FREIGHT MIDPOINT INTERNATIONAL FORWARDERS NETWORK is a non-exclusive network group of freight forwarders and international logistics companies that is managed and operated by INO Uluslararasi Nakliye Organizasyon Ltd. Sti., which has its principal place of business at Mansuroglu Mah. 1593/1 Sk. Lider Centrio C Blok No: 6 Kat: 4 Daire: 33 35535 Bayraklı Izmir, TÜRKİYE. The FREIGHT MIDPOINT INTERNATIONAL FORWARDERS NETWORK’s website is www.freightmidpoint.com.
The following definitions apply in these Terms and Conditions:
A) Management: INO ULUSLARARASI NAKLIYE ORGANIZASYON LTD. STI.
B) FM: Freight Midpoint International Forwarders Network.
C) Membership: The period of time that an entity is a Member.
D) Member: Any entity who is registered as a Regular or Premium member of the FM.
E) AGM: Annual General Meeting or Annual Conference or any similar event held as part of a summit event held by Management.
F) PPP: The Payment Protection Program administered by Management from time to time referred to as “INO Global Protection”.
G) FEE: The payments payable by Members to Management.
H) Database: The database and other records that are created and maintained by Management which include information and data provided by Members including but not limited to contact details, email addresses, logos and business information of any kind.
I) Services: The services provided by FM set out in the literature provided with these Terms and Conditions.
J) Terms and Conditions: These terms and conditions as amended by Management from time to time and any other rules, policies, procedures or regulations that Management may communicate to Members from time to time.
K) Website: www.freightmidpoint.com or any other website designated by Management from time to time.
2. SERVICE AVAILABILITY
2.1 FM reserves the right to make changes and updates to the information contained on its Website or its configuration or presentation at any time without prior notification.
2.2 FM does not give any guarantees, warranties or make any representations as to the availability, performance and continuity of the Website or the Services. Where it is reasonably practicable, Management will use reasonable endeavours to provide advance notice of any interruption in the operation of the Website or Services. Time shall not be of the essence for the performance of the Services.
3. AIMS AND OBJECTIVES
3.1 These Terms and Conditions apply to the Membership contract between FM and Member and govern the Membership of Members to the exclusion of any other terms that the Member may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3.2 These Terms and Conditions also set out the minimum requirements and responsibilities that apply between Members.
3.3 Members shall actively co-operate in international freight forwarding and logistics services for shipments moving between their respective countries.
The aims and objectives of the FM are:
3.3.1 To gather and represent international freight forwarders, shipping and logistics companies.
3.3.2 To promote Members and provide business opportunities to Members.
3.3.3 To help connecting new business partners to Members from different countries.
3.3.4 To help Members source reliable and experienced agents from all over the world.
3.3.5 To provide guidance to Members regarding best industry practice.
3.4 Management does not give any guarantees, warranties or make any representations as to the amount of business or revenue that may arise from Membership of FM. Where Management and/or FM promotes or recommends a Member or any other service provider, such promotion or recommendation is made as a gesture of goodwill only and Management and FM shall not in any circumstances have any responsibility or liability for the performance of any services performed by any such Member or service provider engaged by a Member following such promotion or recommendation.
3.5 Any information, guidance or advice provided by Management of FM are for general information purposes only and is not intended to constitute professional advice and should not be relied on by Members as a substitute for specific advice relevant to particular circumstances. Management and FM make no warranties or representations regarding the quality, accuracy, completeness or fitness for purpose of the content of its Website or literature or any other information provided.
4. OWNERSHIP OF DATABASE
4.1 Member agrees that the data or information submitted by a Member to FM becomes part of Management’s Database and consents to Management storing, distributing, using and processing such data or information for all purposes in relation to the operation and management of FM. Member acknowledges and agrees that Management owns the Database, the compilation of all Members’ data set forth in the Database, all forms distributed by Management for use by its Members and all reports generated by Management.
4.2 Member agrees that it will not contest Management’s ownership of the Database or the compilation of data set forth therein, forms or reports produced by Management, or Management’s sole right to any copyright interests in the Database, forms or reports.
4.3 Member shall ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of any data or information to Management or FM.
5. MEMBERSHIP BENEFITS
5.1 Member is entitled to the usual privileges incident to membership in FM from time to time, including announcements, newsletters and the opportunity to attend AGM. Members may be eligible to have benefits of PPP as stated in section 19.
5.2 Member is allowed to use FM logo on its website, emails, printed documents, business cards and promotional materials during its Membership.
5.3 Member is eligible to be listed on FM online members directory at www.freightmidpoint.com with its company name and address, logo, contact persons’ details and introduction text or company biography.
5.4 Member will be provided with access to the members only area and/or social platform of the FM to share information and ideas with other Members (if available).
5.5 Member works with other Members based on Terms and Conditions which aim to provide the highest level of standards.
6.1 Membership is annual and is valid for twelve consecutive months from the day of joining and shall be renewed for further 12 month periods.
6.2 Regular membership level excludes PPP. The current Membership fee for regular membership level is USD 250 per year for head office or 1st office.
6.3 Premium membership level includes PPP. An additional fee is required to be paid to enroll on the PPP as indicated in section 19.
6.4 The Membership fee for a branch office of an existing Member is currently USD 150 per year per branch office for regular membership level. An additional fee is required to be paid for each branch office to enroll on the PPP as indicated in section 19.
6.5 As well as the Membership fee, a joining fee of USD 250 is payable upon joining the network.
6.6 Member shall settle Management invoices in full and without deduction of bank or any other charges or amounts. Members shall also remain responsible for their own bank or transfer charges. On all bank transfers, Members agree to pay a USD 50.00 bank processing fee on top of the relevant fees payable.
6.7 Management reserves the right to suspend any membership until all payments are received in full. In the event that payment is not received within 30 days of billing or prior to the annual membership expiry date, a USD 150 surcharge shall be applied and the Member shall be considered in default and membership revoked if full payment (inclusive of the surcharge) is not received within next ten (10) working days.
6.8 Fees are non-refundable and non-transferable to any party under any circumstances. Management reserves the right to increase any applicable fees from time to time.
7.1 Member hereby agrees to indemnify and hold harmless Management and each of its directors, officers, employees and agents from all litigation, damages, claims, settlement payments, liabilities, actions, causes of actions, penalties, and reasonable costs or expenses (including attorneys' fees and expenses), incurred, suffered, sustained by reason of, or resulting from, a claim by any third party based upon an implied or express allegation that (a) any representation or warranty made by Member was not correct or accurate, or (b) Member has breached any provision of these Terms and Conditions.
8. TERMINATION AND REVOCATION OF MEMBERSHIP
8.1 Member can terminate Membership at any time by providing notice to management in writing. Fees are not refunded in any circumstances.
8.2 Any Member who wishes to resign from FM must notify Management of these intentions at least two months prior to the membership expiry date otherwise the Membership will automatically renew for a further 12 month period and the current applicable fees must be paid by Member.
8.3 Management has the right and the authority to terminate any Member’s Membership without cause. Fees will not be refunded under any circumstances. Management is not bound to publish or otherwise communicate the reasons for the termination of the Member’s Membership. Member does not have any right to appeal if its membership is terminated.
8.4 Management may terminate the Membership in case of:
8.4.1 Non payment of the annual membership fee or any other fees, providing false information or incurring bad debts(s) with other Member(s);
8.4.2 Receipt of three claims or complaints or negative feedback by other Members in a consecutive 12 month period;
8.4.3 Usage of the online or excel members directory for any other purpose other than in relation to Membership with FM or disclosure of the information contained therein to a third party;
8.4.4 Soliciting any other FM Member for the purpose of having that member join any another forwarder or logistics network.
8.4.5 Committing a material breach (or a series of breaches that amount to a material breach) of these Terms and Conditions; or
8.4.6 In Management’s view, continued membership risks bringing FM into disrepute in any way.
8.5 In the event of termination of a Member’s Membership for whatever reason, the following provisions apply:
8.5.1 Member must immediately remove FM’s logo from its website, emails and printed documents once its membership is terminated.
8.5.2 FM cannot be used as reference in business in the case of membership termination.
8.5.3 At the sole discretion of Management, the Member may be permanently blacklisted and prevented from re-joining FM.
8.5.4 Member shall not have any right to request that its name, data or information is removed from the Website or FM’s literature.
8.5.5 Any fees paid by the Member to Management shall not be returned in any event. Any fees due at the time of termination of the Member’s Membership shall remain due and payable.
8.6 Members agree not to have any business dealings with expelled and/or blacklisted ex-Members, otherwise Management shall have the right to terminate such Member’s Membership.
8.7 Management may, but shall not be obligated, to update and inform other Members about the reason of membership termination of a Member. Dismissal of FM Members for financial reasons will be broadcasted to all members for their financial protection.
8.8 Regardless of the manner of termination of membership, the provisions contained in sections 4, 7, 10, 15, 16 and 20 of these Terms and Conditions shall survive termination or expiration of Membership.
9.1 Member must have internet access, e-mail capability and an operational website, all of which must be fully protected by anti-virus software.
9.2 Member must inform Management about any updates and changes in its company and/or contact details.
9.3 Member shall use English as the communication language in all emails and correspondence with Management and other Members (unless otherwise agreed).
9.4 Member should have in their office at all times a minimum of one person to handle communications who has an internationally acceptable standard of spoken and written English.
9.5 Member automatically gives permission to Management to use any material for promotion by submitting company news, photos, logos or press releases.
9.6 Member is invited to use FM logo on letterheads, business cards and its website during Membership.
9.7 Member agrees to report any displeasure regarding communication with other FM members.
9.8 Member agrees to respond all sales lead requests and communications within 48 hours.
9.9 If bilateral agency contracts are required by FM members as a condition of working with other members, this should be clearly stated in initial quotations to other FM members. In case of any dispute between Members who enter into bilateral agency agreements, disputes shall be resolved in accordance with these Terms and Conditions.
9.10 Subject lines of all emails sent by a Member to other Members must begin with the word “FM-Member” and then follow by the message subject.
9.11 Routing orders to FM Members should clearly state that the routing order is from a FM Member to avoid confusion.
9.12 Subject lines of all emails sent by FM Management to Members may begin with the word “FM-HQ” and then follow by the message subject.
10. LEGAL LIABILITY
10.1 Management does not exclude or limit its liability for:
10.1.1 death or personal injury caused by the negligence of Management or its agents, servants, employees or subcontractors;
10.1.2 such other liability that Management cannot exclude by law.
10.2 To the extent permitted by law and except as set out in these Terms and Conditions, Management excludes all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to membership and any benefits that Management or its subcontractors may provide.
10.3 Management does not accept any liability whether in contract, tort (including negligence), breach of statutory duty or otherwise for damage to, or loss of, a Member’s personal belongings whilst Members attend any premises of Management or any event organised by Management howsoever caused. Members shall attend the premises of Management and participate in any events or activities organised by Management at their own risk and Management shall have no responsibility for the health or safety of Member’s personnel.
10.4 Management will have no liability to Member, whether in contract, tort (including negligence), breach of statutory duty, or otherwise for any:
10.4.1 indirect or consequential loss or damage;
10.4.2 loss of data or record;
10.4.3 loss of profit or money;
10.4.4 loss of revenue or business
(whether direct or indirect), however caused, even if foreseeable.
10.5 Subject to as otherwise provided for in this clause 10, and without prejudice to the exclusions of or limits of liability contained elsewhere in these Terms and Conditions, Management’s total maximum liability to each Member in respect of all losses and liabilities arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the membership fee that Member paid in the 12 months preceding any claim.
10.6 The limitations and exclusions in this clause 10 only apply to the extent permitted by applicable law.
10.7 Member accepts that the governing law of FM shall be that of the Turkish Republic.
10.8 Member irrevocably agrees that the courts of the Turkish Republic shall be exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions, use of website www.freightmidpoint.com and any other information.
10.9 Member accepts that Management cannot be held responsible for any errors, omissions, unpaid invoice(s), misunderstandings or claims arising from these Terms and Conditions.
11. FUTURE MEMBERSHIP AGREEMENTS, TERMS AND CONDITIONS
11.1 Member acknowledges and agrees that, as a condition of its continued membership of FM, Management shall have the right to revise its standard membership agreement, Terms and Conditions and require Member to enter into the then-current version of membership agreement, terms and conditions.
11.2 Each time Member renews its membership, it will be deemed to accept the prevailing Terms and Conditions.
12. RETROACTIVE APPLICATION
12.1 In the event that a Member has participated as a member of FM prior to the date of such Member formally entering into an agreement for Membership with Management, Member agrees that all provisions of these Terms and Conditions shall apply to its participation in FM during such prior period.
13. OPERATIONAL, DOCUMENTATION, SALES AND MARKETING REQUIREMENTS
13.1 Member agrees to exchange only real net/net charges and rates.
13.2 Free hand shipments are handled as free of charge unless otherwise agreed.
13.3 Handling fees and profit shares must be mentioned and agreed between members prior to bookings.
13.4 In free hand shipments, cargo origin Member (export representative) should get the approval of destination Member (import representative) prior to the commencement of any shipment. Consignee should provide detailed information about the prevailing customs clearance regulation, documentation requirements and any other conditions of its country.
13.5 Cargo origin Member should obtain confirmation from destination Member for documents such as MBL/HBL, MAWB/HAWB, CMR, ATR, Certificate of Origin that the prepared documents match with destination country’s requirements and regulations.
13.6 Destination Member should check draft documents, request modification if needed and confirm documents to the cargo origin Member before vessel sailing or flight/truck departure. After draft documents are approved by destination agent, documentation is under destination Member’s responsibility.
13.7 Documents such as CMR, MBL/HBL and MAWB/HAWB must be prepared in accordance with destination Member’s instructions. Members should agree on documentation prior to vessel, flight or truck departure.
13.8 Destination Member is responsible for collection of the original bill Of lading issued by the other party and all freight charges in freight collect shipments before releasing cargo to consignee (unless otherwise agreed).
13.9 Destination Member must send “Arrival Notices” to consignee and/or notify party on HBL, HAWB, CMR and communicate with them to ensure a smooth delivery. Ocean carrier’s B/L cannot be released to any third party.
13.10 Cargo originating Member must send Pre-Alert message by e-mail or fax with CMR, MBL/HBL and MAWB/HAWB copies via email to destination Member.
13.11 A Pre-Alert message must be sent by email or fax to destination Member in maximum 24 hours after the vessel has sailed and in maximum of 18 hours after flight and truck departure.
13.12 When HAWB/HBL is issued on C.O.D. basis (Cash On Delivery) to the consignee, the import representative is required to collect the exact payment before releasing the shipment. The collected amount must be remitted to the export representative within the agreed duration. In case of any violation or mishandling of this provision, the shipment-releasing party will be held responsible for the consequences of such failure and shall be liable for any losses, costs and liabilities incurred as a result.
13.13 In the event that the consignee (customer at destination) does not take control of its shipment immediately or refuses to accept it for any reason, destination Member (import representative) will immediately notify the cargo origin Member (export representative) and wait for instructions (for example: disposal, salvage sale etc.).
13.14 Both parties shall promptly follow up and reply to all requests for proof of delivery and all other communications requested by the other party. Both parties will investigate all claims pertaining to their respective service areas for loss of or damage to cargo.
13.15 Member agrees to continuously participate in sales, networking and marketing, including providing sales leads and reports, and actively engage in mutual promotions of joint services within its respective country.
13.16 A Member receiving a sales lead will acknowledge receipt on the same day. Within five working days the receiving member will contact the customer, visit the customer if necessary and notify the sending member of the status of the sales lead.
13.17 All quotations must show; a) the prices offered by at least two different carriers; b) transit time; c) route; d) airline/shipping line; e) delivery term/incoterms f) payment term.
13.18 Any applicable surcharges such as BAF, CAF, Fuel, Security, Congestion, War Risk or any other similar charges will be the those valid at the time of shipment.
13.19 The contracting party must be notified of any additional cost that may arise and be asked to approve them. No Member may charge for services not specified in the quotation or apply extra charges that were not submitted in advance of the approval of the contracting party.
13.20 Risk shall always rest with destination member for freight collect (CC) payments. Destination member shall decide whether to work with consignee (import customer) on the basis of payment by cash or cheque or on account. It is destination member’s responsibility to collect the amount as agreed.
13.20.1 Exception is applied if the freight charges cannot be collected from the consignee because of refusal to accept delivery by the consignee, problems with import customs clearance and other unexpected reasons making the collection of freight collect fees impossible for the destination agent. In these cases the shipment can be returned using the cheapest method or destroyed or treated otherwise based on an individual arrangement as agreed and at the expense of the departure member.
13.21 Cargo origin company (export representative) and destination company (import representative) agents who wish to be parties to any MBL and MAWB must be current members of FM.
13.22 HBL or HAWB must be issued for shipments arranged by Members. The issuing party of HBL or HAWB must be a current member of FM.
13.23 In case of non-compliance with 13.21 and 13.22, it is deemed that the matter falls outside the scope of these Terms and the Services and the Management is relieved of any and all obligations contained in clause 3 above and clauses 15 and 19.
14. PAYMENTS, ACCOUNTING AND SETTLEMENT
14.1 Member agrees that the provision of credit for any freight charges or other charges is solely at the liability and risk of the Member extending such credit.
14.2 All payments/accounts must be settled within 30 days from the date of invoice (unless otherwise agreed) or earlier in case of larger amounts.
14.3 Late or non-payment from anyone such as client, customer, shipper and consignee shall not constitute a reason or excuse for non-payment to another Member unless these were agreed conditions prior to the trade.
14.4 Payments (TT/WT) should be in the currency quoted (unless otherwise agreed).
14.5 All bank charges occuring on the side of beneficiary for remittance are the responsibility of beneficiary.
14.6 Payer should arrange remittance with all bank charges including intermediary bank charges and the full amount due under an invoice should arrive beneficiary account as stated on the invoice.
14.7 FM cannot be held responsible and does not accept any financial liability for commercial and/or financial obligations which are not met by FM member(s).
14.8 Member receiving the invoice will acknowledge receipt of the e-mail within 48 hours.
14.9 Any dispute regarding unpaid invoice between members must be reported to the Management within 45 days from the date of invoice. The Management does not provide any support, any service, mediation or otherwise, nor intervenes the issue of late notifications.
14.10 Any invoice for any Services shall be issued by a Member to another Member.
14.11 In case of non-compliance with 14.9 and this 14.10, it is deemed that the matter falls outside the scope of these Terms and the Services and the Management is relieved of any and all obligations contained in clause 3 above and clauses 15 and 19.
15. DISPUTES AND MEDIATION
15.1 Member must follow the INO Case and Claim Management process as in force from time to time.
15.2 All claims are handled as indicated in the INO Case and Claim Management Guideline which is available in PDF file format in the members only area of FM website.
15.3 If any dispute arises between Members in connection with this Agreement, the Members agree to enter into mediation in good faith to settle such a dispute and will do so in accordance with INO Case and Claim Management Guideline. The Management will act as the mediator.
15.4 To initiate the mediation a party must give notice in writing to the other Member or Members to the dispute, referring the dispute to mediation. A copy of the referral should be sent to the Management.
15.5 If there is any point on the logistical arrangements of the mediation, other than nomination of the Management, upon which the Members cannot agree within 14 working days from the date of the written notice, where appropriate, the Management will decide that point for the Members having consulted with them.
15.6 Unless otherwise agreed, the mediation will start not later than 28 working days after the date of the written notice.
15.7 No Member may commence any court proceedings or arbitration in relation to any dispute arising out of this Agreement until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by a delay.
15.8 If a Member fails to meaningfully participate in any mediation, the Management reserves the right to expel that Member from membership of FM.
15.9 Members should ensure that they are dealing with an office that is registered to FM. If there is non-compliance with this clause, it is deemed that the matter falls outside the scope of these Terms and the Services and the Management is relieved of any and all obligations contained in clause 3 above, clauses 15 and 19.
16. DISCIPLINARY PROCEDURES
16.1 Management has the right to list Member on blacklists and make Member black/delinquent listed on any platform.
16.2 Management has the right to inform all members about the delinquency and default of a Member.
16.3 Management has the right to send warning messages regarding a Member’s conduct to the companies including Members and non-members in its database.
16.4 Management has the right to inform other private or official organizations, associations, networks and agencies about a blacklisted, delinquent and/or terminated member.
16.5 Management has the right to notify all Members that they must withhold all payments, and request information from all Members about the state of their accounts with the offending Member (or former Member as the case may be).
16.6 Management shall have no liability arising out of the exercise of its rights under this clause.
17. ANNUAL GENERAL MEETING OR CONFERENCE
17.1 Member accepts that joining AGM at least once every two years is mandatory.
17.2 Member accepts to confirm its firm AGM participation at latest one (1) month prior to event date. Member may not be allowed to join AGM in case of late notification to Management.
17.3 Member accepts it will not be registered to attend AGM until the applicable fees are paid to Management. Fees and details are publised on FM website. It shall be the responsibility of Members to visit FM website to monitor what services will be given by Management to Member during AGM.
17.4 Members and their delegates shall be solely responsible for arranging and paying their own expenses such as air tickets, accommodation, airport transfers, visa, foods and beverages where otherwise stated in writing by Management.
17.5 Member accepts that in case of non-attendance of AGM, fees are totally non-refundable and non-transferable to any other Member or party and are not counted to next years’ fees.
17.6 Management will endeavour to arrange AGM every year. All arrangements for the AGM (including venue, country, time and date) shall be determined at the sole discretion of Management. In case of any failure of arranging AGM, Management cannot be held responsible for any loss, expense, error or omissions of Members.
17.7 Member accepts that Management has the right to cancel AGM or change the date, time, location or venue anytime with prior notice through email or fax.
17.8 Member accepts that fees are non-refundable in case of date, time, location or venue change for AGM. Management shall not be liable for any loss or expenses arising from any change to the date, time, location or venue of AGM.
17.9 The entire terms and conditions of AGM are to be found at the INO Summit – Terms and Conditions which is available on the FM website: https://www.freightmidpoint.com/inosummit-terms-and-conditions
17.10 Each attendee or group of attendees who registers for the INO Summit are subject to the terms and conditions stated. The term “attendee(s)” includes but is not limited to any person, delegate, spouse, media, speaker, institution and/or industry representative.
18. MONITORING AND PERFORMANCE EVALUATION
18.1 Member should conduct at least 30% of its business with fellow Members. Member's performance may be evaluated annually by score cards or activity reports. High performance and great attention to fellow members is required.
18.2 Management may request Member to prove that it is financially stable and solvent. Member agrees to provide financial reports and information about its company status as requested by Management.
18.3 Management may require Member to participate in surveys and questionnaires and Member shall participate as requested by Management.
19. INO GLOBAL PROTECTION
19.1 INO Global Protection is the name of Payment Protection Program being administered by Management. The terms and conditions of this program are to be found in the INO Global Protection Guideline which is available in the Members Only Area of FM website. The application of this program is subject to the following conditions:
19.1.1 INO Global Protection program is only valid between FM Premium Members.
19.1.2 Each Premium Member must report outstanding amounts within the timeframe given in INO Global Protection Guideline.
19.1.3 Each Premium Member must ensure that it is dealing with a Premium Member listed in online members directory at www.freightmidpoint.com. For this purpose Management ensures that the online members directory is always updated.
19.1.4 The payment protection program only applies to a transaction between two Premium Members. It does not apply as between FM Premium Members and FM Regular Members.
20. ENTIRE AGREEMENT
20.1 These Terms and Conditions (together with the Application for Membership/Confirmation of Continuing Membership) constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
20.2 Member agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Member agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
21. OTHER IMPORTANT TERMS
21.1 Management may alter, amend, change or modify or withdraw these Terms and Conditions at any time and from time to time. Notice will be made on www.freightmidpoint.com of any change.
21.2 If Management does not insist immediately that Member does anything required to do under these Terms or Conditions, or if Management delays in taking steps against Member in respect of Member’s breaching these Terms and Conditions, that will not mean that Member does not have to do those things and it will not prevent Management from taking steps against Member at a later date.
21.3 If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms. If any provision or part-provision of these Terms and Conditions is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
21.4 Neither Member nor Management will have any remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions. Neither Member nor Management will have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms and Conditions.
21.5 Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
21.6 Nothing in these Terms and Conditions is intended to, or shall be deemed to, constitute a partnership, agency or joint venture of any kind between Member and Management.
21.7 These Terms and Conditions are governed by Turkish law. Member and Management agree to submit to the exclusive jurisdiction of the Turkish Courts except that Management shall have the option to take any action or actions as it in it’s absolute discretion considers necessary to enforce it’s rights under these Terms and Conditions in any court or tribunal in any state or country.
21.8 All rights, title and interest in the name of FM owned by Management and cannot be used by Member without Management’s prior permission. Members agree to protect the interest and reputation of FM within their territories by upholding the highest standards of integrity, quality and customer service.
21.9 Non-compliance or disregard to Terms and Conditions will result in disciplinary action such as cancellation of membership and being blacklisted on any platform, debt recovery agency website or database including www.freightmidpoint.com website.
21.10 FM Terms and Conditions are formed to provide operational standardization, quality and trust among FM members.
21.11 FM is independent from any Member or individual that publishes its details and services in FM website.
21.12 Member is responsible for maintaining the confidentiality of its online FM account and is responsible for all activities that occur under its account. Member agrees to notify FM of any unauthorized use of its password or account or any other breach of security. FM cannot and will not be liable for any loss or damage arising from Member’s failure to provide FM with accurate information or to keep Member’s password secure.
21.13 FM is a neutral venue and FM is not a transportation service provider, freight forwarder, carrier or broker. FM’s Website acts as a neutral venue where the freight forwarders and logistics companies meet and enter into agreements to which FM or Management is not a party. FM and Management are not involved in the actual trade or transaction between users, Members and service providers. FM has no control or responsibility over the quality, safety or legal aspects of the transactions that take place between Members.
NOTICE AND DISCLAIMER: INO ULUSLARARASI NAKLIYE ORGANIZASYON LTD. STI. LOCATED IN THE REPUBLIC OF TURKEY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, ANY WARRANTY OF COMPATIBILITY BETWEEN THE ORGANIZATIONS, SITES OR SOFTWARE OR DATA PROVIDED AND EQUIPMENT OR SOFTWARE OWNED OR USED BY MEMBER, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE. MEMBER AGREES THAT INO ULUSLARARASI NAKLIYE ORGANIZASYON LTD. STI. SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF USE, LOSS OF DATA, LOST PROFITS, LOSS OF BUSINESS, OR OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, EVEN IF INO ULUSLARARASI NAKLIYE ORGANIZASYON LTD. STI. HAS BEEN INFORMED OF THEIR POSSIBILITIES.
THE ABOVE TERMS AND CONDITIONS ARE PUBLIC ON WWW.FREIGHTMIDPOINT.COM AND CAN BE MONITORED BY WEBSITE VISITORS ANYTIME AND BEING A MEMBER OF FREIGHT MIDPOINT INTERNATIONAL FORWARDERS NETWORK (FM) MEANS THAT MEMBER ACCEPTS ALL ABOVE TERMS AND CONDITIONS AND THEY ARE LEGALLY BINDING.