Innogistics International Limited

Terms of Use - Website

[READ CAREFULLY BEFORE ACCESSING OR USING THIS WEB SITE]

We, Innogistics International Limited, maintain the web pages situated at http://www.innogistics.net (the "Web Site") for informational purposes and to enable you to access some of our cargo related services. Please read this Terms of Use carefully before using the Web Site. Access to the Web Site is subject to the terms and conditions set out below. Your use of the Web Site signifies your acceptance of this Terms of Use. If you do not agree to comply with these Terms of Use, please do not use the Web Site.

1. Trademarks and Copyrights

1.1 Unless otherwise indicated, we either own the intellectual property rights in the text, images, audio/video clips, and other content that is made available to you on the Web Site (the "Materials"), or have obtained permission from the owner for the intellectual property rights to use the Materials on the Web Site.

1.2 We grant you a limited licence to display on your computer, print, download, and use the Materials for your own internal business or personal purposes, provided that:

you agree that we are not liable for any liability you incur as a result of using this limited licence;

you do not modify, reverse engineer or de-compile any part of the Materials;

you include with and display on any copy of the Materials the associated copyright notice and this limited licence.

1.3 No other use is permitted without our express written permission. Nothing in this notice confers any right to any other content provided on the Web Site.

2. Disclaimer

2.1 Materials provided on the Web Site are provided "as is" without warranty of any kind, either expressed or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. We specifically do not make any warranty or representation as to the accuracy or completeness of any Materials, or that the operation of the Web Site will be uninterrupted or error free or that the Web Site will be free from any viruses, trojans, worms or any other electronic anomalies. We periodically add, delete, change, improve, or update the Materials without notice. Under no circumstances shall we be liable for any loss, damage, liability or expense incurred or suffered which is claimed to have resulted from the use of the Web Site including, without limitation, any fault, error, omission, interruption or delay with respect thereto. Use of the Web Site is at your sole risk. Save as specifically provided below in relation to the Secured e-Services, under no circumstances including, but not limited to, negligence, shall we or our staff be liable for any direct, indirect, incidental, special or consequential damages, even if we have been advised of the possibility of such damages.

2.2 You specifically acknowledge and agree that we are not liable for any conduct of any user of the Web Site.

2.3 As a condition of use of the Web Site, you agree to indemnify us from and against any and all actions, claims, losses, damages, liabilities and expenses arising out of your use of this Web Site, including without limitation any claims alleging facts that if true would constitute a breach by you of this Terms of Use. If you are dissatisfied with any material on the Web Site or with any part of this Terms of Use, your sole and exclusive remedy is to discontinue using the Web Site.

2.4 Some of the links on the Web Site may lead to resources outside of the Web Site. The linked sites are not under our control and we have not reviewed or investigated in any way the information at such linked sites. We make no representation or warranty as to the contents of any linked site or any link contained in a linked site. We provide these links only as a convenience, and the inclusion of any link does not imply endorsement, representation or warranty by us.

2.5 The Web Site may contain advertisements by third parties. Unless otherwise specifically stated on the Web Site, we do not endorse or make any representation regarding the liability, quality or accuracy of any products or services featured in, or linked to any advertisement that appears on the Web Site.

2.6 You should not assume that the Materials are complete or up-to-date. We are not obliged to periodically or otherwise update the Materials, however regular reviews of the Materials for content and relevance will be conducted.

2.7 Communications made through the electronic mail and/or messaging capabilities of the Web Site shall in no way be deemed to constitute legal notice to or from us or any of our employees or representatives.

3. Cookies

We currently use "cookies" on the Web Site. Our cookies tag each visitor's browser with a random, unique number. The cookie simply assigns a number and does not collect or disclose any personal information about the person using the browser. By noting where these uniquely numbered browsers go on the Web Site, we can provide content tailored to your particular requirements and can study traffic patterns and improve the Web Site.

4. e-Services

4.1 This Web Site, in addition to the provision of general information, may enable you to access some or all of the following cargo related services:

(a) A facility to enable the booking of your cargo shipments with us online;

(b) A facility to monitor electronically created bookings pending for departure;

(c) A facility to download your own cargo rates;

(d) A facility for the storage of your shipment information; and

(f) A facility to raise a preliminary claim.

We may from time to time, in our absolute discretion, provide that any or all of the e-Services shall be secured so that access shall only be allowed to our registered users in possession of a valid username and password.

4.2 We reserve the right to add additional e-Services, or delete any of the e-Services provided, without notice to you.

4.3 You may, in certain circumstances, be issued with, or be invited to select, a username and a password in order to enable you to access some or all of the Secured e-Services. In such case:

(a) You shall ensure that all information provided to us in connection with your registration for a username and password is accurate, and shall notify us in the event of any change. You agree that we shall not be liable for any loss caused as a result of any inaccuracy in the information provided to us.

(b) You agree to keep the password secure at all times and take steps to prevent unauthorised use of it and your username.

(c) You shall not attempt to access any part of the Secured e-Services for which you have not been specifically granted permission and to inform us if you gain any such access, whether inadvertently or otherwise.

(d) You shall immediately notify us in the event that your password becomes known to any unauthorised user, or you suspect that your security has been compromised and shall comply with any reasonable directions we make concerning the restoring of security.

(e) We shall have the right to refuse or, at any time to revoke your access to any secured part of the Web Site.

(f) Although we use security systems to protect the Secured e-Services, no server is completely safe from unauthorised access. We are not liable for any breach of security unless caused by our own negligence or wilful default.

4.4 You shall only use the e-Services for your legitimate personal or business purposes and subject to the conditions herein as well as any other applicable terms and conditions relevant to the service. In particular, but without limitation to the generality of the foregoing:

(a) The Bookings service may be used for the purpose of booking and reserving shipments. You warrant that you are in lawful possession of each number of Air Waybill or Bill of Lading or Shipping Order you enter into the Bookings service.

(b) We shall not be liable for any loss caused as a result of any inaccuracy in the information provided to us by you in connection with the use of any e-Services.

4.5 We reserve the absolute right to reject any application for a username and password, or any booking or reservation without providing any reason for such rejection.

5. Amendments

5.1 We may revise this Terms of Use and/or introduce additional terms and conditions at any time and from time to time.

5.2 We reserve our exclusive right in our sole discretion to alter, limit or discontinue the Web Site or any of the Materials in any respect.

6. No Waiver

No act, delay or omission by us shall affect our right, powers and remedies under this Terms of Use or any further or other exercise of such rights, powers or remedies. The rights and remedies under this Terms of Use are cumulative and not exclusive of the rights and remedies provided by law.

7. Severance

If any provision of this Terms of Use is not or ceases to be legally binding and enforceable it will not affect the legality, binding effect or enforceability of any other provision.

8. Access to the Web Site

We reserve the right to deny in our sole discretion any user access to the Web Site or any portion thereof without notice.

9. Applicable Law and Jurisdiction

This Terms of Use shall be governed by and construed in accordance with the laws of the Hong Kong SAR.

If you have any questions about this Terms of Use, our practices in relation to the Web Site, or your dealings with the Web Site, please write to us by the method stated in "Contact Us" page.