1. Use of Damco website
1.1. These terms apply to all parts of the Damco website at http://www.damco.com. The website is made available by Damco International BV and its authorised agents (in these terms, together “Damco”).
1.2. Any information, data, text, images, video or audio, or any other materials available from Damco via or generated by or posted to the website, or other services or facilities via the website, may only be accessed, browsed, downloaded, requested or received by any user 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 “Terms”). Access to or use of the website or the content or services by the user shall be deemed to constitute acceptance of and agreement to these terms by the user.
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 these Terms as if it were the User. The User warrants and represents that he/she is authorised by any such party to bind that party to these terms.
2. Status of Terms
2.1. Other than as set out in clauses 2.2 to 2.4 below, these terms shall not affect or form part of the terms of any quotation or contract for freight forwarding services with Damco. “Transport Services” includes, without limitation: ocean freight and airfreight, as well as other land-based cargo handling such as trucking, customs house brokerage, and freight or transportation management services.
2.2. Damco transport services are provided by Damco and/or its authorised agents, and not by any other party.
2.3. Damco shall use reasonable endeavours to respond to any query or request for quotation received via the website, but shall not be responsible for any delay in so responding.
2.4. Any quotation or contract for transport services is provided in accordance with and subject to Damco’s published tariff and bill of lading terms and conditions, as may be updated from time to time by Damco. Copies of the bill of lading terms and conditions are available on the website.
3. Intellectual Property Rights and 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 the future (“Intellectual Property Rights”) and similar rights and interests in all domain names, trade marks, logos or branding appearing on the website or 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 the website and the Content and Services available via the website only for the purposes reasonably anticipated by the website, or otherwise as might reasonably be expected in the course of any relationship with Damco, and in accordance with any requirements from time to time on the website. The User may not access restricted areas of the website unless the User has obtained appropriate authorisation and a password (or other access device) from Damco. 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; or (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 irrevocably authorises Damco and its licensees to use any User Materials for all reasonable business purposes, including without limitation: copying, amending, incorporating into 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. The User agrees to take any required steps (including completing documentation) in any jurisdiction to give effect to this clause.
3.4. 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 the rights of third parties.
4.1. Damco will use all reasonable endeavours to ensure that the Content accurately reflects either: (1) relevant records held on Damco’s 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 informative purposes only, and Damco makes no warranties, representations, guarantees or undertakings that any part of it is accurate, sufficient, error-free, complete or up-to-date at the time it is accessed. The User should make his own enquiries to satisfy himself of the accuracy and completeness of any Content before relying on it.
4.3. Except as set out in these Terms, Damco shall have no liability for any breach of an implied warranty or term, including (without limitation) any breaches 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 that User Materials do not infringe any intellectual property or other rights 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 Damco against any claims, losses, actions, proceedings, damages or other liabilities suffered by Damco as a result of any actual or potential breach by the User of its obligations.
5. Hyperlinked websites
5.1. The website may contain links or references to websites operated by third parties. Damco makes no warranties or representations whatsoever regarding any third party websites. All third party websites are wholly separate and independent from this website and Damco does not have any control over the content or operation of such websites. Damco does not endorse third party websites, and does not accept any responsibility for the existence, operation, content, or use of such third party websites.
5.2. A User may hyperlink to any unrestricted area of the website provided that the User complies with the following terms or any other terms posted on the website from time to time.
5.3. The User may not: (1) replicate in any way any Content appearing on the website unless with Damco’s prior written agreement; (2) 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) present misleading or false information about Damco, its services or Content; (4) misrepresent Damco’s relationship with the linking User (or any third party); (5) create any implication or inference that Damco endorses the linking User or its services (or any third party or its services); (6) use or reproduce Damco’s logo, trademarks or name; (7) contain or display any content that could be construed as obscene, libellous, defamatory, distasteful, offensive, pornographic, or inappropriate in any other way; (8) contain materials, content or anything else that might violate any laws of any jurisdiction.
5.4. The User 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’s terms and conditions apply in relation to any use of the Damco website.
5.5. On request, any User must immediately remove any link placed on or linking to any area of the website. The User shall not permit any third party to access or retrieve information from the website on the User’s behalf.
5.6. The User may not run software programs, scripts, macros or any other similar materials against or in relation to any part of the website. The User may not take any action to 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.
6.1. The User agrees to comply with any reasonable instructions Damco may issue from time to time regarding security of the website.
6.2. The User must ensure that he does not compromise the security of the website or systems or the security of Damco or any other users of the website or any customers of Damco and its affiliates, associates or agents in any way.
6.3. Both the User and Damco shall each take all reasonable precautions to ensure that communications are not affected by computer viruses or other destructive or disruptive components, and to ensure no such components are transmitted to Damco, the website or the User, or via the website.
7.1. Damco, its affiliates, associates and agents shall have no liability whatsoever in respect of any 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 representation made or published in relation to any Content, Services or the website.
7.2. The total liability of Damco, 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 these 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 not bring and shall ensure that no claims are brought against Damco, its affiliates, associates and agents, for amounts exceeding the aggregate limit of liability set out in clause 7.2.
7.4. The User is advised to obtain where appropriate, insurance cover at his own cost, to prevent any losses exceeding the limit set out in clause 7.2 above.
7.5. Nothing in these Terms shall exclude liability for death, personal injury or fraud.
7.6. Except as set out in these Terms, Damco and its affiliates, associates and agents shall have no liability whatsoever in respect of the use of the Content, Services or website, howsoever arising.
8.1. Use of the 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 by relevant laws or regulations in the User’s jurisdiction.
8.2. Damco 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 any 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 Terms supersede all previous agreements, communications, representations and discussions between the parties relating to the website, Content or Services.
8.4. Any purported modification or waiver of these Terms shall not bind Damco unless it is in writing and signed by an authorised representative of Damco.
8.5. References in these Terms to ‘in writing’ or ‘written’ include communication by email or other electronic form.
8.6. Each of the provisions of these Terms is severable from the others and if one or more of them is void, illegal or unenforceable, the remainder shall not be affected in any way.
8.7. The rights of Damco under these 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 sell, assign, or otherwise transfer or part with any right or benefit conferred by any provision of these Terms without Damco’s prior written consent.
8.9. Damco may change or remove any part of the website, Content or Services or change these Terms at any time without prior notice. The User agrees to periodically review the website and these Terms so that he is aware of any changes.
8.10. 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.
8.11. Damco and their respective agents, associates and affiliates (“Relevant Parties”) shall have the benefit of all provisions in these Terms expressed to be for the benefit of “Damco” as well as the law and jurisdiction clause
8.12. In entering into this agreement, A.P. Møller - Maersk A/S does so (to the extent of such provisions) not only on its own behalf but also as agent and trustee for such persons.
8.13. To the extent that clause 8.11 is not effective to give such benefit to any Relevant Parties, A.P. Møller - Maersk A/S may enforce such provisions in its own name pursuant to the Contracts (Rights of Third Parties) Act 1999. These Terms may be varied or rescinded by agreement or in accordance with its relevant provisions, without the consent of any Relevant Third Party.
8.14. These 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 these Terms, shall be subject to the exclusive jurisdiction of the English courts.