This website and its content, including without limitation information, data, images, text, graphics, audio and visual materials, trademarks, names and logos (“Website Materials”) are the property of EPLS, unless otherwise specified. EPLS means EPL Shipping Pty Ltd (“EPLS”).
These terms apply to your access and use of the Website Materials and any online services offered via this website, which are conditional at all times on your full compliance with these terms. By accessing this website, you acknowledge that you have read and understood these terms and agree to be bound by them. If you do not accept these terms you should immediately cease using this website.
EPLS may change all or part of these terms at any time by displaying the updated terms here. Your subsequent or continued use of this website will constitute your acceptance of any such changes, and if you do not accept them you should immediately discontinue your use of this website.
All business transacted with EPLS and services provided by it are subject to EPLS’s Trading Terms www.eplshipping.com
This website may enable access to certain online services, such as tracking services (“Online Services”). The Online Services may specify further terms and conditions that apply to them in addition to these terms (“Additional Terms”).
You may be asked to provide to EPLS certain information before accessing or using Online Services. You must provide to EPLS accurate, complete and up-to-date information and notify EPLS of any subsequent changes to information provided. You must not impersonate as anyone other than yourself or create a user identity for anyone other than yourself unless authorized to do so. You will be fully accountable for the consequences of providing inaccurate or false information.
You may be assigned with a username or password (“User Details”) in connection with accessing or using Online Services. The User Details are provided to you exclusively for your personal use only and you must keep them strictly confidential and not transfer them to anyone or allow anyone to access them and/or use them. You are fully responsible for all activities which occur under your User Details. You must notify EPLS immediately if you become aware of any unauthorised use of your User Details.
Ownership and use of Website Materials
All copyright in the Website Materials, and any other applicable proprietary and intellectual property rights of any kind in or relating to them are owned by EPLS unless otherwise expressly specified. The names and logos of EPLS’s companies are their trademarks.
EPLS may at any time without providing notice to you change, remove, delete or discontinue all or any part of the Website Materials, their content, scope, design, layout or the range, type or cost of services they refer to.
You may use, copy or download Website Materials for your personal non commercial use only, provided that the content of the Website Materials remains as it is unchanged, that you do not remove any copyright, trademark or other proprietary notices from the Website Materials or their copies and that you fully comply with these terms . Except for such right of personal non commercial use you do not have, and nothing in these terms shall be construed as giving you any, right, title or interest of any kind in or to the Website Materials, or any license to use them.
Other than as specified above, you must not without EPLS’s prior written consent copy, record, mirror, use, reproduce, alter, adapt, modify, process, translate, display, publish, transmit, upload, post, distribute, broadcast, exploit, create derivative works based on, make commercial use of or otherwise deal with the Website Materials in any way by any means, in whole or in part, and must not allow or assist anyone else to do so.
Any unauthorized use of the Website Materials in breach of these terms may violate copyright, trademark and other laws, and may result in damage to EPLS for which you may be held liable.
Restrictions on use
You must not use the Website Materials or the Online Services for any unlawful purpose or in breach of these terms, any applicable Additional Terms or any applicable laws or regulations.
You must not use the Website Materials or the Online Services in any manner which could damage, disable, disrupt, manipulate or impair them, their operation or functionality or their use by others. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
You must not reverse engineer, modify, decompile, disassemble, adapt, alter, modify, copy or otherwise deal with any part of the Website Materials or the Online Services.
You must not act in any way which may infringe or put in disrepute any right, title or interest EPLS has in or relating to the Website Materials or the Online Services or harm EPLS’s goodwill.
You must not delete any attributions or legal or proprietary notices on the Website Materials or the Online Services.
You must not attempt to do any of the foregoing or assist anyone to do so.
Some parts of the website or certain online Services may allow you to submit, upload, insert, post, email, transmit or otherwise make available (all these actions will be referred to as “post”) various materials, including without limitation data, text, comments, correspondence, requests, instructions, information and audio and visual materials (“User Submissions”).
EPLS is not responsible for, and accepts no liability with respect to, any User Submissions posted on this website. EPLS does not endorse any User Submissions, does not guarantee that they will be posted at all or at or for any particular time and does not give any warranties or representations in relation to User Submissions, including without limitation in relation to their accessibility, accuracy, credibility, reliability, authenticity or validity.
Without EPLS’s prior written consent, you must not post User Submissions that contain professional advice of any kind (financial, legal or other) or commercial content, including without limitation advertisements, sponsorships, endorsements or anything promoting or soliciting any goods or services or commercial activities.
By posting User Submissions via the Website, you accept full responsibility for any consequences resulting from the posting of the User Submissions.
You must not post User Submissions, or assist anyone to post User Submissions:
- in breach of these terms or of any applicable Additional Terms or applicable laws or regulations;
- that you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive; or
- that contain viruses, trojan horses, worms, spyware or other malicious, destructive or harmful components.
- that are unlawful or promote, encourage or provide information about any unlawful conduct;
- that are or could reasonably be expected to be harmful, offensive, abusive, threatening, derogatory, harassing, defamatory, libellous, tortuous, racial, immoral, indecent, pornographic, vulgar, profane, obscene or that are likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
- Which violate or infringe (or could reasonably be expected to violate or infringe) the intellectual property or other rights of EPLS or other.
- that pose or create a risk to anyone or their privacy or property.The Website Materials or the Online Services may contain links to websites or external sources operated by third parties or to third party products, services, events or activities, and it may also contain materials placed by third parties or facts, views, opinions or recommendations of third parties (“Third Party Materials”).Your access or use of the Third Party Materials or communications and transactions between you and the providers of the Third party Materials are entirely at your own risk and governed by their applicable terms and conditions, which you must comply with, and EPLS accepts no responsibility in relation to such access, use, communication and transactions.EPLS may at any time at its sole discretion:
- Monitoring and controlling use and access
- EPLS does not accept any responsibility in relation to the Third Party Materials or their content, and does not endorse, recommend or sponsor them. EPLS does not give any warranties or representations in relation to the Third Party Materials, including without limitation in relation to their accessibility, accuracy, credibility, reliability, authenticity or validity.
- Third Party Materials
- without notice to you monitor and review your access to and use of the Website Materials or any Online Services to ensure compliance with these terms or any Additional Terms.
- suspend, limit or terminate your access to or right to use all or any part of the Website Materials or any Online Services, including if EPLS believes you have breached these terms or any applicable Additional Terms or are acting in a way that may harm EPLS or anyone else.
Disclaimer of warranties
Nothing in the Website Materials or any Online Services constitutes, or is intended to be, professional advice of any kind (legal, financial or other) and you should not rely on them as such. You should make your own enquiries and seek independent professional advice before making any decision or taking any action.
The Website Materials (including User Submissions and Third Party Materials) and any Online Services are made available to you “As Is” subject to these terms. To the fullest extent permitted by law, EPLS disclaim any warranty or liability of any kind in relation to the Website Materials or the Online Services (whether express, implied, statutory or other) including without limitation in relation to their accessibility, reliability, accuracy, completeness, quality, fitness for any purpose, compatibility, merchantability, performance, timeliness, security, title or non infringement of any rights.
Without limiting the above, EPLS does not make any representation or warranty that:
- access to or use of the Website Materials or the Online Services will be available at all times or uninterrupted;
- the Website Materials or the Online Services will be fully functional or free from malfunction, failure or error;
- the Website Materials or the Online Services will be secure or free from viruses, trojan horses, worms, spyware or any other malicious, destructive or harmful components or actions; it is your responsibility to take all appropriate safeguards before downloading any Website Materials; or
- the Website Materials or any Online Services will be accessible, accurate, complete, reliable, up to date, or fit for any purpose.
Your access to and use of the Website Materials and the Online Services are entirely at your own risk. You are solely responsible for, and waive and release EPLS from any claim or liability in relation to, any loss, damage, cost, expense or liability of any kind incurred by you directly or indirectly on any account in connection with your access to, use of or reliance on the Website Materials.
Some jurisdictions do not allow exclusion or limitation of warranties, so the limitations and exclusions in this section may not apply to you. These provisions do not affect any statutory rights you may have under the Australian Consumer Law.
Limitation of liability
To the fullest extent permitted by law, EPLS, EPLS’s related companies and affiliates and EPLS’s directors, officers, employees, contractors and agents (“EPLS Group”) will not be liable for any loss, damage, cost, expense or liability of any kind, including legal costs and expenses, suffered or incurred by you directly or indirectly including due to third party claims (“Losses”) in connection with the Website Materials or the Online Services, however and whenever incurred regardless of their legal grounds, whether arising under statute, contract, in torts (including negligence), common law or otherwise, including without limitation Losses caused in connection with:
- access to or use of, suspension or limitation of the access to or use of or the failure to access or use, the Website Materials or the Online Services;
- reliance on the Website Materials or the Online Services;
- the availability, functionality, reliability, operation, completeness, accuracy, security or timeliness of the Website Materials or the Online Services;
- defects, viruses, delays, interruptions, errors, omissions or failures related to the Website Materials or the Online Services;
- any changes made to the Website Materials or the Online Services or their scope, design or layout;
- User Submissions posted by you or others and any act or omission of EPLS Group in relation to the User Submissions posted by you or others;
- the conduct of third parties accessing, using or posting Website Materials, including without limitation other users, and any communication you may have with them; and
- your access to or use of Third Party Materials and any communication or transaction you have with such third parties.
In no event will EPLS Group be liable for any indirect, incidental, consequential, special or similar Losses suffered or incurred by you, however and whenever incurred regardless of their legal grounds, whether arising under statute, contract, in torts (including negligence), common law or other, including without limitation loss of profit, opportunity or revenue, business interruption Losses or Losses to systems, equipment or data.
To the extent any applicable law does not allow the exclusion of the liability of EPLS Group in accordance with these terms, such liability will be limited to the fullest extent permitted by law, at EPLS’s option, to the re-supply of the services giving rise to the liability or to the refund of any amounts paid by you to EPLS for such services.
The limitation on the liability of EPLS Group specified in these terms will apply even if EPLS has been advised of, or should have been aware of the possibility, of any loss or damage arising.
You agree to fully indemnify EPLS Group and hold EPLS Group harmless from and against any loss, damage, cost, expense or liability of any kind, including legal costs and expenses, suffered or incurred by EPLS Group directly or indirectly including due to third party claims in connection with your breach of these terms or any Additional Terms, your access to or use of the Website Materials or the Online Services or any willful or negligent act or omission of yours, including without limitation in connection with any User Submissions posted by you and any infringement of third party rights by you.
If any of these terms or any applicable Additional Terms is deemed invalid or unenforceable in any jurisdiction by a court of competent authority, such term will be interpreted in a manner making it enforceable in that jurisdiction, and if not possible that term will be deemed to have been deleted without affecting the validity and enforceability of the other terms in that jurisdiction and of that term in other jurisdictions.
No failure or delay in exercising any right, power or remedy conferred by these terms will operate as a waiver of or otherwise prevent the exercise of the right, power or remedy.
These terms are governed by the laws of the State of New South Wales, Australia, without giving effect to any conflict of laws principles. By accessing or using the Website Materials you consent to the exclusive jurisdiction of the competent court in the State of New South Wales, Australia in all disputes arising in connection with this Website or the Website Materials.
EPLS welcomes your feedback, comments and suggestions in relation to this Website and the Website Materials. Feel free to contact us anytime.