Term of Use
Any USER's access to and use of the PT HYPER MEGA SHIPPING. ("PT HYPER MEGA SHIPPING")
Web Site is subject to the following Terms of Use. By accessing, browsing and/or using this PT HYPER MEGA SHIPPING web site ("Web Site"),
USER acknowledges that he has read, understood, and agreed to be bound by these Terms of Use and agrees to comply with all applicable laws and regulations.
If USER does not agree to these terms, do not use this Web Site.
PT HYPER MEGA SHIPPING may at any time revise these Terms of Use, and USER will be bound by such revisions and should therefore periodically visit the Web Site to review any updating of the Terms of Use.
The user agrees that:
- All information contained in the Web Site shall remain at all times the property of PT HYPER MEGA SHIPPING.
- While the Web Site may contain other proprietary notices and copyright information, the Terms and Conditions of which have to obeyed and followed by the USER.
- USER shall not make any attempt to ascertain or obtain a Password assigned to any third party by PT HYPER MEGA SHIPPING or to make access to Information with respect to shipments of any third party with PT HYPER MEGA SHIPPING by using any Password other than the Password assigned to a particular USER.
- PT HYPER MEGA SHIPPING will use information provided by the USER for identification and contact related to its service and applications in order to establish service for the USER. In carrying out its services, PT HYPER MEGA SHIPPING may provide USER's information to its agents, group companies, subcontractors or independent contractors to the extent that such information is required for maintenance or service improvements. PT HYPER MEGA SHIPPING will do its best to supervise the security management of the aforementioned parties in order to safeguard such information.
- At any time PT HYPER MEGA SHIPPING may change and update any material on this Web Site without prior notice.
- All information presented in the Web Site is considered for information purposes only and does not constitute a legal contract between PT HYPER MEGA SHIPPING and USER unless otherwise specified.
- USER shall keep its Password and all information with respect to its shipments with PT HYPER MEGA SHIPPING confidential, and not reveal it to any third party except its directors, officers and employees (and, as to Information with respect to particular shipment(s), except broker, forwarder, shipper, consignee and/or notify party of such shipment(s)). USER shall further ensure that such directors, officers, and employees shall keep USER's Password and all such information confidential and not reveal them to any third party.
- Should USER's Password and/or any information with respect to USER's shipments with PT HYPER MEGA SHIPPING be revealed except as permitted by the preceding paragraphs, USER shall promptly notify PT HYPER MEGA SHIPPING of any such occurrence and shall defend, indemnify and hold PT HYPER MEGA SHIPPING harmless from and against any complaint, claim, liability, loss, damage and expense, including attorney's fees, arising out of, or in connection with, such revelation, or any subsequent misuse, alteration, misappropriation, or fraudulent use of such Password and/or Information.
- USER confirms that PT HYPER MEGA SHIPPING shall be free of any liability from revealing USER's Password, or any Shipment Information obtained through the use of USER's Password, by any third party, unless such disclosure was caused by PT HYPER MEGA SHIPPING' gross negligence.
- 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 as otherwise specified by PT HYPER MEGA SHIPPING.
- All sums specified on this Website or otherwise are exclusive of any sales 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.
- If the MERCHANT (includes the Consignor, the Shipper, the Receiver, the Consignee, the Owner of the Goods, the Holder or Endorsee of Bill of Lading, any Person owing, entitled to or claiming the possession of the Goods or Bill of Lading and anyone acting on behalf of any such person) fails to declare the cargo came correctly as per the agreement, conceal and incorrect declare the nature of cargo's danger, carrier shall (1) be entitled to request the MERCHANT to pay the Special Handling Cost USD20000 to the carrier within TWO working days from the date when the carrier find the concealment of declaration, (2) terminate the transportation of the shipment which was concealed declared by the MERCHANT and the other shipments of the same MERCHANT at once till the true cargo name and nature is identified, (3) have a lien on the cargo, return or auction the dangerous cargo which was concealed declared, furthermore, all cost and loss occurred will be on Merchant's account. The aforesaid clause shall be no impact on the carrier's claim against the MERCHANT for the loss and cost sustained by the carrier in consequence of incorrect declaration cargo name, concealed and incorrect declaration of the nature of cargo's danger as well as the measures (lien/auction) taken on the cargo which still under carrier's control shipped by the MERCHANT to achieve carrier's claim.
- If the MERCHANT (same as definition which stated in the TERMS AND CONDITON) changed the container's structure without authorization which leads to the breach of the agreement, (insert client name) shall pay the liquidated damage USD2000 to the carrier within TWO working days from the date when the carrier find the container's structure changed. The aforesaid clause shall be no impact on the carrier's claim against the MERCHANT for the loss and cost sustained by the carrier in consequence of changing the container's structure without authorization by MERCHANT.
Use Restrictions
The copyright in all material, including, but not limited to data, text, graphic, images, sound, and/or video, presented on this Web Site is held by PT HYPER MEGA SHIPPING or by the original creator of the material. None of the material may be copied, reproduced, distributed, published, posted, adapted, displayed or transmitted in any form or by any means without the prior written permission of PT HYPER MEGA SHIPPING or the copyright owner. USER also may not, without PT HYPER MEGA SHIPPING' written permission, "mirror" any material contained on this Web Site on any other server. Any unauthorized use of any material contained on this Web Site may violate the laws and regulations under the People's Republic of China, and the international treaties concerned.
Errors
All material on this Web Site is provided "as is" with no guarantee of accuracy, timeliness, completeness, reliability or of results obtained from the use of this material and without warranty of any kind, expressed or implied. PT HYPER MEGA SHIPPING or any of its affiliates, subsidiaries, directors, employees, agents or representatives of any kind ("Related Parties") is not responsible or liable for any errors, inaccuracies or omissions or from the results obtained from the use of this material.
PT HYPER MEGA SHIPPING and its Related Parties make no guarantee that USER may access, browse or use the Web Site in any time, and shall not be liable for the continued access to and use of Web Site and its material.
Privacy
Except as set out below, PT HYPER MEGA SHIPPING does not publish or disseminate any of the information registered via the Web Site.
- Obtain the express authorization of the user
- compliance with applicable law
- According to the court or the arbitration organization of the referee or ruling, and other judicial program requirements.
- According to the requirements of the relevant government departments.
- USER or USER's actions on the Web Site violating the Terms of Use or other actions aggrieving the interests.USER or USER's actions on the Web Site violating the Terms of Use or other actions aggrieving the interests.
- Must be exercised in order for the services provided by Carrier to the MERCHANT to be carried out normally.
Exclusion of Liability
- In no events will PT HYPER MEGA SHIPPING, and its Related Parties be liable for any decision made or action taken in reliance on the material on this Web Site or for any loss, damage or claims of whatever nature or for any direct, indirect, incidental, consequential, special, punitive or other damages whatsoever, including without limitation to, liability for business interruption or loss of data or profits arising out of access to or use of this Web Site, even if PT HYPER MEGA SHIPPING is expressly advised on the possibility of such damages.
- PT HYPER MEGA SHIPPING and its Related Parties assume no responsibility, and shall not be held liable for any damages to or viruses or other items of destructive nature that may infect USER's computer, any other software, hardware or other IT systems or other property on account of USER's access to or use of or browsing of the Web Site or USER's downloading of any material from the Web Site.
- PT HYPER MEGA SHIPPING and its Related Parties assumes no responsibility, and shall not be held liable for any damages whatsoever due to any third party's unjustified access to the Web Site, passwords or information or data in the Web Site.
- Third Party Hosting Service
We contract with one or more third parties to maintain and host the Carriers' Web site. Therefore, any information USER submit, including personally identifiable information, will be placed and stored on a computer server maintained by such third party. USER’s use of the Carriers' Web site and any provision of information, content or data to the Carriers' Web site constitutes USER’s acknowledgement that such information, content or data could pass through and may be stored in servers outside the control of Carriers and may be accessed by the administrator of such site and others that gain access to Carriers' server or stored files. USER’s agree that Carriers have no liability or responsibility for any disclosure, authorized or unauthorized, resulting from or arising in connection with such pass through or storage of same.
- If any Communication received by PT HYPER MEGA SHIPPING 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 PT HYPER MEGA SHIPPING, 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 PT HYPER MEGA SHIPPING' negligence.
- Where PT HYPER MEGA SHIPPING 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), PT HYPER MEGA SHIPPING and its agents are not responsible for: (a) any delay or failure by the third party in processing the Communication, information or content; or (b) the use of or reliance on any Communication, information or content by the third party.
- A Registered User and Individual Users may be unable to access or use any Protected 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 PT HYPER MEGA SHIPPING web site or otherwise). However, PT HYPER MEGA SHIPPING does not warrant that the local set-up of the Registered User and/or Individual Users in accordance with such minimum requirements will ensure access to, full functionality of or effective operation of the Website. The Registered User shall ensure that any party using such Protected Services on its behalf obtains any consents and/or licenses/permits required by law for such use.
Conflict
In case of any conflict between the Terms of Use herein or any service information in the Web Site and the information contained in the applicable PT HYPER MEGA SHIPPING' internal documentation, agreement, the terms on the back of the B/L shall prevail.
Linked Web Sites
PT HYPER MEGA SHIPPING makes no warrants or representations whatsoever regarding any other web site which USER may access through this Web Site. When USER access to a non-PT HYPER MEGA SHIPPING web site, please understand that it is independent from PT HYPER MEGA SHIPPING and that PT HYPER MEGA SHIPPING has no control over the content of that web site. In addition, a link to a non-PT HYPER MEGA SHIPPING web site does not mean that PT HYPER MEGA SHIPPING endorses or accepts any responsibility for the content or the use of such web site. It is up to USER to take precautions to ensure that whatever USER select for USER's use is free of viruses and other items of destructive nature.
Law and Venue
This Web Site, as well as these Terms of Use, shall be governed/constructed by the laws of the People's Republic of China. Any dispute or claim arising out of or in relation to this Web Site, including these Terms of Use, shall be subject to the exclusive jurisdiction of the Court in Shanghai, the People's Republic of China.
Personal Data
On our websites, PT HYPER MEGA SHIPPING may collect information about name, postal address, email address, other contact information, age, interests, gender, IP addresses and other personal data. Our websites are intended for a general audience, and PT HYPER MEGA SHIPPING does not knowingly collect personal data about any person under the age of 18 years.
PT HYPER MEGA SHIPPING process personal data for the following purposes:
- Provision of PT HYPER MEGA SHIPPING services and products and to accommodate your requests and inquiries
- Provision of newsletters offered by PT HYPER MEGA SHIPPING
- The purposes listed in the below cookie section
As a global group PT HYPER MEGA SHIPPING may transfer personal data collected by us on an aggregated or individual level to various divisions, subsidiaries of the same controlled shareholder. Personal data will not be disclosed to anyone outside the COSCO SHIPPING Group and its subsidiaries without USER’s consent unless permitted or required under applicable legislation.
We delete or anonymize USER's personal data when it is no longer needed for the purposes for which it was collected and subsequently processed.
If USER submits personal data to us, e.g. when registering for a newsletter, USER enjoys certain rights to access and rectify data, however, subject to certain legal limitations.
PT HYPER MEGA SHIPPING have implemented appropriate organizational and technical security measures to protect USER's personal data. PT HYPER MEGA SHIPPING store personal data on servers with limited access located in secured facilities, and our security measures are evaluated on an ongoing basis. The servers are protected by anti-virus software and firewalls, among other measures.