1. Agreement
1.1. This agreement (“Agreement”) comprises:
(1). the terms set out below and any additional instructions or terms appearing on the Website in relation to Services (together, the “Registered User Terms”); and
(2). any other terms from time to time agreed in writing between Damco and the Registered User (including any written Spective user agreement) which apply to the access to or use of the Website or particular Services (“Special Terms”)
1.2. It is made between:
(1) Damco; and
(2) the Registered User.
1.3. In consideration of (inter alia) the Registered User agreeing to accept these Registered User Terms, Damco agrees to permit the Registered User, and any Individual User authorised by the Registered User pursuant to the terms of this Agreement) to use the Passwords and such parts of the Website, Content and Services as the parties agree, on the terms of this Agreement.
1.4. This Agreement shall not affect, or form part of, the terms of any contract for Logistics Services. The expression “ Logistics Services” means any physical, management and/or business process services and/or activities undertaken by Damco (including any carriage, handling and/or storage of goods, or other logistics and/or cargo management services) other than through use of this Website.
1.5. Logistics Services are subject to Damco’ standard trading conditions, copies available upon request or at www.maersklogistics.com. In the event of conflict between this Agreement and such standard trading conditions, this Agreement shall prevail.
2. Definitions
2.1. For the purposes of this Agreement:
2.1.1. “Content” means any message, information, statement, report, forecast, document, data or other materials available or generated from or via the Website and/or Services (including any “Alert” message, and Content in any form including without limitation e-mail, EDI, or other message transmitted by electronic means);
2.1.2. “Individual User” means any individual person using the Website, on behalf of or who is introduced or authorized by the Registered User or, where relevant, a Non-User Partner;
2.1.3. “Intellectual Property Rights” means 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 the future;
2.1.4. “Damco” means Damco A/S and includes any company directly or indirectly owned by A.P. Møller – Mærsk A/S including without limitation all companies trading under the name ‘Damco’);
2.1.5. “Non-User Partner” means any third party (other than an Individual User) introduced or authorized by the Registered User and which
(a) links, accesses or integrates with the Website;
(b) receives or relies on Content; and/or
(c) provides User Materials.
2.1.6. “Password” means a password and/or user identification, or other security device or measure, issued by Damco from time to time to an Individual User or Registered User, for use by one or more Individual Users, that must be used to access and use the Services;
2.1.7. “Services” means any activities, services or facilities requested, made available or received via the Website (including any activities, services or facilities set out in any Special Terms and any report, forecast or statement created from or using any Content);
2.1.8. “Registered User” means the company or other entity on whose behalf or instruction any Individual User or any other individual person accesses or uses the Website or Services, including the company or other entity named in the ‘Partner Name’ field on any access request or Password application form for Services, or which otherwise has or obtains one or more Passwords for use by one or more Individual Users; and including the employer of any Individual User;
2.1.9. “User Materials ” means information, data, content or materials (in any form, including without limitation fax, scanned or electronic document) posted or sent at any time by the Registered User, Individual Users, or any Non-User Partner or other third party, to the Website, from any source whatever and whether by electronic interface, e-mail or other connectivity
2.1.10. "Website" means those parts of spective.maersk-logistics.com and any other website on which the Spective system is operated by Damco, which require a Password for access.
3. Authorisation to use the Website; Individual Users and Non-User Partners
3.1. The Registered User agrees to access and use the Website and Services only via an Individual User using a Password.
3.2. The Registered User shall, and shall ensure that Individual Users:
3.2.1. only use Passwords to access and use the Services and the Content on behalf of the Registered User;
3.2.2. observe any agreement with Damco in connection with the Website, and only access and use the Services and the Content in accordance with the restrictions and conditions set out in this Agreement and with any procedures from time to time in force on the Website; and
3.2.3. Maintain the confidentiality of any information obtained using the Services
3.3. Damco is not liable for any delay or loss caused by the mis-use or mis-application of a Password.
3.4. If any of the Individual Users ceases to be authorised to use any of the Services or Content on behalf of the Registered User, the Registered User must (1) notify Damco immediately; (2) procure that the relevant Individual User ceases to use the relevant Password issued to him and any part of the Services or Content; and (3) destroy or delete all copies of the relevant Password and any accompanying documentation supplied in relation to the use of that Password in whatever form in its possession or control.
3.5. A Registered User may be unable to access or use any Services unless the Registered User installs/implements and maintains appropriate communication facilities (including software and hardware meeting the minimum requirements from time to time notified by Damco on the Website or otherwise) however, Damco does not warrant that the Registered User’s or Individual User’s local set-up ensures access or operation. The Registered User shall ensure that any party using such Services on its behalf obtains any consents and/or licences required by law for such use.
3.6. The Registered User undertakes to procure full compliance with the terms of this Agreement by any Non-User Partner introduced or authorized by that Registered User, as if such Non-User Partner was named as ‘Registered User’ throughout this Agreement mutatis mutandis.
4. Communications
4.1. Damco may treat any apparently valid instruction, notification, information or communication (including any ‘Note’) in the form received by the Website apparently from Individual Users (“Communication”) as properly authorised by and legally binding upon the Registered User.
4.2. The Registered User is fully and solely responsible for the content, accuracy, timeliness and completeness of all Communications, whether from the Registered User or from any Individual User, and for ensuring that they achieve the Registered User’s intended purpose, including complete identification of the intended recipient, and that they are transmitted correctly and timely.
4.3. Damco is not liable for any delay or loss arising in respect of any Communication, including where the contents of a Communication are inaccurate, incomplete or where a Communication is not received, or there is a delay in receipt, by the Website or the intended recipient.
5. Passwords and Security
5.1. The Registered User agrees to comply and undertakes that Individual Users will comply with any reasonable instructions Damco may issue to it or them regarding the Website’s security. The Registered User shall implement, maintain and keep current appropriate security arrangements concerning its and Individual Users’ access to and use of the Website, Services, Content and information stored on the Registered User’s and its Individual Users’ computer systems. The Individual User, the Registered User and Damco shall each take reasonable precautions to ensure that its 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 Damco or the Website.
5.2. Damco shall apply commercially reasonable security measures in relation to the Website. The Registered User confirms that the level of security provided by the proper use of the Passwords is adequate to protect its interests.
5.3. The Registered User must not itself, nor permit any Individual User or other third party to:
(i) copy, manufacture, modify, duplicate or prepare derivative works from;
(ii) reverse engineer, disassemble, reverse compile, decompile or otherwise interfere with or publish or make available to any third party; or
(iii) attempt to derive source code, algorithms, or the internal structure or organisation from
the Password, the Website, or any other system, software, data, tools or facilities made available to or obtained by them in connection with the Website or the Services.
5.4. The Registered User must notify and must procure that any Individual User shall notify Damco as soon as reasonably possible upon becoming aware of any actual or attempted unauthorised access to the Website or any unauthorised transaction or attempt to execute an unauthorised transaction in connection with this Agreement, or any other circumstance that might be reasonably likely to result in any prejudice to the security of the Website or Password.
5.5. The Registered User shall not and shall ensure that Individual Users, the employees and other representatives of the Registered User do not do anything during or after the term of this Agreement which may result in the security of the Website, Services, Content and Passwords or the systems or security of Damco or any other parties, being compromised.
6. Intellectual Property Rights and User Materials
6.1. Ownership of all 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 shall vest in Damco or its licensors.
6.2. The Registered User and any Individual User may use this Website, the Content and Services only for the purposes reasonably anticipated, and in accordance with any procedures from time to time in force, on the Website, or as otherwise might reasonably be expected in the course of its relationship with Damco. The Registered User may not and shall not permit the Individual User to (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 or indecent; (3) use the Website for the purpose of or as a means to send ‘flame’ or ‘spam’ emails.
6.3. The Registered User, for itself and on behalf of any Individual User hereby irrevocably authorises Damco to use any User Materials for all reasonable business purposes, including without limitation (but subject to clause 6.4 below) processing, handling, copying, amending, incorporating in other materials, publishing or otherwise providing to third parties including any Non-User Partners (and permitting such third parties to similarly use and sublicense the User Materials) for the Services and/or the purposes reasonably anticipated in any Special Terms, on the Website or otherwise in the course of the relationship between Damco and the Registered User.
6.4. Notwithstanding the above, Damco shall take commercially reasonable precautions against the loss or disclosure of the relevant User Materials to any unauthorised third parties. Damco will however have no liability for any loss of such User Materials, or any unauthorised disclosure or access to such data as further provided and subject to the terms of clauses 7 and 9.
6.5. Any Intellectual Property Rights arising out of the use by Damco of any User Materials shall vest in Damco or its licensors.
6.6. Damco does not warrant or represent that the Registered User’s, Individual Users’ or any other party’s use of the Website, Content or the Services will not infringe rights of third parties.
7. Warranties
7.1. Damco will use commercially reasonable endeavours to make the Services available to the Registered User via the Website and to ensure that the Services are provided in substantial conformity with their description in this Agreement.
7.2. Damco will use reasonable endeavours to ensure that the Content (where relevant) accurately reflects either (1) the relevant part of Damco' records held on Damco' systems or (2) information received from a party other than Damco, subject to clause 7.3 below.
7.3. The Content is provided for information only, and Damco makes no warranties or representations at all in relation to the quality, accuracy, availability, completeness or timeliness of the Website, any Content or any Services.
7.4. The Registered User is responsible for the timeliness, accuracy and completeness of any User Materials. The Registered User shall ensure that 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.
7.5. The Registered User warrants that it will procure that any Individual User and/or Non-User Partner fully complies with the terms of this Agreement and fully and completely indemnifies Damco against all or any claims of whatever nature made by an Individual User or Non-User Partner against Damco.
8. Hyperlinked websites
8.1. The Website may contain certain links or references to websites operated by third parties. Damco does not endorse any third party website, and does not accept any responsibility for the existence, operation, content, or use of third party website.
8.2. The Registered User shall not and shall ensure that the Individual User does not insert hyperlinks to any area of the Website.
9. Liability
9.1. Damco shall have no liability whatsoever in respect of the use of the Content, Services or this Website, howsoever arising, for:
9.1.1. economic loss in any form, such as indirect or consequential loss or damage, business interruption, loss of profit or loss of business or customers;
9.1.2. special or punitive damages;
9.1.3. loss of data (including loss or unauthorised disclosure of any User Materials or Content)
9.1.4. delay; or
9.1.5. any decision made, or action taken, in reliance on any information or other statements contained in or obtained via any Content, Services or the Website.
9.2. Damco will not be liable for any loss, damage, delay or failure in performing any of its duties relating to this Agreement 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.
9.3. The total liability of Damco to the Registered User, Individual User, Non-User Partner, and any person acting on any of their behalf, howsoever arising out of or in connection with this Agreement and/or the Website, Services or Content (including in relation to negligence) in aggregate, in respect of any claim, or series of connected claims arising out of the same cause in any period of 12 months, shall not exceed USD 10,000 (United States Dollars Ten Thousand)
9.4. The Registered User shall ensure that no claims for more than the aggregate limit of liability set out in clause 9.3 are brought against Damco, and shall indemnify Damco against any such claim which is nonetheless brought.
9.5. The Registered User is advised to obtain if it considers appropriate insurance cover at its cost, in particular for any loss exceeding the limit set out in clause 9.3 above.
9.6. The Registered User shall indemnify and hold harmless Damco against any claims, losses, actions, proceedings, damage or other liabilities whatsoever (including damages or compensation paid by any of them to compromise or settle a claim), and all legal costs or other expenses, suffered by Damco arising out of:
(a). any actual or potential breach by the Registered User or any Individual User of any duties or obligations (including negligence) owed by the Registered User or any Individual User to Damco relating to this Agreement, the Website, the Services or Content;
(b). any actual or potential breach by a Non-User Partner (or any of the Individual Users of a Non-User Partner) of any duties or obligations (including negligence) owed by the Non-User Partner or any of its Individual Users to Damco relating to this Agreement, the Website, the Services or Content;
(c). the content of, or use or receipt by Damco of any User Materials
9.7. Nothing in this Agreement shall exclude or limit liability for death, personal injury or fraud to the extent not permitted by law.
9.8. Except as set out in this Agreement, Damco shall have no liability whatsoever in respect of Passwords, Services, Content or the Website howsoever arising (including, without limitation, under any implied term of this Agreement).
10. Termination and Suspension
10.1. Subject to clause 10.2 below, Damco may (in its discretion) terminate all or part of any Registered User’s and/or Individual User’s and/or Non-User Partner’s access to or use of the Website, Services, Content, a Password or all or part of this Agreement:
10.1.1. immediately on giving written notice if:
(1). the Registered User is in material or persistent breach of any provision of any part of this Agreement, or any agreement for Logistics Services (including failure to make any payment when due) and, in the case of breaches that may be remedied, fails to remedy that breach within 14 days of request; or
(2). in relation to the Registered User if an order is made or a resolution is passed for its winding up or for the appointment of an administrator to manage its affairs, business and property, or if it enters into any other formal or informal bankruptcy or insolvency process in any jurisdiction, other than for the purpose of corporate reorganisation; or
10.1.2. on giving 14 days written notice.
10.2. Notwithstanding any other provision in this Agreement or any Special Terms, Damco may terminate all or part of any Registered User’s and/or Individual User’s and/or Non-User Partner’s access to or use of the Website, Services, Content, a Password, or all or part of this Agreement, on giving 6 months’ written notice, if the Registered User ceases, or substantially ceases (in the sole opinion of Damco) to use Damco for Logistics Services.
10.3. The Registered User may terminate this Agreement:
10.3.1. immediately on giving notice if:
(1) Damco is in material or persistent breach of any provision of this Agreement and, in the case of breaches that may be remedied, fails to remedy that breach within 14 days of written request; or
(2) in relation to Damco (meaning, in this clause 10.3.1 only, A.P. Møller – Mærsk A/S and any company within the definition ‘Damco’ which has entered into Special Terms), an order is made or a resolution is passed for its winding up for the appointment of an administrator to manage its affairs, business and property or if it enters into any other formal or informal bankruptcy or insolvency process in any jurisdiction, other than for the purpose of corporate reorganisation; or
10.3.2. on giving 14 days written notice.
10.4. From time to time Damco may suspend some or all access to or use of the Website, Content, Services or a Password for scheduled or unscheduled routine, non-routine or emergency maintenance, or for any other reason where Damco reasonably considers it necessary to do so.
10.5. Termination of all or part of this Agreement will not affect the rights and remedies of the parties accrued prior to termination, nor affect any provision intended to continue after termination.
11. Miscellaneous
11.1. If a conflict arises between
(a). this Agreement and the General Website Terms, this Agreement shall prevail to the extent of that conflict;
(b). these Registered User Terms and any Special Terms, those Special Terms shall prevail to the extent of that conflict, except clause 10.2 above, which shall always prevail over any Special Terms.
11.2. Use of Passwords, the Website, the Services or the Content may be subject to certain legal or regulatory requirements in particular jurisdictions. The Registered User and the Individual User may only access or use the Passwords, Website, Services or Content to the extent such access or use is permitted in the jurisdiction in which they access or use the Passwords, Website, Services or Content.
11.3. Damco may make modifications to any part or aspect of the Website or this Agreement at any time (including the addition of new products, Content or Services) with or without prior notice. Such modifications will be published on the Website. The Registered User agrees periodically to review this Agreement to ensure that it is aware of any modifications. Continued use of the Website seven days after such modifications have made will constitute acceptance by the Registered User of the modified terms.
11.4. Damco may give notice under this Agreement in writing to the Registered User or to any Individual User by e-mail, fax or otherwise in writing. Service of any notice on the Individual User shall (if applicable) also be deemed to be service on the Registered User.
11.5. This Agreement supersedes all previous agreements, communications, representations and discussions between the parties relating to the Website.
11.6. No modification or waiver of this Agreement shall be binding on Damco unless it is in writing and agreed by an authorised representative of Damco.
11.7. References in this Agreement to ‘in writing’ or ‘written’ include communication by email or other electronic form.
11.8. Each of the provisions of this Agreement 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.
11.9. The rights of Damco under this Agreement may be exercised as often as necessary and are cumulative and not exclusive of their rights under any applicable law. Any delay in the exercise or non-exercise of any such right is not a waiver of that right.
11.10. The Registered User may not assign, part with or otherwise transfer any right or benefit under any provision of this Agreement without Damco’ prior written consent.
11.11. Damco 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 Registered User or Individual User or the use of the Website, Content or Services.
11.12. For the avoidance of doubt, other than may be set out in this Agreement, this Agreement does not confer any right on any other third party.
12. Law and Jurisdiction
The parties agree that this Agreement shall be governed by and construed in accordance with English law. Any dispute shall be settled by arbitration in London in accordance with the UK Arbitration Act and the arbitration rules of the London Court of International Arbitration then in force.
General website terms
1. Use of SPECTIVE Website
1.1. These General Website Terms apply only to those parts of the Spective website which do not require a password and/or user identification or other security device or measure for access. The term “website” means and includes spective.maersk-logistics.com and any other website on which the Spective system is operated by Damco.
1.2. This website is made available by Damco A/S (“Damco” which expression shall also include all entities directly or indirectly owned or controlled by A.P. Møller – Mærsk A/S, including without limitation all companies trading under the name “Damco” ).
1.3. Any party accessing or browsing this website or downloading or using any information, data, text, images or any other materials available from Damco 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 company) 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. This Agreement shall not affect, or form part of, the terms of any contract for Logistics Services. The expression “ Logistics Services” means any physical, management and/or business process services and/or activities undertaken by Damco including carriage, handling and storage of goods, logistics and cargo management services, advice and information services, and customs house brokerage, which are provided other than through use of this website.
2.2. Logistics Services are subject to Damco’ standard trading conditions, copies available upon request or at www.maersklogistics.com. In the event of conflict between this Agreement and such standard trading conditions, this Agreement shall prevail
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 Damco via the website, shall vest in Damco 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 Damco 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 Damco and such use shall be subject to such further terms and conditions as shall be agreed between the parties. 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 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 or other rights in any information, data or other content or materials posted by the User to the website (“User Materials”). The User hereby irrevocably authorises Damco 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. The User shall not remove or modify any copyright notices, proprietary notices or similar designations included on the website.
3.5. Damco 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. Damco will use reasonable endeavours to ensure that the Content accurately reflects either (1) the relevant part of Damco' records held on Damco' computer systems or (2) information received from a party other than Damco, subject to clause 4.2 below.
4.2. The Content is provided for information only, and Damco 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, Damco shall have no liability for breach of any implied warranty or term that might otherwise apply including (without limitation) in relation to the operation, availability, 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 the 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 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 Damco against any claims, losses, actions, proceedings, damage or other liabilities suffered by Damco 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. Damco 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. 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 Damco’ 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 Damco; (3) may not present misleading or false information about Damco, its services or Content; (4) may not misrepresent Damco’ relationship with the linking User (or any third party); (5) may not create any implication or inference that Damco endorses the linking User or its services (or any third party); (6) may not use or reproduce Damco’ logo, trade marks or name; (7) may not contain or display any content that could be construed as obscene, libellous, defamatory, distasteful, 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 Damco website is operated by Damco and is not controlled by or otherwise associated or connected with the linked website, and that Damco’ terms and conditions apply in relation to any use of the Damco website. The User hereby fully and completely indemnifies Damco against all or any claims by any third party arising directly or indirectly out of the existence of a hyperlink placed in an unrestricted area by that User.
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 Damco 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 Damco or any other users of the website, or any customers of Damco being compromised.
6.3. Both the User and Damco shall take 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 Damco or the website
7. Liability
7.1. Damco 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, business interruption, loss of profit or loss of business or customers;
7.1.2. special or punitive damages;
7.1.3. loss of data (including loss or unauthorised disclosure of any User Materials or Content);
7.1.4. delay; or
7.1.5. any decision made, or action taken, in reliance on any information, User Materials or other statements on or obtained via any Content, Services or the website.
7.2. Damco 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.
7.3. The total liability of Damco 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).
7.4. The User shall ensure that no claims for more than the aggregate limit of liability set out in clause 7.3 are brought against Damco, and shall indemnify Damco against any such claim which is nonetheless brought.
7.5. 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 7.3 above.
7.6. Nothing in the General Website Terms shall exclude liability for death, personal injury or fraud.
7.7. as set out in the General Website Terms, Damco 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. These General Website Terms supersede all previous agreements, communications, representations and discussions between the parties relating to the website, Content or Services.
8.3. No modification or waiver of these General Website Terms shall be binding on Damco unless it is in writing and agreed by an authorised representative of Damco.
8.4. References in the General Website Terms to ‘in writing’ or ‘written’ include communication by email or other electronic form.
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.
8.6. The rights of Damco 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.
8.7. The User may not assign, part with or otherwise transfer any right or benefit under any provision of the General Website Terms without Damco’ prior written consent.
8.8. Damco 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.
8.9. Damco 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.
8.10. 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 settled by arbitration in London in accordance with the UK Arbitration Act and the arbitration rules of the London Court of International Arbitration then in force.
