PortConnect Website Terms and Conditions

1.

Background

1.1 The following terms and conditions (“Terms”) govern the website www.portconnect.co.nz (“Site”) and the use of the Site by any person. The Site provides access to a sophisticated online cargo management system including access to a range of container management tools and a central repository of containerised cargo information created by users.
1.2 The Site is owned and operated by PortConnect Limited (“Provider”).
1.3 In these Terms, ‘you’, ‘your’ or ‘user’ refers to the individual using the Site, together with their respective related bodies corporate, employees, agents and representatives and those of their related bodies corporate.
1.4 You should read all of the Terms carefully. By accessing any areas of the Site, you agree to be legally bound and to abide by the Terms. If you do not agree with any of the Terms, do not use the Site.

2.

Registration

2.1 You must complete the registration process before being able to access the full services provided by the Site.
2.2 You represent that you are of sufficient legal age and of sufficient authority within your company to create binding legal obligations for any liability you or your company may incur as a result of your use of this Site.

3.

Data and use of Site

3.1 The data contained in the Site is derived from data supplied by users. While the Provider has endeavoured to supply accurate information on the Site, the Provider, its officers, employees, advisors and agents do not warrant its accuracy, adequacy, currency or completeness, or that it is suitable for your intended use. The Site, content and material are provided on an “as is” and “as available” basis based on the supply of data by users.
3.2 The use of the Site is at your own risk. The materials and information on the Site are provided ‘as is’ and ‘as available’ and without warranties by the Provider of any kind, either express or implied. To the fullest extent permissible by law, the Provider does not warrant that the Site will be error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components.
3.3 You may use the Site to:
(a) utilise such related services as are provided from time to time.

4.

Your obligations

4.1 To use facilities provided by the Site, you may be required to provide certain data to the Site in the form prescribed by the Provider from time to time. You must:
(a) ensure that all data provided to the Site is submitted for a proper true purpose and is complete, accurate and secure against unauthorised alteration in the course of transmission;
(b) if you are the shipper (or the shippers agent) (as recorded on an ocean carriers bill of lading), provide a verified gross mass for each CSC container in accordance with the rules adopted by Maritime New Zealand from time to time - currently set out in The International Convention for the Safety of Life at Sea (“SOLAS”);
(c) resolve any inconsistencies in the data identified by the Provider and notified to you; and
(d) ensure that your system and computer facilities are capable of engaging in the electronic data exchange as required by the Site.
4.2 You undertake, represent and agree that:
(a) the verified gross mass declared in respect of containerised cargo shall be:
(i) correctly determined using a method approved by Maritime New Zealand from time to time; and
(ii) weighed on equipment meeting New Zealand certification and calibration requirements.
(b) any data submitted in respect of chilled or refrigerated cargo shall include the correct temperature setting at which the cargo is to be maintained during transport;
(c) any data submitted in respect of hazardous cargo, as defined according to the International Maritime Dangerous Goods Code shall include the correct hazardous class for the cargo in question and you accept all liability for any damage to equipment or injury to personnel which may arise as a result of that or any information being incorrect or incomplete;
(d) any data submitted for cargo that extends beyond the dimensions of the container or other loading device will include the correct measurements of any overhang or excess measurement and;
(e) you accept that the Provider shall not be liable for any damage to the cargo which may arise as a result of any data supplied to the Provider via the Site being incorrect or incomplete.
4.3 In respect of all data submitted via EDI, the user must ensure that such data will not comprise or include any additional or unnecessary content or material including, without limitation, email viruses or other code, which may cause damage to the Provider or the terminal systems and will not be submitted without any malicious purpose or intent.
4.4 You will advise the Provider in writing of the primary contact for all communication with the Provider, and will ensure that this contact is able to receive email alerts from the Provider at any time and take appropriate action to resolve any issues that may arise from use of the Provider’s services.
4.5 You will pay your own costs associated with your use of the Site, including, without limitation, payments to your other service providers such as software, bureau services, Internet Service Providers or other network providers.
4.6 Where you have submitted data to the Provider, and the Provider is to make available that data to a third party, you agree not to send duplicate data to such third party in any format unless a duplication of that data in an alternative format to that provided by the Provider is specifically requested by the third party.

5.

Fees

5.1 You will pay the Fees at the rates and in the manner specified on the Site from time to time.

6.

Conditions of use of the Site

6.1 As a condition of using the Site, you agree not to:
(a) provide access via your registration to any other individual or entity without the prior written consent of the Provider;
(b) use the Site or its contents or information for any unauthorised commercial or non-personal purpose (direct or indirect) or for any purpose that is unlawful or prohibited by these Terms;
(c) monitor or copy any content of the Website;
(d) bypass or circumvent access measures employed to prevent or limit access to this Site;
(e) deep-link to any portion of this Site for any purpose; or
(f) take any action that imposes, or may impose, at the discretion of the Provider, an unreasonable or disproportionately large load on the Provider’s infrastructure.
6.2 The Provider reserves the right to change the limits on your activity and / or functionality in the Site at any time and you shall comply with any such limits imposed.

7.

Provider’s Obligations

7.1 The Provider will:
(a) pay all costs of maintaining the Site, including any forms on the Site;

8.

Ownership of Data

8.1 The data supplied by you to the Site remains your property. The Provider will treat the data supplied by you as confidential and will not disclose it to any other person other than as provided by these Terms (or as required by law).
8.2 Despite clause 8.1, you grant to the Provider the right to use the data provided by you to:
(a) compile data specific to you which may only be provided to you; and
(b) combine your data with the data of other users to compile industry data which may be used by the Provider in its discretion (including selling the combined data for commercial gain) provided you are not specifically identified.

9.

Security of Data

9.1 The Provider is responsible for maintaining the security of the Site and must use best endeavours to prevent unauthorised access to the Site or to any compiled data procured by the Provider.
9.2 The Provider will ensure that the Site:
(a) is backed up to a secure server
(b) maintains sufficient back-up and data storage capacity at all times.

10.

Indemnity

10.1 To the fullest extent allowed by law, you agree to indemnity the Provider, its agents and employees against:
(a) any loss or damage (including consequential loss or damage and any legal costs and expenses) sustained by the Provider arising from incorrect or misleading data provided by you (including, without limitation, damage or injury to personnel, systems or equipment); and
(b) any claim or demand made by any third party due to or arising out of or in connection with your breach of these Terms or your infringement of any rights of a third party.
10.2 If you use this Site for the purposes of a business, then you agree that the New Zealand Consumer Guarantees Act 1993 shall not apply to your use or reliance on this Site.

11.

Suspension or termination of registration

11.1 The Provider reserves the right to suspend or terminate your registration and disable your access to this Site at any time, including if:
(a) you fail to comply with any of your obligations under the Terms;
(b) you infringe the Provider’s (and/or its related organisations) intellectual property rights;
(c) you breach another agreement you have with the Provider (and/or its related organisations);
(d) you use this Site for unauthorised purposes.

12.

Limitation of liability

12.1 To the fullest extent allowed by law, the Provider and each of their officers, employees, advisors and agents exclude all liability to you for any loss or damage, including, without limitation, liability arising in contract or tort (including negligence) which arises out of or is in any way connected with any use of this Site or with any delay or inability to use this Site, or for any information, products or services obtained through this Site. In the event that this limitation of liability is held by any court of law to be involved, the maximum aggregate liability of the Provider shall not exceed $10,000.

13.

Copyright

13.1 You acknowledge that all content included on this Site, including information, data, software, images, written materials and compilations are the property and copyright of the Provider.

14.

Privacy

14.1 The Provider’s privacy policy available on the Site is incorporated into these Terms.

15.

Miscellaneous

15.1 The Provider assumes no responsibility for sites linked to this Site. The Provider provides links to other sites only as a convenience, and the inclusion of any link does not imply the endorsement, investigation or verification by the Provider of the linked site.
15.2 No material from this Site may be altered, modified, reproduced, transmitted or distributed other than as contemplate by the Terms without the prior written permission of the Provider. However, the Provider allows you to use the materials and content on this Site for your personal use, provided you keep intact all copyright and other proprietary notices.
15.3 Linking to this Site is at your own risk.
15.4 The Provider may vary the Terms at any time at its sole discretion. If the Terms are varied, the Provider will notify you by placing a notice on this site.
15.5 These Terms are governed and construed in accordance with the laws of New Zealand, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand.
15.6 All references in the Site to “$” or “dollar” are references to New Zealand currency unless otherwise stated.