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General user terms |
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1. |
Use of the Allcargo Global Logistics Ltd. Website
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1.1 |
These terms apply only to those parts of the allcargoglobal.com
website which do not require a digital certificate or other security device or
measure for access; references to "website" below shall be construed
accordingly.
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1.2 |
This website is made available by Allcargo Global Logistics Ltd..
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 Allcargo via or generated on, posted or uploaded to the website
(" Content") or otherwise requesting, using 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 on the website that apply to particular Content or Services
which the User uses (such additional instructions, terms and conditions to
prevail over the terms and conditions below to the extent of any
inconsistency), 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.
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1.3 |
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 that party were a
User. The User warrants and represents that he is authorised by any such party
to bind that party to the General Website Terms.
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2. |
Status of General Website Terms |
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2.1 |
The General Website Terms shall not affect, or form part of, the
terms of any contract of with Allcargo.
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3 |
Copyrights/Other Rights
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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 the Services offered by Allcargo via the
website, vests in Allcargo or its licensors.
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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 Allcargo 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 any relevant access device (such as a digital
certificate) from Allcargo. 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,
upload to, temporarily store on (if such facility is provided) 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, discriminatory, pornographic, profane or indecent;
(3) use the website for the purpose of or as a means to send 'flame' or 'spam'
emails.
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3.3 |
The User shall procure the waiver of any moral rights in any
information, data or other content or materials posted or uploaded by the User
to the website ("User Materials"). The User hereby irrevocably authorises
Allcargo 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. |
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3.4 |
Allcargo 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.
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4 |
Errors
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4.1 |
Allcargo will use reasonable endeavours to ensure that the Content
accurately reflects either (1) the relevant part of Allcargo's records held on
Allcargo's computer systems or (2) information received from a party other than
Allcargo. Allcargo does not warrant that the 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. Certain Content may be labelled as indicative
only, in which case Allcargo makes no warranties at all in relation to its
quality, accuracy, completeness or timeliness.
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4.2 |
Except as set out in the General Website Terms, Allcargo shall have
no liability whatsoever for breach of any implied warranty, term or condition
that might otherwise apply including (without limitation) in relation to the
operation, quality or fitness for purpose of the website or any Content, User
Materials or Service, or the use of reasonable skill and care.
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4.3 |
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 and hold harmless Allcargo and its
affiliates, associates and agents against any claims, losses, actions,
proceedings, damage or other liabilities whatsoever (including damages or
compensation paid by Allcargo to compromise or settle a claim), and all legal
costs or other expenses, suffered by Allcargo or its affiliates and associates
as a result of any actual or potential breach by the User of its obligations
under this clause
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5 |
Hyperlinked websites
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5.1 |
The website may contain certain links or references to websites
operated by third parties. Allcargo 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 website is wholly
separate and independent from this website and Allcargo does not have any
control over the content or operation of such website. Allcargo does not
endorse any third party website, and does not accept any responsibility for the
existence, operation, content or use of such website.
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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 Allcargo's 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 party other than Allcargo; (3) may not
present misleading or false information about Allcargo, its services or
Content; (4) may not misrepresent Allcargo's relationship with the linking User
(or any third party); (5) may not create any implication or inference that
Allcargo endorses the linking User or its services (or any third party); (6)
may not use or reproduce Allcargo's logo, trade marks or name; (7) may not
provide or display any content that could be construed as obscene, libellous,
defamatory, distasteful, offensive, discriminatory, pornographic or
inappropriate in any other way; (8) may not display or provide materials,
content or anything else that might violate any laws of any jurisdiction or
infringe any Intellectual Property Right; and (9) must clearly indicate that
the Allcargo website is operated by Allcargo and is not controlled by or
otherwise associated or connected with the linked website, and that Allcargo's
terms and conditions apply in relation to any use of the Allcargo website.
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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. 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.
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6 |
Security |
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6.1 |
The User agrees to comply with any reasonable instructions Allcargo
may issue regarding the website's security.
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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 Allcargo or any
other users of the website, or any Allcargo customers or associated or
affiliated companies, being compromised.
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6.3 |
Both the User and Allcargo shall each 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 Allcargo
or the website.
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7 |
Liability
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7.1 |
Nothing in the General Website Terms shall exclude liability for
death or personal injury resulting from negligence or for fraud on the part of
Allcargo.
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7.2 |
Except as set out in the General Website Terms, Allcargo, its
affiliates, associates and agents shall have no liability whatsoever in respect
of the use of the Content, Services or website, howsoever arising.
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8 |
Miscellaneous
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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.
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8.2 |
Allcargo will not be liable for any loss (including without
limitation loss of profit), damage, delay or failure in performing any of its
duties relating to the General Website Terms caused in whole or in part by the
action of any government or governmental agency, natural occurrence, law or
regulation (or any change in the interpretation thereof), injunction, currency
restriction, sanction, exchange control, industrial action (whether involving
its staff or not), war, terrorist action, equipment failure, interruption to
power supplies or anything whatsoever beyond its reasonable control.
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8.3 |
The General Website Terms supersede all previous agreements,
communications, representations and discussions between the parties relating to
the website. No party will have a right of action against Allcargo arising from
any previous agreement, communication, representation and discussion in respect
of the website (except in the case of fraudulent misrepresentation), and
neither party has relied on any terms, warranties, representations or
conditions other than those expressly stated in the General Website Terms. No
modification or waiver of the General Website Terms shall be binding on
Allcargo unless it is in writing and agreed by an authorised representative of
Allcargo.
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8.4 |
References in the General Website Terms to 'in writing' or
'written' include communication by email or other electronic form. References
in the General Website Terms to the singular include the plural and vice versa.
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8.5 |
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.
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8.6 |
The rights of Allcargo 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. |
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8.7 |
The User may not assign, part with or otherwise transfer any right
or benefit under any provision of the General Website Terms without Allcargo's
prior written consent.
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8.8 |
Subject to clause 2, Allcargo may at any time and without notice or
liability change, improve or remove any Content or any Services available via
the website, or the General Website Terms.
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8.9 |
Allcargo 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.
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8.10 |
Allcargo's affiliates, 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 the General Website Terms, Allcargo does
so (to the extent of such provisions) not only on its own behalf but also as
agent and trustee for such persons.
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8.11 |
To the extent that clause 8.10 is not effective to give such
benefit to any Relevant Third Party, such Relevant Third Party 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 their terms, without the consent of any Relevant Third
Party.
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8.12 |
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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