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Terms of use

 

 

These WORLDCOURIER.COM Terms of Use (these “Terms of Use”) govern the use of the WORLDCOURIER.COM Website at www.worldcourier.com and any successor website thereto (collectively, the “Website”) by you and those who act on your behalf.

The signature on a printed version of these Terms of Use or their acceptance or the viewing or use of the Website by you or those who act on your behalf will constitute agreement by you and those who act on your behalf to all of the terms and conditions provided in these Terms of Use. All references to “you” or “your” below refer to you and those who act on your behalf.

World Courier Management Inc. (“WCM”) is the owner of the Website and may change or modify these Terms of Use at any time and from time to time with or without notice and for any reason. Your subsequent viewing or use of the Website will constitute your agreement to such changes and/or modifications.

You may use the Website only in connection with your use of the services of WCM, the World Courier entity identified below your signature in a signed printed version of these Terms of Use or whose customer you are (“World Courier”), and/or their respective subsidiaries and affiliates (all of the foregoing shall hereinafter be referred to collectively as the “World Courier Companies” and individually as a “World Courier Company”). Click here for a list of the current principal World Courier Companies.

ADDITIONAL TERMS AND CONDITIONS REFERENCED OR PROVIDED IN THESE TERMS OF USE AND THROUGHOUT THE WEBSITE GOVERN YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION, APPLICATIONS, SERVICES AND PRODUCTS AVAILABLE THROUGH THE WEBSITE.

The Website is operated by WCM for the benefit of the World Courier Companies and their customers and those acting on behalf of said customers. All references to “World Courier customers” refer to current and prospective customers (as appropriate) of any or all of the World Courier Companies and those acting on behalf of said customers.

 

SECTION 1. USE OF THE WEBSITE

The Website is made available for the use of current World Courier customers in connection with the carriage of their shipments, allowing them to interact with the World Courier Companies. The Website is also a reference source for World Courier customers, providing information on various services and products available from the World Courier Companies. Any use of the Website by any other person or entity for any other purpose is prohibited. None of the World Courier Companies nor any of their respective shareholders, directors, officers, employees, agents, independent contractors, representatives or attorneys bear any liability or responsibility for any such prohibited use.

A currently registered World Courier customer may access advanced information and services through the Website, such as pickup, tracking, delivery and other information. If said customer has also signed a printed version of these Terms of Use and our main Terms and Conditions, it may also place its order and print waybills and related documentation through the Website (collectively, “Online Entry”). Non-registered World Courier customers may only access information of general interest and information about the World Courier Companies and their respective businesses, services, products and locations, and limited tracking information.

Any access to the Website to obtain information by automated inquiry devices or programs is strictly prohibited. Using or attempting to use the Website to compete with any of the World Courier Companies or to interfere with their businesses is strictly prohibited.

None of the World Courier Companies accepts ideas, concepts, or techniques for new services or products through the Website. If such information is received, it will not be considered confidential nor proprietary, and any World Courier Company will be free to use, communicate and exploit such information in any manner whatsoever.

 

SECTION 2. TERMINATION OF ACCESS

WCM may, in its sole and absolute discretion, discontinue, suspend or modify your or any other user’s access to the Website or any portion thereof at any time with or without notice and for any reason.

 

SECTION 3. ADVANCED FEATURES AND SERVICE REGISTRATION

WCM may add features and services to the Website for use by World Courier customers, or may change the existing features and services. WCM may make said additions and changes at any time and from time to time with or without notice and for any reason. Your subsequent viewing or use of the Website will constitute your agreement to said additions and changes.

You may register to use advanced features and services on the Website by obtaining a customer account from a World Courier Company and accepting these Terms of Use online. A registered World Courier customer may also have access to Online Entry by signing a printed version of these Terms of Use & the main Terms and Conditions and accepting the latest version hereof online. By registering, you agree to provide accurate and current information about yourself as initially requested by a World Courier Company, and further agree to maintain and promptly update your information. If any information provided by you is inaccurate or outdated, or if a World Courier Company has reasonable grounds to suspect that such information is inaccurate or outdated, any World Courier Company may suspend or terminate your registration and your or any other user’s access to the Website or any portion thereof any time with or without notice.

To register or use Online Entry, you will select a password to accompany your User Name. You will also provide a list of your employees and agents authorized to access Online Entry on your behalf, which may be amended from time to time. Each of those authorized will also select a User Name and password. Your and their User Names, with the respective passwords, will be associated with your account with World Courier. You are responsible for maintaining the confidentiality of said User Names and passwords and for any and all activities and use of the Website by you or that occur through using said User Names and passwords. Accordingly, you are required and hereby agree to immediately notify WCM of any unauthorized use of any User Name or password and to provide WCM with a current and complete list of those authorized to access Online Entry on your behalf.

We suggest that as part of your processes to maintain the security of all User Names and passwords, you ensure that you and those acting on your behalf log out from the Website immediately after concluding each visit. You may wish to avoid saving any User Name or password on any computer used to access the Website, especially if it is outside a secure environment.

 

SECTION 4. WEBSITE CHANGES AND UPDATES

WCM may, in its sole and absolute discretion at any time and from time to time with or without notice and for any reason, change or update the Website and change, update or delete any content appearing or accessible on the Website or through it and add any content thereto, including without limitation information, graphics, service, products, features, functionality, and links (collectively, the "Content").


SECTION 5. OWNERSHIP OF WEBSITE AND CONTENT; COPYRIGHTS AND TRADEMARKS

The Website and the Content, are protected by United States and international copyright, trademark and other laws. All rights in and to the Website and the Content are reserved. By allowing access to the Website, WCM is not conveying and does not convey to anyone any ownership rights in the Website or in any Content. You are only granted a limited license to reproduce the Content on your computer for the purpose of accessing the Website and using the features and services accessible thereon. You are also granted a license to print waybills and related shipping documentation and other information appearing on your computer screen in the course of using the features and services of the Website.
No other permission is granted in any way to download, modify, reproduce, use, copy or distribute any of the Content.

WORLD COURIER® and the World Courier Logo are registered service marks of World Courier Companies. WORLD-STAR and CTM-STAR are service marks of World Courier Companies. No rights are granted to any use of the WORLD COURIER service mark or any other service mark or trademarks of any World Courier Company.
Other trademarks and service marks appearing in the Content are the property of their respective owners.

 

SECTION 6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING THE WEBSITE OR SUCH CONTENT OR YOUR ABILITY OR INABILITY TO USE THE WEBSITE OR SAID CONTENT. YOU EXPRESSLY ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND THE CONTENT IS AT YOUR SOLE RISK. NONE OF THE WORLD COURIER COMPANIES NOR ANY OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, REPRESENTATIVES OR ATTORNEYS WILL BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN, THE USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, FOR LOST BUSINESS OR FOR LOST DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED ANY WORLD COURIER COMPANY OR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, REPRESENTATIVES OR ATTORNEYS ABOUT THE POSSIBILITY OF SUCH DAMAGES.

 

SECTION 7. INDEMNITY

You hereby release, and agree to indemnify and hold harmless the World Courier Companies and their respective shareholders, directors, officers, employees, agents, independent contractors, representatives and attorneys from any and all claims, demands, causes of action, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising out of these Terms of Use or your use of or access to the Website and the Content.


SECTION 8. WORLD COURIER FULL CONDITIONS OF CARRIAGE

The terms and conditions for using the carriage services of any World Courier Company are set forth in the following (collectively, the “Conditions of Carriage”): (a) the Full Conditions of Carriage of the World Courier Companies, as amended periodically, which are hereby incorporated herein by this reference and made a part hereof, (b) the waybill accompanying the respective shipment tendered for carriage to the respective World Courier Company, and (c) the tariff of the respective World Courier Company that applies to where such shipment is tendered for carriage or the tariff otherwise agreed to by the respective World Courier Company and the shipper for such shipment, as amended periodically.

Click here for the most current version of the Full Conditions of Carriage of the World Courier Companies. You may also obtain a current copy of the Conditions of Carriage from your local World Courier Company. They may be amended at any time and from time to time with or without notice and for any reason. Your subsequent viewing or use of the Website, requesting carriage for a shipment, tendering a shipment for carriage, and/or signing of a waybill will constitute your agreement to such amendment. The then current version of the Full Conditions of Carriage of the World Courier Companies will control if there is any conflict with a waybill, tariff or any information, features or services provided on the Website. Nothing herein shall be deemed to be an agreement by any World Courier Company to provide any carriage services. It is understood that, notwithstanding anything set forth herein, any claims with respect to a shipment or otherwise arising under the Conditions of Carriage shall be determined in accordance with the Conditions of Carriage.

 

SECTION 9. LINKS TO OTHER WEBSITES

The Website may from time to time include links that would allow you to visit websites owned and operated by parties other than the World Courier Companies. Such websites and the companies to which they belong are not controlled by or related to any World Courier Company. No World Courier Company makes any representation or warranty or undertakes any obligation or liability concerning any information, products or services provided or made available on such websites or regarding the quality or acceptability of any persons or entities offering information, products or services, or otherwise referenced on any such websites. No World Courier Company has tested or makes any representations regarding the correctness, performance or quality of any software found at any such websites. If you access a website other than the Website, it will be at your risk only.

 

SECTION 10. EXPORT OF SOFTWARE AND CONTENT AND USE OF SERVICES

You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which you may access the Website regarding access, use, export, re-export and import of any Content appearing on or available through the Website. You acknowledge and agree that you will not export, re-export or import any Content to any country to which export, re-export or import is restricted under United States law or regulations, that you are not a national of any such country, and that the Content will not be used in the design, development or production of nuclear, chemical or biological weapons.

You further assume all responsibility for your use of any information, features or services through the Website or from any World Courier Company.


SECTION 11. CONTROLLING LAW, JURISDICTION, SEVERABILITY AND MODIFICATION

These Terms of Use and your use of the Website and the Content are governed by and construed in accordance with the laws of the United States and the State of New York, excluding its conflict of laws provisions. Any cause of action with respect to the Website, the Content or these Terms of Use must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within New York City, New York.
If any provision in these Terms of Use is held or deemed to be entirely or partly invalid or unenforceable by a court of competent jurisdiction, these Terms of Use will be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms of these Terms of Use. These Terms of Use may not be changed or modified without the written consent of World Courier.