User Terms
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.
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