Terms of Service
Terms of Use
Any USER's access to and use of
the GLOBAL FASTWAY COURIER Web Site is subject to the following Terms of Use.
By accessing, browsing and/or using this GLOBAL FASTWAY COURIER web site
("Web Site"), USER acknowledges that he has read, understood, and
agreed to be bound by these Terms of Use and agrees to comply with all
applicable laws and regulations. If USER does not agree to these terms, do not
use this Web Site. GLOBAL FASTWAY COURIER may at any time revise these Terms of
Use, and USER will be bound by such revisions and should therefore periodically
visit the Web Site to review any updating of the Terms of Use.
The user agrees that:
1) All information contained in
the Web Site shall remain at all times the property of GLOBAL FASTWAY COURIER.
2) While the Web Site may
contain other proprietary notices and copyright information, the Terms and
Conditions of which have to obeyed and followed by the USER.
3) USER shall not make any attempt
to ascertain or obtain a Password assigned to any third party by GLOBAL FASTWAY
COURIER or to make access to Information with respect to shipments of any third
party with GLOBAL FASTWAY COURIER by using any Password other than the Password
assigned to a particular USER.
4) GLOBAL FASTWAY COURIER will
use information provided by the USER for identification and contact related to
its service and applications in order to establish service for the USER. In
carrying out its services, GLOBAL FASTWAY COURIER may provide USER's
information to its agents, group companies, subcontractors or independent
contractors to the extent that such information is required for maintenance or
service improvements. GLOBAL FASTWAY COURIER will do its best to supervise the
security management of the aforementioned parties in order to safeguard such
information.
5) At any time GLOBAL FASTWAY
COURIER may change and update any material on this Web Site without prior
notice.
6) All information presented in
the Web Site is considered for information purposes only and does not
constitute a legal contract between GLOBAL FASTWAY COURIER and USER unless
otherwise specified.
7) USER shall keep its Password
and all information with respect to its shipments with GLOBAL FASTWAY COURIER confidential,
and not reveal it to any third party except its directors, officers and
employees (and, as to Information with respect to particular shipment(s),
except broker, forwarder, shipper, consignee and/or notify party of such
shipment(s)). USER shall further ensure that such directors, officers, and
employees shall keep USER's Password and all such information confidential and
not reveal them to any third party.
8) Should USER's Password and/or
any information with respect to USER's shipments with GLOBAL FASTWAY COURIER be
revealed except as permitted by the preceding paragraphs, USER shall promptly
notify GLOBAL FASTWAY COURIER of any such occurrence and shall defend,
indemnify and hold GLOBAL FASTWAY COURIER harmless from and against any
complaint, claim, liability, loss, damage and expense, including attorney's
fees, arising out of, or in connection with, such revelation, or any subsequent
misuse, alteration, misappropriation, or fraudulent use of such Password and/or
Information.
9) USER confirms that GLOBAL
FASTWAY COURIER shall be free of any liability from revealing USER's Password,
or any Shipment Information obtained through the use of USER's Password, by any
third party, unless such disclosure was caused by GLOBAL FASTWAY COURIER' gross
negligence.
10) Payment
10.1 The Registered USER will promptly pay all fees and charges applicable to any product or Protected Service within the time and in the manner for payment specified on the Website or as otherwise specified by GLOBAL FASTWAY COURIER.
10.2 All sums specified on this
Website or otherwise are exclusive of any sales and/or any other taxes relating
to the supply of the products or services which shall be paid by the Registered
USER at the applicable rate.
11)If the MERCHANT (includes the
Consignor, the Shipper, the Receiver, the Consignee, the Owner of the Goods,
the Holder or Endorsee of Bill of Lading, any Person owing, entitled to or
claiming the possession of the Goods or Bill of Lading and anyone acting on
behalf of any such person) fails to declare the cargo came correctly as per the
agreement, conceal and incorrect declare the nature of cargo's danger, carrier
shall (1) be entitled to request the MERCHANT to pay the Special Handling Cost
USD20000 to the carrier within TWO working days from the date when the carrier
find the concealment of declaration, (2) terminate the transportation of the
shipment which was concealed declared by the MERCHANT and the other shipments
of the same MERCHANT at once till the true cargo name and nature is identified,
(3) have a lien on the cargo, return or auction the dangerous cargo which was
concealed declared, furthermore, all cost and loss occurred will be on
Merchant's account. The aforesaid clause shall be no impact on the carrier's
claim against the MERCHANT for the loss and cost sustained by the carrier in
consequence of incorrect declaration cargo name, concealed and incorrect
declaration of the nature of cargo's danger as well as the measures
(lien/auction) taken on the cargo which still under carrier's control shipped
by the MERCHANT to achieve carrier's claim.
12) If the MERCHANT (same as
definition which stated in the TERMS AND CONDITON) changed the container's
structure without authorization which leads to the breach of the agreement,
(insert client name) shall pay the liquidated damage USD2000 to the carrier within
TWO working days from the date when the carrier find the container's structure
changed. The aforesaid clause shall be no impact on the carrier's claim against
the MERCHANT for the loss and cost sustained by the carrier in consequence of
changing the container's structure without authorization by MERCHANT.
Use Restrictions
The copyright in all material,
including, but not limited to data, text, graphic, images, sound, and/or video,
presented on this Web Site is held by GLOBAL FASTWAY COURIER or by the original
creator of the material. None of the material may be copied, reproduced,
distributed, published, posted, adapted, displayed or transmitted in any form
or by any means without the prior written permission of GLOBAL FASTWAY COURIER or
the copyright owner. USER also may not, without GLOBAL FASTWAY COURIER' written
permission, "mirror" any material contained on this Web Site on any
other server. Any unauthorized use of any material contained on this Web Site
may violate the laws and regulations under the United States of America, and
the international treaties concerned.
Errors
All material on this Web Site is
provided "as is" with no guarantee of accuracy, timeliness,
completeness, reliability or of results obtained from the use of this material
and without warranty of any kind, expressed or implied. GLOBAL FASTWAY COURIER or
any of its affiliates, subsidiaries, directors, employees, agents or
representatives of any kind ("Related Parties") is not responsible or
liable for any errors, inaccuracies or omissions or from the results obtained
from the use of this material.
GLOBAL FASTWAY COURIER and its
Related Parties make no guarantee that USER may access, browse or use the Web
Site in any time, and shall not be liable for the continued access to and use
of Web Site and its material.
Privacy
Except as set out below, GLOBAL
FASTWAY COURIER does not publish or disseminate any of the information
registered via the Web Site.
1) Obtain the express
authorization of the user
2) Compliance with applicable
law
3) According to the court or the
arbitration organization of the referee or ruling, and other judicial program
requirements.
4) According to the requirements
of the relevant government departments.
5) USER or USER's actions on the
Web Site violating the Terms of Use or other actions aggrieving the interests.
USER or USER's actions on the Web Site violating the Terms of Use or other
actions aggrieving the interests.
6) Must be exercised in order
for the services provided by Carrier to the MERCHANT to be carried out
normally.
Exclusion of Liability
1) In no events will GLOBAL FASTWAY
COURIER, and its Related Parties be liable for any decision made or action
taken in reliance on the material on this Web Site or for any loss, damage or
claims of whatever nature or for any direct, indirect, incidental,
consequential, special, punitive or other damages whatsoever, including without
limitation to, liability for business interruption or loss of data or profits
arising out of access to or use of this Web Site, even if GLOBAL FASTWAY
COURIER is expressly advised on the possibility of such damages.
2) GLOBAL FASTWAY COURIER and
its Related Parties assume no responsibility, and shall not be held liable for
any damages to or viruses or other items of destructive nature that may infect
USER's computer, any other software, hardware or other IT systems or other
property on account of USER's access to or use of or browsing of the Web Site
or USER's downloading of any material from the Web Site.
3) GLOBAL FASTWAY COURIER and
its Related Parties assumes no responsibility, and shall not be held liable for
any damages whatsoever due to any third party's unjustified access to the Web
Site, passwords or information or data in the Web Site.
4) Third Party Hosting Service
We contract with one or more third parties to maintain and host the Carriers'
Web site. Therefore, any information USER submit, including personally
identifiable information, will be placed and stored on a computer server
maintained by such third party. USER’s use of the Carriers' Web site and any
provision of information, content or data to the Carriers' Web site constitutes
USER’s acknowledgement that such information, content or data could pass
through and may be stored in servers outside the control of Carriers and may be
accessed by the administrator of such site and others that gain access to
Carriers' server or stored files. USER’s agree that Carriers have no liability
or responsibility for any disclosure, authorized or unauthorized, resulting
from or arising in connection with such pass through or storage of same.
5.1) If any Communication
received by GLOBAL FASTWAY COURIER or its agents requires them to deal for the
benefit of the Registered User (or on its behalf) with a third party, the
Registered User appoints them to do so as its agent. The Registered User shall
indemnify and hold harmless GLOBAL FASTWAY COURIER, its affiliates, associates and
agents against any claims, losses, actions, proceedings, damage or other
liabilities whatsoever (including damages or compensation paid by them to
compromise or settle a claim), and all legal costs or other expenses, suffered
by them as a result of, arising out of or otherwise relating to its activities
as the Registered User's agent unless caused by GLOBAL FASTWAY COURIER' negligence.
5.2) Where GLOBAL FASTWAY
COURIER or its agents pass Communications, information or content they receive
to a third party or otherwise deal with a third party for the benefit of the
Registered User (or on its behalf), GLOBAL FASTWAY COURIER and its agents are
not responsible for: (a) any delay or failure by the third party in processing
the Communication, information or content; or (b) the use of or reliance on any
Communication, information or content by the third party.
6) A Registered User and
Individual Users may be unable to access or use any Protected Services unless
the Registered User and/or Individual Users installs, implements and maintains
appropriate communication facilities (including software and hardware meeting
the minimum requirements from time to time notified by GLOBAL FASTWAY COURIER web
site or otherwise). However, GLOBAL FASTWAY COURIER does not warrant that the
local set-up of the Registered User and/or Individual Users in accordance with
such minimum requirements will ensure access to, full functionality of or
effective operation of the Website. The Registered User shall ensure that any
party using such Protected Services on its behalf obtains any consents and/or
licenses/permits required by law for such use.
Conflict
In case of any conflict between
the Terms of Use herein or any service information in the Web Site and the
information contained in the applicable GLOBAL FASTWAY COURIER' internal
documentation, agreement, the terms on the back of the B/L shall prevail.
Linked Web Sites
GLOBAL FASTWAY COURIER makes no
warrants or representations whatsoever regarding any other web site which USER
may access through this Web Site. When USER access to a non-GLOBAL FASTWAY
COURIER web site, please understand that it is independent from GLOBAL FASTWAY
COURIER and that GLOBAL FASTWAY COURIER has no control over the content of that
web site. In addition, a link to a non-GLOBAL FASTWAY COURIER web site does not
mean that GLOBAL FASTWAY COURIER endorses or accepts any responsibility for the
content or the use of such web site. It is up to USER to take precautions to
ensure that whatever USER selects for USER's use is free of viruses and other
items of destructive nature.
Law and Venue
This Web Site, as well as these
Terms of Use, shall be governed/constructed by the laws of the United States of
America. Any dispute or claim arising out of or in relation to this Web Site,
including these Terms of Use, shall be subject to the exclusive jurisdiction of
the Court in Washington, the United States of America.
Personal data
On our websites, GLOBAL FASTWAY
COURIER may collect information about name, postal address, email address,
other contact information, age, interests, gender, IP addresses and other
personal data. Our websites are intended for a general audience, and GLOBAL
FASTWAY COURIER does not knowingly collect personal data about any person under
the age of 18 years.
GLOBAL FASTWAY COURIER process
personal data for the following purposes:
• Provision of GLOBAL FASTWAY
COURIER services and products and to accommodate your requests and inquiries
• Provision of newsletters offered
by GLOBAL FASTWAY COURIER
• The purposes listed in the
below cookie section
As a global group GLOBAL FASTWAY
COURIER may transfer personal data collected by us on an aggregated or
individual level to various divisions, subsidiaries of the same controlled shareholder.
Personal data will not be disclosed to anyone outside the COSCO SHIPPING Group
and its subsidiaries without USER’s consent unless permitted or required under
applicable legislation.
We delete or anonymize USER's
personal data when it is no longer needed for the purposes for which it was
collected and subsequently processed.
If USER submits personal data to
us, e.g. when registering for a newsletter, USER enjoys certain rights to
access and rectify data, however, subject to certain legal limitations.
GLOBAL FASTWAY COURIER have
implemented appropriate organizational and technical security measures to
protect USER's personal data. GLOBAL FASTWAY COURIER store personal data on
servers with limited access located in secured facilities, and our security
measures are evaluated on an ongoing basis. The servers are protected by
anti-virus software and firewalls, among other measures.
Cookies
As Required by GDPR, GLOBAL
FASTWAY COURIER updates the cookie policy by adding more details. GLOBAL
FASTWAY COURIER uses cookies mainly for statistical analysis, improving the
user friendliness and usability of our website, tailoring content to your
interests and engaging with social media. By visiting our website, you consent
to our and third party use of cookies as described in our privacy and cookie
policy. We remind you that your rights of access, rectification and deletion,
data portability and opposition and other personal information security complaints,
reports, which can be exercised sending a request to electronic address support@coscon.com.
A cookie is a small text file,
which is stored on USER's computer in order to recognize USER's computer at
recurring visits. The cookie may transmit information via USER's browser with a
purpose of authenticating or identifying the computer (via e.g. the IP address)
or the user. Cookies may contain information such as registration data and user
preferences. When a server receives a request from a computer which stores a
cookie from the website, the server is able to use the information stored in
the cookie in combination with the information stored on the server. A cookie
cannot collect information from USER's computer and cannot carry any virus or
other damaging files.
The following is the list of
our collecting information from cookies:
• Collect user's token to verify
user identity.
• By using statistical component
to record the count of website visits.
• Store the server information
to ensure that user access the same server when he (or she) submit the second
access request.
• Store the language version
information to ensure that our website show the correct language when the user
does his (or her) second access. USER may delete cookies if USER no longer
wishes to store them on your computer. However, please note that the high quality
of GLOBAL FASTWAY COURIER website may be reduced as a consequence thereof.
Please refer to the help guide for your browser for further guidance.