PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE
1. What's in these terms?
2. Who we are and how to contact us
[www.dpworldsouthampton.com] is a website operated by [DP World Southampton] ("we", “us”, “our”, the “Company”). We are a company registered in England and Wales under company number  and have our registered office is located at [Southampton Container Terminals LTD, 16 Palace Street, London, England, SW1E 5JQ.]. Our main trading address is [DP World Southampton, Western Docks, Southampton, England, SO15 1DA]. Our VAT number is [568 4015 31].
To contact us, please email [firstname.lastname@example.org] or telephone our customer service line on [+44(0) 2380 701 701].
3. By using our WEBsite you accept these terms
By using Our Website, you confirm that you accept these Terms and that you agree to comply with them.
If you do not agree to these Terms, you must not use Our Website.
We recommend that you print a copy of these Terms for future reference.
4. There are other terms that may apply to you
These Terms refer to the following additional terms, which also apply to your use of Our Website:
- Our Acceptable Use Policy [Acceptable use policy], which sets out the permitted uses and prohibited uses of our site. When using Our Website, you must comply with this Acceptable Use Policy.
5. We may make changes to these terms
We amend these Terms from time to time. Every time you wish to use Our Website, please check these Terms to ensure you understand the terms that apply at that time.
These Terms were most recently updated on [01 December 2016].
6. We may make changes to our website
We may update and change Our Website from time to time. We will try to give you reasonable notice of any major changes.
7. We may suspend or withdraw our WEBsite
Our Website is made available free of charge.
We do not guarantee that Our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access Our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
8. Our WEBsite is only for users in the UK
Our Website is directed to people residing in the United Kingdom. We do not represent that content available on or through Our Website is appropriate for use or available in other locations.
9. You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [DP World Southampton, Western Docks, Southampton, England, SO15 1DA] or by email to [email@example.com]
10. How you may use material on our website
We are the owner or the licensee of all intellectual property rights in Our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from Our Website for your personal use and you may draw the attention of others within your organisation to content posted on Our Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on Our Website must always be acknowledged.
You must not use any part of the content on Our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of Our Website in breach of these Terms, your right to use Our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
11. Do not rely on information on this WEBsite
The content on Our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Our Website.
Although we make reasonable efforts to update the information on Our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on Our Website is accurate, complete or up to date.
We provide on Our Website the following interactive applications for use by registered users (together the “Application” or individually as the context requires):
• Container Tracking
• Vessel Schedules
• Train Schedules
• Port Performance Information
Information supplied to you as part of an Application service is provided by us as an estimate only. The user of an Application acknowledges and agrees that whilst this information and service is provided in good faith, no representation or warranty, express or implied, is or will be made and no responsibility or liability (subject to paragraph 14.1 below) is or will be accepted by us, or a member of our Group, or by any of our or our Group's respective officers, employees or agents in relation to the accuracy or completeness of this information or any other written or oral information made available to any interested party or its advisers and any such liability is expressly disclaimed.
For the purposes of this paragraph 11, "Group" means the Company, any subsidiary or any holding company of the Company and any other subsidiary from time to time of a holding company of the Company. A reference to a "holding company" or a "subsidiary" means a holding company or a subsidiary (as the case may be) as defined in section 1159 of the Companies Act 2006.
12. We are not responsible for websites we link to
Where Our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
13. User-generated content is not approved by us
Our Website may include information and materials uploaded by other users of Our Website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on Our Website do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us by emailing [firstname.lastname@example.org]
14. Our responsibility for loss or damage suffered by you
14.1 Whether you are a consumer or a business user:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
14.2 If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to Our Website or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, Our Website; or
- use of or reliance on any content displayed on Our Website.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user:
- Please note that we only provide Our Website for domestic and private use. You agree not to use Our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
15. Uploading content to our WEBsite
Whenever you make use of a feature that allows you to upload content to Our Website, or to make contact with other users of Our Website, you must comply with the content standards set out in our Acceptable Use Policy [Acceptable use policy].
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to Our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of Our Website a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload [Rights].
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on Our Website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy [Acceptable use policy].
You are solely responsible for securing and backing up your content.
When you upload or post content to Our Website, you grant us, third parties and any other users of the Website a perpetual, worldwide, non-exclusive, royalty free, transferable licence to use, reproduce, distribute, prepare derivative works or, display and perform that user generated content.
17. We are not responsible for viruses and you must not introduce them
We do not guarantee that Our Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access Our Website. You should use your own virus protection software.
You must not misuse Our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Website, the server on which Our Website is stored or any server, computer or database connected to Our Website. You must not attack Our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Website will cease immediately.
18. Rules about linking to our WEBsite
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to Our Website in any website that is not owned by you.
Our Website must not be framed on any other website, nor may you create a link to any part of Our Website other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy [Acceptable use policy].
If you wish to link to or make any use of content on Our Website other than that set out above, please contact [email@example.com]
19. Which country's laws apply to any disputes?
If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
20. Our trade marks are registered
DP World, the GLOBE device and other marks are trade marks of DP World and other companies within the DP World group and are registered in various countries. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on our site [How you may use].
End of Policy.