WEBSITE TERMS OF USE – CONTAINER TRANSPORT OPERATORS (CTO’S) These terms of use relate to the website "http://www.containerchain.com" (the Website) and are to be read as part of our Carrier Access Arrangements for access to empty container parks (the Depot). Your use of the Website, the online empty container notification software (Software) on the Website and any information, materials and services provided on the Website is subject to the terms and conditions set out in these Terms of Use.
Access Arrangements
A. Containerchain Pty Ltd (Containerchain) is the operator of the Website which we use to provide you with the means to notify the Depot of an intention to pick up from or deliver an empty container to them.
B. Containerchain is an agent for the invoicing and collection of Container Fees from the Depot.
You must read and accept these Terms of Use before utilising the Software. By accepting these Terms of Use you are also accepting the terms of the Depots Carrier Access Arrangements.
1. SERVICES
1.1 The Website allows you to notify your intention to deliver or pick up empty containers from the Depot (Services).
1.2 You can notify your intention to arrive using the Software by logging on to your account and carrying out a transaction. You must ensure the information you submit for your transaction is accurate, current and complete.
1.3 Your transaction will be confirmed by the provision of a notification number once you have saved your notification in the Software. By saving the notification, you agree to comply with the Terms of Use and observe that notification and the Depots Carrier Access Arrangements.
1.4 You acknowledge and agree that we may, in our sole discretion, suspend or terminate the provision of the Services at any time.
2. ACCOUNT
2.1 Using the Website, you must first register your details (including, without limitation, your billing details) and an account will be set up for you.
2.2 You must not register multiple accounts.
2.3 You agree to provide accurate, current and complete information in order to establish an account. You agree to maintain and update your details when those details change. Your right to use the Services may be terminated or the system might not accept your notification if any of the information you provide is false, inaccurate or incomplete. You agree that your registration details for use in maintaining your account and billing will be stored in accordance with clause 5 of these Terms of Use.
2.4 Once an account has been established for you, you will be provided with an "Account ID", a "User ID" and a password (Your Account Information). Your Account Information is confidential and it is your responsibility to maintain its security and confidentiality. You must not permit your account to be used by any other person. You agree that you will be responsible for any unauthorised activity that occurs under your account as a result of your failure to keep Your Account Information confidential and secure.
2.5 You agree to notify us immediately of any unauthorised use of your account or Your Account Information or any other breach of security of your account. In that event, Containerchain, in our absolute discretion, suspend, terminate and/or establish a new account for you.
3. CONTAINER FEES
3.1 You agree to pay the Container Fees (plus all taxes applicable to those Container Fees) for all notifications you make using the Services.
3.2 Container Fees will be invoiced by Containerchain on behalf of the Depots on a monthly basis.
3.3 Invoices will be sent to the nominated email address in your account.
3.4 You must settle invoices in full within fourteen days from the date of invoice by making payment to Containerchain.
3.5 You agree that all Container Fees and taxes payable by you in accordance with these Terms of Use will be paid in Australian dollars (AUD$).
3.6 You must ensure that your billing details are valid.
4. USE OF WEBSITE
You must use the Website and Services only for the purposes set out in these Terms of Use and must not use the Website and/or Services:
(a) in breach of any applicable laws or regulations or otherwise for any unlawful or improper purpose;
(b) in a way which causes, or is likely to cause injury or damage to the Website and/or Software;
(c) in a way which, or might reasonably be expected to, interferes with, disrupts or creates an undue burden on the Website and/or Software; or
(d) to encourage or procure the performance of any illegal activity by a third party.
5. PRIVACY
5.1 Containerchain needs to collect personal information about you, primarily to provide you with the Services and access to the Website. This personal information includes, but is not limited to, your name and contact details.
5.2 In addition to the primary purpose for which Containerchain collects and uses your personal information, Containerchain may also use the personal information it collects, and you consent to Containerchain's use of that personal information:
(a) for purposes necessary or incidental to the provision of goods and services to you;
(b) to manage and enhance Containerchain's services;
(c) to communicate with you, including by email, mail or telephone;
(d) to verify your identity;
(e) to investigate you and your use of the Website and Services if Containerchain has reason to suspect that you are in breach of these Terms of Use or have otherwise engaged in unlawful activity; and/or
(f) as required or permitted by any law.
5.3 Containerchain may disclose your personal information, and you consent to it disclosing your personal information, to its related bodies corporate (Related Bodies Corporate) whereby your personal information will be collected, used, disclosed, managed and stored in accordance with these Terms of Use.
5.4 Containerchain may also disclose personal information, and you consent to Containerchain disclosing your personal information, to third parties:
(a) engaged by Containerchain to perform functions or provide goods or services on Containerchain's behalf;
(b) that are Containerchain's agents, business partners or joint venture entities;
(c) such as container depots for the purpose of fulfilling your booking for the delivery and pick up of empty containers;
(d) authorised by you to receive information held by Containerchain;
(e) as part of any investigation into you or your activities, for example, if
Containerchain has reason to suspect that you have committed a breach of any of these Terms of Use or have otherwise engaged in unlawful activity, and Containerchain reasonably believes that disclosure is necessary to police, any relevant authority or enforcement body, or your internet service provider or network administrator;
(f) as part of a sale (or proposed sale) of all or part of Containerchain's business; and/or
(g) as required or permitted by any law.
5.5 Containerchain will take all reasonable steps to protect the personal information Containerchain holds about you from misuse, loss or unauthorised access. You acknowledge that the security of online transactions you conduct using the Website cannot be guaranteed. Containerchain does not accept responsibility for misuse of or loss of, or unauthorised access to, your personal information where the security of that information is not within Containerchain's control.
5.6 You have the right to seek access to and update the personal information which Containerchain holds about you. You can seek access to and update your personal information by contacting Containerchain directly.
6. INTELLECTUAL PROPERTY
You acknowledge and agree that the Website, including the user interface and scripts and Software used to implement the Service, contains proprietary information and material that is owned by Containerchain and/or its licensors. You agree not to use such proprietary information or materials in any way except in accordance with these Terms of Use and that you do not have any right, title or interest in or to such proprietary information.
7. TAXES
7.1 Unless otherwise stated, fees and charges for any goods or services supplied (or offered for supply) under these Terms of Use are stated exclusive of GST. Where GST applies to any supply made to you, Containerchain will issue you with a Tax Invoice.
7.2 All defined terms in this clause 7 have the meaning given to them in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
8. WARRANTIES AND LIMITATION OF LIABILITY
8.1 Your use of the Website, Services and the Software is at your sole risk.
8.2 We do not make any representation or warranty that any information or material provided or displayed on the Website will be reliable, accurate or complete and Containerchain nor the Depot accept any responsibility arising in any way from any error or omission in or from information or material on the Website.
8.3 To the extent permitted by law, all conditions and warranties (whether express, implied or statutory) relating to your use of the Website or the Software are excluded.
8.4 To the extent that liability for breach of any implied warranty, term, condition or consumer guarantee cannot be excluded by law, liability for breach of that implied warranty, term, condition or consumer guarantee will be limited, at our sole discretion, to any one or more of the following:
(a) the supplying of the Services giving rise to the liability again; or
(b) the payment of the cost of having those Services supplied again.
8.5 In relation to any express warranty, term or condition set out in these Terms of Use in connection with services supplied or offered by us, our liability to you is limited to any amount paid by you (if any) in respect of those services.
8.6 To the extent permitted by law, neither Containerchain nor the Depot will be liable (whether in contract, tort or on any other basis in law or in equity) for any personal injury or any incidental, special, indirect or consequential loss or damage whatsoever, including damages for loss of profits, loss of data and business interruption arising out of or related to the use of, or inability to use, the Website and/or the Software.
9. SUSPENSION AND TERMINATION
9.1 You acknowledge and give Containerchain the right, in its sole discretion, to suspend or terminate your account or access to your account, if Containerchain believes:
(a) you have breached these Terms of Use; or
(b) circumstances exist beyond its reasonable control, including acts of any government or administrative body, war, insurrection, sabotage, embargo, fire, flood, strike or other industrial action, unavailability or interruption or delay in telecommunication services or third party services (Force Majeure Event) which prevent it from carrying out its obligations in accordance with these Terms of Use.
9.2 Without limiting clause 8, neither Containerchain nor the Depot will be responsible for any failure or delay in delivery of the Services where such failure is directly or indirectly caused by any of the following
(a) a Force Majeure Event;
(b) the failure of your internet connection;
(c) a domain name system issue beyond our direct control including, without limitation, the introduction of a computer virus, hacking into the Website by third parties and other forms of electronic sabotage; or
(d) any breach of these Terms of Use by you.
10. GENERAL
10.1 You acknowledge and agree that Containerchain may, from time to time, update, vary or amend these Terms of Use. If Containerchain updates, varies or amends these Terms of Use it will publish the updated, varied or amended Terms of Use on the Website and you agree to be bound by those Terms of Use.
10.2 Any provision of these Terms of Use which is prohibited or unenforceable in any jurisdiction is, where possible, to be severed to the extent necessary to make these Terms of Use enforceable. Any such severability does not invalidate the remaining provisions of these Terms of Use nor affect the validity or enforceability of that provision in any other jurisdiction.
10.3 No failure to exercise nor any delay in exercising any right, power or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.
10.4 These Terms of Use are governed by the laws of Australia and the parties submit to the non-exclusive jurisdiction of the courts of that country.