| 1. Use of Control Towers International Website
and Systems
1.1 These General Website Terms apply only to those
parts of the http://www.maersk-logistics.com website,
or any other website, electronic network or system operated
or provided from time to time by Control Towers International:
(a) on which these General Website Terms are referenced,
made available or to which they otherwise apply; and
(b) which do not require a password and/or user identification,
or other security device or measure, for access.
References below to “website” shall be
construed accordingly.
1.2 This website is made available by Haimovich Tal
– Control Towers International A/S (“Control Towers International”).
1.3 Any party accessing or browsing this website or
downloading or using any information, data, text, images,
video, or audio or any other materials available from
Control Towers International via or generated on or posted to the
website (“Content”) or otherwise requesting
or receiving any services or facilities (“Services”)
via the website (“User”) may only do so
subject to (1) the terms and conditions set out below
and (2) any additional instructions, terms or conditions
which appear on the website from time to time and apply
to particular Content or Services which the User uses
(together referred to as the “General Website
Terms”). Access to or use of this website or any
Content or Services available via it shall be deemed
to constitute acceptance by the User of and agreement
by the User to the General Website Terms.
1.4 If the User accesses the website or receives or
uses Content or Services on behalf of any other party
(including any body corporate) that party shall also
be bound by the General Website Terms as if it were
the User. The User warrants and represents he is authorised
by any such party to bind that party to the General
Website Terms.
2. Status of General Website Terms
2.1 These General Website Terms shall not affect, or
form part of, the terms of any quotation or contract
for Logistics Services, with Control Towers International. The expression
“Logistics Services” includes, but is not
limited to, supply chain management, import-export logistics,
warehousing and/or distribution, customs clearance,
ocean freight, air freight, and other freight or transportation
management services, whether undertaken by Control Towers International
as principal or agent.
2.2 Control Towers International shall use reasonable endeavours
to reply to any query, or request for quotation, submitted
via the website, but shall not be responsible for any
delay in so replying. Any quotation or contract for
Logistics Services is subject to Control Towers International’
standard terms and conditions for such services, as
may be updated from time to time by Control Towers International.
Copies of these standard terms and conditions may be
obtained on request from the relevant Control Towers International
office.
3. Copyrights/Other Rights
3.1 Ownership of all copyrights, database rights, patents,
trade or service marks, product names or design rights
(whether registered or unregistered), trade secrets
and confidential information and any similar rights
existing in any territory now or in future (“Intellectual
Property Rights”) and similar rights and interests
in all domain names, trade marks, logos, branding appearing
on the website and all Content, or otherwise relating
to the structure of the website and any Services offered
by Control Towers International via the website, shall vest in Control Towers International or its licensors.
3.2 The User may use this website and the Content and
Services available via the website only for the purposes
reasonably anticipated on this website or as otherwise
might reasonably be expected in the course of his relationship
with Control Towers International and in accordance with any procedures
from time to time in force on the website. The User
may not access any areas of the website to which access
is indicated to be restricted unless the User has obtained
appropriate authorisation and a password (or other relevant
access device) from Control Towers International. The User may not
(1) use or permit any other party to use all or any
part of the website, Content or Services in connection
with activities that breach any relevant laws, infringe
any third party’s rights, or breach any applicable
standards, content requirements or codes; (2) post to
or transmit through the website any information, materials
or content that might be or might encourage conduct
that might be unlawful, threatening, abusive, defamatory,
obscene, vulgar, pornographic, profane or indecent;
(3) use the website for the purpose of or as a means
to send ‘flame’ or ‘spam’ emails.
3.3 The User shall procure the waiver of any moral
rights in any information, data or other content or
materials posted or introduced by the User to the website
(“User Materials”). The User hereby irrevocably
authorises Control Towers International and its licensees to use
any User Materials for all reasonable business purposes,
including without limitation copying, amending, incorporating
in other materials, publishing or otherwise providing
to third parties (and permitting such third parties
to use and sublicense the User Materials) anywhere in
the world any such User Materials. The User agrees to
take any steps (including completing any further document)
that may be required in any jurisdiction to give effect
to this clause.
3.4 Control Towers International does not warrant or represent
that the User’s or any other party’s use
of the Content or the Services available via the website
will not infringe rights of third parties.
4. Errors
4.1 Control Towers International will use all reasonable endeavours
to ensure that the Content accurately reflects either
(1) the relevant part of Control Towers International' records held
on Control Towers International' computer systems or (2) information
received from a party other than Control Towers International, subject
to clause 4.2 below.
4.2 The Content is provided for information only, and
Control Towers International makes no warranties, representations,
guarantees or undertakings at all that any Content is
accurate, sufficient, error free, complete or up-to-date
at the time it is accessed. The User should make further
enquiries to satisfy himself of the accuracy and completeness
of any Content before relying on it.
4.3 Except as set out in these General Website Terms,
Control Towers International shall have no liability for breach
of any implied warranty or term that might otherwise
apply including (without limitation) in relation to
the operation, quality or fitness for purpose of the
website or any Content or Service.
4.4 The User is responsible for the accuracy and completeness
of any User Materials. The User shall ensure the User
Materials do not infringe any Intellectual Property
Right or other right of any third party and are not
defamatory, unlawful, immoral or otherwise likely to
breach or infringe any right or requirement or to give
rise to any claim for loss or damage by any third party.
The User shall indemnify Control Towers International against any
claims, losses, actions, proceedings, damage or other
liabilities suffered by Control Towers International as a result
of any actual or potential breach by the User of its
obligations under this clause 4.4.
5. Hyperlinked websites
5.1 The website may contain certain links or references
to websites operated by third parties. Control Towers International
makes no warranties or representations whatsoever regarding
any third party website which the User may access through
this website or which the User may use or access to
enable access to or use of this website and any of its
Content or Services. Any such third party website is
wholly separate and independent from this website and
Control Towers International does not have any control over the
content or operation of such website. Control Towers International
does not endorse any third party website, and does not
accept any responsibility for the existence, operation,
content, or use of such third party website.
5.2 A User may place hyperlinks to any unrestricted
area of this website provided that the User complies
with the following terms or any other terms posted on
the website from time to time. The User: (1) may link
to, but may not, unless with Control Towers International’
prior written agreement, replicate in any way any Content
appearing on the website; (2) may not create a border
environment or browser around or otherwise frame any
Content or create any impression that the Content is
supplied or owned by any other party than Control Towers International;
(3) may not present misleading or false information
about Control Towers International, its services or Content; (4)
may not misrepresent Control Towers International’ relationship
with the linking User (or any third party); (5) may
not create any implication or inference that Control Towers International endorses the linking User or its services
(or any third party); (6) may not use or reproduce Control Towers International’ logo, trade marks or name; (7) may
not contain or display any content that could be construed
as obscene, libellous, defamatory, distasteful, offensive,
pornographic, or inappropriate in any other way; (8)
may not contain materials, content or anything else
that might violate any laws of any jurisdiction; (9)
must clearly indicate that the Control Towers International website
is operated by Control Towers International and is not controlled
by or otherwise associated or connected with the linked
website, and that Control Towers International’ terms and
conditions apply in relation to any use of the Control Towers International website.
5.3 Any User must immediately on request remove any
link placed on or to any area of this website. The User
shall not permit any third party aggregator of information
to access or retrieve information from this website
on the User’s behalf.
5.4 The User may not in any way run software programs,
scripts, macros or similar materials against or in relation
to any part of the website as these could endanger,
compromise or hamper the stability and operation of
the website or infringe rights in or relating to the
website or any materials appearing on it.
6. Security
6.1 The User agrees to comply with any reasonable instructions
Control Towers International may issue from time to time regarding
the website’s security.
6.2 The User must ensure that he does not do anything
during or after any access to or use of the website,
Content or Services which might result in the security
of the website, or the systems or security of Control Towers International or any other users of the website, or any
customers of Control Towers International its affiliates, associates
or agents, being compromised.
6.3 Both the User and Control Towers International each shall take
all reasonable precautions to ensure that communications
through the website and its own systems are not affected
by computer viruses or other destructive or disruptive
components, and to ensure no such components are transmitted
to or via Control Towers International or the website.
7. Liability
7.1 Control Towers International, its affiliates, associates and
agents shall have no liability whatsoever in respect
of the use of the Content, Services or website, howsoever
arising, for:
7.1.1 economic loss in any form, such as indirect or
consequential loss or damage, loss of profit or loss
of customers;
7.1.2 special or punitive damages;
7.1.3 business interruption, loss of data or delay;
or
7.1.4 any decision made, or action taken, in reliance
on any information or other statements on or obtained
via any Content, Services or the website.
7.2 The total liability of Control Towers International, its affiliates,
associates and agents to the User and any person acting
on the User’s behalf, howsoever arising out of
or in connection with the General Website Terms and/or
the website, Services or Content (including in relation
to negligence) shall, in aggregate, in respect of any
claim, or series of connected claims arising out of
the same cause in any calendar year, not exceed USD
500 (United States Dollars Five Hundred).
7.3 The User shall ensure that no claims for more than
the aggregate limit of liability set out in clause 7.2
are brought against Control Towers International, its affiliates,
associates and agents.
7.4 The User is advised to obtain, if he considers
appropriate, insurance cover at his cost, in particular
for any loss exceeding the limit set out in clause 7.2
above.
7.5 Nothing in the General Website Terms shall exclude
liability for death, personal injury or fraud.
7.6 Except as set out in the General Website Terms,
Control Towers International, its affiliates, associates and agents
shall have no liability whatsoever in respect of the
use of the Content, Services or website, howsoever arising.
8. Miscellaneous
8.1 Use of this website or of the Content or Services
may be subject to certain legal or regulatory requirements
in particular jurisdictions. The User may only access
or use the website, Content or Services to the extent
such access or use is permitted in the jurisdiction
in which he accesses or uses the website, Content or
Services.
8.2 Control Towers International and its affiliates, associates
and agents will not be liable for any loss, damage,
delay or failure in relation to the website, Content
or any Services, caused in whole or in part by equipment,
system or network failure, interruption or unavailability
of the Internet, interruption to power supplies, the
action of any government or governmental agency, natural
occurrence, law or regulation, industrial action, war,
terrorist action, or anything else beyond its reasonable
control.
8.3 These General Website Terms supersede all previous
agreements, communications, representations and discussions
between the parties relating to the website, Content
or Services.
8.4 No modification or waiver of these General Website
Terms shall be binding on Control Towers International unless it
is in writing and agreed by an authorised representative
of Control Towers International.
8.5 References in the General Website Terms to ‘in
writing’ or ‘written’ include communication
by email or other electronic form.
8.6 Each of the provisions of the General Website Terms
is severable from the others and if one or more of them
becomes void, illegal or unenforceable, the remainder
will not be affected in any way.
8.7 The rights of Control Towers International under the General
Website Terms may be exercised as often as necessary
and are cumulative and not exclusive of its rights under
any applicable law. Any delay in the exercise or non-exercise
of any such right is not a waiver of that right.
8.8 The User may not assign, part with or otherwise
transfer any right or benefit under any provision of
the General Website Terms without Control Towers International’
prior written consent.
8.9 Control Towers International may change, improve or remove
any Content, or any Services available via the website,
or change the General Website Terms at any time, with
or without prior notice. The User agrees to periodically
review the website and the General Website Terms so
that he is aware of any change.
8.10 Control Towers International may assist or co-operate with
authorities in any jurisdiction in relation to any direction
or request to disclose personal or other information
regarding any User or the use of the website, Content
or Services.
8.11 Control Towers International’ affiliates (which term
wherever used in the General Website Terms shall include
all entities directly or indirectly owned or controlled
by Haimovich Tal – Control Towers International A/S), associates
and agents (“Relevant Third Parties”) shall
have the benefit of all provisions of the General Website
Terms which are expressed to be for their benefit, as
well as the law and jurisdiction clause. In entering
into this agreement, Control Towers International does so (to the
extent of such provisions) not only on its own behalf
but also as agent and trustee for such persons.
8.12 To the extent that clause 8.11 is not effective
to give such benefit to any Relevant Third Party, it
may enforce such provisions in its own name pursuant
to the Contracts (Rights of Third Parties) Act 1999.
The General Website Terms may be varied or rescinded,
by agreement or in accordance with its relevant provisions,
without the consent of any Relevant Third Party.
8.13 The General Website Terms shall be subject to
English law and any dispute, claim, matter of construction
or interpretation arising out of or relating to the
website, including the General Website Terms, shall
be subject to the exclusive jurisdiction of the English
courts.
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