Terms Of Use
Privacy Policy
Home | Terms Of Use
TERMS OF USE
REGIONAL CONTAINER LINES E-SERVICES USER TERMS
  1. Definitions

    "Additional Terms and Conditions" refers to the specific terms and conditions applicable to certain RCL E-Services, which take precedence over these User Terms in case of conflict.

    "Confidential Information" means all commercial or technical know-how, technology, information pertaining to business operations and strategies, and information pertaining to customers, pricing and marketing, disclosed by one party to the other under these User Terms.

    "Instruction" means any transmission, instruction, or request made by the User using the RCL E-Services.

    "Intellectual Property Rights" means all patents, rights to inventions, copyright and related rights, moral rights, trademarks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

    "RCL" refers to RCL Feeder Pte Ltd (Regional Container Lines), its agents and affiliates that provide the relevant RCL E-Services.

    "RCL Cookie Policy" refers to the document detailing how RCL uses cookies and similar technologies to collect and store information when users access RCL E-Services. The RCL Cookie Policy can be accessed at RCL Cookie Policy.

    "RCL E-Document" refers to any form of documents submitted and/or received via RCL E-Services, including but not limited to E-quotation, E-shipping instruction (E-SI), E-booking, E-bill of lading, contract of carriage, cargo receipt, E-invoice, E-payment transaction record of RCL's invoice, E-shipping certificate, and any form of documents related to RCL.

    "RCL E-Services" means the online services provided by RCL, including but not limited to E-quotation, E-booking confirmation, E-bill of lading, contract of carriage, cargo receipt, and E-Invoice.

    "RCL Intellectual Property Rights" refers to the Intellectual Property Rights subsisting in and arising out of or in connection with the RCL E-Services.

    "RCL Privacy Policy" refers to the document outlining how RCL collects, uses, discloses, and manages personal data of users. The RCL Privacy Policy can be accessed at RCL Privacy Policy.

    “Right of Control” means the right of a User using the RCL E-Services to give RCL Instructions in respect of any RCL E-Document.

    "User" means any individual or entity accessing or using the RCL E-Services.

    "User Terms" refers to these terms and conditions governing the use of the RCL E-Services.


  2. General use

    1. Use of and access to the RCL E-Services is subject to these User Terms as well as any additional instructions or terms issued by RCL from time to time, the RCL Privacy Policy and the RCL Cookie Policy available at https://www.rclgroup.com/PrivacyPolicy. By using or accessing the RCL E-Services, the User acknowledges and agrees that:

      1. use of or access to the RCL E-Service that concerns or relates to any form of bills of lading shall be subject to the RCL B/L Terms and Conditions at https://www.rclgroup.com/BillofLading.

      2. use of or access to the RCL E-Services that relate to bills of lading, quotation services and booking services are in each case subject to the relevant Additional Terms and Conditions and where the Additional Terms and Conditions conflict with these User Terms, the relevant provisions in the Additional Terms and Conditions shall take precedence (unless stated otherwise).

    2. Users shall not:

      1. permit any unauthorised party to use all or any part of the RCL E-Services;

      2. use the RCL E-Services in a way that breaches any relevant laws, infringes any third party’s rights, or breaches any applicable standards, content requirements or codes;

      3. post to, upload to, temporarily store on (if such facility is provided) or transmit through, the RCL E-Services 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;

      4. use the RCL E-Services for other purposes, including but not limited to tampering, gaining unauthorised access into or interfering with the RCL E-Services or any RCL system, server, information or communication system, or to obtain any such access in order to corrupt, alter, steal or destroy any such system or information within the RCL E-Services or any RCL system or to introduce viruses, malware, phishing, denial of service attack, SQL injection, zero-day exploit, DNS tunnelling, or any forms of hacking, modifying or otherwise compromise the security or functionality of the RCL E-Services or any RCL systems;

      5. use screen scraping or data scraping technologies to circumvent technical safeguards;

      6. disclose any passwords or login in credentials to unauthorised third parties or use them in an unauthorised manner;

      7. attempt to decrypt, disassemble, decompile, or reverse engineer any of the RCL E-Services or RCL software;

      8. reproduce, copy, or commercially exploit any content in the RCL E-Services without written consent from RCL; and

      9. gain unauthorised access to data or systems, scan for vulnerabilities, or bypass security protocols.

    3. Breach of this clause in any form, whether intentionally or not, shall constitute a material breach of the User Terms allowing RCL to immediately revoke access to the RCL E-Services without notice.


  3. User Responsibilities

    1. The User must register an account to use the RCL E-Services. RCL may in its sole discretion refuse to open any account for any reason.

    2. When creating an account the User agrees to:

      1. provide the account information as set out in this Video;

      2. create a username;

      3. create a strong password and maintain the security of the account by protecting the password and restricting unauthorised access;

      4. promptly notify RCL if the User discovers or suspects any security breaches relating to the User’s account or log in credentials; and

      5. accept full responsibility for all activity undertaken by or in relation to the User's account.

    3. All user accounts created by RCL for Users will be enabled with one-time password authentication by default. The User is to provide necessary information to RCL administrators or its affiliates as requested by RCL.

    4. The User warrants and confirms that all information provided by the User to RCL is true and accurate and that the User has not withheld any information that is relevant to the provision of the RCL E-Services to the User.

    5. The User must provide any information or documentation requested by RCL for the purposes of identity verification and the detection and prevention of money laundering, terrorist financing, fraud, or any other financial crime and the User permits RCL to keep a record of such information. This includes all information requested by RCL in order to satisfy Know Your Client (“KYC”) checks and to confirm that the User (if a company) is established according to applicable laws, rules, and regulations. This information will be held by RCL in accordance with applicable laws.

    6. The User must ensure that the information provided remains true and complete and is updated promptly when changed. If RCL reasonably believes that any information provided by the User is incorrect, false, outdated, or incomplete, RCL reserves the right to immediately suspend or terminate the User's access to the RCL E-Services.

    7. All User equipment and devices used to access RCL E-Services must be installed with anti-virus software with latest version. Users must ensure that latest patches and updates are applied.

    8. Users must inform RCL if they wish to close their account or if a User no longer has authority to access the RCL E-Services on behalf of a relevant entity.

    9. The User agrees not to disclose Confidential Information to any person whatsoever except to such of its employees or any other person directly employed or engaged by the User provided that such disclosure is made in strict confidence and only to the extent necessary to enable the User to discharge its duties and responsibilities under these User Terms and to use the RCL E-Services.

    10. The User agrees to comply with any reasonable instructions RCL may issue from time to time regarding the RCL E-Services.

    11. The User agrees that it shall implement, maintain and keep current appropriate security arrangements concerning its access to and use of the RCL E-Services and information stored on the User’s computer systems.

    12. The User shall notify RCL as soon as reasonably practicable upon becoming aware of any actual or attempted unauthorised access to or use of the RCL E-Services or any other circumstance that might be reasonably likely to compromise to the security of the RCL E-Services.

    13. The User warrants and confirms that all cargo information provided is accurate and truthful and the User shall not mis-declare any cargo, including dangerous goods (DG), and/or hazardous cargo, or engage in smuggling or illegal activities. In the event the cargo information provided by the User is inaccurate and/or untruthful and/or mis-declared and/or the cargo is illegal, howsoever arising, the User shall be held fully and solely liable and accountable without remedies, and the User shall indemnify and hold RCL harmless in respect of any liability, claims, suits, loss, damage or expense of whatsoever nature, including but not limited to fines or penalties as well as legal costs.


  4. RCL E-Services Transactions

    1. The RCL E-Services facilitates the conclusion of contracts with RCL, including RCL E-Document and any contracts formed are governed by the relevant all-carrier bill of lading, contract of carriage, and other relevant terms and conditions at https://www.rclgroup.com/BillofLading.

    2. RCL will treat any Instruction as properly authorised and legally binding upon the User. RCL shall be under no obligation to check the authenticity of the Instruction or the authority of the User transmitting it. The User shall be solely responsible for the validity of each instruction and any such authority required.

    3. RCL reserves the right to reject or suspend any Instruction where RCL has reason to believe that such Instruction has not been properly authorised, that the User has failed to comply these User Terms or the security of a User’s account has been compromised.

    4. The User is solely responsible for confirming the accuracy of all Instructions received by RCL, that all Instructions are transmitted correctly, and for ensuring that all Instructions achieve the User’s intended purpose. RCL shall not be liable for any delay or loss relating to such Instructions.

    5. RCL constantly scans its data transfers for computer viruses. However, it is not possible completely eliminate the risk of software owned or used by the User becoming infected by these data transfers. Therefore, should the User receive and store data that the User had requested from RCL, the User does so entirely at the User’s own risk. Specifically, RCL assumes no liability for data for which the User has failed to create backup copies at regular intervals.

    6. If the User requests the cancellation or modification of an Instruction, RCL will make reasonable endeavors to comply with the request. The User warrants and undertakes to indemnify and hold RCL harmless in respect of any liability, loss, damage or expense of whatsoever nature which RCL may sustain by reason of such cancellation or modification of an Instruction. Further, RCL shall not be liable if it is unable to cancel or modify the Instruction where it is not reasonably possible or feasible to do so.


  5. Intellectual Property Rights

    1. All RCL Intellectual Property Rights are and shall remain the exclusive property of RCL and/or its licensors (if applicable).

    2. The User is hereby granted a revocable, non-exclusive, non-sublicensable, non-transferable right to use the RCL Intellectual Property Rights for the sole purpose of accessing and using the RCL E-Services in accordance with these User Terms.

    3. The User shall ensure that all data and information uploaded to the RCL E-Services by the User does not infringe the Intellectual Property Rights or other rights of any third party and are not unlawful 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.


  6. Exclusion of Warranties

    1. The RCL E-Services are made available to the User at all times on an “as-is” basis with no warranty as to their availability or fitness for any particular purpose.

    2. RCL will use reasonable commercial efforts to make the RCL E-Services available to the User but RCL does not warrant that access to or use of the RCL E-Services will be uninterrupted or error-free.

    3. Access to the RCL E-Services may be suspended or withdrawn temporarily or permanently at any time and without prior notice. RCL may also impose restrictions on the length and manner of usage of any part of the RCL E-Services for any reason.

    4. Except as set out in these User Terms, RCL shall have no liability whatsoever for breach of any implied warranty, term or condition that might otherwise apply including (without limitation) in relation to the operation, quality or fitness for purpose of any of the RCL E-Services.


  7. Liability

    1. The liability of RCL, its affiliates, associates, and agents arising out of or in connection with these User Terms and/or any RCL E-Services shall not exceed USD 500 (United States Dollars five hundred) in the aggregate for any claim, or series of connected claims arising out of the same cause in any calendar year.

    2. The User is advised to obtain, at its own cost, insurance cover, particularly for any loss exceeding the limit set out in clause 7.1 above, if it considers it appropriate.

    3. The User shall indemnify and hold harmless RCL, 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), as well as all legal costs or other expenses, suffered by RCL, its affiliates, associates, and agents arising out of or in connection with any actual or potential breach by the User of these User Terms.

    4. Nothing in these User Terms shall exclude or limit liability for

      (i)   death or personal injury resulting from negligence or
      (ii)   fraud or fraudulent misrepresentation

      Any attempt to limit or exclude such liability shall be deemed void and unenforceable to the fullest extent permitted by law.

    5. Except as expressly outlined in these User Terms, RCL, its affiliates, associates, and agents shall bear no liability whatsoever regarding the RCL E-Services regardless of the circumstances under which such liability may arise (including, but not limited to, any implied warranty, condition, or term).

    6. Under no circumstances shall RCL be liable for any loss or damage incurred by the User (or any person claiming under or through the User), whether such losses are direct or indirect, immediate or consequential, and whether arising in contract, tort (including negligence), or any other basis whatsoever. This exclusion of liability specifically applies to any claims falling within any of the following categories:

      1. indirect or consequential losses;
      2. loss of profits;
      3. loss of anticipated savings;
      4. loss of business opportunity;
      5. loss of goodwill;
      6. loss or corruption of data; or
      7. wasted expenditure,
        8. even if RCL are advised of the possibility of such losses, damages or expenses.


  8. Termination and Suspension

    1. RCL may, at its discretion, terminate or suspend all or part of a User's access to or use of the RCL E-Services at any time.

    2. On termination of a User’s access to any RCL E-Services, the following clauses shall continue in force:

      1. clause 3.9;
      2. clause 5;
      3. clause 6;
      4. clause 7;
      5. clause 8.3;
      6. clause 9; and
      7. clause 10.

    3. Termination by RCL shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages for any breach of the User Terms that existed at or before the date of termination.


  9. General

    1. The User shall not assign, novate or transfer any or all of its rights and obligations under these User Terms.

    2. Severance

      1. If any provision or part-provision of these User Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the User Terms.

      2. If any provision or part-provision of these User Terms is deemed deleted under clause 9.2.1, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

    3. Waiver

      1. A waiver of any right or remedy under these User Terms or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

      2. A failure or delay by a party to exercise any right or remedy provided under these User Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these User Terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.

    4. These User Terms constitutes the entire agreement between the parties and supersedes and extinguishes all previous and contemporaneous agreements, promises, assurances and understandings between them, whether written or oral, relating to its subject matter.

    5. Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies for, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these User Terms.

    6. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these User Terms.

    7. These User Terms do not give rise to any rights to any third party to enforce these User Terms.


  10. Governing Law

    These User Terms are governed by and construed in accordance with Singapore law and any disputes arising shall be subject to the exclusive jurisdiction of the courts of Singapore.