Global Corporate Logistics Account User Agreement
This Agreement will apply to all Users of the www.globalcorporatelogistics.com, www.gclparcel.com portal (the “Portal”), including but not limited to any related services, message boards, and the User’s relationship with any and all individuals and companies associated with the Portal. You must read and agree to this Agreement which shall govern your use of this Portal. By accessing and/or using any part of this Portal, you indicate that you, the user (hereinafter referred to as the “User”) agree to the provisions of our Agreement and agree to be bound by this Agreement. If you do not agree with the provisions of Agreement or you do not wish to be bound by this Agreement, you may not access or use the Portal and you should exit the Portal immediately.
1. USE OF AND ACCESS TO THE PORTAL
1.1 The User shall be responsible for providing and maintaining the means by which the Portal is accessed, which may include, but is not limited to, User’s computer or mobile device, connectivity hardware, and telecommunication lines.
1.2 The User shall be responsible for all access and service fees necessary to connect to the Portal and assume all charges incurred by use of such connectivity services. The User further assumes all risks associated with the use and storage of information on their computer, mobile device or on any other computer or device through which the User will gain access to the Portal.
1.3 The User represents and warrants that s/he/it has implemented and plans to operate and maintain appropriate protection in relation to the security and control of the User’s device and any information and data contained thereon.
1.4 The User agrees that Global Corporate Logistics will not be liable in any way to such User in the event of failure of or damage to or destruction of such User’s device, including but not limited to, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or equipment or software.
1.5 The User will not, in any way, whether directly or indirectly, expose Global Corporate Logistics or any of Global Corporate Logistics’ online service providers to any computer virus or other similarly harmful or inappropriate material or device.
1.6 The User shall not place any speculative, false or fraudulent orders in anticipation of demand. The User agrees that this Portal shall only be used to place legitimate Consignment bookings for the User or another person for whom the User is legally entitled to represent.
1.7 The User agrees to make payment of all amounts due. The User agrees to be solely liable for the payment of any and all charges, fees, duties, taxes and assessment arising out of our services.
1.8 The User agrees to use the Portal only for lawful purposes and acknowledges that failure to do so may subject to User to civil and/or criminal liability.
2. AGE RESTRICTION AND AUTHORISED REPRESENTATIVES
2.1 The User must be 18 years of age or older to use this Portal. This provision applies only to natural persons.
2.2 By accessing and/or using this Portal, the User represents and warrants that s/he is 18 years of age or older, as applicable, and fully able and competent to enter into, and abide by, this Agreement. If the User is not 18 years of age or older, such User may not access and/or use this Portal and should exit the Portal immediately.
2.3 The User represents that s/he is the duly authorised representative of the entity and has the legal right and ability to create binding obligations for any liability incurred as a result of the User’s use of the Portal.
3. USER’S ACCOUNT
3.1 When the User creates an account through the Portal, the User must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Agreement, which may result in the User being charged for any and all losses and/or damages resulting from any such inaccurate information. Should the User regularly provide inaccurate, and/or incomplete information, Global Corporate Logistics reserves the right to immediately terminate the User’s account. Global Corporate Logistics will not be liable for any losses or damages the User may incur as a result of such termination of a User’s account, including loss of information.
3.2 The User will be required to choose a Username and Password to create an account on the Portal. The User shall be entirely responsible for safeguarding the password to the account on the Portal and for any activities or actions under the User’s password, whether the User’s password is for this Portal or a third-party service.
3.3 The User agrees not to disclose their password to any third party. The User must notify us immediately upon becoming aware of any breach of security or unauthorised use of User’s account.
3.4 Global Corporate Logistics will not be liable for any losses the User may incur as a result of a third party using their password or accessing their account, either with or without the User’s consent.
3.5 The User warrants that all information supplied and provided through the account is true and accurate and that this information will be kept up to date.
4. DISCLOSURE OF PERSONAL DATA
4.2 By entering an email address on the Portal, the User agrees to receive all required notices electronically, to that e-mail address. It is the User’s responsibility to update or change that email address, as appropriate.
4.3 Global Corporate Logistics may act on any instruction or communication, whether made by e-mail or otherwise, if we believe, in good faith, that it has been given or sent by the User or on the User’s behalf. There may be delays in executing any instructions that the User sends to us via e-mail or otherwise, for example, we may receive an e-mail outside of normal business hours, in which case we will only act thereon as soon as may be practicable on the next business day.
4.4 The User hereby acknowledges and agrees that Global Corporate Logistics shall bear no responsibility and/or liability for reviewing or evaluating any Personal Data submitted to the Portal.
5. TRANSFER OF INFORMATION
6. LEGAL RESTRICTIONS
6.1 The User may electronically store the content available on the Portal for personal, non-commercial use only. Any other use, reproduction, modification, distribution, republication, retransmission, storage or incorporation of any part of the Portal in any other work, is prohibited without the prior written consent of Global Corporate Logistics.
6.2 Through the User’s account, such User will be granted a non-transferrable right to use and access the Portal for its intended purpose only. The User does not acquire any rights or interest in the Portal apart from the use rights granted to the User through their account.
6.3 Global Corporate Logistics retains all right, title and interest in and to any and all intellectual property rights to and in any material or content of the Portal. This shall include, but not be limited to, copyright, trademarks, patents, as well as developments, customisations, enhancements and future releases of the Portal and may not be used or reproduced without the written permission of Global Corporate Logistics.
6.4 The User is prohibited from exploiting the Portal commercially; the User may not licence, lease, rent, assign, transfer, sell or subject the Portal to any other form of commercial exploitation.
6.5 The User is prohibited from making any alterations whatsoever to the code including (but not limited to) alterations which hide or obscure advertising and links to the Portal or third party websites accessible via the Portal. The User may not circumvent any mechanism included in the code and/or the Portal for preventing unauthorised reproduction or distribution. Without prejudice to any other right, Global Corporate Logistics is entitled to immediately block the User’s use of the Portal in the event that the User breaches this Agreement.
6.6 The User is further prohibited from reverse engineering, decompiling, decoding, decrypting, disassembling, or in any way deriving source code from the Portal.
6.7 Without limiting the foregoing, the User understands that laws regarding shipping and Consignments may vary throughout the world, and it is the User’s sole obligation to ensure that they comply fully with any law, regulation or directive, applicable to such User’s country of residence with regards to the use of the Portal. The ability to access Global Corporate Logistics’ Portal does not necessarily mean that the services, and/or the User’s activities via the Portal, are legal under the laws, regulations or directives applicable to the User’s country of residence.
7. USER CONTENT
7.1 Any comments or materials sent to Global Corporate Logistics, whether through the Portal or otherwise, including feedback data, such as questions, comments, suggestions or the content of any such documents, shall be deemed to be the property of Global Corporate Logistics. Communications sent in respect of this Portal or Global Corporate Logistics, through whatever means shall be non-proprietary. Global Corporate Logistics will be free to use the content of these communications, including but not limited to concepts, idea, inventions and techniques.
8. USER OBLIGATIONS
8.1 When arranging for a collection and/or delivery with Global Corporate Logistics you, as the User, agree to provide accurate material details in relation to the Consignment, including, but not limited to, address details, details of content, declared dimensions and weight.
8.2 Global Corporate Logistics shall not be liable to You, under any circumstances, where there are any material discrepancies, as determined, between the declared dimensions and weight and the actual dimensions and weight.
9. BREACHES OF THIS AGREEMENT
9.1 Without prejudice to any other rights available to Global Corporate Logistics under this Agreement, if the User breaches this Agreement in any way, we reserve the right to take such actions as may be necessary and we deem appropriate in order to deal with such breach. This may include suspending the User’s access to the Portal, prohibiting the User’s access to the Portal, and/or bringing court proceedings against the User.
10.1 The User shall indemnify, and keep indemnified, Global Corporate Logistics against any loss, liability and cost which Global Corporate Logistics incurs as a result of the User’s use of the Portal other than in accordance with this Agreement except in so far as such loss, liability or cost arises from Global Corporate Logistics’ negligence or breach of this Agreement.
10.2 The User agrees to protect and fully compensate Global Corporate Logistics and their affiliates from any and all third party claims, liability, damages, expenses and costs, including, but not limited to, reasonable attorney’s fees, caused by or arising from the User’s use of the Portal, services, the User’s violation of this Agreement or infringement, or infringement by any other user of the User’s account, of any intellectual property or other right of anyone.
10.3 When using the Portal, the User agrees to abide by and comply with all applicable laws, any applicable foreign and/or domestic regulatory body, and the User shall indemnify Global Corporate Logistics for any breach of this provision.
11.1 The Portal, its content and any services are provided “AS IS” and “AS AVAILABLE” and without any warranty of any kind, either express or implied. All material accessed or downloaded from the Portal is obtained and used at the User’s own risk. Global Corporate Logistics does not guarantee the accuracy, timeliness and/or completeness, or in any way endorse the views, recommendations and/or opinions expressed in the information on the Portal.
11.2 THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES AND/OR INJURY THAT MAY BE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
11.3 It is the User’s responsibility to use appropriate virus/protective software. Global Corporate Logistics makes no warranty that the Portal will operate uninterrupted or error-free.
11.4 All conditions, warranties and representations, expressed or implied by (i) statute, (ii) common law or (iii) otherwise, including, without limitation, conditions, warranties or representations of fitness for a particular purpose or satisfactory quality, are excluded to the fullest extent permissible by law.
11.5 By accessing and/or using this Portal, the User acknowledges and accepts this disclaimer.
12. LIMITATION AND EXCLUSIONS OF LIABILITY
12.1 Nothing in this Agreement will:
- a) limit or exclude Global Corporate Logistics’ or the User’s liability for death or personal injury resulting from negligence;
- b) limit or exclude Global Corporate Logistics’ or the User’s liability for fraud or fraudulent misrepresentation;
- c) limit any of Global Corporate Logistics’ or the User’s liabilities in any way that is not permitted under applicable law; or
- d) exclude any of Global Corporate Logistics’ or the User’s liabilities that may not be excluded under applicable law.
12.2 Any limitations and exclusions of liability, as referred to in this section and elsewhere in this Agreement:
- a) are subject to paragraph 12.1; and
- b) govern all liabilities arising under this Agreement or in relation to the subject matter of the Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
12.3 Global Corporate Logistics shall not be liable for any direct, indirect or consequential loss or damage (including, without limitation, loss of profits, business, anticipated savings, goodwill, use of data) caused by the use and/or reliance on, or the inability to use, the Portal which results, without limitation, from inaccurate information, omissions, interruptions, suspension, errors, defects, viruses, delays in operation or transmission, or any other failure of performance with respect to the Portal (unless otherwise provided for by law).
12.4 By using the information and services on the Portal, the User agrees to assume full responsibility for all gains and losses, as well as any other losses, including but not limited to financial and otherwise. Furthermore, Global Corporate Logistics shall not be liable to the User for any losses arising out of any event/s that are beyond our reasonable control.
13.1 Global Corporate Logistics reserves the right to terminate the User’s access to the Portal, without cause or notice, which may result in the forfeiture and destruction of all information associated with such User.
13.2 Global Corporate Logistics reserves the right to, and may, terminate or temporarily suspend a User’s access to the whole or any part of the Portal, without notice, for conduct that Global Corporate Logistics deems to be in violation of this Agreement or any of its policies or guidelines, or for any other reason in its sole discretion. Such termination or temporary suspension may result in the forfeiture and destruction of all information associated with such User.
13.3 Global Corporate Logistics will bear no responsibility or liability from such termination or suspension or loss of information associated with such User.
- 14. TRADEMARKS AND COPYRIGHTS
14.1 All rights, titles and interests in and to the contents of the Portal, and Global Corporate Logistics’ trademarks, services marks, trade names, and logos are owned by Global Corporate Logistics, or its affiliates, or other licensors and are protected by copyright and trademark laws, and international treaties.
14.2 The User agrees not to delete any copyright notices or other indications of protected intellectual property rights from materials that the User prints or downloads from the Portal. The User will not obtain any intellectual property rights or any right or license to use such materials or the Portal, other than as expressly set out in this Agreement.
14.3 Images displayed on the Portal are either the property of Global Corporate Logistics or its licensors. The User agrees not to upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights and the prior written consent of Global Corporate Logistics.
14.4 Nothing contained on the Portal may be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark without the written permission of Global Corporate Logistics or any third party that may own the trademarks. The User’s use of trademarks, or any other content of the Portal, except as provided herein, is strictly prohibited.
15. THIRD PARTIES
15.1 Exclusion of third party rights. This Agreement is for the benefit of Global Corporate Logistics and the User and is not intended to benefit any third party or be enforceable by any such third party. Save where expressly provided for herein, there shall be no third party beneficiaries under this Agreement and the exercise of Global Corporate Logistics’ and the User’s rights in relation to this Agreement is not subject to the consent of any third party.
15.2 The Portal may contain links to third party applications and/or websites that are not owned or controlled by Global Corporate Logistics. Global Corporate Logistics cannot accept liability or responsibility for any statements, information, products, services or policies that are accessed or provided to the User through any external third party or third party links. Global Corporate Logistics advises the User to read the privacy statements and Agreement of Use of these third parties and/or third party links. These third parties and/or third party links have been provided for convenience and information purposes only and shall not be deemed an endorsement by Global Corporate Logistics of the content thereof. Global Corporate Logistics has no responsibility for the content of such third party links and accepts no liability for any losses whatsoever that may be incurred as a result of any linking to such.
16.1 Global Corporate Logistics reserves the right to make changes to this Agreement from time to time and without notice to the User, by posting such changes on the Portal and when they become effective. By using the Portal following any such changes to the Agreement, the User agrees to be bound by any such modifications to the Agreement.
17. NON-WAIVER OF RIGHTS
17.1 Global Corporate Logistics’ failure to enforce any of the rights or provisions afforded to Global Corporate Logistics under this Agreement will not be considered a waiver of those rights.
18.1 In the event that any provision of this Agreement is held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, the validity or enforceability of the remaining provisions will not be affected, and the illegal or unenforceable provision or part shall to that extent be deemed not to form part of this Agreement.
18.2 In the event that a provision of this Agreement is found to be void under applicable laws and regulations but would be valid if some part thereof were deleted or the period or area of application reduced, such provision shall apply with such modification as may be necessary to make it valid and effective.
19. FORCE MAJEURE
19.1 The User agrees that Global Corporate Logistics will not be liable in any way to the User or to any other person in the event of force majeure (including, but not limited to, the act of any government or legal authority) or for the failure of or damage or destruction to the User’s computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software.
20. GOVERNING LAW AND JURISDICTION
20.2 Global Corporate Logistics is a business operating in England. This Agreement shall be governed by and construed in accordance with English law, and any disputes relating to this Agreement will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
If you have any questions about this Agreement, please feel free to contact us.