Registered Users Terms and Conditions for Use of “eZIM”
Registered Users Terms and Conditions for Use of “eZIM”
Purpose and Applicability: These general terms and conditions apply to use of the ZIM Integrated Shipping Services Ltd (hereinafter referred to as “ZIM”) online platform (“e-ZIM”) for the purpose of booking transportation, issuing documentation or other services (“Services”) provided by ZIM.
2. e-ZIM Access, Registration and Use 2.1. Where access to and use of e-ZIM is desired by a User in order to contract with ZIM with respect to certain Services, the registration process must first be successfully completed. 2.2. When a User submits a registration application, the details and information provided by such User in the registration request may be validated, to the extent possible by ZIM or any third party on its behalf and upon approval, a CUCC shall be issued and such User shall become a Registered User, authorized to use and access ZIM’s Services via e-ZIM. For the sake of clarification and the avoidance of doubt, ZIM and/or its agents, representatives, subsidiaries and/or affiliated companies (“Agents”) shall be under no obligation to validate the identity of the User and/or the authenticity or accuracy of the User Data or User Information provided to ZIM and the Registered User and/or any third party on its behalf shall be solely and individually liable for any loss, expense or damage incurred by ZIM or its Agents in connection with any misrepresentation, omission, error, negligence or willful misconduct of the Registered User. 2.3. The Registered User is responsible for the accuracy and completeness of any User Data or User Information received by ZIM and/or its Agents, as that case may be. ZIM and/or its Agents shall not in any way be liable for any loss, cost or damage on account of incomplete or inaccurate User Data or User Information provided by a Registered User or any third Party on its behalf. 2.4. ZIM may regard any Registered User, especially with respect to use on behalf of a company/corporate as properly authorized by and/or entitled to legally bind the Registered User and to undertake in its name any legal or financial obligations associated with the contracting of Services from ZIM. Registered User shall be solely responsible to secure its registration details and to ensure that no unauthorized use is made in its name or on its behalf. Registered User shall be fully liable and shall indemnify ZIM and/or its Agents for any loss, cost or damage incurred on account of any misuse or unauthorized use of the registration details or a duly issued CUCC. 2.5. If any User Data or User Information inserted, posted or uploaded by a Registered User shall require ZIM or any of its Agents to contract, communicate or interact with third parties on behalf of and for the benefit of the Registered User, then the Registered User hereby appoints ZIM and its Agents, as the case may be, as ’Authorized Proxy’ to act on behalf of the Registered User as may be necessary in order to provide it with the required Services. The Registered User shall indemnify and hold harmless ZIM and its Agents against any claims, costs, losses, damages, actions, proceedings or any other liability whatsoever (including legal costs), unless caused by gross negligence or willful misconduct of ZIM or any of its Agents.
3. Booking Request and Booking Confirmation 3.1. Any Booking Request submitted by a Registered User shall be subject to the space availability on the carrier(s) requested, equipment availability and to the approval of any special cargo to be transported (if any). In additions all Bookings shall be subject to compliance with international treaties, laws and regulations, applicable to the Carrier and the transportation of Goods, as the case may be. 3.2. All Bookings are subject to the cargo acceptance policies and guidelines of ZIM available at https://www.zim.com/help/booking-confirmation-clauses. ZIM relies on User Information to be accurate, with full and correct cargo descriptions, precise cargo transportation or other Services required from ZIM. Registered User hereby undertakes and warrants that it shall provide the full and accurate details and information required by the Carrier for the transportation of the Goods and understands and accepts that any discrepancy in the information provided to the Carrier may affect the date, the rate and/or the ability to provide the requested Services. 3.3. The rate quote provided by ZIM prior to the Booking Request is an estimate dependent on information provided by the Registered User and may be subject to change on account of variations in applicable cargo charges, surcharges, fees, terminal handling charges, port fees, documentation fees, customs charges, overweight or additional weight charges, goods classifications, special services or cargo handling required, taxes, demurrage, etc. ZIM reserves the right to charge additional or different charges to those provided in the rate quote. 3.4. In addition, in the event the Shipping Instructions as defined below will not be provided by the Registered User via e-ZIM, additional or differing charges may apply. 3.5. All dates and times provided are reasonable estimates and may be subject to change without prior notice, for any reason, Furthermore, departure, transit, arrival and/or berthing times are estimated timeframes which cannot be guaranteed and may be subject to change for any reason with no prior notice. 3.6. Booking Goods transportation via the eZ Quote online platform is subject to these Terms and Conditions, and to the eZ Quote Terms and Conditions, found on https://www.zim.com/help/ez-quote-terms-and-conditions. 3.7. A Booking Confirmation notification will be sent to the Registered User via the e-ZIM. With respect to a Booking, Registered User is obligated to check and verify that the information received in the Booking Confirmation is accurate, full and precise. In the event an error or discrepancy is found, it is the responsibility of Registered User to notify ZIM of such error or discrepancy within 24 hours from the appearance of the Booking Confirmation notification in e-ZIM. The Booking Confirmation is deemed an acceptance of the full terms of carriage by both ZIM and the Registered User and the execution of a contract between the Parties. 3.8. Upon the establishment of a Booking, the Registered User shall be deemed a ‘Merchant’ and as such shall be responsible or liable for all of the shipper obligations, undertakings or liabilities. In the event another party or shipper is appointed or nominated by the Registered User (“Alternate Shipper”) in respect of a specific booking, such appointment or nomination may be rejected by ZIM in its sole discretion. In such case Registered User will remain the responsible or liable shipper. In any event of an Alternate Shipper, Registered User hereby warrants and represents that it has the power and the authority to legally bind and obligate the nominated or appointed shipper to the terms and conditions of the Booking, the provision of the Services by the Carrier and compliance with international laws and regulations applicable to the transportation of Goods by the Carrier. The terms and conditions and policies of the Carrier, may be found at https://www.zim.com/help/bl-terms-and-conditions. You hereby undertake to fully indemnify ZIM for any loss, cost or damage incurred in the event of the absence of authority to appoint or nominate an Alternate Shipper. 3.9. Online access to information regarding a Booking, and other online actions regarding such Booking, may be available by registering to My Zim services and subject to the terms and conditions in the Digital Services Agreement, found at [link].
4. Shipping Instructions 4.1. The submission of shipping instructions by the Registered User to ZIM shall include the following information as per Exhibit A and shall be deemed a declaration by the Registered User that the cargo and Goods may be packed, loaded and shipped in accordance with the term and conditions of the Booking. 4.2. You hereby warrant as to the accuracy and completeness of the details and information provided, including without limitation the accuracy of the cargo description, special storage and/or handling requirements (if any) and compliance with applicable laws, regulations and customs requirements.
5. Intellectual Property Rights 5.1. All right, title or interest in any intellectual property rights, whether registered or not, directly or indirectly related to e-ZIM, ZIM, or any respective third party (including but not limited to any copyrights, trademarks, domain names, designs, brand names, patents or other intellectual property) and any similar rights existing in any territory now or in future and similar rights and interests in all domain names, trademarks, logos, branding or other content appearing on e-ZIM, or otherwise relating to the structure of e-ZIM and the services offered by ZIM via e-ZIM, vests in ZIM or its licensors and shall remain the property of ZIM or any respective third party owner. 5.2. Permission by ZIM to use e-ZIM website and/or its content is granted only for the purpose of the provision of the Services by ZIM or any third party on its behalf or for purposes that may reasonable be expected or anticipated in the course of a User’s or Registered User’s use of the e-ZIM website or its relationship with ZIM or any third party on its behalf. 5.3. No content provided through the e-ZIM website may be copied, reproduced, displayed, posted, downloaded, modified in any way, unless specifically authorized by ZIM. 5.4. Posting, uploading or transmitting any information, materials or content through e-ZIM that may infringe upon any third party rights, be unlawful, abusive or inappropriate in any way and under any law or legal system worldwide is strictly prohibited. 5.5. ZIM does not warrant that or represent the use of the e-ZIM website, its content or the Services procured therefrom shall not infringe upon any third party rights. 5.6. ZIM makes no representation or warranty that the use of e-ZIM and the content therein is compliant with certain legal or regulatory requirements in different jurisdictions and Users or Registered User choosing to access e-ZIM from locations around the world, do so on their own initiative and responsibility and shall remain fully responsible and liable for compliance with the applicable laws and regulations.
6. Payment 6.1. Registered User shall pay any fees or charges applicable to the Services, within the timeframes and in the amounts specified when a Booking is made, or as otherwise advised by or agreed with ZIM, without any set-off or deduction.
8. Liability 8.1. The aggregate liability of ZIM Parties or any third party on its behalf to the User, Registered User and/or any other person acting on their behalf, directly in connection with the use of e-ZIM, online Services, the Carrier Information and/or any other information or data displayed on e-ZIM or obtained directly or indirectly from ZIM or any third party on its behalf, shall be limited to a sum of USD 2,500 in respect of any claim or series of claims arising from the same cause. 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, Registered User and/or any other person on it/their behalf, as a result of the User’s or Registered User’s access or use of e-ZIM 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”). 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 the respective applicable law. 8.2. User and/or Registered User shall indemnify and hold harmless any ZIM Parties against any claims, damages, losses or other liabilities (including any legal expenses incurred by any ZIM Parties) arising out of any act or omission (including negligence or violation of a duty of care) of User or Registered User or any third party on it/their behalf, as the case may be, in connection with these Terms and Conditions and/or the use of e-ZIM. 8.3. User and/or Registered User are hereby advised to obtain appropriate insurance coverage as may be necessary to manage their potential risks or losses, if any. 8.4. ZIM Parties will not be liable for any failure or delay in the performance of obligations arising from these Terms and Conditions, e-ZIM or the Services, or any loss, cost or damage incurred by the User or Registered User on account of a Force Majeure event including, without limitation governmental actions, changes in laws or regulations or their implementation or interpretation, sanctions, strikes, embargos, industrial actions, natural disasters, war terrorist acts, interruption or failure to power supplies or any other cause which could not be anticipated and is beyond the reasonable control of either Party.
9. Termination 9.1. ZIM, may in whole or in part, limit, suspend or terminate User’s or Registered User’s access to e-ZIM and/or Carrier Information and/or the provision of any other Services, including all online Services as the case may be, as follows: 9.1.1. For any reason, following a 14 days prior written notification. 9.1.2. Upon giving a written notice with immediate effect, in case: (i) the Registered User fails to make any payment within 7 days of a written notice from ZIM regarding such non-payment, (ii) the Registered User and/or any User is in material or ongoing breach of any provision of these Terms and Conditions and if curable, fails to cure such breach within 10 days of written notification from ZIM, (iii) Registered User’s assets or business are under receivership, has initiated a bankruptcy procedure, has initiated or intends to initiate processes of winding up, liquidation or dissolution of its business affairs; or 9.1.3. For reasons of scheduled or unscheduled maintenance, debugging or other error corrections operations. In such event ZIM shall use reasonable effort to give advance notice as to the interruption or suspension of use of e-ZIM, via the website. 9.2. Termination of these Terms and Conditions shall not affect any rights and remedies accrued by any Party up until the date of termination. Nor shall if affect any rights or obligations that are intended to continue after the termination.
10. Governing Law and Jurisdiction 10.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Israel and any dispute or conflict which arises from the use of e-ZIM, the Services and /or any information in connection therewith shall be subject to the exclusive jurisdiction of the respective courts in Haifa, Israel. 10.2. Notwithstanding the above, ZIM may, in its sole discretion, bring suit against or pursue any User or Registered User, in breach of these Terms and Conditions in any way, in any jurisdiction that may be relevant or appropriate with respect to the specific claim or suit.