Web Site Terms / Conditions of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Except as otherwise provided in a written agreement signed by Marken, these Website Terms and Conditions of Use (the “Terms and Conditions of Use”) represent the entire understanding between you, the user, and Marken and our affiliates (together, “Marken”) regarding your access to and use of www.marken.com, online.marken.com and any successor Website thereto (collectively, the “Website”) by you and those who act on your behalf.All references to “you” or “your” below refer to you and those who act on your behalf. These Terms of Use govern your use of the Website and all applications, software and services (collectively, “Services”) available on the Website. By accessing or using the Website, you and the entity you are authorized to represent signify your agreement to be bound by the Terms of Use set forth below.

User Eligibility

The Website and its Services are available only to individuals or entities who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website and its Services are not available to anyone under the age of legal majority. If you do not meet the qualifications set forth in this paragraph, you may not use the Website and its Services.

Website Changes and Updates

Marken may, in its sole and absolute discretion at any time and from time to time with or without notice and for any reason, change or update the Website and change, update or delete any content appearing or accessible on the Website or through it and add any content thereto, including without limitation information, graphics, service, products, features, functionality and links (collectively, the “Content”).

Privacy Policy

Marken Privacy Policy governs the use of information collected from or provided by you at the Website.

Disclaimer of Warranties

Marken provides the Website and its Services on an “as-is” basis. Marken makes no representations or warranties of any kind, express or implied, including without limitation those related to:

  • the operation of the Website;
  • the information, Content, materials, or Services included or described therein; and
  • any application or information submitted to us through the Website.

To the fullest extent permitted by applicable law, Marken disclaims all warranties, express or implied (including but not limited to implied warranties of merchantability and fitness for a particular purpose), regarding the Website, including without limitation warranties related to the operation of the Website, the information, Content, materials, and Services described therein, and any information or applications submitted through the Website.

Without limiting the foregoing, Marken does not warrant that the Website or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that the Website is free of viruses or other harmful components. Please take all appropriate safeguards before downloading information from these web pages.

Marken does not warrant or make any representations regarding the use of the materials on the Website or the Services described therein.

Limitation of Liability

In no event shall Marken be liable for any indirect, special, incidental, or consequential damages, including without limitation lost profits, loss of use, business interruption, or loss of data, or damage to any computer systems arising out of or relating to the Website, the operation of the Website, any application or information submitted to us through the Website, and/or the Services described therein, even if Marken is expressly advised of the possibility of such damages. Marken’s liability to you or any third party in any circumstance is limited to a maximum of $100.

Indemnity

You hereby release, and agree to indemnify and hold harmless Marken and their respective shareholders, directors, officers, employees, agents, independent contractors, representatives and attorneys from any and all claims, demands, causes of action, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, arising out of these Terms of Use or your use of or access to the Website and the Content.

Copyright

All site design, text, code, graphics, and interfaces, and the selection and arrangements thereof, on the Website are the property of Marken, or their content suppliers, and are protected by U.S. and other international copyright laws, © 2001, Marken ALL RIGHTS RESERVED. Prior permission to use, reproduce, or reprint any photograph, illustration, artwork, or other material on the Website must be obtained from the copyright owner, regardless of the intended use. Any unauthorized use of the materials appearing on the Website is in violation of copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

Trademarks

“Marken”, is the registered trademark and logo of Marken Limited, Marken SA and Marken Time Critical Express Limited. This may not be used in connection with any product or service other than those Services offered by the Marken group of companies, in any manner that is likely to cause confusion, or in any manner that disparages or discredits the Marken group of companies. All other trademarks appearing in the Content are the property of their respective owners.

Termination

These Terms of Use shall remain in force until terminated by Marken. Marken may terminate the Terms of Use, or suspend your access to all or part of the Site, without notice, for any conduct that Marken, in its sole discretion, believes is disruptive or is in violation of any applicable law or these Terms of Use. In the event of any such termination, the provisions regarding disclaimers, limitations of liabilities, intellectual property rights, choice of law, and venue set forth in these Terms of Use shall survive.

Ownership of Website & Content

The Website is owned by Marken and contains material that is derived in whole or in part from Marken and other sources. The Website and its Contents are protected by international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Website, including without limitation code or software, without Marken’s express written permission.

All rights in and to the Website and the Content are reserved. By allowing access to the Website, 

Marken is not conveying and does not convey to anyone any ownership rights in the Website or in any Content. You are only granted a limited license to reproduce the Content on your computer for the purpose of accessing the Website and using the features and services accessible thereon. You are also granted a license to print waybills and related shipping documentation and other information appearing on your computer screen in the course of using the features and services of the Website.

Links to Other Websites

The Website may contain links to other websites on the Internet that are owned and operated by someone other than Marken. Marken provides these links solely as a convenience. The appearance of a link does not imply Marken’s endorsement, nor is Marken responsible for the content of any linked website. Marken makes no representation or warranty or undertakes any obligation or liability concerning any information, products or services provided or made available on such websites or regarding the quality or acceptability of any persons or entities offering information, products or services, or otherwise referenced on any such websites. You access linked websites at your own risk.

Use of interactive features on this Website

For your convenience, Marken may provide interactive features on this Website, such as access to tracking and user comments. You are authorised to use these features solely for the purposes specified and for no other purposes.

Accuracy of this Website

These web pages may contain inadvertent inaccuracies or typographical errors. These will be corrected at Marken’s discretion, as they are found. The information on these web pages is updated regularly, but inaccuracies may remain or occur where changes occur between updates. The Internet is maintained independently at multiple sites around the world and some of the information accessed through these web pages may originate outside of Marken. Marken excludes any obligation or responsibility for this content.

Conditions of Carriage

The terms and conditions for using the carriage services of Marken set forth in the following (collectively, the “Standard Trading Conditions”):

(a) the Full Standard Trading Conditions of Marken, as amended periodically, which are hereby incorporated herein by this reference and made a part hereof,

(b) the waybill accompanying the respective shipment tendered for carriage to Marken, and

(c) the tariff of Marken that applies to where such shipment is tendered for carriage or the tariff otherwise agreed to by Marken and the shipper for such shipment, as amended periodically.

You may obtain a current copy of the Standard Trading Conditions from your local Marken branch. They may be amended at any time and from time to time with or without notice and for any reason. Your subsequent viewing or use of the Website, requesting carriage for a shipment, tendering a shipment for carriage, and/or signing of a waybill will constitute your agreement to such amendment. The then current version of the Full Standard Trading Conditions of Marken will control if there is any conflict with a waybill, tariff or any information, features or services provided on the Website. Nothing herein shall be deemed to be an agreement by Marken to provide any carriage services. It is understood that, notwithstanding anything set forth herein, any claims with respect to a shipment or otherwise arising under the Standard Trading Conditions shall be determined in accordance with the Standard Trading Conditions.

Accessibility

Throughout our business, we are committed to delivering the highest level of service to all our global customers however they choose to access our Services.

We are currently in the process of ensuring that all electronic information developed, procured, maintained or used by Marken is accessible to all people regardless of ability, background or technology.

As part of our phased accessibility strategy, the Marken Website has been updated and conforms to all Priority 1 checkpoints as outlined by the Web Accessibility Initiative (WAI), as well as many Priority Two checkpoints. Marken believes that accessibility is about the user experience, not simply about compliance.

To ensure that we deliver the best possible online service, we are currently testing our accessibility developments with a variety of user groups, assistive technologies and browser configurations. Only when we are sure that we are meeting the needs of our customers and employees will we launch the updates.

If you have any queries about this policy or any other aspect of our approach to accessibility, please email us at: info@marken.com.

Address Book

Subject to the terms listed here, addresses will remain in your Address Book as long as you use Marken Online Resource Centre. If you do not use Marken Online Resource Centre for a period of 1 year, Marken will delete your addresses.

The Address Book is a feature provided free of charge by Marken. You should maintain a back-up copy of your addresses as Marken will not be responsible for the loss of addresses contained in the Address Book. Marken may modify or terminate this feature at any time for any reason.

Notification of copyright infringement

If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, please contact us at info@marken.com.

Registration and password

You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify Marken of any unauthorized use of your user account, user ID or password.

Governing Law, Jurisdiction

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Website and your use of the services described therein.

You agree that any action at law or in equity arising out of or relating to these Terms of Use, the Website, and/or the Services described therein shall be filed exclusively in the courts of London, United Kingdom, and you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has accrued.

Advanced Features & Service Registration

Whilst you are not required to register with Marken to use the Website, you do need to do so to take advantage of some additional features such as advance notification of, or participation in, offers, surveys, service updates, online booking, track and trace and other information that may be of interest to you.

To register or use the Online Resources, you will select a password to accompany your User ID. You will also provide a list of your employees and agents authorized to access the Online Resource Centre on your behalf, which may be amended from time to time. Each of those authorized will also select a User ID and password. Your and their User IDs, with the respective passwords, will be associated with your account by Marken.

You are responsible for maintaining the confidentiality of said User IDs and passwords and for any and all activities and use of the Website by you or that occur through using said User IDs and passwords. Accordingly, you are required and hereby agree to immediately notify Marken of any unauthorized use of any User ID or password and to provide Marken with a current and complete list of those authorized to access the Online Resource Centre on your behalf.

Following registration, the user has membership for an indefinite period, or until either party terminates the agreement. The user can terminate his/her membership, with a 30 days leeway period before actual termination. Marken has the right to terminate a user membership at immediate notice. If any damage is incurred as a result of a user breaking his/her contract with us, then the user is responsible for paying for those damages. When registering, you will be required to impart some limited personal information about yourself (i.e. your name, telephone and email address) and demographic information (i.e. your company and business address). We use this information as well as other profile data gathered during Website usage to build a loose picture of your business interests and preferences so that we can both improve our service and offer you greater personalisation.

As a consequence, your personal information is only ever accessible by Marken. You are, of course, entitled to access, review and amend any information we keep on you at any time, however the current UK data protection legislation requires all data collectors to have effective security measures in place to ensure that no one can gain unauthorised access to any personal information. For this reason we may require proof of identity before we are able to disclose any information to you.

Marken may add features and services to the Website for use by Marken customers, or may change the existing features and services. Marken may make said additions and changes at any time and from time to time with or without notice and for any reason. Your subsequent viewing or use of the Website will constitute your agreement to said additions and changes.

We suggest that as part of your processes to maintain the security of all User IDs and passwords, you ensure that you and those acting on your behalf log out from the Website immediately after concluding each visit. You may wish to avoid saving any User ID or password on any computer used to access the Website, especially if it is outside a secure environment.

Amendments

Marken reserves the right, at any time and without notice, to modify, alter, update, or remove portions of these Terms of Use, so please check them from time to time as your continued use of the Website signifies your acceptance of any changed terms.
The Terms of Use were last updated on January 26th, 2010

Contact

If you have any questions regarding this Terms of Use, please contact info@marken.com and we will endeavour to respond to you promptly.

Marken & Web Accessibility

Throughout our business, we are committed to delivering the highest level of service to all our global customers however they choose to access our Services.We are currently in the process of ensuring that all electronic information developed, procured, maintained or used by Marken is accessible to all people regardless of ability, background or technology.

As part of our phased accessibility strategy, the Marken Website has been updated and conforms to all Priority 1 checkpoints as outlined by the Web Accessibility Initiative (WAI), as well as many Priority Two checkpoints. Marken believes that accessibility is about the user experience, not simply about compliance.

To ensure that we deliver the best possible online service, we are currently testing our accessibility developments with a variety of user groups, assistive technologies and browser configurations. Only when we are sure that we are meeting the needs of our customers and employees will we launch the updates.

If you have any queries about this policy or any other aspect of our approach to accessibility, please email us at: info@marken.com.