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Terms of Use

This website (hereinafter referred to as “IBM Marine Services website”) is operated by IBM Marine Services (hereinafter referred to as “IBM Marine Services” or “we”). IBM Marine Services is registered in Romania and its address is at Str. Pescarilor 34, Constanța 900583, Romania.

Please, read these Terms of Use carefully before you start to use the IBM Marine Services website. By accessing the IBM Marine Services 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 IBM Marine Services website.

Access to the IBM Marine Services website

We reserve the right to restrict, suspend or terminate your access to the IBM Marine Services website, and suspend or amend all or any part of the service provided on the IBM Marine Services website without notice. We will not be liable if for any reason the IBM Marine Services website is unavailable at any time or for any period.

IBM Marine Services does not assure users of the safety of the IBM Marine Services website. Users are strongly recommended to have their own regularly updated precautions in place, such as anti-virus and malware software that meet minimum current standards for internet users.

Prohibited uses

Prohibited uses include but are not limited to:

  • Any act that would constitute a breach of an applicable local, national or international law and regulation;
  • Knowingly transmitting any data, sending or uploading any material containing viruses or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  • Accessing without authority, interfering with, damaging or disrupting:
    • any part of the IBM Marine Services website;
    • any equipment or network on which the IBM Marine Services website is stored;
    • any software used in the provision of the IBM Marine Services website; or
    • any equipment or network or software owned or used by any third party.

Limitation of liability

IBM Marine Services or any of its directors, employees or agents shall have no responsibility or liability for any direct, incidental, consequential, indirect, special or other damages, costs, losses or liabilities whatsoever and howsoever arising from:

  • Your access to, use, inability to use or change in content of the IBM Marine Services website;
  • Reliance on any information or materials contained on the IBM Marine Services website;
  • Computer viruses that may affect your computer equipment or other property by reason of your use of, access to or downloading of any material from the IBM Marine Services website.

The total liability of IBM Marine Services, its directors, employees or 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 IBM Marine Services 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).

Interactive Services

Where we offer any interactive service, the data these services provide is only for guidance. No warranty is made as to the accuracy of the information provided. Some interactive services are limited to those users who have an IBM Marine Services bill of lading, a container number or a booking number.

Please note that reasonable efforts have been made to ensure that the service content is accurate and up-to-date, however all information is given without any guarantee or representation as to its accuracy and under no circumstances whatsoever shall IBM Marine Services be liable for any direct, incidental, consequential, indirect, special or other damages, costs, losses or liabilities arising from reliance on any of the information or materials contained on the IBM Marine Services website.

Shipment tracking service

Your right to use this interactive service is strictly limited to tracking containers shipped by IBM Marine Services in which you have an interest. You shall use the service information and content in compliance with the rules set by these Terms and Conditions. The IBM Marine Services Tracking application may not work for users that hide or anonymize their identity or location. IBM Marine Services reserves the right to slow or stop entire access to IBM Marine Services Track and Trace data by automated processes, without prior notice.

Intellectual property rights

We, or the applicable third party owner, retain all right, title and interest (including copyrights, trademarks, patents as well as any other intellectual property or other right) in all information and content (including but not limited to text, data, images, graphics and logos) on the IBM Marine Services website. You shall not copy, download, reproduce, distribute, transmit or otherwise use any of the information and content on the IBM Marine Services website unless for your own personal, non-commercial use or unless you have obtained prior express written permission to do so from IBM Marine Services.

Nothing in these Terms of Use shall be construed as transferring any right, title or interest in the IBM Marine Services website or its content to you or anyone else.

Status of the IBM Marine Services website Terms of Use

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

Certain web pages or areas on the IBM Marine Services website may be subject to additional terms and conditions.

Links to other websites

The IBM Marine Services website may contain links to other websites owned by third parties. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of these websites. We do not assume any responsibility or liability for the actions, product, and content of any of such websites. Before you use any third-party website, you should review the applicable terms of use and policies for such website.

Governing Law and Jurisdiction

The contents of the IBM Marine Services website are governed by and shall be construed in accordance with the law of Romania. Any dispute arising out of or in connection with the contents of the IBM Marine Services 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 Bucharest, Romania. IBM Marine Services 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 IBM Marine Services considers appropriate in the circumstance of the case.

Changes to the Terms of Use

We may revise the Terms of Use of the IBM Marine Services 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. The Terms of Use published on the IBM Marine Services website are kept up to date.

General

These Terms of Use supersede all previous agreements, communications, representations and discussions between the parties relating to the website. No party will have the right of action against IBM Marine Services arising from any previous agreement, communication, representation and discussion in respect of the IBM Marine Services website.

Contact Information

If you have any questions or concerns about these Terms of Use, please contact us: