Explorate Pty Ltd Terms and Conditions
In these Terms, ‘us’, ‘we’ and ‘our’ means Explorate Pty Ltd and our related bodies corporate. In these Terms, ‘you’ and ’your’ means the registered user and the registered business associated with that user.
Explorate is a web based platform that facilitates interactions between:
(a) a party that controls the procurement and booking of a containerised shipment as or on behalf of a cargo owner, transported via sea (the “Shipper”); and
(b) entities that provide the carriage of goods via sea (the “Shipping Lines” or “Carrier”),
The Explorate platform providesa marketplace to facilitate the process of the procurement and booking of containerised freight between the Shipper (importer, exporter or freight forwarder) and Shipping Lines (the “Services”).
1.1. You must be a registered member to make use of the platform and the features of our website.
1.3. When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
1.4. To create an account, you must be:
- at least 18 years of age;
- possess the legal right and ability to enter into a legally binding agreement with Explorate on behalf of the registering company; and
- agree and warrant to use the website in accordance with these Terms.
1.5. As a Member, you and the associated registered business agree to comply with the following:
- you will not share your profile with any other person;
- you will use the Services only for
purposes that are permitted by:
- the Terms; and
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Explorate Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
- any content that you broadcast, publish, upload, transmit, post or distribute on the Website (“Your Content”) will always be accurate, correct and up to date and you will maintain reasonable records of the same.
- you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
- you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Explorate Pty Ltd;
- you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Explorate Pty Ltd for any illegal or unauthorised use of the Website; and
- you acknowledge and agree that, unless expressly provided by Explorate Pty Ltd as part of the Services, any automated use of the Website or its Services is prohibited.
- General Disclaimer
2.1. Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- Explorate Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
2.2. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Explorate Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Explorate Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Services or any of the products of Explorate Pty Ltd; and
- the Services or operation in respect to links which are provided for your convenience.
2.3. You acknowledge that the Website and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and Explorate Pty Ltd holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
- Collection Notice
3.1. We only collect the relevant and required information about you and the registering business in order to provide the Explorate service. We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you.
- Accuracy, completeness and timeliness of information
4.1. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including but not limited to the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
4.2. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
4.3. We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
- Linked sites
5.1. Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
- Intellectual property rights
6.1. Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website.
6.2. Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence (through membership) to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
6.3. Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
6.4. All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
- Unacceptable activity
7.1. You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
- using this website to defame or libel us, our employees or other individuals;
- uploading files that contain viruses that may cause damage to our property or the property of other individuals;
- posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
7.2. If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
- Warranties and disclaimers
8.1. To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
- Termination of Contract
9.1. If you wish to terminate your membership with Explorate, you may do so by means of the cancel account feature available in the user settings. Use of the Explorate platform and the billing cycle will cease immediately with no further payable beyond the current months amount. Any pending shipments (non-confirmed) will be automatically cancelled with all financial implications of such cancellation (e.g. cancellation fee) to be automatically debited from the associated company credit card.
9.2. Subject to local applicable laws, Explorate Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Explorate Pty Ltd’s name or reputation or violates the rights of those of another party.
9.3. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Explorate Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
10.1. To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
11.1. You agree to indemnify Explorate Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with our platform;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- any breach of the Terms.
- Jurisdiction and governing law
12.1. Your use of the website and these Terms are governed by the law of Queensland, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland, Australia.
- Back-to-Back Agreement (INTRRA Clauses)
Any executed booking requests
are subject to: (1) Carrier’s reservation of right to substitute the named
and/or performing vessel(s) with another vessel or vessels at any
time; (2) availability of space and equipment; (3) acknowledgement that
schedules, arrival, berthing, departure and transit times are estimated,
given without guarantee, and subject to change without prior notice; (4)
acknowledgement that dates/times are given as best reasonable
estimates which are subject to change; and (5) the INTTRA Legal Terms and
Conditions which are accessible on the INTTRA Web site at www.inttra.com under “Legal Terms and Conditions”.
Bookings, booking response/confirmations, and shipment/carriage are each subject to the carrier’s terms, conditions and exceptions applicable to bookings and to the terms, conditions and exceptions of the carrier’s contract of carriage. These terms, conditions and exceptions are available upon request from the carrier or its representative, and may be accessible on the carrier’s website.
For bookings involving cargo destined for or carried/transshipped via the USA: Such booking confirmations are given subject to the Customer providing the correct cargo description in accordance with US Customs requirements as described in United States Customs Service Regulations, 19 CFR Parts 4, 113 and 178 of October 31, 2002.
© 2008 INTTRA. All rights
The use of the INTTRA portal constitutes acceptance of INTTRA’s
Legal Terms and Conditions as posted on this site.