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Terms & Conditions for use of 1-stop Web Service

1-stop.biz ("Site") is owned and operated by 1-STOP Connections Pty Ltd ABN 58102572544 ("1-STOP"). Following are the Terms and Conditions ("Terms") under which 1-STOP operate their web platform.


These Terms describe your responsibilities and, among other things, limits the liability of 1-STOP. BEFORE USING THIS SITE, PLEASE READ ALL OF THE TERMS CAREFULLY. BY ACCESSING ANY AREAS OF THIS SITE, YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THESE TERMS.
If you do not agree with any of these Terms, YOU MUST NOT USE THIS SITE.


Introduction

  1. 1-STOP provides a web site for you to view container and vessel movements, to gain access to various other applications that it provides and to create EDI messages for transmission to third parties. (In these Terms, "you", "your" or "user" refers to yourself individually, together with your respective related bodies corporate, all your employees, agents and representatives and those of your related bodies corporate).

  2. The Terms govern the use of this Site.

  3. 1-STOP may vary the Terms at any time at its sole discretion. If the Terms are varied, 1-STOP will notify you by placing a notice on this Site.



Accepting these Terms

  1. By using this site, you make 1-STOP an offer to use its services in accordance with the Terms. By accepting you on this site, 1-STOP accepts your offer to use its services in accordance with the Terms.

  2. As a condition of using this Site, you agree not to:


    1. use this Site or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is unlawful or prohibited by these Terms;

    2. access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose;

    3. bypass or circumvent measures employed to prevent or limit access to this Site;

    4. take any action that imposes, or may impose, in the discretion of 1-STOP, an unreasonable or disproportionately large load on the 1-STOP infrastructure; and

    5. deep-link to any portion of this Site for any purpose.


  3. You represent that you are of sufficient legal age and of sufficient authority within your company to create binding legal obligations for any liability you or your company may incur as a result of your use of this Site.

  4. These Terms are governed by and construed in accordance with the laws of the State of New South Wales, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.



Your Obligations

  1. You agree to accept all costs associated with the use of this site, including, without limitation, payments to other service providers such as software vendors, bureau services, Internet Service Providers or other network providers.

  2. You will advise 1-STOP in writing of the primary contact for all communication with 1-STOP, and will ensure that this contact is able to receive email alerts from 1-STOP at any time and take appropriate action to resolve any issues that may arise from use of 1-STOP services.



Indemnity

  1. You agree to indemnify 1-STOP, its agents and employees against:


    1. any loss or damage sustained by 1-STOP arising from incorrect or misleading data (including, without limitation, damage or injury to personnel, systems or equipment); and

    2. any claim or demand made by any third party due to or arising out of or in connection with your breach of these Terms or your infringement of any rights of a third party.




1-STOP's Obligations

  1. 1-STOP will:


    1. accept all costs of maintaining this Site, including any forms on this Site;

    2. maintain the platform 24 hours per day, 365 days a year;

    3. alert you by email 24 hours in advance of any scheduled interruption to this Site, and as soon as possible after any unscheduled interruption (and again when the interruption ends); and

    4. maintain a help desk facility 24 hours per day, 365 days a year.




Suspension or termination of registration

  1. 1-STOP reserve the right to suspend or terminate your registration and disable your access to this Site at any time, including if:


    1. you fail to comply with in any of your obligations in Terms 6 to 9;

    2. you infringe 1-STOP?s (and/or its related organisations) intellectual property rights referred to in Term 16;

    3. you breach another agreement you have with 1-STOP (and/or its related organisations);

    4. you use this Site for unauthorised purposes; or




No Warranties

  1. To the maximum extent permissible by law, 1-STOP excludes all terms, conditions and warranties, either expressed or implied, which arise out of or are in any way connected with any use of this Site. Without limiting the above, no warranty or guarantee is made (i) regarding the acceptance of any EDI message, (ii) that you will receive the lowest available price for goods and/or services available through this Site, (iii) regarding the availability of products and/or services through this Site or, where applicable, at any participating retailer or retailer location, (iv) that use of this Site and all software, products or services associated with this Site will be error free, (v) regarding the results that may be obtained from the use of this Site, (vi) regarding the completeness, accuracy, reliability or quality of any information content, data, service, advice or merchandise provided or available through this Site, or (vii) regarding the performance or non-performance of this Site. You expressly agree that the use of this Site is at your sole risk.



Limitation of liability

  1. To the maximum extent permissible by law, 1-STOP excludes all liability to you for any loss or damage, including, without limitation, liability arising in contract or tort (including negligence) which arises out of or is in any way connected with any use of this Site or with any delay or inability to use this Site, or for any information, products or services obtained through this Site. In the event that this limitation of liability is held by any court of law to be invalid, the maximum aggregate liability of 1-STOP shall not exceed A$10,000.



Third Parties

  1. If you use this Site to submit a EDI messages for or on behalf of a third-party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all terms and conditions applicable to this Site including all rules and restrictions applicable thereto. Each User using this Site for or on behalf of a Third Party agrees to indemnify and hold 1-STOP, its agents and employees harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defence), relating to the Third Party's or the User's failure to fulfill any of its obligations as described above. You are directly responsible for any EDI message submitted including for total charges and performance obligations.



Copyright

  1. You acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of 1-STOP and/or its third-party providers through this Site. Reproduction or storage of information or Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the Copyright Act 1968.



Privacy

  1. The 1-STOP Privacy Policy is incorporated into these Terms. Go to http://www.1-stop.biz/privacy.php


 

 


© 1-Stop Connections Pty Ltd 2003