Welcome to Chennai Container Terminal
ACCEPTENCE OF TERMS
DP World Chennai eForm13 (“Website”) is the website operated by Chennai Container Terminal Private Limited (“DP World Chennai”), a company incorporated under the laws of India, with its registered office at Darabshaw House, Level 1, N.M. Marg, Mumbai 400 001.
Through the Website, DP World Chennai shall provide to you (the “User”) all container related information, including container tracking information and container related reports (“Service”). This Service may be availed by the User, at any time, while the registration is valid and effective.
This User Agreement (“Agreement”) sets out the terms and conditions on which DP World Chennai shall provide the Service to the User. This Agreement forms a legally binding agreement between you and DP World Chennai in relation to your use of the Website and the Service.
MODIFICATION OF TERMS
Use of the Website is offered to the User contingent on the unconditional acceptance, without modification of all the terms, conditions and notices contained in this Agreement, as posted on the Website and modified from time to time. For the removal of doubt, it is clarified that use of the Website by the User constitutes an acknowledgement and acceptance by the User of this Agreement. If the User does not agree with any part of such terms, conditions and notices, the User must not use the Website.
Presently, the Service is being offered by DP World Chennai to its customers, free of charge. However, DP World Chennai reserves the right to charge fees in the future for the Service, without notice.
DP World Chennai reserves the right to change the terms, conditions and notices under which the Service is offered, without notice, including the charges for the Service as well as the features of this Service. The User shall be responsible for regularly reviewing these terms and conditions.
The User understands and agrees that if the Service is used after the date on which such changes have been effected; DP World Chennai will treat such use as acceptance of the modified terms.
DP World Chennai recognizes that privacy is important.
All information provided to DP World Chennai by visitors and registered users to DP World Chennai is considered to be confidential.
DP World Chennai offers a Service that requires the User to register for an account and provide any personal information and the User grants DP World Chennai the right to disclose to third parties the this personal information to the extent necessary for the purpose of carrying out the Service.
DP World Chennai will not disclose personal information to any third party except as may be required for the provision of the Service, to provide personalized elements on the Website, to prepare a better future content base in the interests of the User, to develop new services, for auditing, research and analysis to operate and improve the Service and the Website or as may be required by law.
DP World Chennai gives you a personal, worldwide, royalty-free, non-assignable and nonexclusive licence to use the Website/Service, for the sole purpose of enabling you to access information and reports on your containers in accordance with the terms of this Agreement.
The User agrees and undertakes to not (and not permit anyone else to) use or exploit this Website for any other purposes, unless expressly authorized by DP World Chennai.
The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that it is for the internal use of the User. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or noncommercial purposes and unwarranted modification of data and information of the content of the Website is not permitted.
PROHIBITION AGAINST UNLAWFUL USE
As a condition of the use of the Website, the User warrants that it will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement, both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.
USER'S OBLIGATIONS AND USER ACCOUNT
In consideration of use of the Website, the User represents and confirms that the User is of legal age to enter into a binding contract and is not a person barred from using the Website and/or receiving the Service under the laws of India or other applicable law.
The User also understands that the Service may include certain communications from DP World Chennai as service announcements and administrative messages. The User understands and agrees that the Service is provided on an "as is" basis and that DP World Chennai does not assume any responsibility for deletions, mis-delivery or failure to store any user communications or personalized settings.
Registration of the User on the Website is compulsory. Upon completion of the registration process, the User shall receive a user id and password.
The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id. Further, the User agrees not to use any other party’s under id and password for any purpose whatsoever without proper authorization from such party.
The User is responsible for the security of its own password and for all transactions undertaken by use of such password or user id. DP World Chennai will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your id/password.
The User also agrees and undertakes to immediately notify DP World Chennai of any unauthorized use of the User's password or user id and to ensure that the User logs off at the end of each session on the Website. DP World Chennai shall not be responsible for any, direct or indirect, loss or damage arising out of the User's failure to comply with this requirement.
The User also agrees to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form on the Website; and (b) maintain and promptly update such personal information to keep it true, accurate, current and complete. If the User provide any information that is untrue, inaccurate, not current or incomplete or DP World Chennai has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DP World Chennai has the right to suspend or terminate the User's registration and refuse any and all current or future use of the Website and/or any Service.
The User acknowledges and agrees that the Service may contain information which is designated confidential by DP World Chennai and that the User shall not disclose such information without DP World Chennai’s prior written consent.
Unless the User has agreed otherwise in writing with DP World Chennai, nothing in this Agreement shall give the User a right to use any of DP World Chennai’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
The User agrees that it shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained on the Website.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
DP World Chennai has endeavored to ensure that all the information on the Website is correct, but DP World Chennai neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. DP World Chennai makes no warranty, express or implied, concerning the Website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of service or non-infringement of third party rights, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to the User, any other user or any other person, arising out of or from the use of the information contained in the Website.
The User expressly understands and agrees that the use of the Website/Service is at its sole risk and that the service is provided "as is" and “as available.”
In particular, DP World Chennai does not represent or warrant to the User that:
(a) use of the Website/Service will meet its requirements,
(b) use of the Website/Service will be uninterrupted, timely, secure or free from error,
(c) any information obtained as a result of use of the Website/Service will be accurate or reliable.
Although DP World Chennai makes reasonable commercial efforts to ensure that the description and content on each page of the Website is correct, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by the User, any other user or any other person due to any information contained herein. The Website may contain inadvertent inaccuracies or typographical errors. These will be corrected at DP World Chennai's discretion from time to time. The information on the Website is updated regularly, but inaccuracies may occur. Some of the information accessed through the Website may originate outside of DP World Chennai. As a result, DP World Chennai excludes any obligation or responsibility for the content.
DP World Chennai does not endorse any advertiser on its Website in any manner. The User is requested to verify the accuracy of all information on its own before undertaking any reliance on such information.
In no event shall DP World Chennai be liable for damages - direct, indirect, punitive, incidental, special, consequential damages or any other damages, resulting from: (a) the use or the inability to use the Service or any delay in the access to the Website; (b) unauthorized access to or alteration of the User's transmissions or data; (c) any other matter relating to the Service; including, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or any reliance placed on the completeness, accuracy or existence of the information; (d) any reliance placed on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between the User and any advertiser or sponsor whose advertising appears on the Service; (e) any changes which DP World Chennai may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service); (g) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through the User’s use of the Service; (h) the User’s failure to provide accurate account information; (i) the User’s failure to keep its password or account details secure and confidential; or (j) for any information, software, products, service and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise.
Further, DP World Chennai shall not be held responsible for non-availability of theWebsite during periodic maintenance operations or any unplanned suspension of access tothe Website that may occur due to technical reasons or for any reason beyond DP World Chennai's control.
DP World Chennai makes all reasonable attempts to exclude viruses from the Website, but it cannot ensure this exclusion and no liability is accepted for viruses. Please take all appropriate safeguards before accessing the Website and downloading information from the Website. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at its own discretion and risk and the User will be solely responsible for any damage to its computer systems or consequent loss of data, if any. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
The User agrees to indemnify, defend and hold harmless DP World Chennai from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by DP World Chennai that arise out of, result from, or may be payable by virtue of, the User using the Website in contravention of the terms and conditions mentioned herein, any violation of the privacy of the other users of this website, or any illegal act done by the User including hijacking the Website, attempting to alter or altering the source codes (“Indemnification Event”).
TERMINATION OF AGREEMENT AND SERVICE / ACCESS RESTRICTION
Without prejudice to the other remedies, civil and criminal available to DP World Chennai under this Agreement or under applicable law, DP World Chennai may limit the User's activity, or end the User's listing, warn other users of the User's actions, immediately temporarily/indefinitely suspend or terminate the User's registration, and/or refuse to provide the User with access to the Website if:
(a) an Indemnification Event has occurred; or
(b) DP World Chennai is unable to verify or authenticate any information provided by the User; or
(c) DP World Chennai believes that the User's actions may infringe on any third party 6 rights or breach any applicable law or otherwise result in any liability for the User, other users of the Website and/or DP World Chennai.
Further, DP World Chennai may terminate is Agreement and the User’s access to the Website and / or the Service upon receipt of request by enforcement or government agencies or in compliance with the provisions of the applicable law.
In addition, DP World Chennai reserves the right, in its sole discretion, to terminate, with immediate effect and without notice, this Agreement and the User’s access to the Website and / or the Service at any time.
The User may terminate this Agreement with or without cause at any time, to be effective immediately. To terminate this Agreement, the User should send a notice to DP World Chennai at the address given hereinbelow, requesting DP World Chennai to forthwith cancel its registration for the Website/Service and terminate the User's user id and access to the Website/Service.
DP World Chennai shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of this Agreement, or become dissatisfied with the Service in any way, the User's only recourse is to immediately: (a) discontinue use of the Website/Service; and (b) notify DP World Chennai of such discontinuance.
Upon termination of the Service, User's right to use the Website/Service shall immediately cease.
DP World Chennai may, at any time, in its sole discretion, reinstate suspended Users. Once the User have been suspended, the User may not register or attempt to register with DP World Chennai or use the Website in any manner whatsoever until such time that the User is reinstated by DP World Chennai. Notwithstanding the foregoing, if the User breaches this Agreement, DP World Chennai reserves the right to recover any amounts due and owing by the User to DP World Chennai and/or the service provider and to take strict legal action as DP world Chennai deems necessary.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, or the right to use the Website by the User contained herein or any other section or pages of the Website in any manner whatsoever.
The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this Agreement as a whole.
None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website, shall be deemed to constitute a partnership between the User and DP World Chennai and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes DP World Chennai and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed DP World Chennai and its agents as their agent for this purpose.
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
The User agrees that if DP World Chennai does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which DP World Chennai has the benefit of under any applicable law), this will not constitute a formal waiver of DP World Chennai’s rights and those rights or remedies will continue to be available to DP World Chennai.
All notices and communications (including those related to changes in the Service, termination of Service etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address:
(a) If to DP World Chennai, at email@example.com or at the address posted on the Website.
(b) If to a non-registered User, at the communication and/or email address specified in the application form availing of the Service.
(c) If to a registered User, at the communication and/or email address specified in the registration form.
Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.
This Agreement shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles. The User irrevocably submits to the exclusive jurisdiction of the courts of Mumbai to settle all disputes arising in relation hereto.