GSBN Applications and Services - Terms and Conditions
Last updated on Nov 29, 2024
This terms and conditions (“T&C”) is a legal document that explains your rights and obligations as a user of any applications or services (collectively, “App”) developed by Global Shipping Business Network Limited (“Company” or “GSBN”). By registering or using the Apps including accessing, using or providing any consent, authorisation, data, information or resources available or enabled via the GSBN website and/or the App (collectively “Information”), 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 and capacity to enter into this Agreement on behalf of any company, organization 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, at the time of uploading data to the App, is true, lawful, accurate and authentic without any data quality issue.
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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 and/or the App.
1. REGISTRATION AS A USER
1.1. When registering an account, you agree to provide only true, lawful, accurate, current and complete information requested by the registration form (the “Registration Data”) and to promptly update the Registration Data thereafter as necessary. The Registration Data may include personally identifiable information such as, your email address, name, company registered address, personal data relating directly or indirectly to you, practicable for the identity of you and other information. Your submission of Registration Data is governed by Company’s Privacy Policy at https://www.gsbn.trade/privacy (the “Privacy Policy”), which we strongly advise and require you to read before providing or using the Information.
1.2. 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.
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1.3. As a User of the App, you undertake that you (i) shall not share your password/login details with anyone; (ii) shall comply with any instructions provided by GSBN for the use of or access to the App; and (iii) shall indemnify GSBN against any claims or legal actions arising from your breach of sections 1.2 and/or 1.3 hereof.
2. LICENSE AND THE USE OF YOUR INFORMATION
2.1. As User of the App, the Company grants you a non-exclusive license to search and view the data for the purposes of utilizing the Apps.
2.2. As User of the App, you grant a non-exclusive license to the Company and other relevant users of the App to access and use the 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 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 data.
2.3. 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).
2.4. 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.
2.5. All use by you shall be subject to GSBN’s Privacy Policy.
3. INTELLECTUAL PROPERTY
3.1. “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.
3.2. The Intellectual Property Rights of the App and the services provided by GSBN through the GSBN website (“Services”) belong to GSBN and no intellectual property rights whatsoever of the App and/or the Services are intended to be assigned, licensed or transferred under this T&C.
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3.3. 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 Information in the App or the Services in whole or in part, or as a component of any other product or service; (ii) use the App or the Services itself to create any derivative works or competitive products; or (iii) use any programmatic, scripted or other mechanical means to access the Information and/or the App.
4. DISCLAIMER
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 data available on the App are presented “as is” without warranty of any kind. The Company does not warrant or represent that the Information and/or the Services 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 the Information and/or the Services, and any decisions made or actions taken based on the Information and/or the result rendered by the use of the Services 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 Information and/or the Services. 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 BEHAVIOR
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 Information and/or the Service contained in the App 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 the Information and/or the Services provided via the App at your own risk and volition. 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 T&C 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. MISCELLANEOUS
8.1. Electronic Communications
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The communications between you and the Company use electronic means, whether you visit the App or use the Services 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 info@gsbn.trade. We will do our best to address your concerns.
8.3. Revision Date
This T&C was last updated in Nov 29, 2024. 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.
9. ENTIRE AGREEMENT AND VARIATION
9.1. The Company reserves the right to amend or update this T&C from time to time without prior notice.