Dancer Logistics website / systems - general terms

1. Use of Dancer Logistics Website and Systems

1.1 These General Website Terms apply only to those parts of the http://www.dancer-logistics.com website, or any other website, electronic network or system operated or provided from time to time by Dancer Logistics: 

(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 Dancer Logistics.

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 Dancer Logistics 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 Dancer Logistics. 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 Dancer Logistics as principal or agent.

2.2 Dancer Logistics 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 Dancer Logistics’ standard terms and conditions for such services, as may be updated from time to time by Dancer Logistics. Copies of these standard terms and conditions may be obtained on request from the relevant Dancer Logistics 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 Dancer Logistics via the website, shall vest in Dancer Logistics 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 Dancer Logistics 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 Dancer Logistics. 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 Dancer Logistics 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 Dancer Logistics 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 Dancer Logistics will use all reasonable endeavours to ensure that the Content accurately reflects either (1) the relevant part of Dancer Logistics' records held on Dancer Logistics' computer systems or (2) information received from a party other than Dancer Logistics, subject to clause 4.2 below.

4.2 The Content is provided for information only, and Dancer Logistics 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, Dancer Logistics 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 Dancer Logistics against any claims, losses, actions, proceedings, damage or other liabilities suffered by Dancer Logistics 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.  Dancer Logistics 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 Dancer Logistics does not have any control over the content or operation of such website. Dancer Logistics 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 Dancer Logistics’ 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 Dancer Logistics; (3) may not present misleading or false information about Dancer Logistics, its services or Content; (4) may not misrepresent Dancer Logistics’ relationship with the linking User (or any third party); (5) may not create any implication or inference that Dancer Logistics endorses the linking User or its services (or any third party); (6) may not use or reproduce Dancer Logistics’ 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 Dancer Logistics website is operated by Dancer Logistics and is not controlled by or otherwise associated or connected with the linked website, and that Dancer Logistics’ terms and conditions apply in relation to any use of the Dancer Logistics 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 Dancer Logistics 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 Dancer Logistics or any other users of the website, or any customers of Dancer Logistics its affiliates, associates or agents, being compromised.

6.3 Both the User and Dancer Logistics 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 Dancer Logistics or the website.

7. Liability
7.1 Dancer Logistics, 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 Dancer Logistics, 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 Dancer Logistics, 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, Dancer Logistics, 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 Dancer Logistics 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 Dancer Logistics unless it is in writing and agreed by an authorised representative of Dancer Logistics.

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 Dancer Logistics 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 Dancer Logistics’ prior written consent.

8.9 Dancer Logistics 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 Dancer Logistics 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 Dancer Logistics’ affiliates (which term wherever used in the General Website Terms shall include all entities directly or indirectly owned or controlled by A.P. Møller – Mærsk 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, Dancer Logistics 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.