← Click here to go back to previous page
Terms and Conditions – CDS Website
On this page, you will find a standard version of the CDS Website Terms and Conditions. Please note that different terms and conditions may apply in certain countries.
The Terms and Conditions of use of the CDS Website are as follows:
The copyright in this publication is owned by CDS Freight Holding Limited.
Authorization to Reproduce
Any person may reproduce any portion of the material in these web pages subject to the following conditions:
• The material may be used for information and non-commercial purposes only
• It may not be modified in any way
• No unauthorized copy is made of any CDS trademark
• Any copy of any portion of the material must include the following copyright notice:
Copyright © 2011 CDS Freight Holding Limited. All Rights Reserved.
‘CDS’ CDS group, registered in at least one jurisdiction. No license to use any of these trademarks is given or implied. These trademarks may not be copied, downloaded, reproduced, used, modified or distributed in any way (except as an integral part of an authorized copy of material appearing in these web pages, as set forth in the previous section paragraph) without prior written permission.
Other Trademarks and Trade names
All other trademarks or trade names referred to in these materials are the property of their respective owners.
CDS wants your feedback and appreciates your ideas and suggestions but is unable to answer every comment individually. CDS will be free to use and act on any information you submit.
Use of interactive features on this site
For your convenience, CDS may provide interactive features on this site, such as access to tracking and user comments. You are authorized to use these features solely for the purposes specified and for no other purposes.
Accuracy of this site
These web pages may contain inadvertent inaccuracies or typographical errors. These will be corrected at CDS’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 CDS. CDS excludes any obligation or responsibility for this content.
CDS makes all reasonable attempts to exclude viruses from these web pages, but it cannot ensure this exclusion and no liability is accepted for viruses. Please take all appropriate safeguards before downloading information from these web pages.
Disclaimer of Warranties
The services, the content and the information on this website are provided on an "as is" basis. CDS, to the fullest extent permitted by law, disclaims all warranties, whether express, implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties rights and fitness for a particular purpose. CDS, its affiliates and licensors make no representations or warranties about the accuracy, completeness, security or timeliness of the services, content or information provided on or through the CDS web site or systems. No information obtained via the CDS systems or website shall create any warranty not expressly stated by CDS in these terms and conditions.
Some jurisdictions do not allow limitations of implied warranties, so the limitations and exclusions in this section may not apply to you. If you are dealing as a consumer, these provisions do not affect your statutory rights that cannot be waived, if any. You agree and acknowledge that the limitations and exclusions of liability and warranty provided in these terms and conditions are fair and reasonable.
Limitation of Liability
To the extent permitted by law, in no event shall CDS, its affiliates or licensors or any third parties mentioned at the CDS website be liable for any incidental, indirect, exemplary, punitive and consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the CDS website and CDS systems, services, content or information whether based on warranty, contract, tort, delict, or any other legal theory, and whether or not CDS is advised of the possibility of such damages. Without limiting the foregoing, to the extent permitted by applicable law, you agree that in no event shall CDS's total liability for any damages (direct or otherwise) or loss regardless of the form of action or claim, whether in contract, tort or otherwise, exceed HKD 100.00 . To the extent permitted by law, the remedies stated for you in these terms and conditions are exclusive and are limited to those expressly provided for in these terms and conditions.
Products and Services
Unless otherwise agreed in writing, the transportation products and services mentioned in these web pages are subject to CDS’s Terms and Conditions of carriage. Since these may vary depending on location of the country of origin of the shipment, please contact the nearest CDS service center to obtain a copy of the local terms and conditions. Not all of CDS’s products and services may be available in every country.
Disclosure of Information
All information provided to CDS by visitors to these web pages is considered to be confidential and will not be disclosed by CDS to any third party except as may be required for the provision of the services.
CDS is committed to preserving the privacy of users of our websites. Any information about you that we collect is used purely to improve the services we offer to you, and to make our website's content and services easier to use and more appropriate to you. We may use this information, with your permission, to contact you with information about updates to our website or other marketing information. CDS has never shared any information obtained on or from its websites with any other organization, and will not do so in future, unless required by law. Nor will we sell information obtained on this site to any party or parties external to CDS and its subsidiaries.
Certain areas of the CDS websites require registration or a password for access. Information obtained from users of these areas may also be used for CDS’s marketing purposes. CDS provides a right of access and rectification of personal data under the applicable legislation.
Certain shipment data will be provided to the authorities of the country of transit or destination for customs and tax clearance or for security screening, as required by the laws of such country. The information provided would usually include: shipper name and address, receiver name and address, description of the goods, number of pieces, weight and value of shipment.
CDS TRACKER Terms and Conditions
ELECTRONIC END USER LICENSE AGREEMENT FOR CDS TRACKER
IMPORTANT NOTICE: THIS ELECTRONIC END USER LICENSE AGREEMENT ("AGREEMENT") FOR CDS TRACKER IS A LEGAL AGREEMENT BETWEEN YOU, THE CUSTOMER/SHIPPER ("You" OR "Your") AND CDS FREIGHT HOLDING LIMITED ("CDS").
YOU SHOULD PRINT AND READ THE ENTIRE AGREEMENT AND IF YOU DESIRE TO PROCEED, CLICK "AGREE" AT THE END OF THIS AGREEMENT. IF YOU DO NOT DESIRE TO PROCEED, CLICK "DO NOT AGREE" AT THE END OF THIS AGREEMENT. BY CLICKING "AGREE" ACCESSING OR OTHERWISE USING THE CDS TRACKER AS DESCRIBED BELOW, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CDS IS UNWILLING TO GRANT ACCESS TO CDS TRACKER AND, YOU MAY NOT USE ANY PART OF CDS TRACKER.
The information, services and products provided on this Site by CDS Freight Holding Limited and its subsidiaries or affiliated companies (collectively "CDS") are subject to the following terms and conditions:
1) CDS grants You a non-exclusive, non-transferable, non-sublicensable and non-assignable license to use CDS TRACKER during the term of this Agreement, subject to any license restrictions contained in this Agreement. All rights not expressly granted to You are reserved by CDS.
2) CDS TRACKER is owned by CDS, and its structure, organization and code are valuable trade secrets of CDS and are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties, and You agree not to alter any copyright notices on CDS TRACKER.
Any recommendations, ideas, modifications, configurations, improvements, contributions, corrections, enhancements, or the like relating to CDS TRACKER that are submitted by You to CDS, and which may or may not be incorporated into CDS TRACKER or any other software, in whole or in part, shall be the sole property of CDS, and the same, together with any copyrights, trade secrets, patent rights and other intellectual property rights thereto will be, and hereby are, assigned to CDS.
This Agreement does not grant You any rights in connection with any trademarks or service marks of CDS or its suppliers.
3) You acknowledge and agree that CDS TRACKER and all related technical data constitute information proprietary to CDS. You will take no actions of any kind inconsistent with CDS’s rights, including without limitation, the duplication, adaptation, translation or imitation of CDS TRACKER or its components in whole or in part, and derivation of the software source code by reverse engineering, disassembling or decompiling.
4) You acknowledge that You may have access from time to time to CDS’s and other third party networks via use of CDS TRACKER, and with regard to such access, You agree not to (i) probe CDS’s or third party hosts or networks without prior written permission, (ii) breach the security of a host, network component or authentication system, (iii) monitor data on CDS’s or third party networks or systems without prior written permission, (iv) originate malformed data or network traffic that results in damage to, or disruption of, a service or network connected device, (v) forge data with the intent to misrepresent the origination user or source, or (vi) access, reproduce, or transmit any information not belonging to You. In the event that you access any information or document in error You agree to promptly notify CDS and delete any such information or documents received or downloaded from CDS TRACKER.
5) Each of CDS and You have incorporated in this Agreement our entire understanding as to the subject matter herein. No modification of any term or condition contained herein shall be effective unless the same is in writing and executed by both You and CDS.
6) CDS LICENSES CDS TRACKER TO YOU “AS IS” AND EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CDS MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CDS TRACKER, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH CDS TRACKER, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH CDS TRACKER OR THAT THE PRODUCTS WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
USE OF CDS TRACKER IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF CDS TRACKER IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF CDS TRACKER. THE ENTIRE RISK ARISING OUT OF USE OF CDS TRACKER REMAINS WITH YOU.
7) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CDS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THIS AGREEMENT OR IN CONNECTION WITH THE USE OF CDS TRACKER, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF CDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8) Also, the information contained on this Site is periodically updated. CDS reserves the right at any time and without notice to make modifications, improvements and/or changes to the information, these conditions, names, images, pictures, logo's and icons or the products and services referred to on this Site. As the Internet is maintained independently at thousands of sites around the world, the information, names, images, pictures, logo's and icons that may be accessed through this Site may originate outside the boundaries of the Site. Therefore, CDS excludes any obligation or responsibility regarding any content derived, obtained, accessed within, through or outside the Site.
9) Whilst CDS makes all reasonable attempts to exclude viruses from this Site, it cannot ensure such exclusion and no liability is accepted for viruses. Thus, you are recommended to take all appropriate safeguards before downloading information from this Site.
10) You agree to neither disturb the normal operation of this Site nor infringe the integrity of this Site by hacking, altering the information contained in this Site, prevent or limit access to this Site to other users, or otherwise.
11) This Agreement will be governed by the laws of Hong Kong Special Administrative Region (“HKSAR”) excluding the application of its conflicts of law rules, and each party hereto hereby submits to the exclusive jurisdiction of the court of competent jurisdiction in the HKSAR. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded hereby. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This agreement shall automatically terminate upon failure by You to comply with its terms.
You are responsible for complying with the laws of the jurisdiction from which you are accessing this Site and you agree that you will not access or use the information on this Site in violation of such laws. Unless expressly stated otherwise herein, any information submitted by you through this Site shall be deemed non-confidential and non-proprietary. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so.
12) Any legal action or proceeding relating to this Site shall be governed by the laws of The Hong Kong SAR. If you attempt to bring any legal proceedings against CDS TRACKER you specifically acknowledge that CDS is free to choose the jurisdiction of our preference as to where such action against us may be held.
13) You acknowledge that if CDS TRACKER, or any material portion thereof, is held by a court of competent jurisdiction to infringe, or if CDS believes that CDS TRACKER may be subject to a claim for infringement of any patent, copyright, trademark or trade secret of any third party, CDS shall in its sole reasonable judgment and at its expense (a) replace or modify CDS TRACKER provided by CDS so as to be non infringing; or (b) obtain for You a license to continue using CDS TRACKER software; or (c) if noninfringing software or a license to use the software cannot be obtained upon commercially reasonable terms, CDS may terminate this agreement and require You to stop using CDS TRACKER. This section states CDS’s entire liability and Your sole and exclusive remedy for any claim of intellectual property infringement by, or with respect to, CDS TRACKER.
14) You acknowledge that CDS is not assuming any responsibility as a record keeper for You under the customs laws of any country by making certain documents and information available through CDS TRACKER. You further acknowledge that You retain responsibility for complying with all applicable customs and import-export laws, including but not limited to importer of record and other recordkeeping requirements, and that You are not relying on the documents and information available through CDS TRACKER to fulfill such requirements.
15) All services CDS provides to You are governed by CDS’s standard terms and conditions, including but not limited to the terms and conditions contained on CDS’s waybills, or bills of lading terms and conditions as adopted by CDS (copies of which may be found at CDS’s website), unless You and the CDS entity providing the service have expressly agreed otherwise in separate written agreement.
16) CDS hereby expressly reserves its right to revise and amend these terms and conditions at its absolute discretion without prior notice.
By clicking the “Agree”, You are acknowledging that You have read and understood the entire Agreement and are entering into, and agreeing to be bound by all of the terms of the above Agreement. You understand that if You do not accept the above Agreement in its entirety without modification, then You should click “Do not agree” and discontinue using CDS TRACKER.
↑ Click here to go back to top