|
You have to accept the
terms and conditions to be able to use SAPT Portal.
1. Definitions
1.1“Customer” means person or business entities which has current business
transaction(s) with SAPT and which transaction(s) is / are supplemented
by the E-Services.
1.2“E-Services” means the services, information and functions made available
by SAPT, from time to time, on “as-is” basis at the Website and the
scope and format whereof may be changed at any time and from time to
time at its discretion.
1.3“SAPT” means South Asia Pakistan Terminals, a company incorporated in
Karachi under the Laws of Pakistan and having its registered office at No.
1 Container Port Road, Kaemari South,
Karachi-75620, Pakistan. Nothing in this definition shall be construed as
creating any joint liability between SAPT and its parent, associated,
related or sister companies.
1.4“Password” means the user name and password provided by SAPT to a User
pursuant to an application made by the intended user to SAPT.
1.5“Terms of Use” means these terms and conditions for E-Services as amended,
modified or supplemented from time to time.
1.6“User” means a person who is a Customer of SAPT and is issued with Password
upon his acceptance of these Terms of Use and the issuance of Password
thereto.
1.7“Website" means the website on the internet owned and/or operated by SAPT
and which is presently at
www.SAPT.com.
2. AMENDMENT IN THE TERMS & SCOPE OF SERVICES
SAPT may, at its sole discretion, change the Terms of Use and/or the form and
format of the E-Services rendered thereby, at any time and from time to time,
without assigning any reason there for, and may in it’s
sole discretion to apply a charge to users to cover the development,
licensing and bandwidth costs, etc.
3. CONTRACTUAL ARRANGEMENT WITH CUSTOMERS
Any condition relating to the accounts of SAPT’s customer or the provisions
of contractual arrangements
with a customer will continue to apply except that in the event of any
conflict between these Terms of
Use and other contractual arrangements with SAPT’s customers, the Terms of
Use shall prevail to the
extent of the use of E-Services.
4. CONDITIONS FOR ACCESS TO E-SERVICES
4.1 Access to the E-Service is subject to SAPT’s sole discretion and / or
payment of fees associated with such access. SAPT hereby reserves its
right to refuse access to, or discontinue the access already provided to, any
Customer or to a User at any time without assigning any reason there for. SAPT
reserves right to change the specifications and scope of E-Services at any
time and to add or remove functions under E-Services. The User may be updated
with major changes through notices on Website or through e-mail address
provided by a User to SAPT. Posting of such notice on Website or dispatch of
such notice to the aforementioned e-mail address shall be deemed to have
been received by Users.
4.2 The
right granted to a User to access the E-Services is non-transferable. The
Users are not permitted to upload, download, reproduce, change, publish
or distribute any materials from E-Services, either wholly or in part,
and in a medium other than what is provided by SAPT by reason of the service.
5. INTERFACES TO E-SERVICES
E-Services
are adapted for use with web browsers stated in the document under the menu
'E-Services System Information'. SAPT cannot guarantee that E-Services will
function with older versions or web browsers other than those stated. SAPT
reserves its right to upgrade its hardware or software.
6. LOGIN AND PASSWORD
6.1
E-Services may be accessed through a user ID and Password, which shall be commu-nicated
confidentially to the User through appropriate, secure and convenient means.
.
6.2 The User is responsible for securing his / its Password. Any transaction
conducted through the use of that User ID and Password shall deem to
have been made by the User.
6.3 If the User suspects that the confidentiality of his/it’s
Password has been compro-mised, the User
must notify SAPT immediately. SAPT will block that User ID and allocate a new
ID to the User. The User is exclusively responsible for use of
E-Services that takes place using the Password and for the distribution thereof
to users other than the User. All transactions on E-Services which are made
using a valid Password are regarded as having been made by an authorized
User. SAPT shall not compensate, in any way, for any damage or loss that
could arise by reason of unauthorized use of a Password.
6.4 No SAPT functionary is authorized to obtain the User’s Password.
6.5 The User may request for change of Password by sending a written request
to SAPT. Replacement of Password shall not be construed as the
commencement of a new arrangement or account.
7. INTELLECTUAL PROPERTY RIGHTS
All
intellectual property rights, such as copyright, brands etc., as well as all
other rights to E-Services, belong to SAPT a breach whereof shall attract
legal consequences.
8. ACCESS TO THE E-SERVICE
However,
SAPT reserves its right to shut down access to E-Services for fault
correction, security reasons, upgrades of hardware or software and any necessary
maintenance or repair of E-Services or the hardware on which E-Services
is run, or for any other acceptable reason with or without prior notice, SAPT
may at its sole discretion modify the E-Services being provided or
discontinue the same by giving the User notice of the said modifications or
termination. The User will be deemed to have accepted the said change or
termination and shall not have any cause of action against SAPT.
9. PERSONAL DATA & EMPOYEES OF USER
When
allocating Passwords, SAPT processes the User's personal data, such as name,
e-mail address etc. The processing takes place exclusively for the
provision of E-Services and for internal statistics related to the use
of E-Services and its functions. The Users who are granted access to E-Services
and their employees are presumed to have consented to the processing of
such data and the User undertakes to inform its employees of the Terms
of Use.
10. LIABILITY
10.1 SAPT is not liable for any direct or indirect damage or loss to the User
or any other person using E-Services. SAPT is not responsible for any
infringement of password regardless of whether this was done by a third
party. SAPT is not liable in relation to the user or a third party for direct
or indirect loss, loss of profits or income, or loss caused by the fact
that the contents of e-services is in some way incorrect, is shown or is
presented incorrectly, or is missing completely due to a fault that rests
with SAPT or an of its suppliers or for other reasons.
10.2 SAPT
is not liable for any transfer errors attributable to the user’s data system,
the user’s network or connection to the internet or other faults, delays
or disruptions on the internet or other public networks. It is the duty
of the User to ensure that his/its pass-word is not used to gain unauthorized
access to E-services or in any other way harms the content of
E-services.
10.3
There will be no obligation on SAPT to support all the versions of internet
software.
11. INDEMNITY
11.1 The User undertakes to indemnify and hold SAPT harmless against any loss
suffered by SAPT, its other customers or a third party or any claim or
action brought by a third party which is the result of the improper use
of E-Services
11.2
The User shall indemnify SAPT, its employees and nominees or agents promptly
and on a full
indemnity basis from or against all actions, omissions, negligence, proceed-ings, claims, demands,
damages, losses (including direct, indirect or consequential losses), costs
and expenses including all
duties, taxes, or other levies and legal costs (on a full indemnity basis)
and other liabilities which SAPT may incur or suffer from or by reason
of the User(s) use of the E-Services. The User shall compensate SAPT for
any loss it suffers as a result of the User(s) breach of the Terms of Use set
out in these terms and conditions.
11.3
The User is responsible in full for the User's use of e-services and
undertakes to compensate SAPT for any costs and damages that could arise
as a result of the User's use of e-services. This also applies to former
employees irrespective of the efficacy of the measures taken by the User to
ensure the avoidance of such incidents. Any use of E-Services using a
particular User’s password shall be deemed to have been used by the User where
to such password was allocated. A Users compliance with the provisions
of clause 6 above shall not discharge his obligations in terms hereof.
12. PLACE OF CONTRACT, APPLICABLE LAWS AND RESOLUTION OF DISPUTES
E-Services are offered in Karachi and are deemed to have been used in Karachi.
In the event that any dispute arises between a User and SAPT then the
matter shall fall in the exclusive jurisdiction of the courts of KARACHI,
PAKISTAN.
|