Global Shipping Business Network Limited - Data Sharing Management Application Terms and Conditions of Use
This Terms and Conditions of Use ("Agreement") is a legal document that explains your rights and obligations as a user of the Data Sharing Management Application of Global Shipping Business Network Limited (the "Company" or "GSBN").
Data Sharing Management Application is an application offered by the Company ("App"). By accessing or using any website with an authorised link to the GSBN website and/or the App, registering an account and/or accessing, using or providing any consent, authorisation, data, information or resources available or enabled via the GSBN website and/or the App (collectively, the "Information"), clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the website and/or the App; (2) represent that you have the authority to enter into this Agreement on behalf of any company, organisation or other legal entity on whose behalf you provide or use the Information; and (3) undertake that any Information you provide to or via the App is true, lawful, accurate and authentic.
Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access, provide or use the Information.
1. REGISTRATION AS A USER
1.1. You become a user of App ("User") by completing the registration of an account ("Account"). This Agreement takes effect as soon as you indicate your acceptance of these terms.
1.3. You represent that you are not barred from providing or using the Information under any applicable law and that you are authorised and responsible for all activities that occur under your Account. You agree to monitor your Account to restrict its use by unauthorised users and agree not to share your Account or password with anyone. You further agree to notify the Company immediately of any unauthorised use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias. The Company reserves the right to remove or reclaim any usernames at any time and for any reason.
2.1. As user of Consent Data or Data Request Data, the Company grants you a non-exclusive license to search and view the Consent Data or Data Request Data for the purposes of various data sharing as stipulated in the Consent and Data Request Data. As Data Owner of the Consent Data or Data Request Data, you grant the Company non-exclusive license to allow other users of the App to access and view the Consent Data or Data Request Data you have provided via the App. You are fully aware and consent to any parties who may have right to access and view the Consent Data or Data Request Data you have provided, including the Company or the users of this App or whoever you grant authorisation or consent to have access to the Consent Data or Data Request Data.
2.2. As a User of App, you undertake that you will not:
a. modify the Consents or authorisations on the App; or
b. share your password/login details with anyone.
2.3. We may monitor your usage of the App.
2.4. Users may be required to comply with any instructions provided by GSBN in relation to the use of the App.
2.5. The Intellectual Property Rights of the App belong to GSBN and no intellectual property rights whatsoever of the App are assigned, licensed or transferred under this Agreement.
2.6. Unless otherwise expressly permitted in these terms, you may not: (i) sell, sublicense, distribute, display, store, copy, modify, decompile or disassemble, reverse engineer, translate or transfer the Consent Data, Data Request Data or the App in whole or in part, or as a component of any other product or service; (ii) use the Consent Data, Data Request Data or the App to create any derivative works or competitive products; or (iii) use any programmatic, scripted or other mechanical means to access the Consent Data, Data Request Data or the App.
3. CONSENT AND DATA SHARING
3.1. Types of consent:
a. One-off - Consent that only applies to specific data.
b. Valid until revoked - Consent which is based on Consent previously given to Data Receiver for the same type of data, source of data and Purpose.
3.2. Consent withdrawal right:
a. Each data request is an independent request. Unless a data request is processed, generally, User is permitted to withdraw the Consent given.
3.3. Data access and correction right
a. Data Provider must ensure that the data provided is accurate and complete, and have no data quality issues. Data Provider shall have the right to correct data at any time.
3.4. Data retention period
a. GSBN will keep your Information in accordance with applicable laws and/or GSBN’s retention policies. GSBN shall delete your Information upon expiry or termination of accounts or relevant services and upon written request within 180 days (unless a shorter period is required by law), except to the extent that your Information forms part of a blockchain transaction on the GSBN platform.
b. GSBN may, from time to time, disclose or delete the Information to comply with lawful requests from a court of competent jurisdiction or relevant governmental authority.
General Disclaimer. All warranties, conditions and other terms implied by statute or law are excluded to the maximum extent permitted by applicable laws. Unless expressly provided, the Consent Data or Data Request Data available on the App are presented “as is” without warranty of any kind. The Company does not warrant or represent that the Consent Data or Data Request Data will be free of any inaccuracies, interruptions, delays, omissions or errors ("Faults"), or that all Faults will be corrected. The Company shall not be liable for any loss, damage or cost resulting from any such Faults. Notwithstanding the above, nothing in this Agreement shall limit GSBN’s liability which cannot be limited or excluded by applicable law. As User of the App, you assume sole responsibility and entire risk as to the suitability and results obtained from use of the Consent Data or Data Request Data, and any decisions made or actions taken based on the Consent Data or Data Request Data contained in the App. You are solely responsible for the preparation, content, accuracy and review of any documents, data, or output prepared or resulting from the use of the Consent Data or Data Request Data. In no event shall the Company or its third-party providers be liable for any penalties, interest or taxes assessed by any governmental or regulatory authority.
5. ONLINE CONDUCT AND ILLEGAL BEHAVIOUR
5.1. Your use of the App, online conduct and interaction with other Users should be guided by common sense and basic etiquette and should comply with applicable law. The Company may terminate your Account at any time for any conduct or activity that we deem as illegal, improper or otherwise negatively affects the use of Consent Data or Data Request Data by other Users. You acknowledge that the Company is not required to provide you notice before terminating your Account. To the fullest extent permitted by law, GSBN shall not be liable to Users or any other third party for any suspension or termination of your user account, termination of this Agreement, or termination or change to the App unless provided otherwise.
5.2. You agree not to upload the App with: (i) any viruses, trojan horses or other malware; or (ii) any information or data that is in any way illegal, offensive, abusive, violent or incites hatred or violence, defamatory, discriminatory, deceptive or otherwise inappropriate or that infringes or makes unauthorised use of any rights of a third party or breaches the privacy of any individual.
6. INFORMATION ON THE APP AND PRE-SCREEN OF INFORMATION
6.1. If you provide the Company with any feedback or suggestions about the App, the Company is free to use the feedback or suggestions however it chooses, without any obligation to account to you.
6.2. The Company has no obligation to pre-screen any content. You use all Consent Data or Data Request Data at your own risk. Without limiting the foregoing, the Company reserves the right in its sole discretion to reject any Information. The Company shall have the right to remove any Information that violates this Agreement or is otherwise objectionable at the Company’s discretion.
7. APPLICABLE LAW/JURISDICTION
7.1. This document is governed by and is to be construed in accordance with the laws of Hong Kong.
7.2. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Hong Kong (and any court of appeal) and waives any right to object to an action being brought in those courts, including on the basis of an inconvenient forum or those courts not having jurisdiction.
8.1. Electronic Communications
The communications between you and the Company use electronic means, whether you visit the App or send the Company e-mails, or whether the Company posts notices on the App or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from the Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that the Company provides to you electronically will have the same legal effect that such communications or documents would have if they were outlined in "writing". The foregoing sentence does not affect your statutory rights.
8.2. Questions, Complaints, Claims
If you have any questions, complaints, or claims concerning the App, please contact us at firstname.lastname@example.org. We will do our best to address your concerns.
8.3. Revision Date
This Agreement was last updated in December 2022. The Company may, at any time and without liability, modify or discontinue all or part of the App or change the Agreement. In the event of any updated Agreement, it replaces your existing agreement with the Company.
The following definitions apply unless the contrary intention appears:
“Account” has the meaning given to it in section 1.1.
“Agreement” means this Terms and Conditions of Use.
“App” means the Data Sharing Management Application offered by the Company.
“Business Operator” refers to IQAX Limited, which is engaged and authorised by GSBN to manage the day-to-day operations of the App and a reference to “Business Operator” shall include any person duly engaged and authorised to replace or substitute the Business Operator from time to time.
“Consent Data” means any and all consents collected or otherwise processed by an entity relating to (a) customers of the entity or (b) consumers of any product of the entity.
“Consent” means the express written consent given voluntarily by the Data Owner with respect to the requested data being exchanged between a Data Provider and a Data Receiver for a specific purpose via GSBN.
“Company” or “GSBN” means Global Shipping Business Network Limited.
“Data Owner” means with respect to the Consent Data, Data Request Data and/or the requested data being exchanged between a Data Provider and a Data Receiver via GSBN platform:
(i) The person who is the subject of such data; or
(ii) where such requested data does not have a subject in (i), the person who has the right or ownership (including intellectual property right of whatever nature) over such requested data.
“Data Provider” means a Participant that provides the requested data based on the Consent Data and Data Request Data via GSBN.
“Data Receiver” means a Participant that retrieves the requested data based on the Consent Data and Data Request Data via GSBN.
“Data Request Data” means any and all requests made via the App to the Data Provider in order to share the requested data.
“Endorser” – the entities and/or persons to whom the Data Owner’s Consent Data and/or Data Request Data may be transferred or disclosed.
“Faults” has the meaning given to it in section 4.
“Intellectual Property Rights” means all rights in inventions (whether patentable or not), patents, registered designs, design rights, database rights, copyrights and related rights, semiconductor topography rights, trademarks, service marks, logos, get up, trade names, business names, domain names, in each case whether registered or unregistered and including any applications for registration and any renewals or extensions of any of the foregoing, confidential information and trade secrets, and any rights or forms of protection of a similar nature or having equivalent or similar effect to any of them which subsist anywhere in the world.
“Participant” is an entity that has entered into the Platform Access Agreement with GSBN. A Participant’s access to the GSBN network is subject to the Participant successfully completing the technical onboarding to the GSBN network as instructed by the System Operator.
“Purpose” means, as applicable, one of the following purposes in using the App to request for, transfer, disclose, or access the Consent Data, Data Request Data, or the requested data:
i) The purpose is to use the requested data as stipulated in the Data Request Data, or
ii) The purpose is to ask for a Consent required to support the data request, or
iii) The purpose is to review the validity of the Consent Data and Data Request Data, and share the requested data as instructed.
“Registration Data” refers has the meaning given to it in section 1.2.
“System Operator” refers to IQAX Limited, which is engaged and authorised by the GSBN to develop and maintain the App, and a reference to the “System Operator” shall include any person duly engaged and authorised to replace and substitute the System Operator from time to time.
“User” has the meaning given to it in section 1.1.