Terms of Use - NCI Freight & Logistics

Definitions
Use of nci.ky
nci.ky Login Registration
Changes to nci.ky
Termination of use
Ownership
Disclaimer of warranty
Limitation of Liability
Indemnity
Links to other web sites
Export
Controlling Law and Severability
Terms of Carriage
NCI Pre-Alert
Address Book
Courtesy Rate Quote
Customs & Border Control Forms
NCI Signature Proof of Delivery
NCI Tracking Updates
NCI Digital Waybill Delivery Service Manager

The following terms and conditions govern your use of www.nci.ky including all web add-in interfaces and online services. Your viewing or use of this site will constitute your agreement, on behalf of yourself and the entity you represent (hereinafter collectively "You" or "Your"), to all of the terms and conditions provided below.

NCI services ltd may make future changes or modifications to such terms and conditions at any time without notice, and your subsequent viewing or use of www.nci.ky will constitute your agreement to the changes and modifications. There may be additional terms and conditions provided throughout www.nci.ky governing your use of particular functions, features, information and applications available through www.nci.ky.

Section 1. Definitions

Content: information, graphics, products, features, functionality, services, and links on www.nci.ky.

You: Yourself and the entity that you represent

Section 2. Use of www.nci.ky

www.nci.ky is provided solely for the use of current and potential NCI customers to interact with NCI and may not be used by any other person or entity, or for any other purpose. Specifically, all shipping, tracking, receiving invoices and remitting payment using electronic funds transfer ("EFT"), estimating duties and taxes, and other information and services may only be used by current and potential NCI customers for their own shipments.

Section 3. www.nci.ky Login Registration

When a customer opens up on account from www.nci.ky, the registration will give Login access on www.nci.ky to NCI ACSA Ship Manager, NCI Digital Waybill, NCI Billing Online , and other online services on www.nci.ky. NCI may add other features that may be accessed through www.nci.ky Login. In such event, previously registered users will not be required to re-register.

When you register using www.nci.ky Login Registration, you will be provided with a user ID and password. You are responsible for maintaining the confidentiality of the password and user ID, and you are responsible for all activities that occur under Your password and user ID. You agree to (a) immediately notify NCI of any unauthorized use of Your user ID and password, and (b) ensure that You exit from Your www.nci.ky session at the end of each visit.

Section 4. Changes to www.nci.ky

www.nci.ky and its content, may be changed, deleted or updated at any time without notice.

Section 5. Termination of Use

NCI may discontinue, suspend or modify www.nci.ky at any time without notice, and NCI may block, terminate or suspend Your and any user's access to www.nci.ky at any time for any reason in its sole discretion, even if access continues to be allowed to others.

Section 6. Ownership

NCI does not convey to anyone, through allowing access to www.nci.ky, any ownership rights in www.nci.ky or in any Content appearing on or made available through www.nci.ky. Customer may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of www.nci.ky or its Content.

Section 7. Disclaimer of Warranty

www.nci.ky and its content are provided "As is". NCI disclaim any and all warranties, express or implied, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, regarding any such content and your abiliity or inability to use www.nci.ky and its content.

NCI expressly disclaims and excludes all warranties regarding www.nci.ky, NCI ACSA ship manager and the functioning of the internet whether express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. NCI does not warrant that ACSA ship manager will meet all of customer's requirements or that its operations will be uninterrupted or error free, or that any defect within ACSA ship manager will be corrected. furthermore, NCI does not warrant nor make any representation regarding the results of customer's use of ACSA ship manager NCI digital waybill in terms of capability, correctness, accuracy, reliability or otherwise. No oral or written information, representation or advice given by NCI or an authorized representative of NCI shall create a warranty.

Section 8. Limitation of Liability

Use of www.nci.ky and its content is at your sole risk. NCI will in no event be liable to you or any person or entity claiming through you for any direct, indirect, consequential, incidental or other damages under any theory of law for any errors in or the use of or inability to use www.nci.ky and its content including without limitation, damages for lost profits, business, data, or damage to any computer systems, even if you have advised NCI of the possibility of such damages.

Section 9. Indemnity

You agree to defend, indemnify and hold harmless NCI, its respective officers, directors, employees, agents and representatives from any and all claims (i) arising out of Your breach of any of these terms and conditions, and any of Your activities conducted in connection with this site.

Section 10. Links to other web sites

There are links on the www.nci.ky site that allow You to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by NCI. NCI makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites.

NCI has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.

Section 11. Export

You assume all responsibility for compliance with all laws and regulations of the Cayman Islands and any other country from which You may access www.nci.ky regarding access, use, export, re-export and import of any content appearing on or available through www.nci.ky.

Section 12. Controlling Law and Severability

This Agreement and Your use of www.nci.ky is governed by and construed in accordance with the laws of the Cayman Islands. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible.

Any cause of action with respect to www.nci.ky or this Agreement must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within the Cayman Islands. This Agreement may not be changed or modified without the written consent of NCI.

Section 13. Terms of Carriage

(i) Customer agrees that domestic and international carriage by NCI of any shipments tendered to NCI using ACSA or Digital Way Bill shall be in accordance with the terms, conditions and limitations of liability set out in any transportation agreement between Customer and NCI and which are incorporated into this Agreement by reference. Your use of ACSA and Digital Waybill shall not alter your responsibility for the preparation and accuracy of shipping documentation.

(ii) Customer will defend, indemnify and hold harmless NCI, its officers, directors, employees and agents from and against any and all losses, damages, claims and other items of cost and expense arising out of Customer's failure to apply the shipping terms to the Shipping Detail Template for such shipments, including without limitation claims from the recipient of any shipment, and customer's failure to follow NCI instructions in regard to the placement of the terms on the Shipping Detail Template or the provision of accurate documentation for such shipments.

(iii) Unless otherwise indicated, the shipper's address indicated on the face of any Shipping Instructions is the place of execution and the place of departure and the recipient's address listed on the face of the Shipping Detail Template is the place of destination.

Section 14. NCI PreAlert

NCI provides you with the opportunity, via ACSA, to use NCI PreAlert to send a message informing you of your shipment. NCI may modify or terminate the use of NCI PreAlert at any time.

Do not use NCI PreAlert for anything other than to communicate information about Your shipment. You may not use NCI PreAlert to disseminate inflammatory, infringing, obscene, or other unlawful information, or to threaten, harass, abuse or otherwise violate the legal rights of others or perform any act contrary to the law. If NCI sees or hears about messages sent via NCI PreAlert that violate these provisions, or that may damage NCI, it may take all actions necessary to protect itself, including disclosing any messages to the authorities.

It is not necessary to use NCI PreAlert to ship a package via Digital Waybill. NCI will not be liable for any failure or delay, for any reason, in the transmission, receipt, or acknowledgment of any messages sent by or to You.

Section 15. Address Book

Subject to the terms listed here, addresses will remain in Your Address Book as long as You use ACSA and Digital Waybill.

If You have any concerns, please email NCI at support@nci.ky The Address Book is a feature provided free of charge by NCI. NCI will not be responsible for the loss of addresses contained in the Address Book. NCI may modify or terminate this feature at any time for any reason.

Section 16. Rate Quote

The rate reflected by the calculator on NCI.ky or Digital Waybill if shown, may be different than the actual charges for Your shipment. Differences may occur based on actual weight, dimensions, and other factors.

Section 17. Customs & Border Control Forms

Customs & Border Control Forms are subject to copyright and are reproduced on www.nci.ky.

Section 18. NCI Tracking Signature Proof of Delivery

In addition to the www.nci.ky Terms of Use, the following terms and conditions govern your access and use of Signature Proof of Delivery. By accessing and using Signature Proof of Delivery, you acknowledge and agree that you are the shipper, the recipient, or third party payor, or are authorized to act on behalf of the shipper, recipient, or third party payor to retrieve the signature image for the shipment you are attempting to track. You warrant and agree, on behalf of yourself and all persons on whose behalf you are acting in accessing and using Signature Proof of Delivery, that you will not use the signature image for any purpose other than to confirm the delivery of such shipment. You further acknowledge and agree, on behalf of yourself and all persons on whose behalf you are acting in accessing and using Signature Proof of Delivery, (i) to defend (at NCI option), indemnify, and hold harmless NCI, its parent and its parent company's subsidiary companies (collectively "NCI" for purposes of this paragraph) from and against any and all claims of whatever nature arising from your access and use of Signature Proof of Delivery, and the receipt, use and emailing of any signature retrieved; (ii) that Signature Proof of Delivery is provided "AS IS" and you assume all risk of accessing and using Signature Proof of Delivery; (iii) that NCI disclaims any and all warranties or conditions of whatever nature, including the implied warranties or conditions of merchantability and fitness for a particular purpose in respect to signature proof of delivery; (iv) you will only email Signature Proof of Delivery to the shipper, recipient or third party payor of the shipment you are attempting to retrieve; (v) that under no circumstances shall NCI be liable for any money or other damages resulting from the access and use of Signature Proof of Delivery and that NCI hereby disclaims liability for any such damage; and, (vi) that your actions and shipments are further governed by, and you will comply with, the terms and conditions here in or transportation agreement.

Section 19. NCI Tracking Updates

In addition to the www.nci.ky Terms of Use, the following additional terms and conditions govern the access and use of this tracking update to request tracking information updates. NCI authorizes You to request Tracking Updates for a shipment for which You are the shipper, recipient or third-party payor and You agree to only request Tracking Updates for a shipment for which You are the shipper, recipient, or third-party payor subject to these Terms and Conditions. You acknowledge and agree that Tracking Updates are the private property of NCI, are provided to You free of charge and that any use of Tracking Updates information is at Your sole risk. Tracking Updates are provided "AS IS" and NCI disclaims all Warranties or conditions, Express or Implied.

Section 20. NCI Digital Waybill Delivery Service Manager

In order to facilitate delivery or release of a shipment, NCI may, at its sole discretion, offer certain delivery options and functionality to through NCI Digital Waybill Delivery Service Manager. As a condition for approval to register for and use NCI Digital Waybill Delivery Service Manager, users agree to these terms:

I. User represents and warrants that Recipient: resides at the address provided ; is authorized to receive shipments at the address; will only register for himself/herself; will only register nicknames that are associated with Recipient’s name and identity; is 18 years of age or older.

II. For each shipment, user represents and warrants that Recipient is authorized by the Shipper to use or request the NCI Digital Waybill Delivery Service Manager options and functionality available which may not be a feature available on www.nci.ky but by way of other support in support of functionality of www.nci.ky.

III. Recipient agrees to pay any fees associated with NCI Digital Waybill Delivery Service Manager options that are offered by NCI which may be different from fees charged to user.

IV. The contract governed by NCI Terms and Conditions shall always remain with the registered client, nothing in contract shall be construed to create a contract with the recipient or shipper if they are not the registered client of NCI. NCI Digital Waybill Delivery Service Manager options and functionality, including those offered for a fee to the Recipient, are governed solely by the terms in the NCI Digital Waybill Delivery Service Manager section of www.nci.ky.

V. In no event shall NCI, including, without limitation, agents, contractors, employees and affiliates, be liable for any damages, including but not limited to special, incidental or consequential damages, including, without limitation, loss of profits or income, whether or not NCI had knowledge that such damages might be incurred, from honoring, or our failure to honor, any request for delivery instructions, preferences, delivery suspension, routing instruction or other delivery request. Notwithstanding, a refund of the NCI service fee is the exclusive remedy in the event of NCI failure to honor the request for NCI to deliver.