MOORIO TERMS & CONDITIONS FOR CUSTOMERS

I.   GENERAL

These Terms and Conditions apply to vessel owners' or operators' (Customers') use of Moorio platform (Platform) operated by Moorio Pte Ltd, a Singapore company (Moorio). These Terms and Conditions are legally binding and cover all Customers' transactions and other activities using Moorio, in addition to the Moorio Service Agreement that further determines the Customer's use of the Moorio website(s) (Site) and Moorio Services. If there is a conflict between these Terms and Conditions and the Moorio Service Agreement, the provisions of the Moorio Service Agreement shall prevail.

All provisions on dispute resolution between Customer and Supplier are established in Moorio Service Agreement's Dispute Policy (Section X) and these Terms and Conditions. Suppliers, Customers and Agents must act in accordance with the Moorio Service Agreement.

These Terms and Conditions may change from time to time to reflect best business practices. We encourage Customers to review these Terms and Conditions and related documents periodically. All Moorio Customers may be notified in writing regarding changes. Customers are welcome to contact us at support@moorio.com with any questions and feedback.

II.   CUSTOMER REGISTRATION AND VERIFICATION

By registering on Moorio Platform, the Customer confirms and warrants the following:

• It has and will maintain all necessary licenses in all applicable jurisdictions required for the use of the Site, Platform and Moorio Services, or any part thereof; 
• It understands the way in which Moorio Services work;
• It is in good financial standing and will be able to perform its obligations under these Terms and Conditions, Moorio Service Agreement and other legally binding documents between Moorio and Customer;
• It will comply with all applicable laws and regulations required for the use of the Site, Platform and Moorio Services, or any part thereof;
• It will comply with the Moorio Service Agreement, these Terms and Conditions, and other policy documents, inter alia, Moorio Privacy Policy, as amended from time to time by Moorio;
• The execution, delivery and performance under these Terms and Conditions and/or the Moorio Service Agreement do not: (i) violate, conflict with or result in the breach of any provision of the Articles of Association or by-laws (or similar organizational documents) of the Customer; (ii) conflict with or violate any law or governmental order applicable to the Customer or any of its assets, properties or businesses; or (iii) conflict with, result in any breach of, constitute a default (or event which with the giving of notice or lapse of time, or both, would become a default) under, require any consent under, or give to others any rights of termination, amendment, acceleration, suspension, revocation or cancellation of any contract, agreement, lease, sublease, license, permit, franchise or other instrument or arrangement to which it is a party;
• No action has been brought before a court or arbitral tribunal to the knowledge of the Customer, no proceedings have been instituted or threatened against the Customer which may affect the validity of these Terms and Conditions and/or the Moorio Service Agreement or the performance of its obligations under these Terms and Conditions and/or the Moorio Service Agreement; and
• The natural person accepting these Terms and Conditions on behalf of the Customer is entitled to enter into legal, valid and binding obligation on behalf of the Customer.

Customers are fully responsible for all actions taken by themselves and/or subcontractors on their behalf in fulfillment of services through Moorio.

To keep mooring as transparent as possible, reselling is not permitted using our Platform, which means that the Customer is the end user of the booked services or goods.

Businesses who are both Customer and Supplier will need to have two separate accounts and use different e-mail addresses.

Once a Customer registers on Moorio Platform, the Customer will undergo a verification process. To confirm Customer account, the Customer must follow these steps: 

• Update personal details
• Complete company profile and verify company address by providing a utilities bill or other official document with company name and address
• Enter billing and accounting information
• Register vessels

All information Customer has provided to Moorio at any time shall be true, accurate and complete in all respects. Moorio shall not be liable for any damage or loss to the Customer or any third party arising from Customer's failure to comply with this requirement. Having established that the Customer has not complied with this requirement, Moorio has the right to apply the measures provided for in these Terms and Conditions and Moorio Service Agreement, including the right to terminate Customer’s account at any time.

Upon completion of these steps, the Customer account will be reviewed by Moorio team within five (5) business days. The Customer agrees and acknowledges that Moorio may, in its sole discretion, deny or reject the Customer account for any lawful reason.

III.   CUSTOMER ONBOARDING

All Customers will have access to online Help Center platform (Knowledge Base provided in the Help Center platform or Live Chat) to help them guide through the Offer and Order processes.

Our Customer Support team will be accessible should any other guidance is needed.

IV.   TERMS OF BOOKING

Buying from the pre-approved Supplier list

As a Customer, you might invite your Suppliers to join Moorio and add them to your pre-approved Supplier list. Suppliers on your list are vetted by your KYC team and you have pre-agreed terms and conditions with them. As a Customer, you agree to accept those terms and conditions any time you enter into a binding agreement with such Suppliers.

Buying from marketplace participants

You might also choose to send your request to other marketplace participants. Before choosing an Offer, Customers will be able to view the charges, payment terms, Supplier’s profile, reviews, credit rating and their terms of sale. As a Customer, you might choose to provide your own terms and conditions which shall prevail over Supplier's terms. If neither you nor Supplier provides terms of sale, it is assumed that the latest BIMCO terms of sale apply. Any amendments to the terms of sale shall be agreed between the Customer and the Supplier as remarks to the Request/Offer and are valid if the offer is accepted. Supplier agrees compliance with MARPOL VI, Regulations 14 & 18 (except sulphur which shall be specified in the Request) and sampling guideline as set out in MEPC 96(47).

General terms

You acknowledge and agree that you, and not Moorio, will be responsible for performing the Customer’s obligations of the Order and any other contracts with Suppliers.

To secure an Order, Customers will be charged an Order reservation fee (Reservation Fee) equal to 100 USD. Moorio reserves the right to modify fees, surcharges, and renewal fees or to institute new fees at any time, for any reason, at its sole discretion. 

After choosing an Offer and paying the Reservation Fee, Customer enters into a legally binding contract directly with the selected Supplier. Please note that Moorio is not a party to such contract. Full payment for services is due directly to the Supplier as per Section VII (Payment Terms and Nonpayment) established below.

Invoice for the Reservation Fee will be issued by Moorio after the confirmation of the delivery. The Reservation Fee is non-refundable and serves as a payment to Moorio for Moorio Services, except for cases provided in these Terms and Conditions. Invoice for the services will be issued by the Supplier and uploaded to Moorio Platform after delivery. 

If Customer fails to pay Reservation Fee to secure the Order before offer becomes expired, Order will be cancelled automatically.

Should you indicate that the goods and services requested are for internal use (meaning that vessel’s final destination is the same as port of Order), VAT, excise duty tax and/or other taxes might be applicable. 

Please note that Moorio does not assume any responsibility or liability related to performance or non-performance of the contract with the selected Supplier. Moorio will use its best reasonable efforts to provide the Customer with required assistance, yet it cannot and does not provide any related guarantees. 

When creating a Request on Moorio Platform, a Customer agrees to the Moorio terms of booking as outlined below:

“I agree with Moorio Service Agreement, Terms & Conditions and Privacy Policy.”

V.   PAYMENT OF THE RESERVATION FEE

Moorio offers the following payment options for the Reservation Fee:

Credit card

This payment option allows Customers to save their credit card information to their account and have Order amount automatically charged to that card. 

Stripe Checkout

This payment option allows Customers to choose between a variety of country-specific payment options. Choosing this option, you will be redirected to a third-party checkout page.

Moorio prepayment balance

In cases when Orders get cancelled and Reservation Fees are returned to your Moorio prepayment balance, it can be used to partially or fully cover Reservation Fees for next orders. You may also deposit funds into your Moorio prepayment balance to cover Reservation Fees in the future.

VI.   REFUNDS & CANCELLATIONS

Order cancellations are defined by Supplier's terms of sale.

If the Supplier cancels the Order due to inability to fulfill it, Reservation Fee will be transferred to Customer's prepayment balance and can be used to pay for future Reservation Fees. Should the Customer request to return the Reservation Fee to their credit card, 4% administrative fee will be deducted from refunded amount. Should you wish to be refunded to the bank account, contact our financial operations team at refunds@moorio.com. Please note that in any other cases (e.g. the Order is cancelled by the Customer, the Customer does not accept it, or the Order is otherwise not fulfilled due to the fault of the Customer), the Reservation Fee will not be returned. Please note that all refunds are executed in USD, therefore any loss associated with differences in conversion is at Customer's risk.

If you wish to make changes to your order, such as change 'ETA' or 'ETD', change vessel, port, service or fuel type, you need to contact our customer service at support@moorio.com. Our customer service team will do our best to coordinate the changes with the Supplier. However, please note that Moorio does not assume any liability or responsibilities thereof.

If the Order is fully paid for, the refund policy regarding service fees is determined in Supplier’s terms and conditions of sale. 

Reservation Fee is not adjusted after final delivered quantity confirmation. 

VII.   PAYMENT TERMS AND NONPAYMENT

Moorio does not act as a payment agent of the Supplier, which means that the rest of the amount will be due directly to the Supplier.

Full payment for services to Suppliers should be made by bank wire to bank account provided by Supplier.

You agree to pay the amount presented to you in an Offer for an Order you make with a Supplier, and any other amounts that you owe to the Supplier in connection with an Order. Some Suppliers may request for full payment in advance, some may offer deferred payment. You also agree to provide any documentation reasonably requested by a Supplier for the purposes of your Order and you are responsible for the accuracy and timely submission of such documentation to the Supplier, whether that occurs through Moorio Platform or otherwise. We will use reasonable efforts to ensure that Offers displayed on the Moorio Platform are all-inclusive. However, each Supplier will have its own terms of sale which will apply to any Order you make with that Supplier, and you may be invoiced an amount that is additional to the amount of the Offer in certain circumstances (for example, long waiting time) as determined by the Supplier’s terms and conditions of sale. Similarly, you may be invoiced less should the quantity delivered will be lower or Supplier will provide additional discounts. Also, most Suppliers will disclaim liability for delays caused by force majeure events including weather and strikes. Supplier will include their terms of sale in the Offer. Should any questions regarding the final amount apply, Customers are encouraged to contact Supplier directly.

We reserve the right to make changes to our own payment policies and practices at any time, for any reason and without advance notice to you. We will always make the current payment policy and practice clear at the time of making a booking.

In case of late payments, Supplier will begin debt collections that could include legal proceedings as per Suppliers’ terms of sale. 

Please note that multiple failures to pay according to payment terms after services have been provided or any single delay may result in immediate termination of your Moorio account at Moorio discretion. 

In case of Customer overpayment, Supplier will process the refund at his own expense to Customer's bank account within 5 business days. 

VIII.   CUSTOMER STATUS

Depending on the use of the Moorio Platform, Customers will be automatically assigned statuses to help Suppliers make better business decisions when providing Offers. Statuses are assigned based on a number of factors and are listed in a priority order.

Current Customer status is visible to you when you login to your Customer account. Customer status is also publicly visible to Suppliers.

IX.   REVIEWS & CREDIT RATINGS

After every successful Order, both Customers and Suppliers will have a possibility to review the counterparty and give a rating based on 5-star metric. Moorio will calculate the average of all ratings and share performance metrics with Suppliers.

All reviews are not changeable, alterable or removable. Reviews are used to bring more transparency and not promote any specific Customer or Supplier. We do not guarantee the accuracy of any reviews.

We collaborate with a trusted credit rating agencies to provide credit risk assessment of Customers and Suppliers. The Information is not intended to be used as the sole basis for any decision making and is based upon data which is provided by third parties, the accuracy of which it would not be possible for Moorio to guarantee. Moorio gives no warranty or assurance about the contents of the Information. Whilst Moorio does endeavour to maintain the accuracy and the quality of the information, provided to us by a third party, it may be incorrect or out of date. Therefore, any use of the information is at the users own risk. Moorio disclaims all liability, whether in contract, tort (including negligence), for breach of statutory duty, or under any indemnity or otherwise, for any indirect or consequential loss. Moorio shall not be liable for the following types of financial loss (whether direct or indirect): (i) loss of profits, (ii) loss of earnings, (iii) loss of business or goodwill, (iv) loss of anticipated savings, (v) increase in bad debt and (vi) failure toreduce bad debt.

The Users may not sell, transfer sublicense, distribute, commercially exploit or otherwise make available to, or use for the benefit of, any of the information. The Users may not include the information in any product or service which the purchaser sells. The Users use the information in strict compliance with all applicable laws, rules and regulations.

X.   COMMUNICATION WITH SUPPLIERS AND AGENTS

Transparency and high level of customer service are very important to Moorio. Moorio provides Customers with a platform to communicate with Suppliers and Agents regarding the Order both through direct communication via messenger, as well as live order management tool with all the Order milestones highlighted.

We expect Customers to promptly communicate Order milestones via API integration or manual updates on our Platform. To help you guide through the Order process cycle, Moorio will send reminders of next steps.

Customer might choose to add Agent to the communication circle to ensure even smoother servicing of the vessel. All Supplier-Customer-Agent communications will be recorded on Moorio Messenger. This allows Moorio to keep track of every exchange between the three parties. 

We encourage you to communicate directly with Suppliers and/or Agents regarding any bookings that you make using Moorio. If you have any concerns about your Order, you should try to resolve your concerns directly with the Supplier in question. If you are not able to resolve your concerns with the relevant Supplier, you can make a formal complaint to us, and we will address such complaints as we consider appropriate under the circumstances. To ensure even smoother transaction, you can invite your dedicated Agent to a specific Order where it will be able to see relevant Order information and engage with you or Supplier via Moorio Messenger.

By using Moorio, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Suppliers or other third parties will be limited to a claim against the particular Suppliers or other third parties who caused you harm, and you may not to attempt to impose liability on us or seek any legal remedy from us with respect to such actions or omissions.

XI.   ENFORCEMENT

The regulations outlined in this document and other policy documents are important to all Customers and Suppliers in order to provide an optimal international vessel servicing experience using Moorio. To ensure this, Moorio reserves the right to enforce these rules. Users who do not adhere to these rules may be subject to a range of actions, including limiting their use of Moorio Platform, suspension of their account, termination of their account, application of fees, and recovery of any expenses incurred in policy monitoring and enforcement.

If a Customer fails to comply with the terms as detailed in the Moorio Service Agreement, this document, or any of the policies mentioned here, or if Moorio has received legitimate complaints about the Customer, Moorio reserves the right at its sole discretion to suspend or terminate the Customer’s account or their participation on Moorio Platform. This includes but is not limited to payment issues or using offensive language with Moorio team or Suppliers.