TERMS OF USE

5 September 2023

Use of this website constitutes your acceptance of these Terms of Use, which take effect immediately on your first use of the website.

i)Introduction – presentation of ITMA Asia and the Application 

All rights, including copyright and database rights, in the website of www.itmaasia.com and its contents, are owned by or licensed to ITMA Services n.v. (“ITMA”), or otherwise used by ITMA as permitted by applicable law. 

The purpose of these terms of use (the“Terms of Use”), is to set out the rights and obligations in relation to the ITMA website including all its’applications listed in the website (“Application”) and the use thereof, in order to ensure the integrity, security, reliability and privacy of the website, the Application and the Content (as defined below) available through the Application. 

ii)Applicability of the Terms of Use and right to modify

Upon acceptance of these Terms Of Use together with ITMA’s Privacy Notice (the “Privacy Notice”, available here), you, being the user of the Application (“you” and/or “user”), certify that you have read, understand and agree to be bound by the Terms of Use and the Privacy Notice, and that the Terms of Use and the Privacy Notice will form a binding agreement between you and ITMA. The Terms of Use and the Privacy Notice govern your access to and use of the Application, including all content (such as text, information) made available to you or by you through the Application. ITMA is willing to grant access to the Application only to those users who unconditionally accept these Terms of Use and the Privacy Notice, in the latest version.

ITMA reserves the right to change, modify, add, or delete all or portions of these Terms of Use at any time at its sole discretion. By continuing to use the Application, you agree to be bound by the updated version.

iii)User account – registration and security

When using the website and/or the Application, you agree to:

a.provide accurate, current and complete information about you as may be prompted by any registration forms on the Application (“Registration Data”); 

b.maintain the security of your password and identification; 

c.maintain and promptly update the Registration Data, and any other information you provide to ITMA, to keep it accurate, current and complete; and 

d.be fully responsible for all use of your account and for all actions that take place using your account, including the confidentiality of your account and password. You therefore represent and warrant that you will at no time communicate your identification or password to a third party unless duly authorized to do so by ITMA, and that you will not make password or credentials visible to the public in any manner whatsoever, and that you will not disclose any content or component of your account or information from ITMA to a third party. If you become aware of such knowledge or use by a third party, it is your responsibility to 

i.change your password and other needed credentials immediately, and 

ii.to promptly inform ITMA (preferably via e-mail). 

iv)Intellectual property rights 

All content on the Application (including trademarks, tradenames, designs, text, graphics, pictures, information, applications, software, sound and other files, and their selection and arrangements, collectively the “Content”) are the exclusive property of ITMA (or its licensors), unless otherwise indicated. You do not have the right to modify, copy, perform, distribute, frame, reproduce, download, display, transmit, or sell in any form or by any means, in whole or in part, of any of the Content without ITMA's prior written consent.

ITMA hereby grants you a limited license to access and use the Application and the Content solely for the following permitted use:

a)In accessing ITMA's web pages, you agree that you will access the content solely for your own private use and not for any commercial or public use. 

b)You can download and use the service on a single device at a time, and you can print out a single hard copy of any part of the content on the website for your personal use. 

c)You may not upload Content on any internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Content is strictly prohibited. 

d)You undertake not to copy, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of ITMA's website without the prior written permission of ITMA or in accordance with the Belgian copyright legislation (Company law, book XI, chapter 2, title 5, 2015)”.

The license is subject to these Terms of Use and any use of the website, Application or the Content other than as specifically authorized herein, without the prior written permission of ITMA, is strictly prohibited and will terminate the license granted. This license is revocable at any time without notice, at ITMA's sole discretion.

v)User conduct 

a.Use of this website and/or Application constitutes your acceptance of these Terms of Use, which take effect immediately on your first use of the website or Application. ITMA reserves the right to change these Terms of Use at any time by posting changes online.

b.You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of this website and/or the Application after changes are posted constitutes your acceptance of this agreement as modified by the posted changes.

c.You are responsible for all activity occurring through your account and you represent that you shall abide by all applicable legislation in connection with the use of the website and/or the Application, including those related to data privacy and intellectual property. In the event that you suspect a breach of security, including without limitation any unauthorized access of your account, you are required to notify ITMA (itmadata@itma.com) as soon as possible.

d.You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the website and/or the Application will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights.

e.Where you are invited to submit any contribution to this website or the Application (including without limitation any text, graphics, video or audio) you are required by such submission to grant ITMA a perpetual, royalty-free, non-exclusive, sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content, consistent with privacy restrictions set forth in ITMA's Privacy Notice. If you do not wish to grant such rights to ITMA, it is suggested that you do not submit your contribution to this website or the Application. By submitting your contribution to this website or the Application, you also: 

i.Warrant that such contribution is your own original work and that you have the right to make it available to ITMA for all the purposes specified above; 

ii.Indemnify ITMA against including but not limited to all legal fees, damages and other expenses that may be incurred by a result of your breach of the above warranty; and

iii.Agree to waive any moral rights in your contribution for the purposes of its submission to and publication on ITMA website and/or the Application and the other purposes specified above. 

If there is any conflict between these Terms of Use and/or specific terms appearing elsewhere on this website or the Application relating to specific material then the latter shall prevail.

vi)Data protection

The Privacy Notice of ITMA shall be applicable when downloading and using the Application. The Privacy Notice explains ITMA's policies for the collection, use, and disclosure of your personal data. This Privacy Notice applies in combination with these Terms of Use and can be read here. 

vii)Liability

a.This website or the Application and the information, names, images, pictures, logos and icons regarding or relating to ITMA, its products and services (or to third party products and services), is provided "AS IS" without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. 

b.In no event will ITMA be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other action, arising out of or in connection with the use of the website or the Application. ITMA does not warrant that the functions contained in the material contained in this website or the Application will be uninterrupted or error free, that defects will be corrected, or that this website or the Application or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the materials. The names, images and logos identifying ITMA or third parties and their products and services are proprietary marks of ITMA /or third parties. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under any trademark or patent of ITMA or any other third party.

viii)General provisions 

If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction which that Term of Use is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable. Any invalid provisions shall be replaced by provisions which come as close as possible to the objective intended by the parties.

ITMA reserves the rights to amend and update this Terms of Use from time to time to ensure that the is up to date. 

ix)Applicable law and jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of Belgium. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of Belgium.

If these Terms of Use are not accepted in full, you do not have permission to access the contents of this website and/or the Application and therefore should cease using this website and/or the Application immediately.

ITMA Services n.v. (0635.769.771)

BluePoint Building, August Reyerslaan 80, B-1030 Brussels, Belgium