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Legal & Terms and Conditions

 
Cargo Handling Corporation Ltd (Business Registration Number C09004076)

 
GENERAL

The Cargo Handling Corporation Ltd Web Site is owned by Cargo Handling Corporation Ltd with its registered office at CHCL Building, Mer Rouge, Port-Louis, Republic of Mauritius, (hereafter referred to as CHCL). For the purposes of the CHCL Web Site Terms and Conditions "We", "Our" and "Us" refers to Cargo Handling Corporation Ltd. 

Please review these Terms and Conditions carefully before using this Web site. By using the CHCL Web Site, you indicate your agreement to be bound by these Terms and Conditions. These Terms and Conditions also then apply when you use the CHCL Web Site or areas of it from other internet sites which provide access to the CHCL Web Site in full or in part.

If you do not agree to any part of these Web Site terms and conditions, do not use this Web Site.

 
APPROPRIATE USE
 
All CHCL Web Site content and services (including but not limited to the CHCL Container Tracking System and Import Calculator) are provided solely for the purpose of enabling you to check and assess the amount payable to CHCL for services offered and to track containers in which you have an interest.
You may only use the Web Site in accordance with these Terms and Conditions and for the legally permitted purposes described above.
In particular, you indicate your agreement that you will: 
  • Not post, transmit or disseminate any information on or via this Web Site which is or may be harmful,  obscene, defamatory or otherwise illegal; 
     
  • Not use the Web Site in a manner which causes an infringement of the proprietary rights of others;
     
  • Not utilise any software, routine, device, or script which could interfere with the working of the CHCL Web Site including but not limited to the uploading of computer files with corrupt data or viruses;
  • Not make an unauthorised, false, or fraudulent tracking of containers belonging to a third party that has not agreed to the transaction;
     
  • Not deface, alter or interfere with the CHCL Web Site design or the underlying software code;
     
  • Not reproduce information from the CHCL Web Site for commercial purposes. This also includes communication and distribution of information resulting from the Tracking of Containers on web sites,  other online servers and / or any means whatsoever;
     
  • Not copy, distribute, in other way use or reproduce discarded content from the CHCL Web Site with the help of 'robots', other search machine technologies or through other automatic mechanisms;
     
  • Not obtain or attempt to obtain unauthorised access, via whatever means, to any of CHCL’s systems;
     
  • Not take action that could expose the CHCL Web Site to an excessive and/or unreasonable data load;
     
  • Not block, overwrite or modify any CHCL generated content or in other way disrupt the CHCL Web Site.

     
INTERACTIVE SERVICES
 
We may from time to time provide interactive services on the CHCL Website, including, without limitation :
  • Container Tracking Information
  • Import Calculator
  • Berthing plans
 
Where we do provide any interactive service, the data these services provide is for information only and are not definitive. No warranty whatsoever is made as to the accuracy of the data provided. Any results or calculations produced using these interactive services, including, without limitation, demurrage fees through the Tracking of Containers System and / or Import Calculator are for guidance only and are subject to confirmation by the CHCL.
 
 
RESULT FROM INAPPROPRIATE USE

Without prejudice to any of Our other rights (whether at law or otherwise), Cargo Handling Corporation Ltd reserves the right to cancel/change/alter your username and password, and/or deny you access to this Web Site in case we believe (in our absolute discretion) that you are in violation of these Web Site Terms and Conditions. 
 
When a breach of this policy has occurred, We may take such action as we deem appropriate. Failure to comply with our Terms of Use constitutes a material breach of the terms upon which you are permitted to use the CHCL Website, and may result in our taking all or any of the following actions :-
 
  • Immediate, temporary or permanent withdrawal of your right to use the CHCL Website
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to the CHCL Website
  • Issue a warning to you
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, an indemnity for administrative and legal costs)       resulting from the breach
  • Further legal action against you to recover damages, including without limitation for reputational damages, or any other legal remedy available to Us
  • Disclosure of such information to law enforcement authorities as we feel appropriate in our absolute discretion
  

AMENDMENTS TO THE CHCL WEB SITE

At any time, CHCL reserves the right and without prior notice to anyone, to do enhancements or changes related to the information, services, products and other contents of the CHCL Web Site. 

CHCL undertakes all reasonable efforts to keep its Web Site accurate and up-to-date. It regularly verifies and updates the information on its Web Site whilst making no commitment to update the information.
CHCL may make changes to the information on the Web Site or to services described on it at any time without prior notice.
 
Please note that all information and services on this Web Site are provided "as is" and "as available" without warranties of any kind either express or implied.
 
To the maximum permitted by law, CHCL accepts no responsibility, liability in connection with use, inability to use or the results of use of this Web Site, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Web Site or your downloading of any material from this Web Site or any web sites linked to it, nor does CHCL provide any guarantee that the Web Site will meet your requirements including but not limited to being uninterrupted or error free, that defects will be corrected, or that this Web Site or the server that makes it available are free of viruses or bugs or represent the full or part of the Web Site.

 
LINKS TO/FROM OTHER WEB SITES

This Web Site may include links to other internet sites. We do not endorse any such web sites and we are not responsible for the information, material, products or services contained on or accessible through those web sites. Your access and use of such websites remains solely at your own risk. 

Any third party wishing to link to this Web Site may do so only with our express prior written permission. We expressly reserve the right to withdraw our consent at any time to a link which in our sole opinion is inappropriate or controversial.

 
LIABILITY AND INDEMNITY

We will not be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of access to, or the use of this web site or any information contained in it, including loss of profit, whether based on breach of contract, tort (including negligence), product liability or otherwise. 
CHCL does not accept any responsibility or liability for any loss or damages of whatever nature and howsoever arising from reliance on any information or materials contained on the CHCL Website even when such loss or damage arises from our act, neglect or default.
 
CHCL will not be liable for damage if any resulting from a computer virus, whether or not you have taken internet user precautions. Nor will We be liable for any damage to a Third party to any information or data contained in the CHCL Website.
 
CHCL does not guarantee that access to use of the CHCL Website will be uninterrupted or error-free. CHCL has no responsibility for the content of external internet websites which are linked to or from CHCL Website.


You agree to indemnify, defend and hold Us harmless from any liability, loss, claim, costs and expenses (including without limitation reasonable legal costs) arising out of your breach of these Terms and Conditions. 
 

PROPRIETARY RIGHTS

Ownership of all copyrights, database rights, patents, trade or service marks, design rights ( whether registered or unregistered), trade secrets and confidential information and any similar rights existing in the Republic of Mauritius or in the future (“Intellectual Property Rights”) and similar rights and interests in all domain names, logos and branding appearing whatsoever on the Website and all content, or otherwise relating to the structure of the Website and the Services offered by CHCL via the Website vests in CHCL.
 
All copyrights, database rights, patents, trade or service marks, design rights ( whether registered or unregistered) and other intellectual property rights in the materials on this Web Site (as well as the organisation and layout of this Web Site) together with the underlying software code are owned either directly by Us or by Our licensors.
 
You may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Web Site or the underlying software code whether in whole or in part without our written permission.
However, the contents of this Web Site may be downloaded, printed or copied on a single computer for your personal non-commercial use, provided you keep intact all accompanying copyright and other proprietary notices.
 
Graphics and images on this Web Site are protected by copyright and may not be reproduced or appropriated in any manner without the written permission of their relevant owners. Modification of any of the materials or use of the materials for any other purpose will be a violation of CHCL copyright and other intellectual property rights and the copyright and intellectual property rights of the respective owners. 
  
APPLICABLE LAW AND JURISDICTION

These Web Site Terms and Conditions shall be governed by, construed and interpreted in accordance with the law of the Republic of Mauritius and the courts of the Republic of Mauritius will have exclusive jurisdiction in case of any dispute.