TERMS OF ACCESS TO THE MACCS CARGO WEBSITE
I. Introduction:

This Code of Conduct and Terms of Use (collectively referred to as the “Code”) will apply to each website user (the “User”) who wishes to gain online access to the MACCS Cargo Website (the “Website”) Each User undertakes to Mauritius Cargo Community System Ltd (the “Website Owner”) that it shall comply with and adhere to this Code in order to access and use the Website. In order to use this Website, all Users must accept this Code by clicking the “I accept” button at the end of this document.

II. Code of Conduct & Terms of Use:
1. Basic Requirements

Where a User posts material on the Website or submits same to the Website Owner for posting (“Material”), such User and Material must comply with the following basic standards:

(a) All information and activities must be legal, decent and honest (in terms of any applicable law and standards)

(b) Data protection legislation within any applicable law must be adhered to in order that the collection of personal information is not traded or disclosed illegally.

2. Specific Responsibilities of Users

(a) Each User is solely responsible for the accuracy, legality and compliance of all its own Material, does not infringe any confidentiality restrictions and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.

(b) Each User is solely responsible for maintaining the confidentiality of its unique logon ID, and for its use

(c) Where parties collaborate with one another as a result of the use of this Website, they do so as independent contracting parties. Users acknowledge that the Website Owner will not in any way be construed as a party to any such collaboration nor be liable nor responsible in any way for the dealings of such collaboration or the parties to such collaboration.

3. Indemnity, Waiver and other obligations

(a) Each User agrees to indemnify and keep indemnified the Website Owner, its successors and assigns, and each of its respective directors, officers, employees and agents from, including but not limited to, direct, indirect, actual, incidental, punitive, special or consequential damages, lost income, revenue or profits, lost or damaged data, or other commercial or economic loss, resulting in any way from the Users’ use of, or inability to use, this Website, and any Material posted on this Website, or from any other matter relating to its participation herein including but not limited to use of the information contained on the Website, or arising from any introduction or collaboration resulting therefrom or otherwise arising from using the Website.

(b) Each User waives any right to bring any claim or action against the Website Owner for any loss, damage or injury arising from use of the Website or any Material from the Website or from this Code.

(c) Each User undertakes not to create any links to the Website without the prior written consent of the Website Owner.

4. Exclusion of Warranties and Liability

(a) The Website Owner does not warrant the content, accuracy or veracity of any Material [or other information] on the Website, the responsibility for which rests with each of the Users as specified in Section 2 above. The User hereby acknowledges that third party data is posted on the Website and that the Website Owner takes no responsibility in verifying accuracy of same prior to posting such data online.

(b) Each User accepts the Website “AS IS” with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness, quality, merchantability, fitness for a particular purpose or non-infringement.

(c) In no event will the Website Owner be liable for any injury, loss, claim, damages or any special, incidental, consequential, exemplary or punitive damages of any kind arising out of or in connection with any User’s access to, or use of the Website, any Material thereon or any goods, materials or services available therefrom, whether based in contract, tort and whether negligent or otherwise, even if Website Owner has been advised of the possibility of such damages.

5. Term and Termination

Each User agrees to remain bound by this Code (as amended from time to time) for as long as they remain a User of the Website and wishes to use the Website unless the Website owner earlier terminates, suspends or otherwise limits access to the Website. Any amendments to this Code shall be subject to the further acceptance by Users and such acceptance shall be sought online.

6. Applicable Law

Each User agrees that this Code and any dispute arising in any way in relation to the Website will be governed by and construed in accordance with the applicable laws of Mauritius.

7. General

(a) In the event that any provision in this Code is determined to be unenforceable or invalid, such provision shall be severed and the remaining provisions which shall be enforceable to the fullest extent permitted by the Applicable Law.

(b) By using this Website, you expressly agree that such use is at your own risk. The Website Owner endeavours to provide a service of the highest quality, but cannot guarantee that the service will be uninterrupted or error-free, or that the service selected will reach the intended recipient.

(c) The information you provide about yourself and your company when using this website to answer your enquiry or to assist us to improve our service to you. We use return email addresses to answer the emails we receive. Such addresses are not used for any other purpose and are not shared with outside parties.

(d) Your business data entered on the Website may be put to further use by the Website Owner, such further use including [your credit position vis a vis other cargo community members] and you hereby agree to such further use.

(e) To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect online.