concluded between the Users themselves inside or outside Crab. The Users expressly and irrevocably release and exonerate the Company, its officers, directors, agents, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, arising out of or in any way connected with any disputes which may arise between the Users.


In addition to this, it is expressly agreed that the Company shall bear no liability or responsibility for the validity or credibility of the information/description about cargoes, ships, ports, stevedoring companies and restrictions provided by its Users and the resulting statistics and analytics data, as well as all the data and information provided by the Users. Other than as expressly set forth in the Terms & Conditions, or any other written agreement with the User, the Company does not make any express or implied warranties, with respect to the product or services provided hereunder. Without limiting the foregoing, the products are sold “as is”, and the Company makes no warranties, expressed or implied, and the Parties expressly exclude all warranties including, but not limited to warranties of merchantability, fitness for a particular purpose, noninfringement and product quality. It is also understood and agreed that all services are provided by the Company in good faith and purely on the basis of the information made available to the Company by the User. The Company relies on publicly available and User-generated information available at the time of last update.

The User agrees to indemnify, defend, and hold the Company, their group companies and their respective affiliates, directors, partners, officers, employees, harmless from and against any and all claims, damages, losses, costs including attorney’s fees, and other expenses that may arise directly or indirectly out of or from (a) the User’s breach of these Terms & Conditions ; and/or (b) the User’s activities in connection with the Website and/or the Products or Services which are in violation of the applicable Indian laws.

Liability

‍The Company and any of the Company’s group companies and their respective partners, officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, special, incidental, punitive, speculative or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the Company was advised of or should have known of the possibility of such losses or damages, regardless of whether the User brings an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Website or any event beyond the control of the Company).

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The User/s agree that the Company shall bear no liability or responsibility for the Contracts negotiated and/or concluded between the Users themselves inside or outside Crab. The Users expressly and irrevocably release and exonerate the Company, its officers, directors, agents, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, arising out of or in any way connected with any disputes which may arise between the Users.

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In addition to this, it is expressly agreed that the Company shall bear no liability or responsibility for the validity or credibility of the information/description about cargoes, ships, ports, stevedoring companies and restrictions provided by its Users and the resulting statistics and analytics data, as well as all the data and information provided by the Users .Other than as expressly set forth in the Terms & Conditions, or any other written agreement with the User, the Company does not make any express or implied warranties, with respect to the product or services provided hereunder. Without limiting the foregoing, the products are sold “as is”, and the Company makes no warranties, expressed or implied, and the Parties expressly exclude all warranties including, but not limited to warranties of merchantability, fitness for a particular purpose, noninfringement and product quality .It is also understood and agreed that all services are provided by the Company in good faith and purely on the basis of the information made available to the Company by the User. The Company relies on publicly available and User-generated information available at the time of last update.

The User agrees to indemnify, defend, and hold the Company, their group companies and their respective affiliates, directors, partners, officers, employees, harmless from and against any and all claims, damages, losses, costs including attorney’s fees, and other expenses that may arise directly or indirectly out of or from (a) the User’s breach of these Terms & Conditions ; and/or (b) the User’s activities in connection with the Website and/or the Products or Services which are in violation of the applicable Indian laws.
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Copyright and Intellectual Property

The Company declares that it is the owner of the logos, trademarks and any distinctive signs shown on its website and App, together with the software, and any upgrades or developments, which have been developed in their pursuance (the “Intellectual Property Rights”). The User agrees not to infringe nor violate any of the Intellectual Property Rights of the Company, in any form whatsoever. Any information stored on the servers of the Company and comprising its databases is legally protected, and the User shall not, at any time, directly or indirectly (i) extract, copy, re-use, store, reproduce, modify, forward, or create derivative works of such information in whole or in part; (ii) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source codes of the Website or any of the information stored on the servers of the Company; or (iii) use the Website or the product or services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law. The User shall promptly inform the Company if the User becomes aware of any infringement of the Company’s Intellectual Property rights by any person.

Crab Services

The Services offered by the Company include but shall not be limited to the services offered on crab.global. Users and/or Clients are requested to report on any errors or suggestions to hello@crab.global

Third Party Content

The Company has the right and may use third party content or connected supplementary service provided by third parties, to which the Users and Clients shall be granted complete access. Third party content may also be inserted or added unilaterally by the Third Parties. Such content is double- checked by the Company to avoid possible misuse or violations. However, the Company does not bear any responsibility in relation to the authenticity, truthfulness or accuracy of Third Party Content.


The Company may require the Client and/or Users to agree to the licensing terms and conditions imposed by the Third Party before granting access and/or use of the Third Party content to the relevant Client/s and/or User/s. The Client’s and/or User/s agree that any Third Party content shall not be copied, forwarded, multiplied or misused by the Client/s and/or User/s. The User/s and/or the Client/s who are reasonably suspected or who are found guilty of such actions may be blocked access to the Company’s website and App. The Client/s and/or User/s agree not to infringe or violate any of the Intellectual Property Rights belonging to any Third Party, in any form whatsoever.


The Client and/or User undertake that they will indemnify the Company and keep the Company fully indemnified against all actions, claims, proceedings, costs and damages and all legal costs or other expenses arising out of any breach of the above mentioned terms, or out of any claim by a Third Party based on any facts which if substantiated would constitute such a breach.

Company Subscription

In consideration for the Products and Services offered, the User/s undertake to pay to the Company the subscription fee (the “Subscription Fee”) applicable at the time of subscription, as per plans available on crab.global.


The Company shall further provide analytic and relevant information services, which shall be offered as a separate service and for which additional fees may apply .Failure to pay either the Subscription Fee or the Contract Fee may result in: (i) the termination of the Company’s cooperation/provision of the Services to the User/s and/or Client/s, (ii) reporting such Client/s and/or User/s as blacklisted and (iii) taking legal action against the Client/s and/or User/s in accordance with applicable law. Upon termination of the present Agreement for any reason whatsoever, User/s and/or the Client/s shall remain liable for any and all sums (including but not limited to the Subscription Fee and the Contract Fee) due up to and including the effective date of the termination.

In the event of any payment due by the User/s and/or Client/s not being made to the Company in relation to the Services to which the User/s and/or Client/s have subscribed, interest at the highest rate allowed by the applicable law shall be payable on the amount due.

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The Subscription Fee is payable in advance and, unless the subscription is canceled beforehand in accordance with the provisions of the Termination clause, subscription renewal fees shall automatically be charged to a User's credit or debit card without prior notification. Until such time as this Agreement is canceled the User expressly authorizes the Company to charge the User any Subscription Fees which may fall due from time to time.


Any User may cancel his or her subscription at any time in line with the provisions of the Termination clause contained in this Agreement. Any Fees paid before cancellation will not be refunded for any reason whatsoever. The User assumes responsibility for all actions taken or payments made with its username and password. The User agrees and understands that the Company is not responsible for any monetary or other disputes that arise between the Users - it is the responsibility of the relevant Users to resolve all monetary disputes, damage claims, breach of contract claims and similar claims that may arise between them and the Users undertake not to summon the Company as a party to any such disputes or claims.

Security

When processing a payment of any Fees due to the Company in terms of this Agreement, the details submitted by the User will be provided directly to the payment provider chosen by the Company via a secure connection. The Company uses industry standard practices to safeguard personal information. The Company utilizes several different security techniques to protect data from unauthorized access, but cannot guarantee the security of its system and, moreover, cannot guarantee uninterrupted or secure access to its system, as the operation of its website and/or App can be interrupted by numerous factors outside of its control. The User exonerates the Company from any liability or responsibility, in contract or in tort, arising from any breach of security of the payment systems it utilizes, unless such breach is caused by the willful misconduct or negligence of the Company.

Online Assistance
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The Company shall make available to the User/s a one-time online personal presentation and/or demonstration to each new User, upon demand, which is designed to help each new User discover the scope of services and possibilities offered by the Company.


The Company shall make available to the User/s a one-time online personal presentation and/or demonstration to each new User, upon demand, which is designed to help each new User discover the scope of services and possibilities offered by the Company.
Such assistance and training shall be rendered by the Company and they can access this personal presentation and/or explanation either via the website or by email to hello@crab.global