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Use of the Allcargo Global Logistics Ltd.
Website
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.
This website is made available by Allcargo
Global Logistics Ltd (“Allcargo”). 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.
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.
Status of
General Website Terms
The General Website Terms shall not affect,
or form part of, the terms of any contract
with Allcargo.
Copyrights/Other Rights
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
persons specifically authorised in writing,
by Allcargo for the purpose.
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 rules,
regulations, 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 in any manner whatsoever
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.
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)
anywhere in the world any such User
Materials. The User agrees to take any steps
(including filling, completing or uploading
any further document) that may be
statutorily, contractually or otherwise
required in any jurisdiction to give effect
to this clause.
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.
Errors
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.
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.
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
Hyperlinked
websites
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.
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 shall not, except with
Allcargo's prior written agreement,
replicate in any way any Content appearing
on the website; (2) shall 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)
shall not present misleading or false
information about Allcargo, its services or
Content; (4) shall not misrepresent
Allcargo's relationship with the linking
User (or any third party); (5) shall not
create any implication or inference that
Allcargo endorses the linking User or its
services (or any third party); (6) shall not
use or reproduce Allcargo's logo, trade
marks or name; (7) shall 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) shall not display or provide
materials, content or anything else that
might violate any law 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.
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.
Security
The User agrees to comply with any
reasonable instructions Allcargo may issue
regarding the website's security.
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.
Both the User and Allcargo 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 Allcargo or the
website.
Liability
Except as set out in the General Website
Terms, in no event shall Allcargo, its
affiliates, associates or any other entity
associated with Allcargo be liable for any
damages whatsoever (including, without
limitations, incidental and consequential
damages, lost profits, or damage to computer
hardware or loss of data or business
interruption) resulting from the use or
inability to use the Web Site or the Web
site material, whether based on warranty,
contract, tort, or any other legal remedy.
Miscellaneous
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.
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 any force majeure or any
other situation whatsoever beyond its
reasonable control.
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 shall rely 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.
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.
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.
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.
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.
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.
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.
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.
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 as it may deem fit. 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.
The General Website Terms shall be subject
to Indian 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 courts
of Mumbai, India. |
