1.1 These Terms comprise:
(1) the terms set out below, any additional instructions or terms appearing on the Website in relation to Protected Services which the Registered User uses (together the “Registered User Terms”); and
(2) any terms from time to time agreed between the parties and described as special terms which apply to the access to or use of particular Protected Services (“Special Terms”);
1.2 The Registered User Terms set out the terms on which MTT Shipping provide Protected Services and will apply to
(1) the Registered User if it is not already bound by the Registered User Terms (in which case the Individual User warrants that he is authorised to agree and does agree on the Registered User’s behalf to the Registered User Terms); and
(2) the Individual User acting on his own behalf, to the extent that such User utilises the Protected Services and/or the Website.
1.3 The Registered User Terms shall not affect, or form part of, the terms of any contract of carriage with MTT Shipping.
1.4 Subject to the Registered User Terms, MTT Shipping agrees to permit the Registered User to use services provided such Online Booking, Submission of Shipping Instruction, Cargo tracking and Statement of Account and such parts of the Website, Content and Protected Services as the parties agree.
2.1 “Content” means any information, data, text, images, video or audio or any other materials available from MTT Shipment via or generated on, posted to or uploaded to the Website or Protected Services;
2.2 “The Individual User” means the person identified in the “First Name” and “Last Name” fields of the registered user application form. “Individual Users” and “an Individual User” mean any other person identified, in the “First Name” and “Last Name” fields of a registered user application form which names the Registered User in the “Company” field.
2.4 “MTT Shipping” means MTT Shipping Sdn. Bhd.;
2.5 “Protected Services” means any services or facilities requested, made available or received via the Website;
2.6 “Registered User” means the entity identified in the “Company” field of the registered user application form;
2.7 “User Materials” means any information, data or other content or materials posted or uploaded by the User to the Website.
2.8 “Website” means those parts of the mttshipping.com.my website.
- Authorization to Use the Website
3.1 The Registered User agrees to access and use the Website and Protected Services only via an assigned User ID by MTT Shipping.
3.2 The Registered User shall, ensure that authorized Users shall:
3.2.1 only access and use the Protected Services and the Content on behalf of the registered User; and
3.2.2 observe any term, instruction or agreement with MTT Shipping in connection with the website at www.mttshipping.com.my and only access and use the Protected Services and the Content in accordance with the restrictions and conditions set out in the Registered User Terms and with any procedures from time to time in force on the Website.
3.3 MTT Shipping is not liable for any delay or loss caused by the misuse or misapplication website access by authorized user.
3.4 If any of the Individual Users ceases to be authorised to use any of the Protected Services or Content on behalf of the Registered User, the Registered User must:
(1) notify MTT Shipping immediately;
(2) ensure the relevant Individual User ceases to use the authority/access issued to him and ceases to use any part of the Protected Services or Content; and
3.5 A Registered User and Individual Users may be unable to access or use any Protected Services unless the Registered User and/or Individual Users installs, implements and maintains appropriate communication facilities (including software and hardware meeting the minimum requirements from time to time notified by MTT Shipping at www.mttshipping.com.my or otherwise). However, MTT Shipping does not warrant that the local set-up of the Registered User and/or Individual Users in accordance with such minimum requirements will ensure access to, full functionality of or effective operation of the Website. The Registered User shall ensure that any party using such Protected Services on its behalf obtains any consents and/or licences required by law for such use.
4.1 When an Individual User accesses the Website, MTT Shipping will implement an automated check that an apparently valid user access right has been applied. MTT Shipping or its agents may treat any apparently valid communication, instruction or notification in the form received by MTT Shipping apparently from an Individual User (“Communication”) as properly authorised by and legally binding upon the Registered User, even if in fact no such authority was given or if any Communication it receives was fraudulent or conflicts or appears to conflict with other instructions of the Registered User. MTT Shipping and its agents shall be under no further obligation to check the authenticity of the Communication or the authority of the Individual User transmitting it.
4.2 Where MTT Shipping or its agents have reason to believe that a Communication which any of them receives has not been properly authorised or that any breach of security or of the Registered User Terms has occurred, MTT Shipping and its agents reserve the right at their sole discretion not to act or to delay acting upon the Communication.
4.3 The Registered User is responsible for the accuracy and completeness of Communications received by MTT Shipping or its agents and for ensuring that they achieve the Registered User’s intended purpose and that they are transmitted correctly to MTT Shipping or its agents. MTT Shipping and its agents are not liable for any delay or loss where the contents of a Communication they receive are inaccurate, incomplete or where a Communication is not received by them.
4.4 If the Registered User for whatever reason requests the cancellation or modification of a Communication which MTT Shipping or its agents have received, MTT Shipping will make reasonable endeavours to comply with the request. However, MTT Shipping and its agents are not liable for any failure to cancel or modify such a Communication if such a request is received at a time or under circumstances that render it unreasonable to comply with the request.
- Confidentiality and Non-Disclosure
5.1) The user agrees that:
- i) All information contained in the Website shall be used by the user solely for the purpose of business needs to MTT Shipping Sdn. Bhd. (hereinafter referred as the “Carrier”).
- ii) All information contained in the Website shall at all times the property of Carrier; and
iii) Except as may require by applicable law or legal process, the user shall not distribute, disclose, or disseminate such information to anyone, who does not have a need to know such information for the purpose of business to Carrier, unless and until such time as:
Such Information is generally available to the public other than as a result of a breach of this Term and Conditions; or
Such Information is already in the procession of the user or his/her/its employees prior to access to the Website; or
Such Information is or has been lawfully disclosed to the user or his/her/its employees by a third party, not employed by or otherwise affiliated with the user, who is free lawfully to disclose the same; or
Such information is lawfully required to be disclosed to any government agency or is otherwise required to be disclosed by law; provided, however that before making such disclosure, the user shall give Carrier an adequate opportunity to interpose an objection and/or to take action to ensure confidential handling of such information.
5.2) The user warrants that he/she/it will apply reasonable safeguards against the unauthorized disclosure of the information contained in the Website and agrees to protect such information in the same manner and to the same degree that the user protects his/her/its own confidential and proprietary information.
5.3) The user further agrees that he/she/it will not give any employee access to such information until and unless the user has ensured that such employee is aware of the obligations of this Terms and Conditions and has agreed to maintain the confidentiality of such information as required hereunder. The breach of the Terms and Conditions by the user’s employees will be deemed as the breach of the Terms and Conditions by the user.
5.4) The user agrees that monetary damages would not be a sufficient remedy for any breach of this Terms and Conditions, and that Carrier shall be entitled to seek injunctive or other equitable relief to remedy or prevent any breach or threatened breach of this Terms and Conditions by the user or persons under the user’s direction or control (including but not limited to employees). Such remedy shall not be the exclusive remedy for any breach of this Terms and Conditions, but shall be in addition to all other rights and remedies available at law or in equity.
- Copyright/Other Rights
6.1 Ownership of all copyrights, database rights, patents, trade or service marks, product names or design rights (whether registered or unregistered), trade secrets and confidential information and any similar rights existing in any territory now or in future (“Intellectual Property Rights”) and similar rights and interests in all domain names, trade marks, logos, branding appearing on the Website and all Content, or otherwise relating to the structure of the Website and the Protected Services vests in MTT Shipping or its licensors.
6.2 The Individual User and the Registered User may use this Website, the Content and Protected Services only for the purposes reasonably anticipated on the Website or as otherwise might reasonably be expected in the course of their relationship with MTT Shipping and in accordance with any procedures from time to time in force on the Website. The Individual User and the Registered User may not:
(i) use or permit any other party to use all or any part of the Website, Content or Protected Services in connection with activities that breach any relevant laws, infringe any third party’s rights, or breach any applicable standards, content requirements or codes;
(ii) post to, upload to, temporarily store on (if such facility is provided) or transmit through, the Website any information, materials or content that might be or might encourage conduct that might be unlawful, threatening, abusive, defamatory, obscene, vulgar, discriminatory, pornographic, profane or indecent;
(iii) use the Website for the purpose of or as a means to send “flame” or “spam” emails.
6.3 The Individual User and the Registered User shall procure the waiver of any moral rights in any information, data or other content or materials posted or uploaded at any time by the Individual User to the Website (“User Materials”). The Individual User and the Registered User hereby irrevocably authorise MTT Shipping and its licensees to use any User Materials for all reasonable business purposes, including without limitation copying, amending, incorporating in other materials, publishing or otherwise providing to third parties (and permitting such third parties to use and sublicense the User Materials) anywhere in the world any such User Materials. The Individual User and the Registered User agree to take any steps (including completing any further document) that may be required in any jurisdiction to give effect to this clause.
6.4 MTT Shipping does not warrant or represent that the Registered User’s, Individual Users’ or any other party’s use of the Website, Content or the Protected Services will not infringe rights of third parties.
7.1 MTT Shipping will use reasonable endeavours to make the Protected Services available to the Registered User via the Website and to ensure that the Protected Services operate in substantial conformity with their description and any description appearing on the Website.
7.2 MTT Shipping will use reasonable endeavours to ensure that the Content accurately reflects either
(i) The relevant part of MTT Shipping’s records held on MTT Shipping’s computer systems; or
(ii) Information received from a party other than MTT Shipping. Certain Content may be labelled as indicative only, in which case MTT Shipping makes no warranties at all in relation to its quality, accuracy, completeness or timeliness.
7.3 The Registered User and the Individual User are responsible for the accuracy and completeness of any User Materials. The Registered User and the Individual User shall ensure that the User Materials do not infringe any Intellectual Property Rights or other right of any third party and are not defamatory, unlawful, immoral or otherwise likely to breach or infringe any right or requirement or to give rise to any claim for loss or damage by any third party. The Registered User and the Individual User shall jointly and severally indemnify and hold harmless MTT Shipping and its affiliates, associates and agents against any claims, losses, actions, proceedings, damage or other liabilities whatsoever (including damages or compensation paid by MTT Shipping to compromise or settle a claim) and all legal costs or other expenses, suffered by MTT Shipping or its affiliates and associates as a result of any actual or potential breach of this clause 9.3.
- Hyperlink Websites
8.1 The Website may contain certain links or references to websites operated by third parties. MTT Shipping makes no warranties or representations whatsoever regarding any third party website which the Registered User or the Individual User may access through this Website or which the Registered User or the Individual User may use or access to enable access to or use of this Website and any of its Content or Protected Services. Any such website is wholly separate and independent from this Website and MTT Shipping does not have any control over the content or operation of such website. MTT Shipping does not endorse any third party website and does not accept any responsibility for the existence, operation, content or use of such website.
8.2 The Registered User or the Individual User may not place hyperlinks to any area of this Website.
- Termination and Suspension
9.1 MTT Shipping (in its discretion) may amend the Registered User Terms at any time. Additionally MTT Shipping may (in its discretion) terminate all or part of any Individual User’s and/or Registered User’s access to or use of the Website, Protected Services, Content:
9.1.1 Immediately on giving written notice if:
(i) the Individual User or Registered User fails within 7 days of written notice from MTT Shipping to make any payment;
(ii) the Individual User or Registered User is in material or persistent breach of any provision of any part of the Registered User Terms and, in the case of breaches that may be remedied, fails to remedy that breach within 7 days of request; or
(iii) in relation to the Registered User, an order is made or a resolution is passed for its winding up or if an order is made for the appointment of an administrator to manage its affairs, business and property or if a receiver is appointed of any of its assets or undertakings or if circumstances arise which entitle a court or a creditor to appoint a receiver or manager or provisional liquidator or which entitle a court to make a winding- up order in relation to it or if it enters into any other formal or informal insolvency process in any relevant jurisdiction; or
9.1.2 On giving 14 days’ written notice.
9.2 The Registered User may terminate any individual set or sets of Special Terms or its use of the Website and/or its Protected Services.
9.2.1 Immediately on giving notice if:
(i) MTT Shipping is in material or persistent breach of any provision of the Registered User Terms and, in the case of breaches that may be remedied, fails to remedy that breach within 7 days of request; or
(ii) in relation to MTT Shipping, an order is made or a resolution is passed for its winding up or if an order is made for the appointment of an administrator to manage its affairs, business and property or if a receiver is appointed of any of its assets or undertakings or if circumstances arise which entitle a court or a creditor to appoint a receiver or manager or provisional liquidator or which entitle a court to make a winding-up order in relation to it or if it enters into any other formal or informal insolvency process in any relevant jurisdiction; or
9.2.2 on giving 14 days’ written notice.
9.3 The Individual User may terminate any individual set or sets of Special Terms or the use of website insofar as they relate to the Individual User on giving 14 days’ written notice.
9.4 Termination of all or part of the agreement between MTT Shipping and the Registered User shall automatically terminate the relevant part of the agreement between MTT Shipping and the Individual Users.
9.5 From time to time MTT Shipping may suspend some or all access to or use of the Website, Content, Protected Services, User Materials for scheduled or unscheduled routine, non-routine or emergency maintenance or for any other reason where MTT Shipping reasonably considers it necessary to do so. In the event of such a suspension, MTT Shipping will, where reasonably practicable, use reasonable efforts to give notice of the suspension via the Website beforehand.
9.6 Termination of these Registered User Terms will not affect the rights and remedies of the parties accrued prior to termination, nor affect any provision intended to continue after termination.
- Law and Jurisdiction
10.1 The parties agree that the Registered User Terms shall be governed by and construed in accordance with Malaysia law and shall be subject to the exclusive jurisdiction of the High Court of Justice in Malaysia.