1. Use of the South Ocean Freight Platform
1.1. This document (together with the documents referred to in it) sets out the Platform User Terms on which you may use the South Ocean Freight Platform (the “South Ocean Freight Platform”). Please read these Platform User Terms carefully before accessing or downloading or using any information, data, text, images, video or audio or any other materials or Platform Services available or generated on, posted or uploaded to the South Ocean Freight Platform. By accessing or browsing the South Ocean Freight Platform, you indicate that you accept these Platform User Terms and that you agree to abide by them. Your access and usage of South Ocean Freight Platform constitutes your acceptance of these Platform User Terms which takes effect on the date on which you access or browse the South Ocean Freight Platform. If you do not agree with these Platform User Terms, you should cease accessing or using the South Ocean Freight Platform.
1.2. South Ocean Freight Platform is made available by Maersk.
1.3. The use of South Ocean Freight Platform is subject to: 1) the terms set out below, any additional instructions or terms appearing on the South Ocean Freight Platform, including the privacy and cookie policy available electronically here in relation to Platform Services uses (together the “Platform User Terms”); and 2) any terms from time to time agreed between the parties and described as special terms which apply to the access to or use of South Ocean Freight Platform or particular Platform Services (“Special Terms”).
1.4. The Platform User Terms set out the terms on which South Ocean Freight provides access to the South Ocean Freight Platform and will apply to: 1) the Registered User if it is not already bound by the Platform User Terms (in which case the Individual User warrants that he is authorised to agree and does agree on the Registered User’s behalf to the Platform User Terms); and 2) the Individual User acting on his own behalf, to the extent that such User utilises the Platform Services and/or the South Ocean Freight Platform.
1.5. The Platform User Terms shall not affect, or form part of, the terms of any contract of carriage with Maersk or other service agreement between Registered User and South Ocean Freight.
1.6. Subject to the Platform User Terms, South Ocean Freight agrees to permit the Registered User to use the Login Details and such parts of the South Ocean Freight Platform, Content and Platform Services as the parties agree.
2. Definitions
2.1. “Communication” has the meaning described in clause 4.1 herein.
2.2. “Content” means any information, data, text, images, video or audio or any other materials available from South Ocean Freight via or generated on, posted to or uploaded to the South Ocean Freight Platform or Platform Services.
2.3. South Ocean Freight A/S and/or any of its direct or indirect subsidiaries, affiliates, associates or agents.
2.4. “Individual User” means the person identified in the “First Name” and “Last Name” fields of the registered user application form. “Individual Users” and an “Individual User” mean any other person identified, in the “First Name” and “Last Name” fields of a registered user application form which names the Registered User in the “Company” field.
2.5. “Login Details” means login details for Individual User or Registered User or other security measure either (i) issued by South Ocean Freight to an Individual User or Registered User, or (ii) created by a user, in order to identify the user and access and use the South Ocean Freight Platform.
2.6. “Platform Services” means any services or facilities requested, made available or received via the South Ocean Freight Platform.
2.7. “Registered User” means the entity identified in the “Company” field of the registered user application form or any companies authorized by South Ocean Freight to use the South Ocean Freight Platform.
2.8. “South Ocean Freight” is a trade name of Maersk.
2.9. “South Ocean Freight Platform” means and/or owned and managed by South Ocean Freight.
2.10. “User” means either a Registered User and / or an Individual User.
2.11. “User Materials” means any information, data or other content or materials posted or uploaded by a User to the South Ocean Freight Platform.
3. Authorisation to Use the South Ocean Freight Platform
3.1. The Registered User agrees to access and use the South Ocean Freight Platform and Platform Services only using Login Details.
3.2. The Registered User shall ensure that Individual Users shall (and Individual User shall): 1) only use Login Details to access and use the Platform Services and the Content on behalf of the Registered User; and 2) observe any term, instruction or agreement with South Ocean Freight in connection with the South Ocean Freight Platform at and only access and use the Platform Services and the Content in accordance with the restrictions and conditions set out in the Platform User Terms and with any procedures from time to time in force on the South Ocean Freight Platform.
3.3. South Ocean Freight is not liable for any delay or loss caused by the misuse or misapplication of Login Details.
3.4. If any of the Individual Users ceases to be authorised to use any of the Platform Services or Content on behalf of the Registered User, the Registered User must: 1) notify South Ocean Freight immediately; 2) ensure the relevant Individual User ceases to use the relevant Login Details issued to him and ceases to use any part of the Platform Services or Content; and
3.5. A Registered User and Individual Users may be unable to access or use any Platform Services unless the Registered User and/or Individual Users installs, implements and maintains appropriate communication facilities (including software and hardware meeting the minimum requirements from time to time notified by the website(s) , or otherwise). However, South Ocean Freight does not warrant that the local set-up of the Registered User and/or Individual User in accordance with such minimum requirements will ensure access to, full functionality of or effective operation of the South Ocean Freight Platform. The Registered User shall ensure that any party using such Platform Services on its behalf obtains any consents and/or licences required by law for such use.
3.6. Misuse in any form, whether intentionally or not, of the South Ocean Freight Platform, Platform Services and/or Content or otherwise in connection with the South Ocean Freight Platform, Platform Services or Content by a User shall constitute a material breach of the Platform User Terms.
4. Communications
4.1. When an Individual User accesses the South Ocean Freight Platform, South Ocean Freight will implement an automated check that valid Login Details have been applied. South Ocean Freight or its agents may treat any apparently valid communication, instruction or notification in the form received by South Ocean Freight apparently from an Individual User (“Communication”) as properly authorised by and legally binding upon the Registered User, even if in fact no such authority was given or if any Communication it receives was fraudulent or conflicts or appears to conflict with other instructions of the Registered User. South Ocean Freight and its agents shall be under no further obligation to check the authenticity of the Communication or the authority of the Individual User transmitting it.
4.2. Where South Ocean Freight or its agents have reason to believe that a Communication which any of them receives has not been properly authorised or that any breach of security or of the Platform User Terms has occurred, South Ocean Freight and its agents reserve the right at their sole discretion not to act or to delay acting upon the Communication.
4.3. The Registered User is responsible for the accuracy and completeness of Communications received by South Ocean Freight or its agents and for ensuring that they achieve the Registered User’s intended purpose and that they are transmitted correctly to South Ocean Freight or its agents. South Ocean Freight and its agents are not liable for any delay or loss where the contents of a Communication they receive are inaccurate, incomplete or where a Communication is not received by them.
4.4. If the Registered User for whatever reason requests the cancellation or modification of a Communication which South Ocean Freight or its agents have received, South Ocean Freight will make reasonable endeavours to comply with the request. However, South Ocean Freight and its agents are not liable for any failure to cancel or modify such a Communication if such a request is received at a time or under circumstances that render it unreasonable to comply with the request.
5. Agency
5.1. If any Communication received by South Ocean Freight or its agents requires them to deal for the benefit of the Registered User (or on its behalf) with a third party, the Registered User appoints them to do so as its agent. The Registered User shall indemnify and hold harmless South Ocean Freight, its affiliates, associates and agents against any claims, losses, actions, proceedings, damage or other liabilities whatsoever (including damages or compensation paid by them to compromise or settle a claim), and all legal costs or other expenses, suffered by them as a result of, arising out of or otherwise relating to its activities as the Registered User’s agent unless caused by South Ocean Freight negligence.
5.2. Where South Ocean Freight or its agents pass Communications, information or content they receive to a third party or otherwise deal with a third party for the benefit of the Registered User (or on its behalf), South Ocean Freight and its agents are not responsible for: 1) any delay or failure by the third party in processing the Communication, information or content; or 2) the use of or reliance on any Communication, information or content by the third party.
6. Payment
6.1. All fees and or charges must be paid in accordance with the due date stated on the invoice.
6.2. All sums specified on this South Ocean Freight Platform or otherwise are exclusive of any sales taxes and/or any other taxes relating to the supply of the products or services which shall be paid by the Registered User at the applicable rate.