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myZIM Digital Services Agreement

This Digital Services Agreement (“DSA”) sets out the terms on which ZIM Integrated Shipping Services Ltd. (“ZIM”) will provide services to all users of the personal area found at https://my.zim.com (“myZIM” or the “Personal Area”), and is comprised of: (i) the terms set out herein below; (ii) additional terms appearing on the Personal Area applicable to the use of the Personal Area, including without limitation “myZIM Data Protection Policy”; (iii) special terms required for the use of specific services within the Personal Area, such as “Print B/L”; and (iv) any terms agreed between ZIM and each user of the Personal Area from time to time in writing with regard to particular services provided via myZIM. The DSA shall not affect or be deemed a part of ZIM’s Bill of Lading, Sea Waybill or any other contract of carriage with ZIM.
After clicking “submit” below, the DSA will be binding upon the user submitting the DSA, either as an individual, or as an authorized user on behalf of a company or other legal entity wishing to use the Personal Area (the “User”, the “Organization”), and identified by ZIM’s customer code (CUCC) or VAT number as used for registration to the Personal Area . 
Access or use of the Personal Area by any User indicates conclusive acceptance of the DSA, and the Organization will be responsible and liable for the acts and omissions of any User with respect to such access and/or use of the Personal Area as if done by the User in person.

1. Digital Access Means
1.1. In order to access the Personal Area, each User will be granted or will be required to create a personal username and password or other security measures as may be requested by ZIM from time to time (“Digital Access Means”).
1.2. The Digital Access Means are aimed to secure personal use only, and may not under any circumstances be transferred to or shared with other Users, including Users from the same Organization, or with other third parties. Each User will keep the Digital Access Means in strict confidence, not disclose it or otherwise make it available to any third party, and use it only for the intended purpose.
1.3. The User and / or the Organization will immediately notify ZIM of any disclosure or suspected disclosure of Digital Access Means, for any reason whatsoever, to any third party, or of any other circumstances that might reasonably compromise the security of the Personal Area.
1.4. In case any User ceases to be authorized to access and/or use the Personal Area, the Organization will ensure that such User ceases to use the Digital Access Means and the Personal Area and will delete the relevant Digital Access Means.
1.5. Without derogating from any right of suspension or termination of access and/or use of MyZIM provided in this DSA, ZIM reserves the right to suspend or deny access to the Personal Area of any User by disabling such User’s Digital Access Means, with no prior notice, where ZIM has reason to believe that the use of such Digital Access Means is fraudulent or otherwise jeopardizes the security of the Personal Area.

2. Use of the Personal Area
2.1. The User may not be able to access or use the Personal Area or certain services therein unless it installs, implements and maintains certain communication facilities meeting ZIM’s minimum requirements. However, ZIM does not warrant that such facilities will ensure access to, full functionality or effective operation of the Personal Area.
2.2. ZIM will use reasonable endeavors to make the applicable services and content available to the User on the Personal Area and to ensure that such content and/or services accurately reflect either ZIM’s records held on ZIM’s internal computer systems or information received by ZIM from third parties.
2.3. The Personal Area may not be used for any purpose that breaches any applicable laws or regulations or is otherwise prohibited by the DSA. The Personal Area may not be used in any manner that could damage, disable, overburden or impair any of ZIM’s systems, including ZIM’s servers and/or networks connected to any ZIM server, or interfere with any other party's use of the Personal Area.
2.4. The User may not: (i) use or permit any other party to use all or any part of the Personal Area in connection with activities that breach 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 Personal Area 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; and (iii) use the Personal Area 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.
2.5. ZIM is not liable for any delay or loss caused by the misuse or misapplication of the Personal Area and/or the Digital Access Means.
2.6. ZIM reserves the right to change, suspend or discontinue the services and content provided through the Personal Area or any part thereof at any time, without notice or liability.
2.7. ZIM may suspend access to the Personal Area and/or to certain services provided via the Personal Area from time to time for scheduled or unscheduled routine, non-routine or emergency maintenance or for any other reason ZIM considers necessary for the ongoing operation of MyZIM or any part thereof. Without derogating from Clause 2.5 above, ZIM may use reasonable efforts to give notice of such suspension via the Personal Area beforehand, where reasonably practical.

3. User’s Instructions
3.1. Any instruction, notification or other communication received by ZIM from a User via the Personal Area (for convenience, any and all will be referred to as “Instructions”), will be legally binding upon the Organization, and ZIM will be under no responsibility to check the authenticity of such Instructions, the authority of the User providing such Instructions or the compatibility of such Instructions with other communications received from any Users. Without derogating from the aforesaid, ZIM reserves the right at its sole discretion to avoid or delay any action pursuant to Instructions received where it has reason to believe that such Instructions are fraudulent and/or not duly authorized.
3.2. The responsibility for the contents of any Instructions in terms of accuracy and completeness, as well as to the proper transmittance of such Instructions to ZIM via the Personal Area, lies with the User and / or the Organization. ZIM shall not be liable for any delay or loss related to inaccurate or incomplete Instructions and/or Instructions not properly received.

4. Interactivity, Hyperlinks and Third Party Providers
4.1. ZIM may make available through the Personal Area certain features and/or services and/or data and/or hyperlinks, including certain interactive features, which are provided by external and independent third parties (“Third Party Providers”). ZIM disclaims all warranties, express, implied or statutory, with regard to each Third Party Provider and its respective feature and/or service and/or data and/or hyperlink, including but not limited to all warranties of accuracy, merchantability, fitness for a particular purpose, title and non-infringement.
4.2. ZIM may provide through the Personal Area certain interactive services and features, such as tracking and tracing of containers and shipping schedules. 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. Reliance on the information provided through the Personal Area or its use is at the User’s and / or Organization’s own and sole responsibility.
4.3. The User may not place hyperlinks to any area of the Personal Area.

5. Personal Area Content
5.1. While ZIM uses commercially reasonable efforts to ensure that the information displayed on MyZIM is accurate and up to date, MyZIM could include technical or other mistakes, inaccuracies or typographical errors. ZIM does not warrant that the content of MyZIM is accurate, sufficient, error free, complete or up to date at the time it is accessed. The User and / or the Organization should make further enquiries to verify the accuracy and completeness of any content before relying on it.
5.2. Without derogating from the aforesaid, certain information and/or data being offered or provided through the Personal Area 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 the User’s convenience only without any representation or warranty by ZIM. In no event will such information and/or data being offered or provided through the Personal Area constitute professional, legal, or tax advice or full and accurate data. The User or Organization will assume sole and full responsibility for any liability or loss incurred as a consequence of the use, directly or indirectly, of any information and/or data being offered or provided through the Personal Area, and hereby irrevocably and unconditionally waives any claim or demand regarding reliance upon or use of any such information and/or data.
5.3. The User and / or the Organization are responsible for the accuracy and completeness of any information, data, material or content uploaded or posted to the Personal Area (“User Content”), and will ensure that the User Content does not infringe any third party rights and is 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. The User or Organization shall jointly and severally indemnify and hold harmless ZIM and its affiliates, associates and agents against any claim, loss, damage, liability, action or proceeding and all related expenses (including legal costs) suffered by ZIM or any of its affiliates, associates and agents as a result of any breach of this provision.

6. Security
6.1. ZIM shall apply commercially reasonable, industry standard security measures in relation to the Personal Area and the protection of User’s and Organization’s information. The User and Organization confirm that the level of security provided by the proper use of the Personal Area, including the Digital Access Means, is adequate to protect User’s and Organization’s interests.
6.2. ZIM and the User and Organization shall each take reasonable precautions to ensure that their communications through the Personal Area as well as their own computer systems are not affected by viruses or other harmful components and that such components are not transmitted to or via ZIM or the Personal Area.
6.3. The User and / or Organization shall apply measures reasonably requested by ZIM from time to time regarding the security of the Personal Area.

7. Intellectual Property Rights
7.1. 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 existing or future rights in any territory and similar rights and interests in all domain names, trademarks, logos and branding appearing on MyZIM, or otherwise relating to the structure of MyZIM and the services offered therein, are and shall remain the property of ZIM or its licensors, unless expressly stated otherwise.
7.2. Unless otherwise stated herein, any content provided on MyZIM may not be copied, reproduced, displayed, posted, downloaded, retransmitted, republished or modified in any way, including but not limited to electronic, mechanical, photocopying, recording, or otherwise, without the prior written authorization of ZIM. However, User is permitted to use, download and print any content of MyZIM only for the purposes reasonably anticipated with regard to the Personal Area or as otherwise might reasonably be expected in the course of User’s and Organization’s relationship with ZIM and in accordance with the DSA.
7.3. The Organization’s logo and/or trademark may be displayed on the Personal Area, after being uploaded or provided to ZIM for such purpose by the User or the Organization. The Organization hereby confirms its agreement to the display of logo and/or trademark as aforesaid.

8. International Users
8.1. The Personal Area can be accessed from countries around the world and may contain references to ZIM’s products, services, and programs that are not available in the User’s or Organization’s country. These references do not imply that ZIM intends to announce such products, services, or programs in the User’s or Organization’s country.
8.2. The Use of Digital Access Means and/or the Personal Area may be subject to certain legal and/or regulatory requirements in different jurisdictions. ZIM makes no representation that any content of the Personal Area is permitted or available for use in particular locations. Users who choose to access and use the Personal Area from particular locations, do so on their own initiative.

9. Payment
9.1. The User or Organization will promptly pay all fees and charges applicable to any services or products provided via MyZIM within the time and in the manner of payment specified on the Personal Area or as otherwise advised by ZIM from time to time.
9.2. Unless stated otherwise, all sums specified on the Personal Area 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 User or Organization at the applicable rate.

10. Disclaimer of Warranties
10.1. Except as expressly provided otherwise herein, the Personal Area and all content and services accessible through the Personal Area 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 regarding the accuracy, completeness, security or timeliness of the services, content or information provided on or through the Personal Area.
10.2. ZIM makes no warranty that the Personal Area and/or the content and services provided therein will be uninterrupted, timely, secure or error free or that the Personal Area or any of the content and services provided therein or via the applicable servers will be free of viruses or other harmful components.
11. Liability and Indemnity
11.1. To the fullest extent permitted by applicable law:
(i) Under no circumstances shall ZIM or any of its subsidiaries, affiliates, stockholders, directors, officers, employees, licensors or suppliers and/or anyone acting on their behalf (“ZIM Parties”) be liable, jointly or severally, to the User and/or the Organization and/or any other person, as a result of the User’s access or use of the Personal Area or any content or service therein, for any indirect, consequential, incidental, special, punitive or exemplary damages, including but not limited to 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 has been advised of the possibility 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 provision to be unenforceable, then the liability of ZIM Parties shall be limited to the fullest possible extent permitted by applicable law.
(ii) The aggregate liability of ZIM Parties to the User or Organization and/or any User and/or any other person acting on their behalf in connection with the DSA and/or the Personal Area shall be limited to a sum of USD 1000 in respect of any claim or series of claims arising from the same cause.
11.2. The Organization is responsible to ensure all Users fully comply with the terms and conditions of the DSA. The Organization and the User will be liable jointly and severally for any breach of the terms and conditions of the DSA.
11.3. The Organization shall compensate, indemnify and hold harmless the ZIM Parties from and against any claim, liability, damage, loss, action or proceeding and all related expenses (including legal costs) suffered by the ZIM Parties arising out of or in connection with a breach of the DSA by the Organization and/or any User.
11.4. Except as otherwise stated herein, and to the extent permitted by applicable law, the ZIM Parties shall have no liability whatsoever with respect to the Personal Area or any of the services or content provided therein, the Digital Access Means and/or the User Content.

12. Termination
12.1. Without derogating from ZIM’s rights to suspend any services or content provided through the Personal Area as set forth in this DSA, ZIM shall be entitled to terminate all or part of the Organization’s and/or any User’s access or use of the Personal Area:
12.1.1. Upon giving a written notice with immediate effect, in case: (i) the User and / or Organization fails to make any payment within 3 days of a written notice from ZIM regarding such non-payment; or (ii) the Organization and/or any User is in material or persistent breach of any provision of the DSA and, if curable, fails to cure such breach within 7 days of written notice.
12.1.2. Upon giving 14 days prior written notice.
12.2. Termination of the DSA or any part thereof between ZIM and the User and / or Organization shall automatically terminate the relevant part of the DSA between ZIM and each User.

13. Conflict
13.1. In case of conflict between:
(i) The terms of the DSA and the terms of ZIM’s Bill of Lading or Sea Waybill, including without limitation the time bars, governing law and jurisdiction clauses detailed therein, the terms of the Bill of Lading or Sea Waybill shall prevail in relation to such Bill of Lading or Sea Waybill.
(ii) The terms of the DSA and the Terms of Use of ZIM’s website available at www.zim.com, the terms of the DSA shall prevail.
(iii) The terms set out herein and terms agreed between ZIM and the User and / or Organization from time to time with regard to particular services provided via MyZIM, the latter shall prevail.

14. Governing Law and Jurisdiction
14.1. The DSA is governed by and construed in accordance with the laws of the State of Israel and any action arising out of or relating to the DSA shall be brought before and determined by the courts in the city of Haifa which shall have exclusive jurisdiction.
14.2. Notwithstanding the above, ZIM shall have the right to bring a claim against the User and/or the Organization before any other competent court, in which case the law of such court shall apply.

15. Miscellaneous
15.1 The User and Organization may not assign or transfer any right or obligation under this DSA to any third party without the prior written consent of ZIM.
15.2. The DSA constitutes the entire agreement between ZIM and the User or Organization with respect to the use of the Personal Area, and it renders null and void any other agreement and/or understanding between the parties, whether written or oral, regarding such matter. No waiver of the DSA shall be binding upon the parties unless and until put in writing and duly signed by the parties.
15.3. ZIM may make modifications to the DSA from time to time without prior notice. The User and / or Organization is advised to periodically check the terms of the DSA as displayed on the Personal Area in order to review the current terms and guidelines. User’s further use of the Personal Area constitutes acceptance of such modifications.
15.4. ZIM may provide notice in writing to the User and / or the Organization to the email address specified by the User in the Personal Area or via the Personal Area. Service of a notice on a User shall also be deemed, if applicable, to be service on the Organization. Proof of transmission of any notice shall be deemed to be proof of receipt of the notice at the time when the notice would in the ordinary course be transmitted or received. Notice sent via the Personal Area shall be deemed to have been received when the notice is first available on the Personal Area for access by the User.
15.5. In the event any provision of the DSA 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 DSA shall remain in full force and effect.
15.6. No failure or delay in exercising any right, power or privilege hereunder shall constitute a waiver thereof on the part of ZIM, nor shall any single or partial exercise preclude any other or further exercise by ZIM of any right, power or privilege hereunder.