1.2 The Website address of this Website is www.savannahcargo.com when accessing the Website via mobile systems and/or smart phones, including but not limited to Blackberry, iPhone, Symbian, Windows Mobile and Android (“Mobile Application”). Mobile Applications may not allow access to all functionalities Savannah Cargo is offering on its Website. Savannah Cargo may at its discretion decide which functionalities will (not) be available on the Website when accessing via a Mobile Application. Notwithstanding the foregoing, these Terms and Conditions of Use will be applicable to the access and use of the Website via Mobile Applications in the same manner as they would apply to the access and use via non-Mobile Applications.
1.3 Your access to and use of this Website is subject to these Terms and Conditions of Use effective as from 1 January 2013 (“Effective Date“). By accessing and browsing this Website or viewing, downloading, generating, receiving, transmitting or using any data, information, material, text, images, video, audio or messages to or from this Website (“Content“) or otherwise requesting or receiving any services or facilities via the Website (“Services“), You accept, without limitation or qualification, and agree to be bound by these Terms and Conditions of Use, as may be amended from time to time by Savannah Cargo without prior notice, by any other directions or instructions contained in this Website and by any special terms which apply to the access to or use of particular Protected Services (“Special Terms“). The use of particular Protected Services governed by Special Terms is subject to the acceptance of these Special Terms. The Individual User will accept these Special Terms electronically on behalf of the Registered User by clicking on the “Continue” button displayed under these Special Terms. After the acceptance of these Special Terms the Registered User shall be authorized to use the particular Protected Services governed by Special Terms. Parties agree that all Special Terms accepted by clicking on the “Continue” button have the same (evidential) value as a written set of Special Terms signed by the Individual User by hand and, as such, are binding on the Registered User.
1.4 You may use this Website and the Content and Services available via the Website only for the purposes reasonably anticipated on this Website or as otherwise might reasonably be expected in the course of Your relationship with Savannah Cargo and in accordance with any procedures from time to time in force on the Website. You may not access any areas of the Website to which access is indicated to be restricted unless you have obtained appropriate authorization and any relevant access device (such as a Digital Certificate) from Savannah Cargo You may not (1) use or permit any other party to use all or any part of the Website, Content or Services in connection with activities that breach any relevant laws, infringe any third party’s rights, or breach any applicable standards, content, requirements or codes; (2) post to or transmit through the Website any information, materials or content that might be or might encourage conduct that might be unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent; (3) use the Website for the purpose of or as a means to send ‘flame’ or ‘spam’ e-mails.
1.5 These Terms and Conditions of Use shall not affect, the terms of any contract of carriage with Savannah Cargo, which shall be governed by the terms and conditions of Savannah Cargo ‘s Bill of Lading or non-negotiable waybill (“Waybill”) whichever is applicable.
2.1.1 “Communication” has been assigned the meaning as laid down in clause 7.1 of these Terms and Conditions of Use;
2.1.2 “Content” has been assigned the meaning as laid down in clause 1.3 of these Terms and Conditions of Use;
2.1.3 “Data Field” means the information required to be provided by You in order to register, to consult the Website or to enjoy the Protected Services;
2.1.4 “Digital Certificate” means a digital certificate or other security device or measure issued from time to time by Savannah Cargo to an Individual User that is required to access the Protected Area and to use the Protected Services on behalf of the Registered User;
2.1.5 “Effective Date” has been assigned the meaning as laid down in clause 1.3 of these Terms and Conditions of Use;
2.1.6 “General Content” means any information, data, text, images, video or audio or any other materials available from Savannah Cargo via this Website but not generated on or posted to the Protected Area or Protected Services;
2.1.7 “Individual User” means the natural person(s) identified in the “first name” and “last name “ Data Fields in the registered user application form;
2.1.8 “Individual Users” means all natural persons who have or who receive one or more Digital Certificates;
2.1.9 “Intellectual Property Rights” has been assigned the meaning as laid down in clause 3.1 of these Terms and Conditions of Use;
2.1.10 “Order” has been assigned the meaning as laid down in clause 11.1 of these Terms and Conditions of Use;
2.1.11 “Personal Information” has been assigned the meaning as laid down in clause 17.4 of these Terms and Conditions of Use;
2.1.12 “Protected Area” means the secured areas of the Website, which require a Digital Certificate for access;
2.1.13 “Protected Content” means any information, data, text, images, video or audio or any other materials available from Savannah Cargo via or generated on or posted to the Protected Area or Protected Services;
2.1.14 “Protected Services” means any services or facilities requested, made available or received via the Protected Area;
2.1.15 “Registered User(s)” means the entity or person identified in the “Company” Data Field of the registered user application form;
2.1.16 “Relevant Third Parties” has been assigned the meaning as laid down in clause 21.6 of these Terms and Conditions of Use;
2.1.17 “Savannah Cargo” means Savannah Cargo as identified in clause 1.1 of these Terms and Conditions of Use.
2.1.18 “Services” has been assigned the meaning as laid down in clause 1.3 of these Terms and Conditions of Use;
2.1.19 “Special Terms” has been assigned the meaning as laid down in clause 1.3 of these Terms and Conditions of Use;
2.1.20 “Terms and Conditions of Use” means these terms and conditions of use;
2.1.21 “User Materials” has been assigned the meaning as laid down in clause 3.3 of these Terms and Conditions of Use;
2.1.22 “Waybill” has been assigned the meaning as laid down in clause 1.5 of these Terms and Conditions of Use;
2.1.23 “Website” means this website at www.savannahcargo.com
2.1.24 “You”, “Your“ and “Yourself” means any person accessing this Website and includes the Registered and Individual Users.
2.2 The definitions of terms reflected in clause 1 of Savannah Cargo’s Terms and Conditions of Carriage (available at www.savannahcargo.com) as amended from time to time, shall where applicable be deemed to be incorporated into these Terms and Conditions of Use.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 Ownership of all copyrights, database rights, patents, trade or service marks, product names or design rights (whether registered or unregistered), trade secrets and confidential information and any similar rights existing in any territory now or in future (“Intellectual Property Rights“) and similar rights and interests in all domain names, trade marks, logos, branding appearing on the Website and all Content, or otherwise relating to the structure of the Website and the Services offered by Savannah Cargo via the Website, vest in Savannah Cargo or its licensors.
3.2 You (1) may not, unless with Savannah Cargo’s prior agreement, replicate in any way any Content appearing on the Website; (2) may not create a border environment or browser around or otherwise frame any Content or create any impression that the Content is supplied or owned by any other party than Savannah Cargo; (3) may not present misleading or false information about Savannah Cargo, its Services or Content; (4) may not misrepresent Savannah Cargo’s relationship with the linking user (or any third party); (5) may not create any implication or inference that Savannah Cargo endorses the linking user or its services (or any third party); (6) may not use or reproduce the SAVANNAH CARGO logo, trade marks or name;(7) may not contain or display any content that could be construed as obscene, libellous, defamatory, distasteful, offensive, pornographic, or inappropriate in any other way; (8) may not contain materials, content or anything else that might violate any laws of any jurisdiction; (9) must clearly indicate that the Website is operated by Savannah Cargo and is not controlled by or otherwise associated or connected with the linked website, and that Savannah Cargo’s Terms and Conditions of Use apply in relation to any use of Savannah Cargo’s Website.
3.3 You shall procure the waiver of any moral rights in any information, data or other content or materials posted by You to the Website (“User Materials“), always subject to the provisions of clause 17. You hereby irrevocably authorise Savannah Cargo and its licensees to use any of Your Materials for all reasonable business purposes, including without limitation copying, amending, incorporating in other materials, publishing or otherwise providing to third parties (and permitting such third parties to use and sublicense Your Materials) anywhere in the world any such User Materials. You agree to take any steps (including completing any further document) that may be required in any jurisdiction to give effect to this clause.
3.4 Savannah Cargo does not warrant or represent that Your or any other party’s use of the Content or the Services available via the Website will not infringe rights of third parties.
3.5 The ownership of any Intellectual Property Rights created in any way as a result of operating this Website shall vest in Savannah Cargo
4. HYPERLINKED WEBSITES AND LINKING
4.1 Savannah Cargo makes no warranty or representation regarding any other website which may be accessed through or via this Website. Any other website accessed may be independent from Savannah Cargo and Savannah Cargo has no control over the content of that website. In addition, the link to any other website does not mean that Savannah Cargo endorses or accepts any responsibility for the content or the use of such website. It is up to You to take precautions to ensure that whatever You select is free of viruses and other items of a destructive nature.
4.2 Any third party website may link to this Website provided that such a link is directed at the homepage of this Website. It is expressly prohibited for any person to link to any page other than the homepage of this Website, without the prior written approval of Savannah Cargo In no event, You may place hyperlinks to any area within the Protected Area.
4.3 You must immediately on request remove any link placed on or to any area of this Website. You shall not permit any third party aggregator of information to access or retrieve information from this Website on Your behalf.
4.4 You may not in any way run software programs, scripts, macros or similar materials against or in relation to any part of the Website as these could endanger, compromise or hamper the stability and operation of the Website or infringe rights in or relating to the Website or any materials appearing on it.
5. AUTHORISATION TO ACCESS PROTECTED AREA/USE PROTECTED SERVICES
5.1 Access to Protected Area and the use of the Protected Services of this Website is restricted to Registered and Individual Users only. Unauthorized individuals attempting to access the Protected Area or use the Protected Services of this Website will be subject to prosecution.
5.2 In order to use the Protected Area of this Website, you must register by providing Savannah Cargo with the information prescribed in the Data Fields of the registration application form. If You are a company, close corporation or legal persona other than a natural person, You must complete the “Company” Data Field, nominate a natural person(s) as Individual User(s) and provide Savannah Cargo with that person(s) details as required in the “first name” and “last name” Data Fields of the registration application form. The Individual User(s) will be provided with a Digital Certificate. The Registered User agrees to access and use the Protected Area and Protected Services only via an Individual User using a Digital Certificate.
5.3 The Individual User(s) shall and the Registered User shall ensure that the Individual User(s):
5.3.1 Only use the Digital Certificates to access the Protected Area and use the Protected Contents and Protected Services on behalf of the Registered User;
5.3.2 Observe these Terms and Conditions of Use and only access the Protected Area and use the Protected Content and Protected Services in accordance with the restrictions and conditions set out in these Terms and Conditions of Use and with any procedures from time to time in force on the Website.
5.4 Registered and Individual Users are responsible for the safekeeping of the Digital Certificate issued to them and shall not tamper with the Digital Certificate.
5.5 If any of the Individual Users ceases to be authorized by the Registered User to use this Website on behalf of the Registered User, the Registered User shall:
5.5.1 Immediately notify Savannah Cargo in writing;
5.5.2 Ensure that the relevant Individual User ceases to use the relevant Digital Certificate issued to him and any part of the Protected Services or Protected Content;
5.5.3 Destroy or delete all copies of the relevant Digital Certificate and any accompanying documentation supplied in relation to the use of that Digital Certificate in whatsoever form in its possession or control.
5.6 Savannah Cargo is not liable for any delay or loss caused by the misuse or misapplication of a Digital Certificate.
5.7 A Registered User may be unable to access or use any Protected Services unless the Registered User installs/implements and maintains appropriate communication facilities (including software and hardware meeting the minimum requirements from time to time notified by Savannah Cargo www.savannahcargo.com or otherwise). However, Savannah Cargo does not warrant that the Registered or Individual User’s local set-up ensures access or operation. The Registered User shall ensure that any party using such Protected Services on its behalf obtains any consents and/or licences required by law for such use.
6.1 You agree to comply with any reasonable instructions Savannah Cargo may issue regarding the Website’s security. The Registered User agrees that it shall implement, maintain and keep current appropriate security arrangements concerning its and individual Users’ access to and use of the Protected Area, Protected Services and Protected Content and information stored on the Registered User’s and its Individual Users’ computer systems.
6.2 Both You and Savannah Cargo each shall take all reasonable precautions to ensure that communications through the Website and its own systems are not affected by computer viruses or other destructive or disruptive components, and to ensure no such components are transmitted to or via Savannah Cargo or the Website.
6.3 You must ensure that You do not do anything during and after any access to or use of the Website, the Content or Services which might result in the security of the Website, or the systems or security of Savannah Cargo or of associated or affiliated companies or any other users of the Website or any customers of Savannah Cargo, being compromised.
6.4 Savannah Cargo utilizes cryptography products in an effort to ensure the authenticity and integrity of data transmitted between the Individual User and the Website. The Registered User confirms that the level of security provided by the proper use of the Digital Certificates is adequate to protect its interests
6.5 Within the boundaries of applicable national and international legislation, the Individual User and the Registered User must not reverse engineer, decompile or otherwise interfere with or publish or make available to any third party the Digital Certificate or any other software, data, tools or facilities made available to them in connection with the Protected Area or the Protected Services.
6.6 The individual User and the Registered User must notify Savannah Cargo as soon as reasonably possible upon becoming aware of any actual or attempted unauthorized access to the Protected Area or any unauthorized transaction or attempt to execute an unauthorized transaction in connection with the Protected Area or the Protected Services, or any other circumstance that might be reasonably likely to result in any prejudice to the security of the Protected Area or Digital Certificate.
7.1 When an Individual User accesses the Protected Area, Savannah Cargo will implement an automated check that an apparently valid Digital Certificate has been applied. Savannah Cargo or its agents may treat any apparently valid communication, instruction or notification in the form received by Savannah Cargo apparently from Individual Users (“Communication”) as properly authorized 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. Savannah Cargo 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.
7.2 Where Savannah Cargo or its agents have reason to believe that a Communication which either of them receives has not been properly authorized or that any breach of security or of these Terms and Conditions of Use has occurred, Savannah Cargo and its agents reserve the right at their sole discretion not to act, or to delay acting upon the Communication.
7.3 The Registered User is responsible for the accuracy and completeness of Communications received by Savannah Cargo or its agents and for ensuring that they achieve the Registered User’s intended purpose and that they are transmitted correctly to Savannah Cargo or its agents. Savannah Cargo 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.
7.4 If the Registered User for whatever reason requests the cancellation or modification of a Communication, which Savannah Cargo or his agents have received, Savannah Cargo will make reasonable endeavours to comply with the request. However, Savannah Cargo 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.
7.5 In case of dispute relating to a Communication carried out by an Individual User, Savannah Cargo undertakes to provide proof that the Communication was recorded and posted correctly and was not affected by a technical incident or other fault. For all Communications, this evidence will be given by providing an excerpt of the log files or audit trails established by Savannah Cargo’s computer systems or third party systems used by Savannah Cargo, such as Authentica. Savannah Cargo and You recognize that these log files and these audit trails have evidential value. The contents of these log files and these audit trails can be copied onto paper, microfiche or microfilm, magnetic or optical disc, or onto any other data medium. As far as Savannah Cargo and You are concerned, this copy will have the same evidential value as an original document.
8.1 If any Communication received by Savannah Cargo 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 Savannah Cargo, 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 their activities as the Registered User’s agent in accordance with these Terms and Conditions of Use, unless caused by Savannah Cargo’s gross negligence and/or wilful misconduct.
8.2 Where Savannah Cargo or its agents pass Communications they receive to a third party or otherwise deal with a third party for the benefit of the Registered User or on its behalf, Savannah Cargo and its agents are not responsible for any delay or failure by the third party in processing the Communication.
9.1 Savannah Cargo will use reasonable endeavours to ensure that the Content accurately reflects either (1) the relevant part of Savannah Cargo’s record held on Savannah Cargo’s computer systems or (2) information received from a party other than Savannah Cargo Savannah Cargo does not warrant that the General Content is accurate, sufficient, error free, complete or up-to-date at the time it is accessed. You should make further enquiries to satiSCy Yourself of the accuracy and completeness of any General Content before relying on it. Certain Content may be labelled as indicative only, in which case Savannah Cargo makes no warranties at all in relation to its quality, accuracy, completeness or timeliness.
9.2 You are responsible for the accuracy and completeness of any User Materials. You warrant that You shall immediately inform Savannah Cargo when User Materials posted by You to the Website are no longer accurate and/or complete. You shall ensure the User Materials do not infringe any Intellectual Property Right or other right of any third party and are not defamatory, unlawful, immoral or otherwise likely to breach or infringe any right or requirement or to give rise to any claim for loss or damage by any third party. You shall indemnify and hold harmless Savannah Cargo and its affiliates, associates and agents against any claims, losses, actions, proceedings, damage or other liabilities whatsoever (including damages or compensation paid by Savannah Cargo to compromise or settle a claim) and all legal costs or other expenses, suffered by Savannah Cargo or its affiliates and associates as a result of any actual or potential breach by You of Your obligations under this clause 9.
9.3 Savannah Cargo shall use reasonable endeavours to make the Protected Services available to the Registered User via the Protected Area and to ensure that the Protected Services operate in substantial conformity with their description in these Terms and Conditions of Use and any description appearing in the Protected Area. Except as set out above, Savannah Cargo shall have no liability for breach of any implied warranty or term that might otherwise apply including (without limitation) in relation to the operation, quality or fitness for purpose of the Website or any Content or Service.
10.2 Savannah Cargo may at any time alter, suspend or terminate the operation of this Website. Savannah Cargo may also change and update any Content without prior notice and make improvements and/or changes in the Services at any time without prior notice.
10.3 Savannah Cargo may at its sole discretion immediately and without notification wholly or partially deny the Registered User and/or any Individual User(s) access to the Protected Area and/or the Website if such Registered or Individual User, as relevant, does not comply with any obligation arising from the Terms and Conditions of Use or has adopted any form of unacceptable conduct or threatened misconduct in connection with the use of the Website. Following such denial of access, Savannah Cargo will notify such Registered User and/or such Individual User of the reasons of the denial of access. The Digital Certificates issued to the Registered and Individual User(s), as applicable, will be suspended.
10.4 Savannah Cargo, at its sole and absolute discretion, may decide to grant new access rights to the Registered or Individual User.
10.5 In the event that the access to the Protected Area and/or the Website is denied pursuant to this clause 10 and no new access rights are granted by Savannah Cargo, the Registered User(s) shall immediately upon demand erase all Digital Certificates provided to the Registered and Individual User(s), as applicable, and return all associated documentation to Savannah Cargo or its authorized representatives.
10.6 Unless in case of fraud, intentional or gross negligence of Savannah Cargo, the latter will not be liable to the Individual User(s) and/or the Registered User for any action, claim, cost, expense (including reasonable legal costs), loss and damage arising out of or otherwise in connection with such denial of access.
10.7 Savannah Cargo may terminate this Agreement with 5 calendar days’ prior written notice (i) if the Registered User ceases or threatens to cease to carry on its business ; (ii) if a receiver, administrator or similar officer is appointed over all or any part of the assets or undertaking of the Registered User ; (iii) if the Registered User makes any arrangement for the benefit of its creditors ; (iv) if the Registered User goes into liquidation save for the purposes of a genuine amalgamation or reconstruction, (v) if the Registered User or any of its Individual Users commits a material breach of this Agreement, or (vi) if the Registered User or any of its Individual Users commits a breach of this Agreement and fails to remedy such breach within 10 calendar days (or such other period agreed by the parties in their sole and absolute discretion) after Savannah Cargo has served notice in writing requiring it to do so.
11. BOOKING OF GOODS
11.1 In order to book Goods for Carriage by Savannah Cargo utilizing this Website (“Order”), the Registered and/or Individual User must be authorized to obtain access to the Protected Area and the use of Protected Services as per clause 5.
11.2 An Individual User can place an Order for and on behalf of a Registered User by completing the required Data Fields in the Booking Module of the Website as indicated in said module.
11.3 The Individual User shall sign every Order electronically by clicking on the “Continue” button. Parties agree that all Orders signed by clicking on the “Continue” button have the same evidential value as a written Order signed by the Individual User by hand and, as such, is binding on the Registered User.
11.4 All dates and times for arrivals and departures mentioned on the Website are indicative, without guarantee and subject to change without prior notice and at any time.
11.5 The contract of carriage with Savannah Cargo, which is governed by the terms and conditions of Savannah Cargo ‘s Bill of Lading or Waybill (whichever is applicable), is concluded only after receipt of a booking confirmation from Savannah Cargo ‘s agent and always remains subject to space on board of the referred vessel.
11.6 The Registered User warrants that
(1) the particulars relating to the Goods for which an Order(s) is (are) placed on his behalf are fully adequate and correct; (2) the particulars relating to the Goods for which an Order(s) is (are) placed on his behalf via this Website are fully in conformity with the particulars of the same Goods booked for Carriage by Savannah Cargo communicated to Savannah Cargo or its agents by other means of communication; (3) the particulars relating to the Goods provided in the Order are fully in conformity with those provided in the shipping instructions on this Website. If the latter would not be the case, the Registered User warrants that he will notify Savannah Cargo or its agents of the precise difference between the particulars provided in the Order and those provided in the shipping instructions. The Registered User is liable for any costs, expenses, loss or damage (including indirect or consequential loss or damage) howsoever arising and of whatsoever nature, arising from inadequate description of the Goods or from any breach of this clause.
11.7 Savannah Cargo undertakes all commercially reasonable efforts to avoid that due to computer defects or human errors, erroneous information is published on the Website, including the Protected Area. Parties acknowledge, however, that the occurrence of such errors cannot be entirely excluded.
12.1. The Registered User will promptly pay all fees and charges applicable to any product or Protected Service within the time and in the manner for payment specified on the Website or otherwise by Savannah Cargo.
12.2 All sums specified on this Website or otherwise are exclusive of any sales, value-added 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.
13. ELECTRONIC DOCUMENT PRINTING FACILITY
13.1 Savannah Cargo may authorize the Registered User to print the Bill of Lading and/or Waybill by utilizing the remote printing facility, subject to the Special Terms governing this Protected Service.
14. EXCLUSION AND LIMITATION OF LIABILITY
14.1 Neither Savannah Cargo nor any holding, subsidiary or affiliated companies, shall be liable for any claims, expenses, costs, loss or damage, including indirect or consequential loss or damage (including but not limited to lost profits, lost business revenue, failure to realize expected savings and/or other economic or commercial losses of any kind under or in connection with a booking of Goods for Carriage), howsoever arising and of whatsoever nature, whether due to the slight negligence (‘lichte fout’/’faute légère’) or any other negligence in any degree of Savannah Cargo, its servants or agents, or breach of contract, which are in any way related, whether directly or indirectly to the use of, misuse of, or inability to use this Website unless caused by Savannah Cargo’s gross negligence (‘grove fout’/’faute lourde’), fraud (‘bedrog’/ ‘dol’) and/or wilful misconduct (‘opzet’ / ‘comportement intentionnel’).
14.2 Notwithstanding the above, if Savannah Cargo or any other party referred to in clause 14.1 is nevertheless found liable for any such claim, expenses, costs, loss or damages, that liability shall in no event exceed USD 1,000.00.
14.3 The exclusions and limitations referred to in clauses 14.1 and 14.2 are not intended to apply to wilful breaches (‘opzet’/’comportement intentionnel’) of these Terms and Conditions of Use and any Special Terms (if applicable) and/or liability in connection with fraud (‘bedrog’ / ‘dol’) by Savannah Cargo or to Savannah Cargo’s liability under any Contract of Carriage concluded with the Merchant pursuant to a booking made utilizing this Website, which liability, if any, shall be regulated by the terms and conditions of Savannah Cargo ‘s Bill of Lading or Waybill (whichever is applicable), which are available on www.savannahferightinc.com
14.4 While Savannah Cargo has taken reasonable care to ensure that the Content is accurate and up to date, Savannah Cargo is not responsible or liable for any errors, inaccuracies or omissions, misuse, or conversion of any Content, -or from the results obtained from the use thereof. All Content is provided “as is” with no guarantee of completeness, accuracy, timeliness or of results obtained from the use thereof and without warranty or representation of any kind, expressed or implied.
14.5 In no event will Savannah Cargo, its parents, its related partnerships, affiliates, corporations, associated companies, directors, officers, employees, agents or representatives be liable for any decision made or action taken in reliance on the Content or for any loss, damage or claims of whatever nature or for any direct, indirect, incidental, consequential, special, punitive or other damages whatsoever, including, but not limited to, liability for business interruption or loss of data or profits arising out of access to or use of this Website or its Services, even if Savannah Cargo is expressly advised of the possibility of any loss, claims or damages unless caused by Savannah Cargo’s personal intentional fault. Neither Savannah Cargo nor any of the above mentioned parties accept or assume any responsibility and shall bear no liability for any damages to or viruses that may infect your computer, any other hardware, software or other IT systems or other property on account of your accessing, browsing and/or using this Website and any of its Services or downloading of any Content from the Website unless caused by Savannah Cargo’s personal intentional fault. Furthermore, Savannah Cargo assumes no responsibility and shall not be liable for any damages whatsoever due to any third party’s unjustified access to the Website, passwords or Content.
15.1 Any Registered User of this Website shall indemnify and hold harmless Savannah Cargo, its affiliates, associates or agents against any claims, losses, actions, proceedings, damage or other liabilities whatsoever (including damages or compensation paid by Savannah Cargo to compromise or settle a claim) and all legal costs and expenses, suffered by Savannah Cargo, its affiliates, associates or agents arising out of any breach by the Registered User or any of the Individual Users of any duties, obligations (including negligence) under these Terms and Conditions of Use or under Special Terms (if applicable) or as laid down in the Protected Area or determined by the Protected Services, including but not limited to any breach of security on his/their part which allows access to the Protected Area or the use of Savannah Cargo ’s pre-printed Bills of Lading by unauthorized persons.
16.2 Savannah Cargo shall, in addition to the limitations and exclusions of liability contained in clause 14 of these Terms and Conditions of Use, have no liability towards You unless You notify Savannah Cargo in writing of any claim within one week of becoming aware of such claim. In no circumstances shall You have a claim against Savannah Cargo, unless suit (legal action) is commenced by You within six months of the claim arising, such claims otherwise being definitely waived and time-barred.
Privacy Statement for www.savannahcargo.com
Registration for this website requires You to provide Savannah Cargo with personal data such as “name and address” in order to provide website services such as the possibility to place on-line orders. If You refuse to submit the required information Savannah Cargo might decline Your request for registration.
17.1 By submitting personal data (“Personal Information”), You give the explicit permission to process this personal data for the purposes mentioned below. Savannah Cargo will save the collected personal data to files and process them in order to:
The information You have submitted during the registration process or at any other moment, can be used by Savannah Cargo for direct-marketing purposes. You have the right to object to such use of Your Personal Information by expressing Your objection during the registration procedure or by sending email to email@example.com.
(i) Savannah Cargo may disclose the Personal Information that You provide via this Website to other Savannah Cargo affiliates worldwide which agree to treat it in accordance with this Privacy Statement and use it for the same purposes. Savannah Cargo may also disclose the Personal Information that You provide via this Website to third parties which are not Savannah Cargo affiliates, but only:to contractors used to support the business of Savannah Cargo (such as fulfillment services, technical support, delivery services, and financial institutions), in which case Savannah Cargo will require such third parties to agree to treat it in accordance with this Privacy Statement and use it for the same purposes; or
(ii) In connection with the sale, assignment, or other tranSCer of the business of this site to which the information relates, in which case Savannah Cargo will require any such buyer to agree to treat it in accordance with this Privacy Statement and use it for the same purposes.
17.2 Without waiver or limitation of any article in these Terms and Conditions of Use, Savannah Cargo assumes no responsibility and shall not be liable for any loss of, erroneously or unjustified tranSCer to any third party of, or any third party’s unjustified access to or alteration of Personal Information provided to Savannah Cargo by You
17.3 Savannah Cargo shall not communicate, sell or expose the Personal Information in any other way to any other third parties, unless Savannah Cargo has received a request from the public authorities or an injunction from a court or judicial authorities to hand over certain data, including Personal Information of the website user.
17.4 Savannah Cargo has the appropriate technical and organizational security measures in place to protect Your Personal Information registered in our systems. These measures include restricted access to databases containing user information, protected user identification and password.
17.5 The collection, use, and disclosure of information contemplated in this Privacy Statement may involve a tranSCer of the information to jurisdictions located outside Your country of residence that may not have equivalent laws and rules regarding personally identifiable information. By accessing this website, You explicitly consent to such tranSCer and disclosures of information as long as the tranSCer is necessary for the performance of a contract between You and Savannah Cargo or the implementation of pre-contractual measures taken in response to Your request; or as long as the tranSCer is necessary for the conclusion or performance of a contract concluded in Your interest between Savannah Cargo and a third party.
17.6 The website of Savannah Cargo uses “cookies”, which are text-only pieces of information tranSCerred by the website to the hard disk of the Registered or Individual User. They allow to automatically identify a Registered or Individual User when logging on to this website. These “cookies” contain Personal Information. Most browsers accept these cookies automatically. You have the ability to accept or decline cookies by modifying the settings in Your browser. However, You may not be able to use all the interactive features of our site if cookies are disabled.
17.7 At any given time, You have the right to access and correct all the Personal Information given to Savannah Cargo free of charge.
17.8 As a Registered or Individual User, You can access Your Personal Information on-line and correct the data. In order to access these data, You authenticate with Your Digital Certificate to view and/or update Your Personal Information. You can, of course, unregister at any time.
17.9 The website of Savannah Cargo contains links to other third party websites. Savannah Cargo is not responsible for the privacy practices of the linked third party websites.
17.10 We collect non-personal information such as IP addresses during your use of our website to help diagnose problems with our server and to identify ways of making our site better. This information is not linked to anything personal.
In the event that any term or condition of these Terms and Conditions of Use is not fully enforceable or valid for any reason, such term or condition shall be severable from the remaining terms and conditions and the enforceability of any remaining terms and conditions shall not be affected by such severance.
20. RELAXATION OF RIGHTS
No relaxation by Savannah Cargo of any of its rights in terms of these Terms and Conditions of Use shall prejudice or constitute a waiver of Savannah Cargo’s rights and Savannah Cargo shall be entitled to exercise its rights thereafter as if such relaxation had not taken place.
21.1 Use of Digital Certificates, the Website, the Protected Services or the Content may be subject to certain legal or regulatory requirements in particular jurisdictions. The Individual User and the Registered User may only access or use the Digital Certificates, Website, Protected Services or Content to the extent such access or use is permitted in the jurisdiction in which they access or use the Digital Certificates, Website, Protected Services or Content.
21.2 References in this Agreement to “in writing” or “written” include communication by e-mail or other electronic form.
21.3 The rights of Savannah Cargo, its affiliates, associates and agents in these Terms and Conditions of Use may be exercised as often as necessary and are cumulative and not exclusive of their rights under any applicable law. Any delay in the exercise or non-exercise of any such right is not a waiver of that right.
21.4 The Registered User and the Individual User may not assign, part with or otherwise tranSCer any right or benefit under any provision of these Terms and Conditions of Use without Savannah Cargo’s prior written consent.
21.5 Savannah Cargo may assist or co-operate with authorities in any jurisdiction in relation to any direction or request to disclose personal or other information of You or Your use of the Website, Content or Protected Services.
21.6 Savannah Cargo’s affiliates, associates and agents (“Relevant Third Parties”) shall have the benefit of all provisions of these Terms and Conditions of Use which are expressed to be for their benefit, as well as the law and jurisdiction clause. In entering into this contract, Savannah Cargo does so (to the extent of such provisions) not only on its own behalf but also as agent and trustee for such persons. 22. LAW AND JURISDICTION
Any claims or dispute arising under or related, whether directly or indirectly, to these Terms and Conditions of Use including third party proceedings involving several defendants, shall be governed exclusively by the law and be determined exclusively by the courts of the place where Savannah Cargo has its registered office to which courts’ jurisdiction You have, pursuant to clause 1.3 of these Terms and Conditions of Use, irrevocably submitted, alternatively, and at Savannah Cargo ’s sole option, if the defendant is not Savannah Cargo, by the courts and according to the law of that place where the defendant has its registered office.
If you have any questions or comments about these Terms and Conditions or the use of this Website you may contact:
5037 Martin Luther King Jr Frwy,
Fort Worth TX 75119.
Please address your E-mail to firstname.lastname@example.org