Delphi Terms of Use

IMPORTANT: BY USING THE WEBSITE (DEFINED BELOW) OR PLACING AN ORDER WITH DELPHI YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN, PLEASE DO NOT USE THE WEBSITE OR PLACE ANY ORDERS.

1. Acceptance of Terms

These terms and conditions (the “Terms”) along with any other terms and policies referenced herein, including the Delphi Privacy Policy available at https://delphicargo.com/privacy-policy, constitute a legally binding agreement between you (“User” or “you” or “Customer”) and Delphi Cargo LTD. (the “Company” or “we” or “us”), governing your access, use, registration and receipt of: (i) Delphi website at https://delphi.delphicargo.com (the “Website”); (ii) Delphi Services (the “Services”). By using the Website in any way or manner, you hereby agree to abide by, and be bound, by these Terms. If you do not understand and/or agree to these Terms, you should immediately exit the Website and cease making any use of the Website.

We may unilaterally change or add to the terms of these Terms at any time. In the event of a material change, we shall notify you via email or by means of a prominent notice on the Website. Before accessing or using the Website, you should check if any changes were made to the Terms at the following URL: https://delphicargo.com/terms-of-use and https://delphicargo.com/privacy-policy. By continuing to use the Website following such changes, you hereby agree to be bound by such changes.

2. License

Subject to the terms and conditions set forth herein, you are granted with a personal, nonexclusive, non-transferable, non-sub-licensable, revocable (to the sole discretion of the Company), limited license to access and make personal non-commercial use (other than for doing business with Delphi) of the Website.

3. Limitations and Representations

You hereby represent and warrant to the Company that: (a) you have, and will have at all times, all rights and consents required for providing the information you provide to Company and for all actions taken on the Website, (b) you are at least eighteen 18 years old. Except as specifically permitted herein, you undertake and agree not to: (i) create false personas, multiple identities, multiple user accounts or set up an account on behalf of someone other than yourself; (ii) sell, license (or sub-license), lease, assign, transfer, pledge, or share your account or any of your rights under these Terms with/to any third party; (iii) transfer, distribute, scrap, copy all or any part of the Website or the Company IPR (as defined below); (iv) syndicate any part of the Website or refer to the Website by use of framing, deep linking or similar techniques; (v) make use of the Website in any jurisdiction where same are illegal or which would subject the Company or its affiliates to any registration requirement within such jurisdiction or country; (vi) use, or encourage, promote, facilitate or instruct others to use the Website for any illegal, harmful or offensive use; (vii) access the Website through or use with the Website any automated or unauthorized means, services or tools including without limitation any data mining, robots, or any other automated means or data gathering and extraction tools, including without limitation in order to extract for re-utilization of any parts of this Website; (viii) perform any act that destabilizes, interrupts or encumbers the Website or their servers or use “load testers”, that enable sending more request messages to the servers of the Website, in a given period of time, than a human can reasonably send in that time period by using the Website; or (ix) copy, modify, translate, reverse engineer, decompile or disassemble any part of the Website (except to the extent applicable laws specifically prohibit such restriction), or make any attempt to discover the source code of the Website or any other software available on the Website or create derivative works thereof.

You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment, software, hardware and services required for getting access to and using the Website.

4. Ownership of Proprietary Rights

The Website, including without limitation any underlying data, software, platforms, algorithms, technology, application design, any information, logos, trademarks, trade-names and brands, services, texts (including articles and blogs), files, images, sound, music, videos, organization, structure, specifications, “look and feel” and features and any enhancements, improvements and derivatives thereof and all Intellectual Property Rights related thereto (“Company IPR”) are the property of the Company and/or its licensors who retain all right, title and interest in connection therewith, excluding Customer Data. Company IPR also refers to any Intellectual Property under any feature or functionality available on the Website.

“Intellectual Property Rights (IPR)” means worldwide, whether registered or not (a) rights associated with works of authorship, designs, mask works and photography including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress, the right to publicity and goodwill rights; (c) patents, patent applications and industrial designs; (d) trade secrets; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.

No transfer or grant of any rights by the Company is made or is to be implied by any provision of these Terms or by any other provision contained in the Website with respect to the Company IPR or otherwise, except for the limited license set forth in Section 2 above.

5. Registration and Password

You may visit the Website without registration, however, by opening an account you may receive access to additional features or functionalities. When opening an account, you will be required to choose a password and submit a user name (the “Login Information”). Users must maintain such Login Information in strict confidence. You must notify the Company in the event you believe or suspect that your Login Information becomes compromised, in which case, you should immediately change your Login Information. In addition, you must keep your information, as was submitted to use, up-to-date at all times and inform the Company of any changes to such information.

User acknowledges that the Company will not be responsible for any damages caused to you by a third party using the User’s Login Information, regardless if by authorization, negligence, or otherwise, and regardless of whether the Company knew or should have known of such use.

6. Your Customer Data.

6.1. Customer Data is any business data or information, not relating to an identified or identifiable natural person, that is uploaded or submitted, transmitted or otherwise made available, to or through the Services by you or any User and is processed by us on Customer’s behalf (“Customer Data”). Customer retains all right, title, interest and control, in and to the Customer Data, in the form submitted to the Services. Subject to these Terms, Customer grants us a worldwide, royalty-free, limited license to access, use, process, copy, distribute, perform, export, and display the Customer Data, to maintain and provide you the Services. Notwithstanding the foregoing, information which relates to an identified or identifiable natural person, is governed by our Privacy Policy.

6.2. You represent and warrant that: (i) you have or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to grant the rights granted herein, for any Customer Data that you submit, post or display on or through the Services; (ii) the Customer Data you submit, your use of such Customer Data, and our use of such Customer Data, as set forth in these Terms, do not and shall not (a) infringe or violate any patents, copyrights, trademarks or other intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions, including those related to data privacy and data transfer and exportation (“Laws”); (c) violate any of your or third party’s policies and terms governing the Customer Data. Other than our security and data protection obligations expressly set forth in Section 9, we assume no responsibility or liability for Customer Data, and you shall be solely responsible for Customer Data and the consequences of using, disclosing, storing, or transmitting it. It is hereby clarified that the Company shall not monitor and/or moderate the Customer Data and there shall be no claim against the Company for not doing such.

6.3. The Company shall implement industry-standard measures to back-up Customer Data via MS backup service utilizing MS server farms, so that if the Service collapses, Your Data, as stored during the most recent backup, shall be retrievable. The limitations of liability as set forth in Sections 11-13 to these Terms, shall also apply to such third-party services. YOU ARE HIGHLY ENCOURAGED TO USE CAREFUL DISCRETION AND TO IMPLEMENT ADDITIONAL INDEPENDENT MEANS TO ENSURE YOUR DATA IS ALWAYS FULLY AND CONSTANTLY BACKED-UP.

7. Specific Service Terms

7.1. Some features or functionalities of the Website may be subject to additional service terms, as identified in the relevant services when enabling such Services and/or as designated and available under these Terms (“Specific Services Terms”). By accessing, enabling, using and/or purchasing any such services subject to Specific Services Terms, such as the Delphi Tool, you agree and acknowledge that such terms are binding and governing your use of such services.

7.2. You may purchase and/or receive such additional services, subject to and as set forth in the “Additional Services Terms”, as may be updated from time to time.

8. Third-Party Content and Services

The Company is not and shall not be liable or responsible for any third-party content and does not promote, recommend, or endorse third party content. All information, offerings or references to third party services are made for your convenience and are not endorsements or recommendations.

Should you leave the Website via a link, websites, applications or use of third-party content, you do so at your own risk.

We are not responsible for the availability of Third-Party Services.

9. Privacy and Security

The Company implements reasonable security measures and procedures, as required under governing law, designed to assist in protecting your Customer Data.

The Company’s Privacy practices are governed by Delphi’s Privacy Policy, the most updated copy of which can be found at (“Privacy Policy”).

10. Modification or Discontinuation of Services

The Company may add, modify or discontinue any feature, functionality or any other tool within any Services and/or the Website, at its own discretion and without further notice, however, if we make any material adverse change in the core functionality of the Services, then we will notify you by posting an announcement on the Sites, via the Services and/or by sending you an email.

11. Disclaimer

THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEBSITE OR THE SERVER(S) THAT MAKE(S) THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE (INCLUDING ANY FEATURES OR FUNCTIONALITIES THEREOF) INCLUDING WITHOUT LIMITATION THEIR CORRECTNESS, ACCURACY, RELIABILITY, AVAILABILITY OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE WEBSITE AND/OR ANY OF THE COMPANY IPR.

PLEASE REVIEW THE TERMS AND PRIVACY POLICY OF ANY THIRD-PARTY WEBSITE, SERVICE OR OFFERING BEFORE PLACING AN ORDER OR MAKING A PAYMENT ON ANY SERVICE OR WEBSITE REVIEWED ON OR REFERRED TO FROM THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability Concerning Use of the Website

TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL THE COMPANY AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO THE WEBSITE, YOUR USE OF THE WEBSITE, OR RELIANCE ON ANY OF THE FOREGOING, OR TO ANY ERRORS, INACCURACIES, OMISSIONS OR DEFECTS, OR ANY OTHER FAILURE TO PERFORM BY THE COMPANY.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability Concerning the Services

13.1. YOU HEREBY EXEMPT THE COMPANY FROM ANY RESPONSIBILITY FOR ANY DAMAGE CAUSED BY THE PROVISION OF COMPANY SERVICES. THE COMPANY SHALL NOT BE LIABLE TO COMPENSATE YOU AND/OR YOUR EMPLOYEES AND/OR ANYONE ACTING ON YOUR BEHALF AND/OR ANY THIRD-PARTY FOR ANY DAMAGE CAUSED AS A RESULT OF THE EXECUTION OF ANY PURCHASE ORDER AND/OR THE PROVISION OF SERVICES, EXCEPT IN CIRCUMSTANCES WHERE THE COMPANY OR OUR VENDORS ACTED IN A MALICIOUS MANNER OR GROSS NEGLIGENCE.

13.2. WITHOUT DEROGATING FROM THE GENERALITY OF THE FOREGOING, THE COMPANY ACTS TO COORDINATE INTERNATIONAL SHIPPING AND MERELY ACTS AS A COORDINATING FACTOR ONLY FOR THE PURPOSES OF LOGISTICS AND SEA/AIR/LAND TRANSPORT AND THEREFORE IS NOT RESPONSIBLE FOR CHANGING THE ROUTE OF TRANSPORTATION AND/OR THE DURATION OF TRANSPORTATION AND/OR LATE ARRIVALS AND/OR CARGO DELIVERY AND/OR DAMAGE/DEFICIENCY CAUSED WHILE THE CARGO IS NOT IN THE ACTUAL POSSESSION OF THE COMPANY AND/OR TO ANY OTHER MATTER RELATED TO THE SERVICES AND WHICH IS NOT UNDER THE EXCLUSIVE CONTROL OF THE COMPANY.

13.3. IN ANY CASE, THE COMPANY’S LIABILITY IS LIMITED ACCORDING TO THE RELEVANT INTERNATIONAL CONVENTIONS OR ACCORDING TO THE BILL OF LADING IF IT WAS ISSUED BY THE COMPANY, INCLUDING WITH REGARD TO LIMITATION PERIODS AND THE AMOUNT OF LIABILITY.

13.4. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, CIRCUMSTANTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR DAMAGES ARISING OUT OF ANY EVENT NOT UNDER THE COMPANY’S EXCLUSIVE CONTROL, INCLUDING WAR, STRIKES, TERRORIST ACTIONS, EARTHQUAKES AND/OR ANY OTHER EVENT NOT UNDER THE COMPANY’S EXCLUSIVE CONTROL. YOU HEREBY COMPLETELY EXEMPTS THE COMPANY FROM VICARIOUS LIABILITY OF ANY KIND AND ALSO COMPLETELY AND IRREVOCABLY WAIVE ANY CLAIM ATTRIBUTING TO THE COMPANY VICARIOUS LIABILITY OF ANY SORT. YOU ABSOLUTELY AND IRREVOCABLY WAIVE ANY CLAIM AND/OR DEMAND AND/OR ACTION AGAINST THE COMPANY FOR ANY CIRCUMSTANCES LISTED ABOVE AND/OR ARISING FROM VICARIOUS LIABILITY. WITHOUT DEROGATING FROM THE GENERALITY OF THE FOREGOING, YOU HEREBY EXEMPT THE COMPANY FROM ANY LIABILITY FOR ANY DAMAGES CAUSED TO ANY CARGO WHATSOEVER.

13.5. TRANSPORT SCHEDULES AND PRICES ARE SUBJECT TO CHANGES AND ARE AT THE RESPONSIBILITY OF THE SHIPPING/AVIATION/PORT COMPANIES AND ARE NOT APPLICABLE TO HAZARDOUS OR DEGRADABLE OR EXCEPTIONAL OR REFRIGERATED MATERIALS. FLIGHT/SAILING DETAILS AND SCHEDULES ARE APPROXIMATE ONLY, ACCORDING TO DATA PROVIDED BY THE AIRLINES AND SHIPPING COMPANIES AND ARE SUBJECT TO CHANGES MADE BY THEM. THE AGREEMENT BETWEEN YOU AND THE COMPANY, INCLUDING REGARDING TO CONSIDERATION PAYMENT AMOUNTS, IS SUBJECT TO THE PROVISIONS AND TERMS OF THE AIR/SEA FREIGHT CONTRACTS APPEARING ON THE BILL OF LADING PROVIDED BY THE INTERNATIONAL FORWARDERS AND/OR THE SHIPPING / AIRLINE COMPANIES.

13.6. YOU UNDERTAKE TO OBTAIN, AT YOUR OWN COST AND EXPENSE, ALL THE PERMITS, APPROVALS AND LICENSES REQUIRED FOR IMPORTING AND/OR EXPORTING AND/OR LOADING AND/OR UNLOADING, AS REQUIRED, EXCEPT THOSE WHICH THE COMPANY CLEARLY ASSUMED IN WRITING THE RESPONSIBILITY TO OBTAIN. YOU SHALL BE LIABLE FOR THE PAYMENT OF ANY TAX AND/OR DUTY AND/OR PAYMENT APPLICABLE BY LAW IN RESPECT OF THE SERVICES (EXCEPT TAXES APPLICABLE TO THE COMPANY FOR INCOME GENERATED FOR PROVIDING SERVICES), UNLESS THE COMPANY CLEARLY UNDERTAKES IN WRITING TO BEAR SUCH PAYMENTS.

14. Termination

We may suspend your right to access or use any portion or all of the Website and/or the Services immediately (including without limitations the license set forth in Section 2 above) and suspend or block you from login-in to or using the Website, at our sole discretion without notice, including without limitation in the event of a suspected breach, violation of laws or fraud. The provisions of the following Sections shall survive: 1, 3, 4, and 11-17.

Unless expressly indicated herein otherwise, the termination or expiration of these Terms shall not relieve Customer from its obligation to pay due Fees for the Services provided prior to such termination or expiration.

It is Customer’s sole liability to export the Customer Data prior to such termination or expiration. In the event that Customer did not delete the Customer Data from the Account, we may continue to store and host it until either Customer or we, at our sole discretion, delete such Customer Data, and during such period, Customer may still be able to make a limited use of the Services in order to export the Customer Data (“Read-Only Mode”), but note that we are not under any obligation to maintain the Read-Only Mode period, hence such period may be terminated by us, at any time, with or without notice to Customer, and subsequently, the Customer Data will be deleted. Customer acknowledges the foregoing and its sole responsibility to export and/or delete the Customer Data prior to the termination or expiration of these Terms, and therefore we shall not have any liability either to Customer, nor to any User or third party, in connection thereto.

15. Confidentiality

15.1. Confidential Information. In connection with these Terms and the Services (including the evaluation thereof), each party (“Disclosing Party”) may disclose to the other party (“Receiving Party”), non-public business, product, technology and marketing information, including without limitation, customers lists and information, know-how, software and any other non-public information that is either identified as such or should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure (“Confidential Information”). For the avoidance of doubt, our Website, Services, Trial Services and/or Pre-Released Services, inclusive of their underlying technology, and their respective performance information, as well as any data, reports and materials we provided to you in connection with your evaluation or use of the Services, are regarded as our Confidential Information. Confidential Information does not include Customer Data or information which written evidence establish that (a) is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (c) is received from a third party without breach of any obligation owed to the Disclosing Party; or (d) was independently developed by the Receiving Party without any use or reference to the Confidential Information.

15.2. Confidentiality Undertakings by the Receiving Party. The Receiving Party will (i) take at least reasonable measures to prevent the unauthorized disclosure or use of Confidential Information, and limit access to those employees, affiliates, service providers and agents, on a need to know basis and who are bound by confidentiality obligations at least as restrictive as those contained herein; and (ii) not use or disclose any Confidential Information to any third party, except as part of its performance under these Terms and as required to be disclosed to legal or financial advisors to the Receiving Party or in connection with a due diligence process that the Receiving Party is undergoing, provided that any such disclosure shall be governed by confidentiality obligations at least as restrictive as those contained herein.

15.3. Compelled Disclosure. Notwithstanding the above, Confidential Information may be disclosed pursuant to the order or requirement of a court, administrative agency or other governmental body; provided, however, that to the extent legally permissible, the Receiving Party shall make best efforts to provide prompt written notice of such court order or requirement to the Disclosing Party to enable the Disclosing Party to seek a protective order or otherwise prevent or restrict such disclosure.

16. Governing Law and Jurisdiction; Class Action Waiver.

16.1. Governing Law; Jurisdiction. These Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Israel without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. Courts of competent jurisdiction located in Tel Aviv-Jaffa, Israel, shall have the sole and exclusive jurisdiction and venue over all controversies and claims arising out of, or relating to, these Terms. You and us mutually agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Notwithstanding the foregoing, the Company reserves the right to seek injunctive relief in any court in any jurisdiction.

16.2. Class Action Waiver. WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND the Company AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and the Company mutually agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

17. General

(i) If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms; (ii) you acknowledge and agree that the Company has the right, at any time and for any reason, to redesign or modify the Website; (iii) these Terms are the entire agreement between you and the Company regarding the subject matter herein; (iv) the Company may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without the prior written consent of the Company. Any unauthorized assignment will be void and of no force or effect; (v) no provisions of these Terms are intended or shall be construed to confer upon or give to any person or entity other than you and the Company any rights, remedies or other benefits under or by reason of these Terms; (vi) the Company’s failure to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver by the Company as to subsequent enforcement of rights or subsequent actions in the event of future breaches; (vii) all waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

Last updated June 20, 2025