You and Your and Yourself refers to anyone using the ADT Website and anyone using ADT e-Services. e-Services means Container Enquiry, Vessel Schedule, Storage Calculator, electronic or online payment and other services available on the Website. Unless expressly stated otherwise, in this Agreement defined terms shall have the same meaning as ascribed to such defined terms in the Khalifa Port Container Terminal Terms and Conditions of Use and Tariffs.
2. Additional Terms
Where You choose to pay for ADT Services using the online payment method You also agree to the ADT Online Services Terms & Conditions.Click here to View.
You agree, as a condition of access to and use of the Website and e-Services to comply with and are deemed to have noted, accepted and agreed to observe all the terms and conditions of the Khalifa Port Container Terminal Terms and Conditions of Use and Tariffs.
4. Intellectual Property
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, trademarks, logos and branding appearing on the Website and all Website’ content and structure and the e-Services, is owned by ADT.
We authorise You to copy materials published by ADT on this Website solely for non-commercial use within Your organisation . No other use of the information is authorized. In consideration of this authorization, You agree that any copy of these materials which You make shall retain all copyright and other proprietary notices in the same form and manner as on the original.
Except as specified above, nothing contained herein shall be construed as conferring any Intellectual Property Rights in the Website or any third party. You are not permitted to modify, distribute, publish, transmit or create derivative works of any material found on the Website for any public or commercial purposes. You shall not use or reproduce ADT’s or the Khalifa Port logos, trademarks or names.
5. Exclusion of Warranties
ADT will use reasonable endeavours to ensure that the Website content accurately reflects the relevant part of ADT’s records held in ADT’s electronic database, as appropriate however ADT makes no representations and/or warranties of any kind regarding the ADT Website or e-Services, and the information contained therein or derived therefrom, including information provided by a third party, whether expressed or implied, including, but not limited to, any implied warranties of merchantability and fitness for a particular purpose.
ADT does not warrant that the Website or e-Services content is accurate, sufficient, error free, complete or up to date at the time it is accessed. You should make further enquiries to satisfy Yourself of the accuracy and completeness of any Website content before relying on it.
You are responsible for the accuracy and completeness of all information provided by You and shall indemnify and hold harmless ADT against any claims, losses, actions, proceedings, damage or other liabilities whatsoever (including damages or compensation paid by ADT to compromise or settle a claim), and all legal costs or other expenses, suffered by ADT as a result of any actual or potential breach by You of Your obligations under this clause.
6. Limitation of Liability
ADT is not and shall not be liable or responsible to You for any losses incurred by You arising from use of the Website, including those arising from any system failure or system error or inaccurate content. In no event will ADT be liable to You for loss of or damage to records or data; inaccurate data, cost of procurement of substitute goods, services or technology; any action of any government or governmental agency or any other matter beyond its reasonable control; or any direct, indirect, special, incidental or consequential damages arising out of this Agreement or Your use of Website or e-Services, including but not limited to loss of profits, even if ADT has been advised of the possibility of such damages.
7. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the UAE as applied in the Emirate of Abu Dhabi, without regard to its conflicts of laws provisions. The United Nation's Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. The parties agree that the courts of Abu Dhabi, shall have sole and exclusive jurisdiction and venue over any matter arising out of this Agreement and each party hereby submits itself and its property to the venue and jurisdiction of such courts. Each party hereby waives any objection that it may now or hereafter have to the laying of venue of any such proceeding in such court, including any claim that such proceeding has been brought in an inconvenient forum.
8. Website Security
You shall take all reasonable precautions to ensure that communications through the Website and Your own systems are not affected by computer viruses or other destructive or disruptive components and to ensure no such components are transmitted to or via the Website.
9.1 ADT, from time to time and without direct, individual notice to You, may make changes to the Website including the content and e-Services, including any fees or charges (if any) related thereto, or revise or update this Agreement, or cease providing access to the Website at any time. It is Your responsibility to read and review the terms of this Agreement each and every time You access the Website.
9.2 Any cause of action You may have with respect to use of the Website must be commenced within 1 year after the claim or cause of action arises or it shall lapse.
9.3 If You access the Website from a location outside of the United Arab Emirates, You are responsible for compliance with the local laws applying in such location.