Terms of Use Website

Terms of Use for the Website of Hapag-Lloyd Aktiengesellschaft and companies in the Hapag-Lloyd Group

1. General use

Use of and access to the Hapag-Lloyd website is subject to the terms and conditions below. Unless expressly agreed in writing, Hapag-Lloyd does not recognize any conflicting terms or conditions.

2. Website use and access

By accessing this website and/or any of its subsites (“Website”), you accept that you may only use the Website for the purposes for which it was created, i.e. for accessing general or specific information regarding Hapag-Lloyd and/or its services in accordance with Hapag-Lloyd’s Terms of Use as displayed on the Website at the time of use.

You are prohibited from using the Website for any purpose other than the purposes for which it was created (“Prohibited Uses”).

Prohibited Uses include, but are not limited to, the following:

• use of the Website in a way that violates applicable laws and/or the rights (including, without limitation, intellectual property rights) of Hapag-Lloyd or others;
• uploading, transferring and/or disseminating files or information that are capable of damaging or compromising the computer software or hardware of Hapag-Lloyd or others;
• use of screen scraping and/or data scraping technologies – e.g. to create lists of voyage dates, fare information, Internet keywords, URLs and other information – in a way that circumvents technical safeguards (IP blocks and/or CAPTCHA);
• deployment or attempted deployment of software or other processes that disrupt the proper functioning of the Website or disrupt other activities undertaken in connection with the Website;
• executing a function on the Website in a way that results in disproportionately or uneconomically high loads being placed on the infrastructure of the Website;
• disrupting the Website’s connection to the server and/or to network, or disregarding the requirements, processes, recognized principles and protocols of networks to which the Website is connected;
• disclosing passwords to non-public areas of the Website to unauthorized third parties or using such passwords in an unauthorized manner;
• use of search engines, software, tools, agents or other automated processes, including, without limitation, browsers, spiders, crawlers, searchbots, avatars and intelligent agents, in a way that circumvents technical safeguards (IP blocks and/or CAPTCHA) so as to search and use the website (a) in a manner other than that prescribed by Hapag-Lloyd or (b) by means other than commonly available browsers (e.g. Internet Explorer, Firefox, Chrome);
• attempting to decrypt, disassemble, decompile or reverse engineer software that constitutes the Website or parts of the Website;
• displaying content from the Website in the form of frames on other websites;
• collecting or storing personal data pertaining to other users of this Website and/or to employees of Hapag-Lloyd;
• reproducing, copying, on-selling or otherwise commercially exploiting legally protected content from the Website or parts of it without first obtaining Hapag-Lloyd’s express permission, especially by trying to circumvent technical safeguards;
• gaining access to data that are not intended for you personally, scanning or testing the vulnerability of the system or network without express permission, or bypassing authentication levels or breaking security protocols without express permission; and
• disrupting or in any way impairing the Website’s connection to the client, host or network using means such as, but not limited to, viruses, overloading, flooding, spamming, mail bombing or crashing

In addition to any other rights it may have under applicable laws, Hapag-Lloyd reserves the right in its sole discretion to block your access to this Website permanently or temporarily if you engage in any Prohibited Uses.

In addition, Hapag-Lloyd may, at its sole discretion, (a) remove from the Website any material relating to Prohibited Uses, (b) take legal action against you in order to recover any and all damages (including reputational damages and legal and administrative costs) incurred as a result of Prohibited Uses engaged in by you, (c) require you, where applicable, to sign a legal undertaking to cease and desist from Prohibited Uses, (d) forward to criminal prosecution and other public authorities any information it deems relevant for the due enforcement of applicable laws, and/or (e) take any other action it deems appropriate to mitigate its losses and to safeguard the Website against Prohibited Uses both now and in the future.

3. Copyright

All copyright and other intellectual property rights in the design and content of this Website are and will remain the property of Hapag-Lloyd.You are permitted to download the website or parts of it only for personal use. Excepted from this are specific instances in which we expressly direct or enable you to make commercial use of the Website (e.g. if we direct you to download specific forms or information). All other commercial uses, including duplication, modification and, in particular, dissemination in return for payment (on-selling), are prohibited.

4. Download of software

Software offered for download on this Website is available for download and use free of charge unless stated otherwise. By downloading software from this Website, you enter into a user agreement for that software with Hapag-Lloyd.

Hapag-Lloyd is the exclusive holder of copyright in the software and in all authorised copies of that software. Hapag-Lloyd grants you a non-exclusive and non-transferable licence for personal use of the software in question. All other uses of the software, including modification, distribution and making it available to the public, are prohibited unless you have obtained the prior permission of Hapag-Lloyd in writing.

You are permitted to duplicate the software, but only to the extent that the duplication in question is necessary for the proper use of the software. Permitted instances of duplication include, in particular, installation of the software on your hardware and loading the software into your hardware’s working memory. Duplication is also permitted for back-up purposes.

You are not, however, permitted to lease, lend, sublicense, assign or transfer any rights in the software, nor are you permitted to copy the software, wholly or in part, onto the computer of another user. You further prohibited from modifying, adapting and translating the software and from creating adapted versions of the software.

Any use of the software that extends beyond the scope of the uses permitted in these Terms of Use requires the written permission of Hapag-Lloyd.

Hapag-Lloyd reserves the right to revoke your licence to use the software with immediate effect if there is good cause to do so. Good cause includes, but is not limited to, cases in which you contravene the provisions of clause 4 of these Terms of Use or commit any other material breach of these software licence conditions.

You are aware of the main functional characteristics of the software – as described at "Mobile App - Keep track - anytime, anywhere..." – and bear the risk and responsibility for ensuring that the functional characteristics of the software correspond to your requirements and wishes, particularly as regards infrastructure and system environment.

In particular, it is entirely your responsibility to ensure that you have in place the necessary infrastructure, system environment, permissions, data and data backup systems for the software and that the data and data backup systems have the necessary scope and structure.

While all care was exercised in the development of the software, the software is provided “AS IS”. Therefore, except in the case of intentional or fraudulent conduct, Hapag-Lloyd accepts no liability or responsibility for any technical or legal defects in the software; in particular, it makes no representations and gives no warranty, express or implied, that the software is free of errors and faults, unencumbered by copyrights or other intellectual property rights owned by others, is complete, or fit for use. For all other eventualities, Hapag hereby excludes all liability except where liability cannot be excluded by contract, such as in the case of non-excludable liability under the German Product Liability Law (Produkthaftungsgesetz), loss caused by intentional conduct, gross negligence or fraudulent concealment of defects, conduct resulting in death, physical injury or injury to health, and situations in which product characteristics have been warranted or guaranteed.

The software provided free of charge on this Website is not supported by any contractual maintenance or update services.

5. Links

Where we refer via links or hyperlinks to other websites or web pages, we assume no liability or responsibility for the privacy policies or the content of those pages. The links are provided solely for information or advertising purposes and in no way give rise to any legally binding obligations on the part of Hapag-Lloyd.

6. Formation of contracts

In so far as Hapag-Lloyd enables you to conclude contracts with Hapag-Lloyd via the Website, any such contracts concluded are governed exclusively by the relevant terms and conditions of business of Hapag-Lloyd. You can access these terms and conditions of business by clicking on a dedicated web link or by requesting them from Hapag-Lloyd Aktiengesellschaft, Ballindamm 25, 20095 Hamburg, Germany. If Hapag-Lloyd transfers data electronically to you, you must immediately check the data for correctness. In the event of transmission errors, Hapag-Lloyd has the right to contest the validity of any incorrectly transmitted declarations of legal intent received by you from Hapag-Lloyd. Hapag-Lloyd constantly scans its data transfers for computer viruses. However, it is not possible to eliminate the risk that software owned or used by you may become infected by these data transfers if you fail to take appropriate countermeasures to protect your systems. Therefore, if you receive and store data which you have requested from Hapag-Lloyd, you do so entirely at your own risk. In particular, Hapag-Lloyd accepts no liability whatsoever for data in respect of which you have omitted to make back-up copies at regular intervals (at least once daily).

7. No liability for erroneous information

While the information provided via the Website is accurate and correct to the best of Hapag-Lloyd’s knowledge, it may nevertheless contain errors and inaccuracies. The information is provided “AS IS,” and Hapag-Lloyd makes no representations and gives no warranties, express or implied, as to its correctness or completeness. Hapag-Lloyd therefore accepts no liability for any errors or omissions in the information provided via the Website or for any consequences arising from the use of the information provided via the Website. Arrangements contrary to or inconsistent with this exclusion of liability are valid only if they are expressly agreed in writing between Hapag-Lloyd and yourself or if Hapag-Lloyd demonstrates a manifest intention to vouch for the correctness of the information.

8. Access to password-protected pages

Access to and use of password-protected areas of this Website is restricted to authorized persons. You are responsible for maintaining password secrecy. Do not share your password with any other person. Change your password regularly to minimize the possibility of unauthorized access to your account.

9. Applicable law/place of jurisdiction

Your use of the Website is governed by the laws of the Federal Republic of Germany exclusively. If you are a person of business (Kaufmann), then exclusive jurisdiction to hear all disputes between you and Hapag-Lloyd arising in relation to or under these Terms of Use or in relation to or under any agreement concluded under these Terms of Use rests with the competent courts of territorial jurisdiction in Hamburg, Germany.

(As of: May 2015)