Terms & Conditions

This is a website operated by MSC Mediterranean Shipping Company S.A (hereinafter called "MSC" or "we").  MSC is registered in Switzerland and its registered office is at 12-14 Chemin Rieu, 1208 Geneva, Switzerland.

These Terms of Use tell you the way in which you may make use of the website www.mscgva.ch and all associated MSC websites (both separately and together referred to as the "MSC website").  Please read these Terms of Use carefully before you start to use the MSC website.  By using the MSC website, you indicate that you accept these Terms of Use in every respect and without reservation and that you agree to abide by them.  If you do not agree to these Terms of Use, please refrain from using the MSC website.


Access to the MSC website

Access to the MSC website is permitted on a temporary basis, and we reserve the right to suspend or amend all or any part of the service provided on the MSC website without notice.  We will not be liable if for any reason the MSC website is unavailable at any time or for any period.

Parts of the MSC website are limited to those users who have an MSC Bill of Lading or Container number, and may be subject to further terms and conditions in addition to these Terms of Use.  We have the right to block access to restricted areas of the website if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

You may use the MSC website only for lawful purposes.

Because some users of the internet perform illegal and malicious acts, MSC does not assure users of the safety of the MSC website. Users are strongly recommended to have their own regularly updated precautions in place, such as anti-virus and malware software, that at minimum meets typical current standards for internet users ("internet user precautions").


Prohibited uses

Prohibited uses include but are not limited to use :

• In any way that breaches any applicable local, national or international law or regulation
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
• To copy, download, reproduce, distribute or use any of the material found on the MSC website unless for personal use or unless you have obtained express written permission to do so from MSC or:
• Knowingly to transmit any data, send or upload any material containing viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware ("computer viruses")

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of the MSC website in contravention of the provisions of the Terms of Use
• Not to access without authority, interfere with, damage or disrupt:
  - any part of the MSC website
  - any equipment or network on which the MSC website is stored
  - any software used in the provision of the MSC website; or
  - any equipment or network or software owned or used by any third party

Interactive Services

We may from time to time provide interactive services on the MSC website, including, without limitation:

• MSC tracking and tracing of containers
• MSC Ocean Schedules and Sailing Schedules

Where we do provide any interactive service, the data these services provide is for information only and are not definitive. No warranty whatsoever is made as to the accuracy of the data provided. Any results or calculations produced using these interactive services, including, without limitation, demurrage fees through the Tracking and Tracing System are for guidance only and are subject to confirmation by the appropriate local Agents.


Suspension and Termination

We will determine, in our discretion, whether there has been a breach of the Terms of Use through your use of the MSC website. When a breach of this policy has occurred, we may take such action as we deem appropriate. Failure to comply with our Terms of Use constitutes a material breach of the terms upon which you are permitted to use the MSC website, and may result in our taking all or any of the following actions.

• Immediate, temporary or permanent withdrawal of your right to use the MSC website
• Immediate, temporary or permanent removal of any posting or material uploaded by you to the MSC website
• Issue of a warning to you
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, an indemnity for administrative and legal costs) resulting from the breach
• Further legal action against you to recover damages, including without limitation for reputational damages, or any other legal remedy available to us
• Disclosure of such information to law enforcement authorities as we feel is appropriate in our absolute discretion

We exclude all liability whatsoever to you for actions taken by us in response to breaches of a breach of these terms of website use, even if such action is proven to have been negligent. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.


Liability

MSC does not accept any responsibility or liability for any loss or damages of whatever nature and howsoever arising from reliance on any information or materials contained on the MSC website even when such loss or damage arises from our act, neglect or default.

MSC will not be liable for any damage resulting from a computer virus, whether or not you have taken internet user precautions. Nor will MSC be liable for any damage to a third party to any information or data contained in the MSC website.

MSC does not guarantee that access to and use of the MSC website will be uninterrupted or error-free. MSC has no responsibility for the content of any external internet websites which are linked to or from the MSC website.

In the event that MSC is found to have a liability, the total liability of MSC, its subsidiaries, affiliates, associates, subcontractors and agents to the user and any person acting on the user's behalf, howsoever arising out of or in connection with the Terms of Use and/ or the MSC website, services or content (including if arising from act, neglect or default) shall, in aggregate, in respect of any claim, or series of connected claims arising out of the same cause in any calendar year, not exceed USD 500 (United states Dollars Five Hundred Only).


Changes to the Terms of Use

We may revise the Terms of Use of the MSC website at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Please note that the version date of each edition of the Terms of Use is given at the beginning of this document to help you know when these Terms of Use have changed.


Status of Website Terms and Conditions

These Terms of Use shall not affect, or form part of, the terms of any contract of carriage with MSC or any of its agents.

MSC does not warrant or represent that the user or any other party’s use of the Content or the Services available via the MSC website will not infringe the rights of third parties.


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 the future ("Intellectual Property Rights") and similar rights and interests in all domain names, trade marks, logos and branding appearing on the website and all content, or otherwise relating to the structure of the website and the Services offered by MSC via the website, vests in MSC or its licensors.


Language

It is the express will of the parties that these Terms of Use and all related documents are drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.


Law and Juridiction

MSC may assist or co-operate with authorities in any jurisdiction in relation to any direction or request to disclose personal or other information regarding any user or the use of the MSC website, content or services.

The contents of the MSC website are governed by and shall be construed in accordance with the law of England & Wales. Any dispute arising out of or in connection with the contents of the MSC website or the use of any information or materials contained on the website shall be subject to the exclusive jurisdiction of the High Court of Justice in London. MSC shall, however, at its sole discretion, have the option to pursue any user who has or may breach these Terms of Use in any jurisdiction that MSC considers appropriate in the circumstances of the case.


General

These Terms of Use supersede all previous agreements, communications, representations and discussions between the parties relating to the website. No party will have a right of action against MSC arising from any previous agreement, communication, representation and discussion in respect of the MSC website (except in the case of fraudulent misrepresentation), and neither party has relied on any terms, warranties, representations or conditions other than those expressly stated in these Terms of Use. No modification or waiver of the Terms of Use shall be binding on MSC unless it is in writing and agreed by an authorised representative of MSC. Should you have any questions concerning these Terms and Use please contact MSC by e-mail at info@mscgva.ch and head your message "MSC website Terms of Use".

         

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