Terms Of Service

Background

ARCON offers the services for Container Trading, in particular container leasing or selling, for one way use from specific Port of Load to specific Port of Destination and providing containers on Rental/Lease to its customers as per the requirements basis specific contract executed with the customers.

ARCON offers Container Leasing and selling to its customers as per order placed by various customers globally by using the Web Site Arcon Container Or by e-mails

This agreement applies as between you, the User of this Web Site and ARCON, the provider of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. In case you are using ARCON’s website for business transactions or request for containers on Lease or Buying the containers then you are bound by these Standard trading terms and conditions of ARCON.

Scope of the services provided by ARCON

As Lessor of Containers ARCON uses reasonable efforts and decides own discretion so as to which Users are to be provided by ARCON include the following services:

Customers or User request or orders for containers if placed on the Web Site.

ARCON shall respond to Customer’s request within 72 Hours and also supports the Customer administratively to finalise the Commercial contract with such Customers. Other services include.

(a) Preparation and monitoring of the release documents; providing release information;

(b) Communication with the depot regarding Container availability, gate moves etc.;

(d) Support with the collection and the return of the Containers (e.g. in case of depots refusing acceptance of a Container);

By providing access to and use of the Web Site, ARCON connects Customers, offering Customers the opportunity to provide and search for Availability Information for the most efficient allocation of equipment. ARCON is not responsible or liable to a customer for any risks underwritten nor for any risks associated with nor any content in the Customer Websites, the BIMCO websites or any other sites that are linked to the Web Site and/ or provided by third parties.

General Terms and Conditions

1. Definitions and Interpretation:

In this Agreement the following terms shall have the following meanings:

“ARCON”	“ARCON” Means the Lessor or Seller of container (s) herein and Owner of this Web Site
“Content”	means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Account”	means collectively the personal information, payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;
“Service”	means collectively any online facilities, tools, services or information that we make available through the Web Site either now or in the future;
“Services”	means the Container lease services available to you through this Web Site;
“Payment Information”	means any payment details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchase Information”	means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;
“Premises”	Means our place of business located at 8th Floor, DLH Plaza, SV Road, Andheri (W), Mumbai.
“System”	means any online communications infrastructure that we make available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”	means any third party that accesses the Web Site and is not employed by the ARCON and/or acting in the course of their employment;
“Web Site”	means the website that you are currently using (www…………com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. Intellectual Property

Subject to the exceptions in Clause 4 of these terms and conditions, all content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, look and feel, underlying code and software (the “Intellectual Property”) is our property or that of our affiliates or other third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable Indian and international intellectual property and other laws.
Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless we have given you express written permission to do so.

3. Third Party Intellectual Property

Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, copyright and trademarks, in respect of product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by ARCON to the relevant manufacturer or supplier.

4. Use of Communications Facilities

When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules.
You must not use obscene or vulgar language.
You must not submit any content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist, breaching any law or racist.
You must not submit Content that is intended to promote or incite violence.
It is advised that submissions are made in English as we may be unable to respond to enquiries submitted in any other languages.
The means by which you identify yourself must not violate these terms of use or any applicable laws.
You must not impersonate other people, particularly our employees and representatives or those of our affiliates; and
You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
You acknowledge that we reserve the right to monitor any and all communications made to us or using our System.

5. Accounts

In order to procure Services on this Web Site and to otherwise use the website facilities you may be required to create an Account which may contain certain personal details and Payment Information (which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase). By continuing to use this Web Site you represent and warrant that:

i) all information you submit is accurate and truthful.

ii) you have permission to submit Payment Information where permission may be required; and

iii) you will keep this information accurate and up to date. Your creation of an Account is further affirmation of this representation and warranty.

It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred or sustained as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
If you have reason to believe that your Account details have been obtained by another without consent, you should contact us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced.

6. Termination and Cancellation

Either we or you may terminate your Account. If we terminate your Account, you will be notified by email and an explanation for the termination may be provided. We may terminate without giving reasons.
If we terminate your Account, any current or pending orders or payments on your Account may (but also may not) be cancelled, depending on the reason your account was terminated.
We reserve the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.
If orders or payments are cancelled for any reason prior to commencement of Services provision, you will be refunded any monies paid in relation to those purchases.
If you terminate your Account, any non-completed orders or payments will be cancelled and you will be refunded any monies paid in relation to those orders. Non-completed orders are orders in respect of which the provision of Services has not begun.

7. Services, Pricing and Availability

Whilst every effort has been made to ensure that all descriptions of Services available from this website correspond to the actual Services, we are not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether.
Where appropriate, you may be required to select the required Services. We do not represent or warrant that such Services will be available. Availability indications may be provided on the Web Site, but they may not be accurate.
All pricing information on the Web Site is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
In the event that prices are changed during the period between an order being placed for Services and us processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price.
All prices on the Web Site do not include VAT, unless otherwise stated.

8. Payment

Any and all monies are due for payment on completion of the order or on the dates, or intervals specified in that order as may be appropriate, unless alternative arrangements are agreed between us and you.
Interest will be charged on a fixed rate of 18 % p.a. beyond the due date / last payment date.
Customers agree to the payment terms and pricing scheme laid out in the Commercial Terms between each Customer and ARCON, which shall form part of these Terms.
ARCON provide their services on consideration which is set out in the Commercial agreements of such Customers and the mode for settlement of such payments by its customers will be as per the agreement.
ARCON is not responsible for unapproved and unauthorized purchases by any of employee of the customers. The Customers shall all times refrain from illegal and misuse of Leased containers by any 3rd parties or unauthorized parties.

9. Provision of Services

Provision of Services shall commence when full payment has been received or as otherwise detailed in the terms and conditions pertaining directly to those Services.
We shall use our best endeavours to provide the Services with reasonable skill and care.
Provision of all Services shall be subject to the terms and conditions pertaining directly to those Services.
In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 7 (Seven) days to inform us of the mistake. We will ensure that any necessary corrections to the Services provided are made within a reasonable time.
We reserve the right to exercise discretion with respect to any alterations to Services under the provisions of this clause. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

i) Any use or enjoyment that you may have already derived from the Services;

ii) Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on our part and at our expense.

10. Privacy

Use of the Web Site is also governed by our Website Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please refer to “Privacy Policy” from the footer content.

11. Disclaimers

We make no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
2. No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
3. No part of this Web Site is intended to constitute a contractual offer capable of acceptance.

12. Changes to the Service and these Terms and Conditions

We, ARCON reserve the right to change the Web Site, its Content or these terms and conditions at any time. You will be bound by any changes to the terms and conditions from the first time you use the Web Site following the changes. If we are required to make any changes to the terms and conditions by law, these changes will apply automatically to any orders currently pending, in addition to any orders placed by you in the future.

13. Insurance:

Customers shall arrange sufficient Insurance coverage against total loss and damages by the Customer at their Costs and charges. Any liability for damages to the containers in Customer’s Custody will be solely on Customer’s account and Customer shall independently deal with insurance co. ARCON shall not be responsible any costs, repairs or claims for damages or total loss of containers under Customer’s custody. Customer shall pay all damages within 7 days of reporting of such incident or receipt of ARCON’s invoice for damages or Total loss irrespective of settlement or processing of claim with Insurer.

14. Limitation of Liability

To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
You must take appropriate insurance policies to cover all your potential risks relating to your risks and also to cover the payment of our services.

15. No Waiver

In the event that any party to these terms and conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

16. Previous Terms and Conditions

In the event of any conflict between these terms and conditions and any prior versions thereof, the provisions of these terms and conditions shall prevail unless expressly stated otherwise. The Terms of commercial agreement entered with the customer shall prevail over the standard terms and conditions.

17. Notices

All notices/communications shall be given to us either by post to our Premises (see address above). Such notice will be deemed received 7 days after posting if sent by speed post with complete address mentioned and if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

18. Law and Jurisdiction

These terms and conditions and the relationship between you and us shall be governed by and construed in accordance with the Laws of India and you agree to submit to the jurisdiction of the Indian Courts at Mumbai. All disputes and differences shall be referred to a sole arbitrator and the Indian Arbitration and Conciliation Act, 1996, as amended shall be applicable.

19. Confidentiality and privacy

a) Customers shall treat information received from ARCON regarding their contract as confidential and will not disclose it to any other person not entitled to receive such information except as may be necessary to fulfil their respective obligations in the conduct of their business and except as may be required by law or regulatory authority. This section will not apply to information to the extent that it is: (i) rightfully in the possession of such Customer; (ii) already public knowledge or becomes so at a future date (otherwise than as a result of a breach of this section); (iii) required to be disclosed pursuant to legal, or regulatory requirements; or (iv) which is trivial or obvious. Each Customer acknowledges and agrees that ARCON may include and disclose to third parties, on an anonymous and aggregate basis, information relating to use of the Web Site and information derived from the Web Site in benchmarking, modelling and other analytics offerings and reports derived from such information.

b) ARCON will process and be entitled to disclose and transfer personal data in accordance with the Privacy Policy and the Customer confirms it has read and understands the Privacy Policy and consents to any collection, use, processing, disclosure and transfer of personal data carried out by ARCON in accordance with the Privacy Policy.

c) Unless objected to by the Customer, each Customer acknowledges and agrees that ARCON may publish and/or disclose to third parties information relating to each Customer and its performance on the Web Site on e.g., “Public Company Profiles”.

20. Compliance:

Customers shall undertake to ensure adherence to all laws, rules and regulations and remain compliant. Customers shall not use or permit the use of the Web Site for any other illegitimate purpose. Customers shall not share Availability Information to coordinate their behaviour in view of fixing prices or quantities or allocating costumers or markets. Customer undertakes to remain compliant with Data Privacy Laws and other applicable rules and regulations and meet all required Compliances while dealing with ARCON.

e) ARCON has the right to put limits on provision of containers as per availability information at any time.

f) ARCON may at its sole discretion remove any Availability Information submitted by a customer accuracy of any Availability Information. The obligation of ARCON to arrange Slot- and Container-related services remains unaffected.

The Customer may include a link to its website as part of the Availability Information submitted to the Web Site (the Customer Website), provided: (i) this is done in a fair and legal way; (ii) it does not damage or take advantage of ARCON’s reputation or suggest any form of association, approval or endorsement on ARCON’s part; and (iii) the Customer Website complies in any respects with the content standards set out in the User Manual. No link may be established by Customers between the Web Site to any website other than the Customer Website apart from links to the BIMCO. ARCON reserves the right to withdraw linking permission at any time and for any reason without notice.

21. Liability

ARCON excludes all liability to the Customer and any Authorised User for any Losses arising out of or in connection with:

(a) the unavailability or inaccessibility of the Web Site.

(b) any interruption, delay or failure of the Web Site, Reports or any connected and related systems, components, interfaces, equipment, documentation, materials and technology provided by ARCON;

(c) any virus or harmful components or loss or damage to the Customer Systems, including if such harmful components stem from files uploaded by other Customers.

(d) ARCON shall not be liable to the Customer (or any person claiming under or through the Customer) whether in contract, in tort (including negligence), under statute or otherwise under or in connection with these Terms for any:

(a) loss of profit or revenue;

(b) loss of anticipated savings;

(d) loss of opportunity or business;

(e) business interruption; or

(f) Indirect or consequential Losses of whatever nature including any Losses of a type described in (a) – (e) above which could be regarded as indirect or consequential, in each case whether or not reasonably foreseeable, reasonably contemplatable, actually foreseen or actually contemplated by ARCON or the Customer at the time these Terms are entered into.

Subject to above sections, neither ARCON nor its officers, directors, agents or employees shall be liable to the Customer or any Authorised User for any loss or damage of any nature arising out of or in connection with the Customer’s or Authorised User, where such loss or damage is not caused by ARCON’s deliberate default.

22. Suspension

ARCON may in its absolute discretion restrict access to and use of the Web Site by the Customer or its Authorised Users, suspend or restrict a Customer’s right to submit or search for Availability Information, suspend or restrict a Customer’s right to view Reports or discontinue or suspend availability of the Web site at any time, with or without notice to the Customer and for any reason.