Terms and Conditions
Terms & Conditions for BoxTech
The use of BoxTech, created and managed by Bureau International des Containers et du Transport Intermodal (the “BIC”), an association subject to the law dated 1 July 1901, whose registered office is located 41 rue Reaumur, 75003 Paris – France, is subject to the present terms and conditions (the “T&Cs”).
The term “Subscriber” designates a legal entity allowed by the BIC to upload Container Data (as defined below) to BoxTech and/or access BoxTech under the T&Cs. The Subscriber is the legal entity identified as the “Company” on the sign-up form. The person who completes the sign-up form warrants that he/she has the right to upload the Data and/or have access to it on behalf of the Subscriber and is aware that, by doing so, he/she engages the Subscriber under the T&Cs.
There are two Subscriber types:
– a “Regular” subscriber which has no data upload rights and may only access Data on BoxTech.
– an “Owner/Operator” Subscriber which is allowed to access Data on BoxTech as well as to upload Data to BoxTech.
In these T&Cs, the term “Subscriber” refers to all Subscribers (including Owners/Operators) and the term “Owner/Operator” refers specifically to Owners/Operators Subscribers.
The term “Owner/Operator” designates an owner or principal operator of Containers. An entity accepts the terms and conditions related to Owners/Operators when uploading Data.
The term “Container” encompasses freight containers operated under the International Convention for Safe Containers and conforming to the specifications set forth in ISO standards (ISO 668 and ISO 6346), as well as accessories and road chassis used to haul containers.
The BIC reserves the right to modify the T&Cs at any time. The modified T&Cs shall become applicable to the Subscriber upon their acceptance.
Except with the written agreement of the BIC, the T&Cs prevail over any contrary provisions issued by the Subscriber under its own terms and conditions.
1.1. Registration of Data
Each Owner/Operator may decide to upload Container data such as Container’s operational number, tare weight, size and type, maximum gross mass, payload, stacking mass, manufacturer ID number and/or other details or messages such as “Notice of Sale”, “Recovery Alerts”, “Exception Alerts” (as defined below) or any other Container information, including information related to ownership and/or the current operator of a Container (“Data”), in a specific database maintained by the BIC, BoxTech.
The Owner/Operator shall upload files in a defined format to be provided by the BIC. The allowable container details shall be indicated in the file template provided by the BIC. The BIC may impose minimum data field requirements, e.g. tare weight, size and type and maximum gross mass, for files to be accepted. The BIC reserves the right to change these requirements at any time.
The Owner/Operator represents that all the Data uploaded on BoxTech are provided in good faith and contain the best information available in its records. Subscribers acknowledge that container characteristics provided by Owners/Operators are generally those provided to the Owner/Operator by the Container factory or classification society upon manufacture and that a) variations between the originally declared characteristics (including but not limited to the weight) and actual characteristics may occur, and b) characteristics may change during the life of the Container. Therefore, Subscribers acknowledge and agree that the Data uploaded on BoxTech by the Owner/Operator may not reflect with the utmost accuracy the current characteristics of the Container and the Owner/Operator accepts no responsibility whatsoever for any discrepancies.
The Owner/Operator further warrants that it has the right to upload the Data and that the BIC has the right to display such information in BoxTech, without any breach of the rights of third parties or applicable laws. The Owner/Operator accepts full responsibility for Container Data uploaded by said Owner/Operator, and acknowledges that the BIC, in making this data available on BoxTech, accepts no responsibility whatsoever for the Data.
To upload Data, the Owner/Operator must be a registered owner/operator of ISO-6346 compliant containers.
Following the upload by the Owner/Operator of the Data in the specified format, the BIC shall display the Data on BoxTech website accessible through the following url: www.bic-boxtech.org (the “Website”). The Owner/Operator must provide regular fleet file updates to ensure BoxTech remains current. The BIC reserves the right to remove the Data if no updated files are received for a period of one (1) year.
Subscriber agrees that the BIC may display a list of Subscribers, and that periodic announcements will be made to inform the shipping community of additional Owners/Operators that have made Data available on BoxTech.
1.2. Registration of messages relating to Containers as well as claims of ownership or control
BoxTech includes features allowing Owners/Operators to flag Containers with messages including but not limited to “Notice of Sale”, “Exception Alert”, “Recovery Alert” or any message related to ownership and/or control of a Container. Any Subscriber can see the message(s) posted by the Owner/Operator.
A “Notice of Sale” is a message posted by the Owner/Operator stating that the Container has been sold and that its operational ID number is therefore no longer valid with the seller’s BIC Code. In such a case, the Owner/Operator represents and warrants that it held all the necessary rights to sell the Container in question.
An “Exception Alert” is any message posted by any Owner/Operator related to any Container, whether or not the Container carries the Owner/Operator’s BIC Code. An “Exception Alert” can include a “Recovery Alert”.
A “Recovery Alert” is a message posted by the Owner/Operator claiming ownership or control of a Container that may not carry said Owner/Operator’s BIC Code.
In the case of Exception Alert, Recovery Alert and other messages claiming ownership or control of a Container, the Owner/Operator represents and warrants that it has the legal right to claim ownership or control of the Container in question and takes responsibility for the accuracy of such claim.
In any case, the Owner/Operator shall assume all risks in relation to all information and messages posted in BoxTech, including information and messages that may become possible to upload in future versions of BoxTech. The BIC reserves the right to introduce new features to BoxTech at any time.
1.3. Access to Data
Subscribers may obtain access to BoxTech by completing the sign-up form. Subscribers will then be granted a user ID and password to access the Data on BoxTech.
Data may only be accessed by Subscribers by typing the operational number of the relevant Container. Subscribers may also be allowed by the BIC to access the Data through an Application Programming Interface developed for the BIC (the “API”) allowing integrated queries of Data using the operational number of the Container. The BIC does not guarantee any compatibility of the Website with the API and shall be free to modify at any time BoxTech environment and specification, without any liability towards Subscribers in case these modifications render BoxTech incompatible with the API and/or require additional development works for the Subscribers.
The BIC does not guarantee any continuity of access to the Website or BoxTech and reserves the right to close access to the Website and/or BoxTech, for maintenance purposes, at its discretion. Except in case of emergency, the BIC will make reasonable efforts to give prior information to Subscribers before any closure of the Website and/or BoxTech.
2. Formation and termination of the Agreement
The agreement is formed by the acceptance of the T&Cs. Clicking “Accept” Terms & Conditions on the sign-up form implies perfect knowledge and acceptance of the T&Cs on behalf of the Subscriber (the “Agreement”).
The BIC reserves the right to terminate the Agreement forthwith, without such notice of termination triggering any obligation to indemnify the Subscriber and without prejudice to its rights to damages, especially if it seems that the Data uploaded by the Owner/Operator are inaccurate, fraudulent or insufficient, the Data were used by the Subscriber for illicit purposes or to exercise an activity that is illegal or damages to the BIC or third parties, the Subscriber is acknowledged guilty of illicit or criminal action by a judicial decision or if such termination is required by a judicial decision.
The Agreement may also be immediately terminated upon written notification of the Subscriber, who shall be under no obligation to provide any justification.
The termination of the Agreement in accordance with the terms of this article shall have the following consequences:
– For the Owner/Operator, to terminate (i) the possibility to upload any Data in BoxTech and (ii) the display of the Data on BoxTech.
– For all Subscribers, to terminate any right to access BoxTech. However, notwithstanding the termination of the Agreement, any Subscribers’ obligation under the T&Cs which is expressed by its terms to survive or have effect after termination of the Agreement shall survive. Such obligations include, without limitation, those provided for in articles 3, 4 and 5.
3.1. Subscriber’s obligations
The Subscriber will be given all applicable user ID passwords to use in connection with BoxTech and will ensure that each one of its employees/consultants is given their own individual user ID and password, which may not be shared with another individual or legal entity for any reason.
The Subscriber will be responsible for changing such passwords immediately upon first use of BoxTech and is entirely responsible for maintaining the confidentiality of such passwords and of its accounts (including, if applicable, the passwords and accounts of each of the Subscriber’s employees accessing BoxTech by means of an account established by the Subscriber). The Subscriber is responsible for all access to and use of BoxTech through its passwords.
3.2. Unauthorised access
The BIC is not responsible for any unauthorised access and/or use by any third party who independently gains access to the Subscriber’s instance of BoxTech and/or related information.
The Subscriber will notify the BIC promptly of any unauthorised use of any user accounts or of any other breach of security occurring as a result of any activities of any of the Subscriber’s end-users or of any vulnerabilities that the Subscriber believes are contained in or caused by BoxTech so that the BIC may take or recommend appropriate remedial measures.
The BIC will have no liability for any loss or damage arising from the Subscriber’s failure to comply with the provisions of this article.
3.3. Anti-virus software
The BIC and the Subscribers agree (i) to maintain and update an industry standard anti-virus program within their respective computer systems and (ii) to use commercially reasonable efforts to check attachments to e-mail messages that a party receives before saving such attachments to their respective organization’s hard drives or servers.
Subscribers authorised to access BoxTech through an API shall be fully responsible for any damage caused to BoxTech or the BIC’s IT system because of any viruses, Trojan horse, logical bomb, worm or any other code or instruction affecting a program, software, data, file, data base, computer or other equipment or element of the BIC because of the connexion between the BIC’s IT systems and the Subscriber’s IT Systems through the API.
The BIC shall incur no liability whatsoever with respect to:
– the nature, accuracy, completeness or legality of the Data uploaded by the Owner/Operator,
– the legality of claims of ownership and/or control (current or prior) in case of Exception Alert, Recovery Alert and other messages claiming ownership or control of a Container,
– the authorisations held by the Owner/Operator to sell the Container in case of “Notice of Sale”,
– other Container information uploaded by the Owner/Operator, including information made possible in future BoxTech releases,
– the personal, financial and legal situation of the Owner/Operator, especially with respect to its solvency, its activities and the actual existence or the activities of the Containers which it pretends to own or operate,
– any operations, including sale and lease, concerning a Container for which Data has been uploaded in BoxTech,
– the use by Subscribers or any third parties of the Data,
– any damages that would result directly or indirectly from the use of the Data by the Subscriber or its subsidiaries/employees/consultants/trading partners.
The Owner/Operator shall indemnify the BIC against any damages the BIC may suffer because of any breach by the Owner/Operator of any of the representations made in articles 1.1 or 1.2, including third parties’ claims. The Owner/Operator further agrees to indemnify the BIC for any claims made against the BIC in relation to the nature, completeness or legality of Data uploaded by said Owner/Operator.
In any case, the BIC’s liability towards a Subscriber may not exceed one thousand euro (€ 1,000).
The BIC shall not incur any liability for any special, incidental, consequential, indirect, exemplary, or punitive damages or liabilities for any cause whatsoever arising out of or relating to the Agreement, nor for any damages for lost profit, lost revenue, loss of use, loss of goodwill, loss of reputation, loss of data, regulatory fines, costs of recreating lost data, the cost of any substitute equipment, software program, or data, regardless of whether the possibility of such damages or liabilities was communicated to the BIC and regardless of whether the BIC had or gained knowledge of the existence of such damages or liabilities.
5. Intellectual property/ personal data
5.1. Intellectual property
The BIC shall make no claim of ownership of Data uploaded to BoxTech.
The Subscriber acknowledges that (i) the BIC took the initiative and the risk of the investment allowing the creation of BoxTech, (ii) the constitution, verification and presentation of BoxTech results from a substantial investment of the BIC and (iii) the BIC is the sole producer of BoxTech.
The Subscriber undertakes not to undertake any extraction or reuse of a substantial part of BoxTech for any other reason than for its own needs without the prior written agreement of the BIC.
5.2. License over the API
In case a Subscriber is allowed to use the API, such Subscriber shall receive a world-wide, limited, non-exclusive, non-transferable licence, without any right to sub-license, to use the API, for the duration of the Agreement and solely for its internal business purposes. Use of the API shall be limited to the employees or consultants of the Subscriber for whom the BIC has granted a user ID and a password in accordance with the terms of article 3.1. The BIC reserves the right to limit the number and type of allowable queries per user and per day to ensure system stability.
5.3. Personal data
Privacy and the protection of personal data are very important for the BIC. The BIC may collect personal data, such as for instance name and e-mail address, from Subscribers concerning their employees or consultants. These data will be used by the BIC, as data controller, solely for the purpose of the management of the client relationship with the Subscriber (invoicing, renewal request…) and the management of BoxTech and BIC will provide the necessary information to the Subscribers’ employees upon their first log-in on the Website.
The French version of the T&Cs shall prevail over any other version.
7. Applicable Law
The execution, interpretation, performance, termination or cancellation of the Agreement shall be subject to French law.
Any dispute related to the Agreement, and especially its execution, its interpretation, its performance and its termination or cancellation and their consequences, shall be subject to the exclusive jurisdiction of the Tribunal de Commerce having jurisdiction over the BIC’s registered office.