MOORIO TERMS & CONDITIONS FOR SUPPLIERS

I.   GENERAL

These Terms and Conditions apply to maritime service providers’ (Suppliers’) use of Moorio platform (Platform) operated by Moorio Pte Ltd, a Singapore company (Moorio). These Terms and Conditions are legally binding and cover all Suppliers’ transactions and other activities using Moorio, in addition to the Moorio Service Agreement  that further determines Suppliers’ 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 Suppliers to review these Terms and Conditions and related documents periodically. All Moorio Suppliers may be notified in writing regarding changes. Suppliers are welcome to contact us at support@moorio.com with any questions and feedback.

II.   SUPPLIER REGISTRATION AND VERIFICATION

By registering on Moorio Platform, the Supplier 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 has necessary knowledge and experience to offer and provide services;
• 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 Supplier;
• 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 Supplier; (ii) conflict with or violate any law or governmental order applicable to the Supplier 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 Supplier, no proceedings have been instituted or threatened against the Supplier 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 Supplier is entitled to enter into legal, valid and binding obligation on behalf of the Supplier.

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

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

Once a Supplier registers on Moorio Platform, the Supplier will undergo a verification process. 

To confirm Supplier account, the Supplier must follow these steps: 

• Update personal details
• Complete company profile and upload bunkering license (if applicable) or other official document confirming supplier's company details
• Enter accounting information
• Add services / fuel types / delivery methods
• Provide fuel quality certificates (optional)
• Register tankers (if applicable)

All information Supplier 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 Supplier or any third party arising from Supplier's failure to comply with this requirement. Having established that the Supplier 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 Supplier’s account at any time.

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

III.   SUPPLIER ONBOARDING & ACCOUNT MANAGEMENT

Moorio will contact all newly registered Suppliers to guide them through the first Offer and Order processes. By accepting these Terms and Conditions, the Supplier agrees that Moorio contacts it for this purpose. 

All Suppliers will also have access to online Help Center platform. They may also contact our customer support team via Live Chat or by logging in via the Platform.

Suppliers will be able change their company profile later on. Supplier might also add additional ports of operations and services (fuel types). Adding additional services will require additional verification, i.e. Supplier will have to submit recent quality certificates of additional fuel types. 

Suppliers must notify Moorio immediately if the Supplier changes their VAT registration number and/or ceases to be VAT registered, sells its business or a part thereof, or any other information provided during the initial verification changes. Any changes may result in additional verification of the Supplier that will have to be completed before the Supplier can resume operations on Moorio. 

The Supplier agrees and acknowledges that Moorio may, at its sole discretion, deny or reject the updated Supplier account following its verification for any lawful reason.

IV.   SUPPLYING DATA TO MOORIO AND CUSTOMERS

Suppliers may participate in Moorio marketplace both manually, i.e. reacting to every Request for Offer separately; automatically, by enabling automated bidding rules in their user profile; or both. In case Supplier chooses to enable automated bidding tool, Supplier agrees to test and monitor on a regular basis to ensure that it provides accurate Offers and otherwise performs as expected.

Once Supplier receives a notification of a new Request for Offer, the Supplier can enter its Offer using Moorio Platform. The Offer should be submitted within 20 minutes from the time the Request becomes public.

Offers for requesting Customers can be provided in several ways:

• Manual entry
• Using automated offering tool
• Via electronic integration (API)*

*Please contact our customer support team should you require an API connection

When submitting the Offer, ensure that you select the right currency. Customers might also request to provide Offers only in their preferred currency.

You shall provide to Moorio your terms of sale (either a downloadable file or a link), which will be accepted by the Customers while accepting the Offer. Should you choose not to provide your terms of sale, it will be presumed that latest BIMCO bunker terms apply. You agree 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). 

If Customer has provided his own terms and conditions that contradict with Supplier terms of sale, the Customer terms and conditions shall prevail. 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.

If you transact with Customers from your approved Customer List, please note that you should have pre-agreed terms and conditions outside the platform that may be different from your general terms of sale provided to all Customers.

Once submitted, the Offer becomes public information. All Offers and their content (e.g. pricing, conditions) are the sole responsibility of the Supplier. Once the Offer is submitted, Suppliers must abide by it and execute the Order, if accepted, in accordance with the Offer.

You agree that the price that the Customer shall pay for your services is the amount specified in the Offer selected by the Customer. Please note that although the Offers are sent through Moorio, they are still your quotes and you are bound by the Offer which is selected by the Customer, whether the Offer was generated automatically using rules you have specified in your account or whether you have participated in the marketplace providing the Offer manually. It is your obligation to ensure the accuracy and currency and other content provided to us through Moorio, which is used to provide Offers. We encourage you to regularly check and test this aspect of your use of Moorio Services to ensure that details such as prices, and terms and conditions are displayed correctly and that the Offers generated by Moorio on your behalf for your services are accurate and meet your requirements.

Moorio does not guarantee that any Offer submitted will be accepted by the Customer. Multiple Suppliers might submit their Offers to the Customer and there is no guarantee that any Offer will be accepted. If a Customer accepts the Offer and pays Reservation Fee to reserve it, Moorio will notify the Supplier by email and through Moorio Platform.

When submitting the Offer, a Supplier agrees to the Moorio terms of booking as outlined below:

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

V.   TERMS OF BOOKING

Suppliers shall start processing of the booking only once the Reservation Fee is paid by Customer and the status of the Order becomes “In Progress”.

After customer has paid the Reservation Fee to Moorio, the respective Order becomes a legally binding agreement between the Supplier and the Customer. Given that, please thoroughly consider all related circumstances before submitting the Offer to the Customer and selecting appropriate Offer validity. Do bear in mind that after the validity expires, Customer has additional 2 minutes to finalize the payment of Reservation Fee. If for any reason you are unable to fulfill the Order, please contact Moorio immediately via Live Chat or support@moorio.com. 

All payments, excluding the Reservation Fee, will be due directly to you as per payment terms. Invoice for the services to the Customer will be issued on behalf of the Supplier after the delivery through Moorio Platform. 

When submitting offers, it is assumed that the transportation fee is included in the price of fuel, unless transportation fee is added additionally. 

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

If the Supplier provides services of different quantity than was initially agreed upon, Supplier needs to adjust the quantity in the Order so that the invoice issued would be correct. For transparency reasons, the quantity should not differ more than 30% (thirty percent) from the initially agreed upon quantity.

Using Moorio, Suppliers are responsible and obliged to mark Order as delivered, update delivered quantity and upload stamped and signed bunker delivery note and fuel certificates as soon as possible after actual delivery, but no later than within 7 calendar days after ETD.

VI.   COMMUNICATION WITH CUSTOMERS AND AGENTS

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

To ensure Customer satisfaction, Suppliers will 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.

Suppliers are responsible for providing Order updates and communications to Customers on a regular basis to ensure a high standard of customer service. Supplier 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 tool. This allows Moorio to keep track of every exchange between the three parties. 

VII.   SUBSCRIPTION PLANS

Moorio is a Platform that allows Customers and Suppliers to find each other and generate instant Offers that facilitate entering into business contracts. The contract for services or goods is always directly between the Supplier and the Customer. Moorio is not a party to that agreement in any capacity. Moorio is a facilitator of the exchange of services for vessels between Customers and Suppliers. 

To better suit business needs, Moorio offers several subscriptions plans. Subscription plans and their fees are listed on our website and are subject to change: For bunker suppliers. 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.

Suppliers can choose to subscribe to any of the subscription plans immediately.

Enterprise subscription fee consist of fixed monthly (30 days) fee of 200 USD and variable part of 1 USD/MT for every successful closed order, which in any case shall not be lower than 20 USD. Fixed Enterprise subscription fee is due in advance when Supplier subscribes to the plan. Variable part is due after each successful order is closed.

VIII.   AUTOMATED OFFERING RULES

Automated offering tool allows Suppliers to set automated offering rules within described period and for described quantities requested. If Supplier chooses to enable this tool by creating rules, offers will be posted automatically on behalf of Supplier, allowing Suppliers to respond to requests fast and not to miss any of them.

If newly created automated rule with same port and fuel type already exist, the newly created rule will replace it.

It is Supplier’s sole responsibility to check whether the rules work as intended and are set correctly. We recommend doing that on a daily basis. By setting the rules, Supplier confirms that if his automated Offer is selected, he will be bound to fulfill the Order.

IX.   OVERPAYMENTS, REFUNDS, CANCELATIONS & NONPAYMENTS

If the Customer chooses to cancel the Order after it was already paid in full or in part to your bank account, you will be responsible for refunds as per your terms of sale. The Supplier shall ensure that its terms of sale or any other additional binding document provided to the Customer do not diminish or cancel this right of the Client, or any other rights established in Moorio policies. In case Customer has not paid for the Order before cancelling it, you are responsible for applying penalties as per your terms of sale.

We might contact you, should the Customer wish to make changes to Order, such as change ‘ETA’ or ‘ETD’, change vessel, port, service or fuel type.

In case of non-payment, Moorio will put efforts to help collect payment, however, Moorio does not assume any liability or responsibilities thereof towards the Supplier or any other third party. By using Moorio, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Customers will be limited to a claim against the particular Customer who caused you harm and you agree not to attempt to impose liability on us or seek any legal remedy from us with respect to such actions or omissions.

To minimize the risk of non-payment, Moorio advises to consider Customer’s credit score, as well Customer status and rating when offering payment terms, as well as establishing prepayment.

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

X.   SUPPLIER STATUS

In an effort to motivate the use of Platform and provide excellent customer service, Moorio assigns statuses to Suppliers. These statuses dictate the expectations we have for the Suppliers. Statuses are assigned based on a number of factors and are listed in a priority order.

Current Supplier status is visible to you when you login to your Supplier account. Supplier status is also publicly visible to Customers.

XI.   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 Customers. These scores help Suppliers understand where they stand and identify areas for improvement, as well help Customers to choose the right Supplier to work with. Supplier rating below 2 stars might result in Supplier account suspension or termination at the sole discretion of Moorio depending on the nature and credibility of the rating.

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 to Users who have subscribed to this Service. 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.

XII.   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 Supplier 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 Supplier, Moorio reserves the right at its sole discretion to suspend or terminate the Supplier’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.