(1) the terms set out below, any additional instructions or terms appearing on the Application 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”);
(3) if you do not agree to these Terms, you may not access or use the Protected Services.
1.2 The Registered User Terms set out the terms on which APM Terminals 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 authorized 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 utilizes the Protected Services and/or the Application.
1.3 The Registered User Terms shall not affect, or form part of, the terms of any contract of carriage with APM Terminals.
1.4 Subject to the Registered User Terms, APM Terminals agrees to permit the Registered User to use the Digital Certificates and such parts of the Application, Content and Protected Services as the parties agree.
1.5 APM Terminals México may amend the Terms related to the Protected Services from time to time. Amendments will be effective upon APM Terminals México’s posting of such updated Terms at this location. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2.1 “Content” means any information, data, text, images, video or audio or any other materials available from APM Terminals via or generated on, posted to or uploaded to the Application or Protected Services;
2.3 “APM Terminals” means APM Terminals A/S;
2.4 “Protected Services” means any services or facilities requested, made available or received via the Application;
2.5 “Registered User” means the entity identified in the “Company” field of the registered user application form;
2.6 “User Materials” means any information, data or other content or materials posted or uploaded by the User to the Application.
2.7 “Application” means those parts of the APM Terminals México which require an authorized account.
3.1 The Registered User agrees to access and use the Application and Protected Services only via an Individual User using an authorized access.
3.2 The Individual User shall, and the Registered User shall, ensure that Individual Users shall:
3.2.1 only use the Application to 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 APM Terminals in connection with the Application 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 Application.
3.3 APM Terminals is not liable for any delay or loss caused by the misuse or misapplication of a Digital Certificate.
3.4 If any of the Individual Users ceases to be authorized to use any of the Protected Services or Content on behalf of the Registered User, the Registered User must:
(1) notify APM Terminals immediately;
(2) ensure the relevant Individual User ceases to use the relevant Digital Certificate issued to him and ceases to use any part of the Protected Services or Content; and
(3) destroy or delete all copies of the relevant Digital Certificate and any accompanying documentation supplied in relation to the use of that Digital Certificate in whatever form in its possession or control.
(4) delete the Application.
3.5. The “Registered User” is responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Protected Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Protected Services and Applications and any updates thereto. APM Terminals does not guarantee that the Protected Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Protected Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
4.1 When an Individual User accesses the Application, APM Terminals will implement an automated check that an apparently valid Digital Certificate has been applied. APM Terminals or its agents may treat any apparently valid communication, instruction or notification in the form received by APM Terminals apparently from an Individual User (“Communication”) as properly authorized 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. APM Terminals 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 APM Terminals or its agents have reason to believe that a Communication which any of them receives has not been properly authorized or that any breach of security or of the Registered User Terms has occurred, APM Terminals 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 APM Terminals or its agents and for ensuring that they achieve the Registered User’s intended purpose and that they are transmitted correctly to APM Terminals or its agents. APM Terminals 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 APM Terminals or its agents have received, APM Terminals will make reasonable endeavors to comply with the request. However, APM Terminals 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.
5.1 If any Communication received by APM Terminals or its agents requires them to deal for the benefit of the Registered User (or on its behalf) with a third party, the Registered User appoints them to do so as its agent. The Registered User shall indemnify and hold harmless APM Terminals, its affiliates, associates and agents against any claims, losses, actions, proceedings, damage or other liabilities whatsoever (including damages or compensation paid by them to compromise or settle a claim), and all legal costs or other expenses, suffered by them as a result of, arising out of or otherwise relating to its activities as the Registered User’s agent unless caused by APM Terminals’ negligence.
5.2 Where APM Terminals or its agents pass Communications, information or content they receive to a third party or otherwise deal with a third party for the benefit of the Registered User (or on its behalf), APM Terminals and its agents are not responsible for:
(a) any delay or failure by the third party in processing the Communication, information or content; or
(b) the use of or reliance on any Communication, information or content by the third party.
6.1 The Registered User will not paid any charge for use the first version, the charge will be come for the services delivers for APM Terminals Lázaro Cárdenas.
7.1 The Individual User and the Registered User agree to comply with any reasonable instructions APM Terminals may from time to time issue to them regarding the Application’s security. The Registered User agrees that it shall implement, maintain and keep current appropriate security arrangements concerning its and Individual Users’ access to and use of the Application, Protected Services, Content and information stored on the Registered User’s and Individual Users’ computer systems or mobile devices. The Individual User, the Registered User and APM Terminals shall each take all reasonable precautions to ensure that their communications through the Application and their 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 APM Terminals.
7.2 APM Terminals shall apply commercially reasonable security measures in relation to the Application. The Registered User confirms that the level of security provided by the proper use of the Digital Certificates is adequate to protect its interests.
7.3 The Individual User and the Registered User must not reverse engineer, decompile or otherwise interfere with or publish or make available to any third party the Digital Certificate or any other software, data, tools or facilities made available to them in connection with the Application or the Protected Services.
7.4 The Individual User and the Registered User must notify APM Terminals as soon as reasonably possible upon becoming aware of any actual or attempted unauthorized access to the Application or any unauthorized transaction or attempt to execute an unauthorized transaction in connection with the Protected Services or any other circumstance that might be reasonably likely to result in any prejudice to the security of the Application or Digital Certificate.
7.5 The Individual User shall not, and the Registered User shall ensure that it, its employees and representatives do not do anything which may result in the security of the Application, Protected Services, Content, Digital Certificates or the systems or security of APM Terminals or its affiliates, associates, agents or any other parties, being compromised.
8.1 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 Application and all Content, or otherwise relating to the structure of the Application and the Protected Services vests in APM Terminals or its licensors.
8.2 The Individual User and the Registered User may use this Application, the Content and Protected Services only for the purposes reasonably anticipated on the Application or as otherwise might reasonably be expected in the course of their relationship with APM Terminals and in accordance with any procedures from time to time in force on the Application. The Individual User and the Registered User may not:
(1) use or permit any other party to use all or any part of the Application, 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;
(2) post to, upload to, temporarily store on (if such facility is provided) or transmit through, the Application 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;
(3) use the Application for the purpose of or as a means to send “flame” or “spam” emails.
8.3 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 Application (“User Materials”). The Individual User and the Registered User hereby irrevocably authorize APM Terminals 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.
8.4 APM Terminals does not warrant or represent that the Registered User’s, Individual Users’ or any other party’s use of the Application, Content or the Protected Services will not infringe rights of third parties.
9.1 APM Terminals will use reasonable endeavors to make the Protected Services available to the Registered User via the Application and to ensure that the Protected Services operate in substantial conformity with their description and any description appearing on the Application.
9.2 APM Terminals will use reasonable endeavors to ensure that the Content accurately reflects either
(1) the relevant part of APM Terminals’ records held on APM Terminals’ computer systems; or
(2) information received from a party other than APM Terminals. Certain Content may be labelled as indicative only, in which case APM Terminals makes no warranties at all in relation to its quality, accuracy, completeness or timeliness.
9.3 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 APM Terminals and its affiliates, associates and agents against any claims, losses, actions, proceedings, damage or other liabilities whatsoever (including damages or compensation paid by APM Terminals to compromise or settle a claim) and all legal costs or other expenses, suffered by APM Terminals or its affiliates and associates as a result of any actual or potential breach of this clause 9.3.
10.1 The Application may contain certain links or references to websites, services or applications operated by third parties. APM Terminals makes no warranties or representations whatsoever regarding any third party website, service or applications which the Registered User or the Individual User may access through this Application or which the Registered User or the Individual User may use or access to enable access to or use of this Application and any of its Content or Protected Services. Any such website, service or application is wholly separate and independent from this Application and APM Terminals does not have any control over the content or operation of such website, service or application. APM Terminals does not endorse any third party website, service or application and does not accept any responsibility for the existence, operation, content or use of such website, service or application.
10.2 The Registered User or the Individual User may not place hyperlinks to any area of this Application.
11.1 By accessing to this Application or Website or any page of APM Terminals, you signify your assent to this disclaimer.
11.2 The contents of this Application or Website or any page of APM Terminals, including without limitation, all data, information, text, graphics, links and other materials are provided as a convenience to our “Registered Users” and are meant to be used to render the “Protected Services”. APM Terminals does not take responsibility for decisions taken by the reader based solely on the information provided via the Application.
11.3 The “Protected Services” are provided “as is” and “as available”. APM Terminals disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
11.4 The “Registered User” agrees that the entire risk arising out of the use of this Application or Website or any page of APM Terminals, and any service requested in connection therewith, remains solely with the “Registered User”, to the maximum extent permitted under applicable law.
11.5 APM Terminals shall not be liable for indirect, incidental, consequential damages or any kind of damage, including loss of profit, lost data or whatsoever related to, in connection with, or otherwise resulting from the use of this Application or Website or any page of APM Terminals.
11.6 The Registered User shall ensure that no claims are brought against APM Terminals, its affiliates, associates or agents.
11.7 The Registered User shall indemnify and hold harmless APM Terminals, its affiliates, associates and agents against any claims, losses, actions, proceedings, damage or other liabilities whatsoever (including damages or compensation paid by them to compromise or settle a claim), and all legal costs or other expenses, suffered by APM Terminals, its affiliates, associates and agents arising out of any actual or potential breach by the Registered User or any of the Individual Users of any duties or obligations (including negligence) owed by the Registered User or any of the Individual Users to APM Terminals or its affiliates, associates or agents relating to the Registered User Terms, the Application, the Protected Services, User Materials or Content.
11.8 Nothing in these Registered User Terms shall exclude or limit liability for death or personal injury resulting from negligence or for fraud on the part of APM Terminals.
11.9 Except as set out in these Registered User Terms APM Terminals, its affiliates, associates and agents shall have no liability whatsoever in respect of Digital Certificates, Protected Services, Content, User Materials or the Application howsoever arising (including, without limitation, under any implied warranty, condition or term).
12.1 From time to time APM Terminals may suspend some or all access to or use of the Application, Content, Protected Services, User Materials or a Digital Certificate for scheduled or unscheduled routine, non-routine or emergency maintenance or for any other reason where APM Terminals reasonably considers it necessary to do so. In the event of such a suspension, APM Terminals will, where reasonably practicable, use reasonable efforts to give notice of the suspension via the Application beforehand, and also, if the user after three months of not registering any type of transaction in Commercial Web Platform (CWP), the user will be inactive for use website and APM Terminals Mexico mobile application.
If case of needing password reactivation, user must contact APM Terminals Lázaro Cárdenas, Customer Service department.
12.2 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..
13.1 Use of Digital Certificates, the Application, the Protected Services or the Content may be subject to certain legal or regulatory requirements in particular jurisdictions. The Individual User and the Registered User may only access or use the Digital Certificates, Application, Protected Services or Content to the extent such access or use is permitted in the jurisdiction in which they access or use the Digital Certificates, Application, Protected Services or Content.
13.2 APM Terminals may make modifications to the Registered User Terms at any time (including the addition of new products, Application upgrades, Content or Protected Services or changes in fees, rates or charges for their use) without prior notice. However, in respect of changes in fees, rates or charges APM Terminals shall, insofar as reasonably practicable, give the Individual User or the Registered User notice.
13.3 APM Terminals may give notice in writing to the address specified by the Individual User in the registered user application form (or a subsequent address notified to APM Terminals from time to time) or via the Application. Service of any notice on the Individual User shall (if applicable) also be deemed to be service on the Registered User. Proof of posting or transmission of any notice shall be deemed to be proof of receipt of the notice at the time when the notice would in the ordinary course be delivered or received. Any notice sent via the Application shall be deemed to have been received when the notice is first available through the Application for access by the Individual User.
13.4 APM Terminals and its affiliates, associates and agents will not be liable for any loss (including without limitation loss of profit), damage, delay or failure in performing any of its duties relating to the Registered User Terms caused in whole or in part by the action of any government or governmental agency, natural occurrence, law or regulation (or any change in the interpretation thereof), injunction, currency restriction, sanction, exchange control, industrial action (whether involving its staff or not), war, terrorist action, equipment failure, interruption to power supplies or anything else beyond its reasonable control.
13.5 The Registered User Terms supersedes all previous agreements, communications, representations and discussions between the parties relating to the Application. Save as expressly stated, no party will have a right of action against APM Terminals or its affiliates, associates or agents arising from any previous agreement, communication, representation and discussion in respect of the Application (except in the case of fraudulent misrepresentation) and it is acknowledged by the Registered User and the Individual User that they have not relied on any terms, warranties, representations or conditions other than those expressly stated in the Registered User Terms. No modification or waiver shall be binding on APM Terminals unless it is in writing and agreed by an authorized representative of APM Terminals.
13.6 References in the Registered User Terms to “in writing” or “written” include communication by email or other electronic form. References in the Registered User Terms to the singular include the plural and vice versa.
13.7 Each of the provisions of the Registered User Terms is severable from the others and if one or more of them becomes void, illegal or unenforceable, the remainder will not be affected in any way.
13.8 The rights of APM Terminals, its affiliates, associates and agents under the Registered User Terms may be exercised as often as necessary and are cumulative and not exclusive of their rights under any applicable law. Any delay in the exercise or non-exercise of any such right is not a waiver of that right.
13.9 The Registered User and the Individual User may not assign, part with or otherwise transfer any right or benefit under any provision of the Registered User Terms without APM Terminals’ prior written consent.
13.10 APM Terminals may assist or co-operate with authorities in any jurisdiction in relation to any direction or request to disclose personal or other information regarding any Registered User or Individual User or the use of the Application, Content or Protected Services.
13.11 APM Terminals’ affiliates, associates and agents (“Relevant Third Parties”) shall have the benefit of all provisions of the Registered User Terms which are expressed to be for their benefit, as well as the law and jurisdiction clause. In entering into the Registered User Terms, APM Terminals does so (to the extent of such provisions) not only on its own behalf but also as agent and trustee for such persons.
14.1 The parties agree that the Registered User Terms shall be governed by and construed in accordance with Mexican law and shall be subject to the exclusive jurisdiction of the Mexican Courts.
15.1 Time to time APM Terminals will deliver upgrades or new versions of the Application to add more functionalities or to solve bugs. The Register User is responsible to attend and upgrade the Application. APMT Terminals will not be responsible for any incorrect information, or failure regarding older versions.