Terms and Conditions

These BoxTech Terms and Conditions shall apply to the access to the Global Container Database available on the website edited by the Bureau International des Containers et du Transport Intermodal (hereinafter the “BIC”) and available at the following link: https://www.bic-boxtech.org/ (the “Website”).

1. Definitions

The terms and expressions which first letter is a capital one (used either as singular or plural) have the meaning defined in this article:

“Account” means the account that must be created in order to use the Website and access the Global Container Database;

“BIC Code” means the unique identifier provided by the BIC, in accordance with international standard ISO 6346;

“Subscriber” means either:
– an Owner or an Operator that has an Account on the Website that can access and upload Container Data on the Global Container Database;
– any user that has an Account on the Website that can only access Container Data on the Global Container Database.

“Container” means all freight containers covered by ISO and non-ISO standards as well as container accessories and container-carrying chassis;

“Container Data” means all the data that can be uploaded to the Global Container Database. These data are, in a non-exhaustive way: 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”. It also integrates any information relating to the existence of ownership interests and security interests in relation to the Containers;

“Global Container Database” means the database accessible from the Website, created by the BIC and containing all the Container Data;

“Owner” means the owner of one or more Containers;

“Operator” means the principal operator of one or more Containers that is not the Owner of the Containers, provided such person exercises, similarly as the actual Owner, an exclusive and total control over the Containers.

2. Scope

The BoxTech Terms and Conditions apply to any use of the Website by a Subscriber.

The Subscriber is required to accept the BoxTech Terms and Conditions by checking a box when creating an Account on the Website.

The BIC reserves the right to modify the BoxTech Terms and Conditions at any time.

The amended BoxTech Terms and Conditions shall become applicable to the Subscriber upon their acceptance.

The BIC reserves the right to deny the use of its Website to any Subscriber who would not accept the amended BoxTech Terms and Conditions.

3. Access to the Global Container Database

The Website enables the access to the Global Container Database.

Access to the Global Container Database requires the creation of an Account.

Access to the Website and the Global Container Database are provided free of charge, the Subscriber only requires access to the internet, provided at their own cost.

To access the Website and the Global Container Database, the Subscriber can use a modern internet browser or make use of the API to programmatically query the database from their system.

3.1 Creation of an Account
The creation of an Account requires Subscribers to complete the sign-up form that collects the following information:
(i) email address;
(ii) password;
(iii) first name;
(iv) last name;
(v) phone number;
(vi) company;
(vii) address;
(viii) activity.
The natural persons that fill out the form to create an Account warrants that they have the legal capacity and the necessary rights to create an Account, if applicable, on behalf of the company they represent and that they have been duly authorized to do so.

After the completion of the sign-up form, the Subscriber will then be granted user ID and password to access the Global Container Database.

The Subscriber is responsible for the use of its ID and passwords and shall ensure that they are not shared with non-authorised users.

The BIC is not responsible for any unauthorised access and/or use by any third party who independently gains access to the Subscriber’s Account.

The Subscriber will notify the BIC promptly of any unauthorised use or of any other breach of security occurring or of any vulnerabilities so that the BIC may take or recommend appropriate remedial measures.

4. Services

The BIC reserves the right to introduce new features to the Global Container Database at its own discretion.

4.1 Registration of Container Data in the Global Container Database

4.1.1 Upload of Container Data

Only an Owner or Operator Subscriber can upload Container Data to the Global Container Database.

The Owner or Operator shall upload files in the defined format to be provided by the BIC. The allowable Container details shall be indicated in the file template provided by the BIC, or by the published API specification for API Integrations.

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 or Operator represents that all the Container Data uploaded to the Global Container Database is provided in good faith and is accurate and up to date.

The Owner or Operator warrants that it has the right to upload Container Data and that the BIC has the right to display such information to the Global Container Database without any breach of the rights of third parties or applicable laws.

The Owner or Operator must provide regular fleet file updates to ensure the information in the Global Container Database is accuracy and up to date.

The BIC reserves the right to remove any of the Container Data if no updated files are received for a period of one (1) year.

The Owner or Operator acknowledges that the BIC may display a list of all the Subscribers that has uploaded Container Data, and that periodic announcements will be made to inform the shipping community of additional Subscribers that have made Container Data available on the Global Container Database.

4.1.2 Registration of messages relating to Containers as well as claims of ownership or control

The Global Container Database includes features allowing Owner or Operator 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 or Operator.

A “Notice of Sale” is a message 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 or Operator warrants that it held all the necessary rights to sell the Container in question.

An “Exception Alert” is any message related to any Container, whether or not the Container carries its BIC Code.

An “Exception Alert” can include a “Recovery Alert” that is claiming ownership or control of a Container that may not carry said BIC Code.

In the case of Exception Alert, Recovery Alert and other messages claiming ownership or control of a Container, the Owner or 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 or Operator shall assume all risks in relation to all information and messages uploaded and posted in the Global Container Database.

4.1.3 Information relating to ownership interests, security interests and lease interests

The Global Container Database includes, for owners participating in the Container Interest Register, information relating to ownership interests, security interests and lease interests in relation to the Containers.

The existence of an interest registered on a container in the Container Interest Register is only flagged (with a green flag). Subscribers do not have access to the details of these interests.

Registration and consulting of such information is governed by the Container Interest Register Terms and Conditions available at the following link: https://www.bic-boxtech.org/container-interest-register-terms-and-conditions/

4.2 Access to Container Data

Container Data is accessible to Subscribers by typing the operational number of the relevant Container.

Subscribers may also be allowed by the BIC to access the Container Data through an Application Programming Interface developed for the BIC (herein after the “API”) allowing integrated queries of Container Data using the operational number of the Container. The use of the API is governed by the API Terms of Use accessible via the following link: https://www.bic-code.org/api-terms-of-use/

5. Availability of the Website

The BIC makes its best efforts to ensure that the Website is accessible twenty-four hours a day (24h/24), seven days a week (7 d/7).

The BIC does not guarantee any continuity of access to the Website and reserves the right, without compensation, to temporary or permanently close access to the Website and/or to the Global Container Database, for maintenance purposes, at its own discretion. Except in case of emergency, the BIC will make reasonable efforts to give prior information to Subscribers before any closure of the Website.

The BIC may make any changes and improvements to the Website deemed necessary.

6. Owner or Operator’s undertakings

The Owner or Operator represents that all the Container Data uploaded from its Account is provided in good faith and contain the best available and up-to-date information in its records.

7. Warranties and liability

The BIC does not grant any warranty that is not expressly referred to in these BoxTech Terms and Conditions.

The BIC shall only be liable for direct and foreseeable damage within the meaning of Articles 1231-3 and 1231-4 of the French Civil Code caused by the BIC’s failure to fulfill its obligations under the BoxTech Terms and Conditions.

7.1 Use of the Website

The Subscriber uses the Website at its own risk. Under no circumstances will the BIC be held responsible for the use made of the Website by the Subscriber, nor for any damage that may result for the Subscriber or for third parties, in particular for any virus or malicious software that may be transmitted to the Subscriber.

In this respect, the Subscriber is informed that, due to the intrinsic characteristics of the Internet, data transmitted via the Website is not protected against the risks of detour and/or piracy, for which the BIC cannot be held responsible.

It is up to the Subscriber, if necessary, to take all appropriate measures to protect his/her computer and/or data, including the installation of adequate technical tools, such as, for example, antivirus, firewall, automatic cleaning tools, etc.

The BIC makes no warranty that the Website will meet the Subscriber’s requirements. The BIC makes no warranty regarding the advice, results or information obtained by the Subscriber on the Website.

In any case, the Subscriber acknowledges and accepts that the BIC cannot be held responsible in the event of misuse of his/her terminal or due to use of the Website that does not comply with the BoxTech Terms and Conditions.

The Website may refer the Subscriber to other websites published by third parties by means of hyperlinks. The BIC has no control over these sites and cannot be held responsible for their content. It is the Subscriber’s responsibility to read the general conditions, privacy policies, cookie policies and/or conditions of sale of these sites.

7.2 Information available on the Website

Subscribers are informed that the Global Container Database is not provided for by any conventional, legislative or regulatory provision, but is established by the BIC, a non-profit association, in order to help professionals in the Container sector within the framework of their activity.

The BIC makes the Global Container Database available to stakeholders in the Container industry, but does not guarantee the accuracy and veracity of the information recorded in the database, which depends on information directly transmitted by Subscribers.

Indeed, the BIC has no control over the accuracy or veracity of the information contained in the Global Container Database which is directly uploaded to it.

Under no circumstances will the BIC be liable for any inaccurate or erroneous information contained in the Global Container Database, regardless of whether such information has caused injury to a Subscriber or a third party.

It is the Subscriber’s responsibility to verify the information contained in the Global Container Database.

Subscribers acknowledge that Container characteristics provided by an Owner or Operator are generally those provided by the Container factory or classification society upon manufacture and that variations between the originally declared characteristics (including but not limited to the weight) and actual characteristics may occur, and that characteristics may change during the life of the Container.

Therefore, Subscribers acknowledge and agree that the Container Data uploaded to the Global Container Database may not reflect with the utmost accuracy the current characteristics of the Container.

8. Notification

In the event that the Subscriber identifies any inaccurate or erroneous information on the Global Container Database the Subscriber shall immediately notify the BIC of such information by sending an e-mail to the following address: [email protected]

The BIC will use its best efforts to update such information.

In the event that the information is found to be inaccurate, but updating it would require disproportionate effort or turn out to be impossible, the BIC will remove the information in question.

9. Intellectual property

The Subscriber acknowledges and accepts that the intellectual property rights of the Website, in its form, code and structure, as well as the content contained therein and the Global Container Database, are the exclusive property of the BIC, with the exception of those elements for which the BIC has obtained a license.

It is expressly forbidden for the Subscriber to reproduce, represent, adapt, exploit and extract any of the elements that make up the content of the Website without the express prior authorization of the BIC.

10. Personal data

The BIC undertakes to comply with the provisions of Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (the “GDPR”) and the French Data Protection Act as amended.

For more information on how the Subscriber’s personal data is processed by the BIC, the Subscriber is invited to read the Privacy Policy available at the following link: https://www.bic-boxtech.org/privacynotice/

If the Subscriber uses the information available on the Website or/and in the Global Container Database for its own purposes, it may collect personal data for its own purposes as a separate data controller and undertakes to comply with the above mentioned regulations.

11. Removal of the Global Container Database access

11.1 Removal by the BIC

The BIC may, without prejudice to any judicial damages, end the Subscriber’s access to the Global Container Database, by deleting its Account, with immediate effect in the event of failure by the Subscriber to fulfil any of its essential obligations under the BoxTech Terms and Conditions, if this failure has not been remedied by the Subscriber within thirty (30) days of notification of this failure by the BIC by registered mail or letter with acknowledgement of receipt.

For example, constitute breaches of an essential obligation under the BoxTech Terms and Conditions the followings:

(i) the Container Data uploaded to the Global Container Database by the Subscriber is not up to date or is inaccurate, fraudulent or insufficient;

(ii) the Container Data is used by the Subscriber for illicit purposes or to conduct an activity that is illegal whether or not this activity causes damages to the BIC or to a third party.

The BIC can also end the Subscriber’s access under the same conditions if the termination is requested by a decision of a judicial or administrative authority.

In any event, the BIC may suspend the Subscriber’s access to the Global Container Database during the aforementioned thirty (30)-day period before ending the Subscriber’s access permanently.

11.2 Removal by the Subscriber

Deletion of its Account may be requested by the Subscriber by sending a mail to [email protected]

The Subscriber shall be under no obligation to provide any justification.

The BIC will promptly confirm the deletion of the Account.

11.3 Consequences of the removal

The deletion of the Subscriber’s Account automatically results in the termination of the BoxTech Terms and Conditions. The Subscriber is no longer authorized to access the Global Container Database and to upload Container Data or access it.

12. Miscellaneous

12.1 Assignment

The Subscriber may not assign or delegate any rights or obligations under these BoxTech Terms and Conditions, including in connection with a change of control. Any purported assignment and delegation shall be ineffective.

12.2 Waiver

The fact that either party does not exercise any of its rights hereunder shall not constitute a renunciation by it of its exercise, such renunciation being subject only to an express declaration by the party concerned.

12.3 Independence

Nothing in these BoxTech Terms and Conditions shall be construed as creating an employer-employee relationship, processor-subprocessor relationship, a partnership, or a joint venture between the BIC and the Subscriber.

12.4 Validity

If one or more provisions of the BoxTech Terms and Conditions are considered invalid by a competent court, the other provisions shall retain their scope and effect.

The provision considered invalid shall be replaced by a provision whose meaning, and scope shall be as close as possible to the provision thus invalidated, while remaining in accordance with the applicable laws and the common intention of the parties.

12.5 Force majeure

Neither the Subscriber nor the BIC shall be held liable if the performance of its obligations is delayed, restricted or made impossible due to the occurrence of an event of Force Majeure as defined by article 1218 of the French Civil Code and by French case law.

In the event of the occurrence of a Force Majeure, the performance of the obligations of the Subscriber or the BIC shall be suspended. If the Force Majeure continues for more than one (1) month, the BoxTech Terms and Conditions may be terminated at the request of the most diligent party without any liability on the part of one party to the other. Each party shall bear the cost of all costs incumbent upon it as a result of the occurrence of Force Majeure.

13. Applicable Law and jurisdiction

The BoxTech Terms and Conditions are governed by French law.

The courts of Paris shall have exclusive jurisdiction over any dispute relating to or arising out of the BoxTech Terms and Conditions or the use of the Website.

Updated: 14 November 2023