PLEASE READ THESE WEB SITE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE (THE “WEB SITE”). THESE WEB SITE TERMS OF USE (THE “TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF THE WEB SITE. THE WEB SITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEB SITE. BY ACCESSING OR USING THE WEB SITE, YOU AND THE ENTITY YOU ARE AUTHORISED TO REPRESENT (HEREINAFTER “YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.
- USER ELIGIBILITY
The Web Site is provided by KGMC and available only to entities and persons who have reached the age of legal majority and are competent to enter into legally binding agreement(s) under the applicable law. If You do not qualify, You are not permitted to use the Web Site.
- SCOPE OF TERMS OF USE
These Terms of Use govern Your use of the Web Site and all applications, software and services (collectively known as “Services”) available via the Web Site, except to the extent that such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You via the Web Site (“Service Agreement(s)”). Any such Service Agreements will accompany the applicable Services or are listed in association therewith or via a hyperlink associated therewith.
- MODIFICATIONS
KGMC may revise and update these Terms of Use at any time. Your continued usage of the Web Site after any changes to these Terms of Use will be deemed as acceptance of such changes. Any aspect of the Web Site may be changed, supplemented, deleted or updated without notice, at the sole discretion of KGMC. KGMC may also change or impose fees for products and services provided through the Web Site at any time, at its sole discretion. KGMC may establish or change, at any time, general practices and restrictions concerning other KGMC products and services at its sole discretion.
- KGMC Service Terms and Conditions
The service terms and conditions of KGMC (the “KGMC Service Terms and Conditions”) applicable to the transportation and related services provided by KGMC govern Your use of such KGMC transportation and related services obtained through this Website, in addition to any other terms and conditions that may be applicable to such transaction as provided in these Website Terms of Use and the Service Agreement(s). The KGMC Service Terms and Conditions are hereby incorporated into these Terms of Use, such that all references herein to the Terms of Use shall be deemed to include, to the extent applicable, the KGMC Service Terms and Conditions.
- Information Submitted Through the Website and the Services
Your submission of information through the Website and the Services is governed by these terms of Use. You represent and warrant that any information You provide through the Website or the Services is and will remain accurate and complete, and that You will maintain and update such information as needed.
With respect to any individual whose personal information is provided by You to KGMC through the Website and the Services, You represent to KGMC that You have the authority to provide such information and that You have provided all necessary notice and obtained all necessary consents for the processing of such information contemplated by the Services You are using.
- LICENCE AND OWNERSHIP
Any and all intellectual property rights (“Intellectual Property”) associated with the Web Site and its contents (the “Content”) are the sole property of KGMC, its affiliates or third parties. The Content is protected by copyright and other laws both in the United States and other countries. Elements of the Web Site are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All customised graphics, icons, and other items that appear on the Web Site are trademarks, service marks or trade dress (“Marks”) of KGMC, its affiliates or other entities that have granted KGMC the right and licence to use such Marks and may not be used or interfered with in any manner without the express written consent of KGMC. Except as otherwise expressly authorised by these Terms of Use, You may not copy, reproduce, modify, amend, lease, loan, sell and/or create derivative works from, upload, transmit, and/or distribute the Intellectual Property of the Web Site in any way without KGMC’s prior written permission or that of an appropriate third party. Except as expressly provided herein, KGMC does not grant to You any express or implied rights to the Intellectual Property of KGMC or that of any third party.
KGMC hereby grants You a limited, personal, non-transferable, non-sublicensable, revocable licence to (a) access and use only the Web Site, Content and Services only in the manner presented by KGMC, and (b) access and use the KGMC computer and network services offered within the Web Site (the “KGMC Systems”) only in the manner expressly permitted by KGMC. Except for this limited licence, KGMC does not convey any interest in or to the KGMC Systems, information or data available via the KGMC Systems (the “Information”), Content, Services, Web Site or any other KGMC property by permitting You to access the Web Site. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, amended, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of KGMC. You may not make, sell, offer for sale, modify, amend, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by KGMC.
- RESTRICTIONS ON USE OF THE WEB SITE
In addition to other restrictions set forth in these Terms of Use, You agree that:
(a) You shall not disguise the origin of information transmitted through the Web Site.
(b) You will not place false or misleading information on the Web Site.
(c) You will not use or access any service, information, application or software available via the Web Site in a manner not expressly permitted by KGMC.
(d) You will not input or upload to the Web Site any information that may contain viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Web Site or Information or that infringes the Intellectual Property rights of another.
(e) Certain areas of the Web Site are restricted to customers of KGMC.
(f) You may not use or access the Web Site or the KGMC Systems or Services in any way that, in KGMC’s judgment, adversely affects the performance or function of the KGMC Systems, Services or the Web Site or interferes with the ability of authorised parties to access the KGMC Systems, Services or the Web Site.
(g) You may not frame or utilise framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of KGMC.
- ACCESS TO SHIPPING RELATED SYSTEMS AND INFORMATION THROUGH THE WEB SITE
Your use and access of the Shipping Related Systems and Information are subject to the following terms:
(a) The “Shipping Related Systems” are comprised of the KGMC Systems which are used to provide tracking, time in transit, KGMC locations, address validation and other functions and information related to the despatch of parcels via KGMC. The Shipping Related Systems and Information gained from such systems (“Shipping Information”) are to be used by You solely in connection with parcels shipped by or to You or on Your behalf and for no other purpose.
(b) The Shipping Related Systems and Shipping Information are the private property of KGMC. KGMC authorises You to use the tracking functionality within the Shipping Related Systems solely to track consignments tendered by or for You to KGMC for delivery and for no other purpose. Without limitation, You are not authorised to make the Shipping Information available on any other web site or otherwise reproduce, distribute, copy, store, use or sell the Shipping Information for commercial gain without the express written consent of KGMC. This is a personal service, thus Your right to use the Shipping Related Systems and Shipping Information is non-assignable. Any access or use that is inconsistent with these terms is unauthorised and strictly prohibited.
(c) Any use in connection with the Shipping Related Systems of automated inquiry devices, robots, or repetitive data-gathering and extraction tools, routines, scripts or other mechanisms with similar functionality is expressly prohibited.
- LINKS
(a) Outbound Links. The Web Site may contain links to third-party Web Sites and resources (referred to collectively hereinafter as “Linked Sites”). These Linked Sites are provided solely as a convenience to You and not as an endorsement by KGMC of the content of such Linked Sites. KGMC makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. KGMC shall not be responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site’s privacy policy.
(b) Inbound Links. Linking to any page of the Web Site other than to http://www.KGMC.com through a plain text link is strictly prohibited in the absence of a separate linkage agreement with KGMC. Any web site or other device that links to http://www.KGMC.com or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that KGMC or any of its affiliates endorse it or its products, (d) misrepresenting any state of facts, including its relationship with KGMC or any of the KGMC affiliates, (e) presenting false information about KGMC products or services, and (f) using any logo or mark of KGMC or any of its affiliates, without express written permission from KGMC.
- SUBMISSIONS
KGMC does not accept ideas, concepts or techniques for new services or products through the Web Site (“Comments”). If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) KGMC and its affiliates are under no obligation to keep such information confidential, and (c) KGMC will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such Comments in any manner it chooses.
- TERMINATION
You agree that KGMC, at its sole discretion, may terminate or suspend Your use of the Web Site, the KGMC Systems, Information, Services and Content at any time and for any or no reason at its sole discretion, even if access and use continue to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue Your use of the Web Site, and (b) destroy any copies You may have made of any portion of the Content. Accessing the Web Site, the KGMC Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Furthermore, You agree that KGMC shall not be liable to You or to any third party for any termination or suspension of Your access to the Web Site, the KGMC Systems, Information and/or the Services.
- DISCLAIMER OF WARRANTIES
KGMC MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEB SITE, THE KGMC SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.
THE WEB SITE, THE KGMC SYSTEMS, THE INFORMATION, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. KGMC, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. KGMC AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEB SITE OR THE KGMC SYSTEMS. NO INFORMATION OBTAINED BY YOU FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY KGMC IN THESE TERMS OF USE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, SHALL NOT BE AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
- GENERAL
You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use shall be found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.