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myZIM Digital Services Agreement

myZIM terms and conditions
These myZIM terms and conditions set out the terms on which ZIM Integrated Shipping Services Ltd. (“ZIM”) will provide services via the myZIM Platform and personal area (“myZIM”) to all Registered Users, as detailed below. 
1.    Definitions: 
(i)    “Admin”/”Admin User” – a User designated as the Organization’s Administrator authorized to manage all Organization’s Registered Users accounts and is specifically authorized by the Organization’s authorized signatories to access the Restricted Services. An Admin is also a Registered User. 
(ii)    “CUCC”- a carrier unique customer code which is issued to the Organization,  matched to each of the Organization’ Registered Users and serves as an identification number to track Organization’s shipments, bookings, billings and other activities related to ZIM’s services. 
(iii)    “myZIM” – a self-service platform available at https://my.zim.com, which grants the Registered User with certain information and available services by ZIM, including a personal area which allows the Registered User to view personal activity or, if the Registered User is an Admin, his/her Organization’s activity. . 
(iv)    “Organization” - the company or other legal entity represented by the Registered User/s (and Admin User, if any), and is identified by ZIM’s CUCC.
(v)    “Registered User” – a user who has successfully registered to myZIM in accordance with the registration process detailed in clauses 3.1-3.4 below and accepted these myZIM terms and conditions. 
(vi)    “Restricted Service/s” – certain services on the myZIM that are access restricted such as Print B/L and Teamwork and are only either available: (a) to Admin Users; or (b) to specified Registered Users, as per Admin User’s instructions and authorizations. Additional terms and conditions may apply to each Restricted Service and will serve as an integral part hereof. In case of a contradiction between these myZIM terms and conditions and the terms and conditions of a Restricted Service, the terms and conditions of each of the Restricted Service shall supersede these terms and conditions.  
(vii)    “Services” – the myZIM platform and all additional products/services available to the Registered User on myZIM, including the Restricted Services. 
(viii)    “User” – an individual who submitted, or that the Organization’s Admin has submitted on the user’s behalf, an application to register to myZIM.

2.    General 
2.1    These myZIM terms and conditions, and, unless explicitly declared otherwise, other particular or general terms and conditions which are referred to here, shall not affect or be deemed a part of ZIM’s Bill of Lading, Sea Waybill or any other contract of carriage with ZIM.
2.2    Other than these terms and conditions, other Services available on myZIM may include their own terms and conditions, which will serve as an integral part of the myZIM terms and conditions and shall be subject to clause 2.1 above. In the event of a contradiction between each of the Services’ terms and conditions and these myZIM terms and conditions, the terms and conditions of the Service shall supersede these myZIM terms and conditions and/or other terms and conditions. 
2.3    The Registered User acknowledges that all Services shall be provided in accordance with ZIM’s Personal Data Protection Policy.

3.    Registration Process
3.1 A Registration to access myZIM shall be made either by: (i) a User submitting a myZIM registration application; (ii) an Admin’s submitting a registration application requesting to register a certain user as per the Admin’s instructions. In both cases, the application shall include (among others) the user’s contact information and email address. 
3.2 Where a registration application is submitted, the details and information provided by such User or Admin in the registration request may be validated, to the extent possible, by ZIM or any third party on its behalf. For the sake of clarification and the avoidance of doubt, ZIM and/or its agents, representatives, subsidiaries and/or affiliated companies (“Agents”) shall be under no obligation to validate the identity of the User and/or the authenticity or accuracy of the User information provided to ZIM and the Registered User and/or any third party on its behalf shall be solely and individually liable for any loss, expense or damage incurred to ZIM or its Agents in connection with any misrepresentation, omission, error, negligence or willful misconduct of the Registered User. ZIM reserves the right to refuse an application at any time and for any reason. 
3.3    Upon approval of the application, ZIM shall: (i) provide the User with the username and password in accordance with the email address provided by the User or the Admin, including other security measures as may be requested by ZIM from time to time (“Digital Access Means”), and (ii) either issue a new CUCC number or match an existing CUCC number to the User. . The Digital Access Means are aimed to secure personal use only, and may not under any circumstances be transferred to, or shared with, other third parties, including Registered Users who are not the Admin of the Organization, or with other third parties. The Registered User will keep the Digital Access Means in strict confidence, not disclose it or otherwise make it available to any third party and use it only for the intended purpose, 
3.4    The registration process as described in clauses 3.1-3.3 shall be completed only after the User logs in to myZIM and accepts these myZIM terms and conditions. User shall become a Registered user following the completion of the registration process as detailed in clauses 3.1-3.4 herein. 
Access and Restricted Services
3.5    If the Registered User is not an Admin and/or was not authorized by an Admin, the Registered User shall be able to review only his/her Digital Access Means and will only be entitled to access his/her respective activities on myZIM using his/her Digital Access Means.  
3.6    Access and utilization of the Restricted Services shall be made available to the Organization subject to the designation of an Admin which will be identified and authorized by authorized signatories of the Organization either in hard copies or after adding an authorized signatory’s digital graphic signature and clicking on the “submit” button. The Admin shall have full access to all Organization’s and Registered Users’ data and transactions. The Organization shall be solely responsible and liable for the acts and omissions of the Admin and/or Registered Users with respect to such access and/or use of the myZIM as if done by the Admin or Registered User in person. The Admin may add or remove Registered Users on behalf of the Organization via myZIM. 
3.7    In case any Registered User or Admin ceases to be authorized to access and/or use the myZIM, the Organization will ensure that such Registered User ceases to use myZIM as follows: (i) In case there is an Admin, the Admin will delete the Registered User’s account, including the Registered User’s Digital Access Means (ii) in case there is no Admin or in case the Organization requests to delete an Admin account, the Organization shall submit a service request signed by the Organization’s authorized signatories.  ZIM shall be entitled to request any additional information or documentation prior to complying with such a request.  
3.8    Without derogating from any right of suspension or termination of access and/or use of myZIM provided in these myZIM terms and conditions, ZIM reserves the right to suspend or deny access to the myZIM of a Registered User by disabling such Registered User’s (including  Admin’s) Digital Access Means, with no prior notice, where ZIM has reason to believe that the use of such Digital Access Means is fraudulent or otherwise jeopardizes the security of myZIM and/or its Registered Users.
3.9    A Registered User will immediately notify ZIM of any disclosure or suspected disclosure of Digital Access Means, for any reason whatsoever, to any third party, or of any other circumstances that might reasonably compromise the security of myZIM.

4.    Use of myZIM
4.1    The access or use the myZIM or certain services therein may be contingent upon the Registered User installing, implementing and maintaining certain communication facilities meeting ZIM’s minimum requirements. However, ZIM does not warrant that such facilities will ensure access to, full functionality or effective operation of myZIM. In addition, the access or use of certain Services and/or Restricted Services may be contingent upon the Registered User providing consent to additional Services terms and conditions (including Restricted Services’ terms and conditions).
4.1    By registering to myZIM, the Registered User consents that, unless expressly requested otherwise by the Registered User, ZIM may contact the Registered User in connection with myZIM services and/or additional services offers that may be relevant to the Registered User and/or Organization. The Registered User shall be entitled to unsubscribe at any time.   
4.2    ZIM will use reasonable endeavors to make the myZIM content and applicable Services available to the Registered User and to ensure that such content and/or Services accurately reflect either ZIM’s records held on ZIM’s internal computer systems or information received by ZIM from third parties.
4.3    myZIM may not be used for any purpose that breaches any applicable laws or regulations or is otherwise prohibited by these myZIM terms and conditions. myZIM may not be used in any manner that could damage, disable, overburden or impair any of ZIM’s systems, including ZIM’s servers and/or networks connected to any ZIM server, or interfere with any other party’s use of myZIM. ZIM’s Terms of Use shall apply to the Registered User’s use of myZIM. 
4.4    ZIM is not liable for any delay or loss caused by the misuse or misapplication of the myZIM and/or the Digital Access Means.
4.5    ZIM reserves the right to change, suspend or discontinue the Services and content provided through the myZIM or any part thereof at any time, without notice or liability.
4.6    ZIM may suspend access to myZIM and/or to certain Services provided via myZIM from time to time for scheduled or unscheduled routine, non-routine or emergency maintenance or for any other reason ZIM considers necessary for the ongoing operation of myZIM or any part thereof. Without derogating from Clause 4.5 above, ZIM may use reasonable efforts to give notice of such suspension via the myZIM beforehand, where reasonably practical.

5.    Registered User’s Instructions
5.1    Any instruction, notification or other communication received by ZIM from the Admin or from a Registered User via myZIM (for convenience, any and all will be referred to as “Instructions”), will be legally binding upon the Organization, and ZIM will be under no responsibility to check the authenticity of such Instructions, the authority of the Admin or the Registered User providing such Instructions or the compatibility of such Instructions with other communications received from any Registered Users. Without derogating from the aforesaid, ZIM reserves the right at its sole discretion to avoid or delay any action pursuant to Instructions received where it has reason to believe that such Instructions are fraudulent and/or not duly authorized.
5.2    The responsibility for the contents of any Instructions in terms of accuracy and completeness, as well as to the proper transmittance of such Instructions to ZIM via myZIM, lies with the Admin and or the Registered User and/or the Organization. ZIM shall not be liable for any delay or loss related to inaccurate or incomplete Instructions and/or Instructions not properly received.

6.    Interactivity, Hyperlinks and Third-Party Providers
6.1    ZIM may make available through myZIM certain features and/or services and/or data and/or hyperlinks, including certain interactive features, which are provided by external and independent third parties (“Third Party Providers”). ZIM disclaims all warranties, express, implied or statutory, with regard to each Third-Party Provider and its respective feature and/or service and/or data and/or hyperlink, including but not limited to all warranties of accuracy, merchantability, fitness for a particular purpose, title and non-infringement.
6.2    ZIM may provide through myZIM certain interactive services and features, such as tracking and tracing of containers and shipping schedules. The data provided through such interactive services and features is for information and convenience only and is not definitive. ZIM does not warrant the accuracy or correctness of such data. Reliance on the information provided through myZIM or its use is at the Admin’s and/or Registered User’s and/or Organization’s own and sole responsibility.
6.3    Unless otherwise agreed in writing by ZIM and the Registered User, the Registered User may not place hyperlinks to any area of myZIM. 

7.    myZIM Content
7.1. While ZIM uses commercially reasonable efforts to ensure that the information displayed on myZIM is accurate and up to date, myZIM could include technical or other mistakes, inaccuracies or typographical errors. ZIM does not warrant that the content of myZIM is accurate, sufficient, error free, complete or up to date at the time it is accessed. The Registered User and/or Organization should make further enquiries to verify the accuracy and completeness of any content before relying on it.
7.2. Without derogating from the aforesaid, certain information and/or data being offered or provided through myZIM or its use, including without limitation with respect to shipment and material handling, tips and recommendations, information relating to local regulations etc., is purely informative in nature and provided for the Admin’s or Registered User’s convenience only without any representation or warranty by ZIM. In no event, and unless stated otherwise, will such information and/or data being offered or provided through myZIM constitute professional, legal, or tax advice or full and accurate data. The Organization will assume sole and full responsibility for any liability or loss incurred as a consequence of the use, directly or indirectly, of any information and/or data being offered or provided through myZIM, and the Organization hereby irrevocably and unconditionally waives any claim or demand regarding reliance upon or use of any such information and/or data.
7.3. The Registered User and/or the Organization are responsible for the accuracy and completeness of any information, data, material or content uploaded or posted to the myZIM personal area (“User Content”), and will ensure that the any content provided by the Registered User on myZIM does not infringe any third party rights and is 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 Admin, Registered User or Organization shall jointly and severally indemnify and hold harmless ZIM and its affiliates, associates and agents against any claim, loss, damage, liability, action or proceeding and all related expenses (including legal costs) suffered by ZIM or any of its affiliates, associates and agents as a result of any breach of this provision.

8.    Security
8.1. ZIM shall apply commercially reasonable, industry standard security measures in relation to the myZIM and the protection of Admin’s, User’s and Organization’s information. The Admin, Registered User and Organization confirm that the level of security provided by the proper use of myZIM, including the Digital Access Means, is adequate to protect Admin’s, User’s and Organization’s interests.
8.2. ZIM and the Admin, User and Organization shall each take reasonable precautions to ensure that their communications through myZIM as well as their own computer systems are not affected by viruses or other harmful components and that such components are not transmitted to or via ZIM or myZIM.
8.3. The Admin and/or Registered User and/or Organization shall apply measures reasonably requested by ZIM from time to time regarding the security of myZIM.

9.    Intellectual Property Rights
9.1. 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 existing or future rights in any territory and similar rights and interests in all domain names, trademarks, logos and branding appearing on myZIM, or otherwise relating to the structure of myZIM and the services offered therein, are and shall remain the property of ZIM or its licensors, unless expressly stated otherwise.
9.2. Unless otherwise stated herein, any content provided on myZIM may not be copied, reproduced, displayed, posted, downloaded, retransmitted, republished or modified in any way, including but not limited to electronic, mechanical, photocopying, recording, or otherwise, without the prior written authorization of ZIM. However, Admin and Registered User are permitted to use, download and print any content of myZIM only for the purposes reasonably anticipated with regard to myZIM and the Services or as otherwise might reasonably be expected in the course of Admin’s, Registered User’s and Organization’s relationship with ZIM and in accordance with these myZIM terms and conditions.
9.3. The Organization’s logo and/or trademark may be displayed on myZIM, after being uploaded or provided to ZIM for such purpose by the Registered User or the Organization. The Organization hereby confirms its agreement to the display of logo and/or trademark as aforesaid.

10.     International Users
10.1. myZIM can be accessed from countries around the world and may contain references to ZIM’s products, services, and programs that are not available in the Organization’s choice of country. These references do not imply that ZIM intends to announce such products, services, or programs in the Organization’s choice of country.
10.2. The Use of Digital Access Means and/or myZIM may be subject to certain legal and/or regulatory requirements in different jurisdictions. ZIM makes no representation that any content of myZIM is permitted or available for use in particular locations. Registered Users who choose to access and use myZIM from particular locations, do so on their own initiative.

11.    Payment
11.1. The Organization will promptly pay all fees and charges applicable to any services or products provided via myZIM within the time and in the manner of payment specified on myZIM or as otherwise advised by ZIM from time to time.
11.2. Unless stated otherwise, all sums specified on myZIM or otherwise are exclusive of any sales and/or any other taxes relating to the supply of the products or services which shall be paid by the Organization at the applicable rate.

12.    Disclaimer of Warranties
12.1. Except as expressly provided otherwise herein, myZIM and all content and services accessible through myZIM are provided on an “as is” basis. ZIM, to the fullest extent permitted by law, disclaims all warranties including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights and fitness for a particular purpose. ZIM, its affiliates and licensors make no representations or warranties regarding the accuracy, completeness, security or timeliness of the services, content or information provided on or through myZIM.
12.2. ZIM makes no warranty that myZIM and/or the content and services provided therein will be uninterrupted, timely, secure or error free or that myZIM or any of the content and services provided therein or via the applicable servers will be free of viruses or other harmful components.

13.    Liability and Indemnity
13.1. To the fullest extent permitted by applicable law:
(i) Under no circumstances shall ZIM or any of its subsidiaries, affiliates, stockholders, directors, officers, employees, licensors or suppliers and/or anyone acting on their behalf (“ZIM Parties”) be liable, jointly or severally, to the Admin and / or Registered User and/or the Organization and/or any other person, as a result of the Admin’s or Registered User’s access or use of myZIM or any content or service therein, for any indirect, consequential, incidental, special, punitive or exemplary damages, including but not limited to loss of revenue, profits, use, data or other intangibles (collectively, the “Excluded Damages”), whether or not characterized in negligence, tort, contract or other theory of liability, even if any of the ZIM Parties has been advised of the possibility or could have foreseen any of the Excluded Damages, and regardless of any failure of an essential purpose of a limited remedy. If any applicable authority holds any portion of this provision to be unenforceable, then the liability of ZIM Parties shall be limited to the fullest possible extent permitted by applicable law.
(ii) The aggregate liability of ZIM Parties to the Organization and/or the Admin and / or any User and/or any other person acting on their behalf in connection with the these myZIM terms and conditions and/or the myZIM shall be limited to a sum of USD 10,000 in respect of any claim or series of claims arising from the same cause.
13.2. The Organization is responsible for ensuring the Admin and all Registered Users fully comply with the terms and conditions of the these myZIM terms and conditions. The Organization and the Admin and Registered User will be liable jointly and severally for any breach of the terms and conditions of these myZIM terms and conditions.
13.3. The Organization shall compensate, indemnify and hold harmless the ZIM Parties from and against any claim, liability, damage, loss, action or proceeding and all related expenses (including legal costs) suffered by the ZIM Parties arising out of or in connection with a breach of these myZIM terms and conditions by the Organization and / or the Admin and/or any Registered User.
13.4. Except as otherwise stated herein, and to the extent permitted by applicable law, the ZIM Parties shall have no liability whatsoever with respect to myZIM or any of the services or content provided therein, the Digital Access Means and/or the User Content.

14.    Termination
14.1.Without derogating from ZIM’s rights to suspend any Services or content provided through myZIM as set forth in these myZIM terms and conditions, ZIM shall be entitled to terminate all or part of the Organization’s and/or Registered User’s access or use of myZIM, upon: (i) Giving a written notice with immediate effect in case: (a) the Organization failed to make any payment within 7 days of a written notice from ZIM regarding such non-payment; or: (b) the Organization and/or the Registered User is in material or persistent breach of any provision of these myZIM terms and conditions and, if curable, fails to remedy such breach within 7 days of written notice, and (ii) Given a 14-day prior written notice. 
14.2 Termination of these myZIM terms and conditions or any part thereof shall automatically terminate the relevant part of these myZIM terms and conditions between ZIM and the Registered Users. 

15.    Conflict 
In case of conflict between these myZIM terms and conditions and other applicable terms and conditions, the following shall govern and supersede: 
(i)    The terms and conditions of the Bill of Lading or Sea Waybill.
(ii)    The terms and conditions of each Service.
(iii)    The terms and conditions of these myZIM terms and conditions.
(iv)    ZIM’s Terms of Use (see clause 4.3 above).

16.     Governing Law and Jurisdiction
These myZIM terms and conditions are governed and construed in accordance with the laws of the State of Israel and any action arising out of or relating to these myZIM terms and conditions shall be brought before and determined by the courts in the city of Haifa which shall have exclusive jurisdiction. Notwithstanding the above, ZIM shall have the right to bring a claim against the Organization and/or Registered Users before any other competent court, in which case the law of such court shall apply. 

17.    Miscellaneous
17.1    The Organization and/or Admin and / or Registered User may not assign or transfer any right or obligation under these myZIM terms and conditions to any third party without the prior consent of ZIM, except as required for the creation of additional Registered Users in myZIM by Admin. 
17.2    These myZIM terms and conditions constitute the entire agreement between ZIM and the Organization with respect to the use of myZIM, and it renders null and void any other agreement and/or understanding between the parties, whether written or oral, regarding such matter. No waiver of these myZIM terms and conditions shall be binding upon the parties unless and until put in writing and duly signed by the parties. 
17.3    ZIM makes modifications to these myZIM terms and conditions from time to time without prior notice. The Organization and/or Registered Users are advised to periodically check the terms of these myZIM terms and conditions as displayed on myZIM in order to review the current terms and guidelines. Further use of myZIM constitutes acceptance of such modifications. 
17.4    ZIM may provide notice in writing to the Organization and/or Registered User to the email address specified in myZIM,  as provided by the Registered User and/or Admin. Poof of 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 transmitted or received. Notices sent via myZIM shall be deemed to have been received when the notice is first available on myZIM for access by the Registered user. 
17.5    In the event any provision of these myZIM terms and conditions shall be deemed unenforceable, void or invalid, such provision shall be modified so as to make it valid and enforceable, and as so modified the entire myZIM terms and conditions shall remain in full force and effect. 
17.6    No failure or delay in exercising any right, power or privilege hereunder shall constitute a waiver thereof on the part of ZIM, nor shall any single or partial exercise preclude any other further exercise by ZIM of any right, power or privilege hereunder.