The following terms and conditions of use constitute a legal agreement between you and ZIM Integrated Shipping Services Ltd. ("ZIM") regarding the access and use of the website (respectively the "Website" and "Terms"). By accessing, browsing and/or using the Website, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use the Website.
- Access and Use of this Website.
- You are permitted to use, download, and print any page of the Website only for the purposes reasonably anticipated on the Website or as otherwise might reasonably be expected in the course of your relationship with ZIM and in accordance with any procedures from time to time in force on the Website. Copying, reproducing, displaying, posting, downloading, re-transmission, re-publication, modification of the data or contents provided in the Website, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, is strictly prohibited without the prior written permission of ZIM.
- As a condition of your use of the Website, you will not use the Website for any purpose that is illegal or breaches any applicable laws or regulations or unlawful or otherwise prohibited by these Terms. You may not use the Website in any manner that could damage, disable, overburden, or impair any ZIM systems, including ZIM’s servers and/or the network(s) connected to any ZIM server, or interfere with any other party's use and enjoyment of the Website. You may not attempt to gain unauthorized access to any services, accounts, systems or networks through hacking, password mining or any other means. You may not: (i) 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 applicable laws or regulations, infringe any third party’s rights, or breach any applicable standards, content requirements or codes; (ii) post to, upload to, temporarily store on (if such facility is provided) or transmit through, the Website any information, materials or content that might be or might encourage conduct that might be illegal, unlawful, threatening, abusive, defamatory, obscene, vulgar, discriminatory, pornographic, profane or indecent; (iii) use the Website for the purpose of or as a means to send or distribute software viruses, trojan horses, or any computer code, files, or programs designed to disrupt, destroy, invade, gain unauthorized access to, corrupt, observe or effect software or hardware. .
- Intellectual Property Rights.
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 and similar rights and interests in all domain names, trademarks, logos, branding appearing on the Website and all content, or otherwise relating to the structure of the Website and the services offered by ZIM via the Website, vests in ZIM or its licensors.
- Interactivity, Third Party Links and Service Providers.
- ZIM may provide through the Website certain interactive services and features, such as tracking and tracing of containers and shipping schedules. You acknowledge that the data provided through such interactive services and features is for information and convenience only and is not definitive. ZIM does not warrant the accuracy or correctness of such data and any such data must be verified with applicable the local agents. Reliance on the information provided through the Website or its use is at Your own and sole responsibility.
- Monitoring and Unlawful Activity.
ZIM has no obligation to monitor the Website; however ZIM reserves the right to do so and prohibit or deny use or access at its sole discretion. Furthermore and without derogating from any other legal to which ZIM may be entitled, ZIM reserves the right to: (i) terminate or suspend your access to the entire Website or any part thereof at any time, without notice, for any reason whatsoever; (ii) restrict, edit or delete any materials provided or uploaded by You, without notice, for any reason whatsoever. ZIM reserves the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
- Accuracy of this Website.
While ZIM uses commercially reasonable efforts to ensure that the information contained in the Website is accurate and up to date, the Website could include technical or other mistakes, inaccuracies or typographical errors. ZIM does not warrant that the Content is accurate, sufficient, error free, complete or up to date at the time it is accessed. You should make further enquiries to satisfy yourself of the accuracy and completeness of any content before relying on it. Certain content may be labeled as indicative only, in which case ZIM makes no warranties at all in relation to its quality, accuracy, completeness or timeliness.
- Informative Data
Without derogating from the aforesaid, You acknowledge that the information and/or data being offered or provided through the Website or its use, including without limitation with respect to shipment and material handling, tips and recommendations, information relating to local regulations etc., is purely informative in nature and provided for your convenience only without any representation or warranty by ZIM. In no event will the information and/or data being offered or provided through the Website constitute professional, legal, or tax advice or full and accurate data.
You acknowledge and assume sole and full responsibility for any liability or loss incurred as a consequence of the use, directly or indirectly, of any information the information and/or data being offered or provided through the Website. You hereby irrevocably and unconditionally waive any claim or demand regarding reliance on any of the information and/or data being offered or provided through the Website or its use.
- You hereby acknowledge and confirm that in case of a conflict between these Terms or any other service information provided by the Website or its use and the information contained in the applicable ZIM's internal documentation/agreement, the internal documentation/agreement will prevail.
- Furthermore and without derogating from the aforesaid, the terms and conditions of ZIM's Bill of Lading/Seaway Bill, including without limitation the timetables, governing law and jurisdiction clauses detailed therein shall prevail and supersede these Terms and/or any of the information provided through the Website or its use.
- Personal Information and Privacy.
- Disclaimer of Warranties.
- EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AGREEMENT BETWEEN YOU AND ZIM, THE WEBSITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THE WEBSITE, ARE PROVIDED ON AN "AS IS" BASIS. ZIM, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. ZIM, ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE SERVICES, CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE USE OF THE WEBSITE. NO INFORMATION OBTAINED VIA THE WEBSITE SHALL CREATE ANY WARRANTY ON BEHALF OF ZIM.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- ZIM MAKES NO WARRANTY THAT THE WEBSITE OR THE SERVICES PROVIDED VIA THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT THE WEBSITE OR ANY OF THE SERVICES, INFORMATION AND CONTENT PROVIDED THEREBY OR VIA THE APPLICABLE SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Although ZIM uses reasonable attempts to exclude viruses or the like from the Website, it cannot ensure such exclusion. ZIM assumes no responsibility, and shall not be liable for any damages to or viruses or the like that may infect your computer equipment or other property on account of your access to or use of or browsing of the Website or your downloading of any material, data, text, images or other from the Website and no liability is accepted for viruses or the like. Please take all appropriate safeguards to protect Your hardware, software and communication systems in connection with Your use or access of the Website.
- Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ZIM OR ANY OF ITS SUBSIDIARIES, AFFILIATES, STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS OR SUPPLIERS (THE “ZIM PARTIES”) BE LIABLE, JOINTLY OR SEVERALLY, TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR USE OR ACCESS OF THE SERVICE, THE SITE OR ANY CONTENT APPEARING VIA THE SITE AND SERVICE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, PROFITS, USE, DATA OR OTHER INTANGIBLES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE ZIM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND REGARDLESS OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, AND THEN THE LIABILITY OF THE ZIM PARTIES SHALL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
- International Users.
The Website can be accessed from countries around the world and may contain references to ZIM’s products, services, and programs that are not available in your country. These references do not imply that ZIM intends to announce such products, services, or programs in your country. The Website is controlled and operated by ZIM from its offices within Israel. ZIM makes no representation that materials in the Website are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access and use the Website from other locations do so, on their own initiative and are responsible for compliance with applicable local laws and regulations.
- Remedies for Violations.
ZIM reserves the right to seek all remedies available at law and in equity for violations of these Terms, including but not limited to the right to block access from a particular Internet address to the Website and any other provider and their features.
- Governing Law and Jurisdiction.
The Terms are governed by and construed in accordance with the laws of the State of Israel and any action arising out of or relating to these terms shall be filed only in the courts located in Haifa and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
These Terms constitute the entire agreement between you and ZIM with reference to the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. In the event any provision of these Terms shall be deemed unenforceable, void or invalid, such provision shall be modified so as to make it valid and enforceable, and as so modified the entire Agreement shall remain in full force and effect. No failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.