By using this online booking tool you agree that you understand, accept and agree to the Business Transport Resources (BTR) Online Bookings Registration and User Agreement before supplying their company information.
If you do not accept the terms in the BTR Online Bookings Registration and User Agreement, BTR will not be able to register your details or provide access to its services.
BTR ONLINE BOOKINGS SYSTEM REGISTRATION AND USER AGREEMENT
The information you enter here will be stored on the database and used to speed the process when making future bookings. In addition your information will be used for providing management reports to ensure the efficient operation of this service.
1. Background. BTR has developed a proprietary business-to-business Online Booking System, which BTR uses to assist its clients in procuring surface transport services (the "Online Bookings System"). One aspect of the Online Bookings System is an Internet based product known as the BTR centralised global transportation solution (CGTS), which allows BTR's clients and potential suppliers of surface transport services to exchange information (the “Online Bookings System”). Subject to the terms and conditions of this Agreement the parties desire the User to have access to the Online Booking System.
2. Limited Use License. Subject to the terms and conditions of this Agreement, BTR grants to User a limited use, non-exclusive non-transferable, non-sub licensable license to access the portions of the Online Bookings System for which BTR issues User an active password, solely for the purpose of procuring services through the Online Bookings System. User shall be responsible for providing, at its expense, all communications lines, hardware, software, services and other materials and technology necessary for it to access the Online Bookings System. BTR shall have no responsibility for any failure of such items or any failure or limitation of the Internet or other computer hardware or software. User may not download, copy or otherwise use the Online Bookings System or any information available on the Online Bookings System, in whole or part, except as expressly permitted by this Agreement. User may not modify the Online Bookings System in any manner. User may not distribute, sublicense, assign or transfer any rights to use the Online Bookings System, either in whole or part, to any third party. User agrees that the source code relating to the Online Bookings System is confidential and proprietary to BTR and/or its licensors. Accordingly, User may not decompile, disassemble, reverse engineer or otherwise manipulate the Online Bookings System or other software so as to derive such source code.
3. Passwords. BTR will provide User with one or more user IDs and passwords to enable User to access certain portions of the Online Bookings System designated by BTR. User shall be responsible for the confidentiality and use of such user IDs and passwords. User shall immediately notify BTR if it becomes aware of any loss or theft of a password or any unauthorized use of a password, user ID, or of the Online Bookings System. User shall not use any password or other means to attempt to access portions of the Online Bookings System for which BTR has not issued User a password. BTR may de-activate any password at any time.
4.0 Confidentiality. 4.1 DEFINITION."CONFIDENTIAL INFORMATION" SHALL MEAN ANY CONFIDENTIAL OR OTHER PROPRIETARY INFORMATION SHARED BETWEEN BTR AND THE USER HEREUNDER, INCLUDING, BUT NOT LIMITED TO, BUSINESS PLANS, FINANCIAL REPORTS, PRICING AND OTHER BUSINESS INFORMATION, PRODUCT PLANS, SPECIFICATIONS, TRAINING MATERIALS, SOFTWARE DESIGNS AND CODE, USER NAMES, PASSWORDS, REQUESTS FOR QUOTATION, AND ANY RELATED INFORMATION, MATERIALS OR DOCUMENTS. CONFIDENTIAL INFORMATION SHALL NOT INCLUDE INFORMATION WHICH: (A) IS OR B ECOMES PUBLIC KNOWLEDGE WITHOUT ANY ACTION BY, OR INVOLVEMENT OF, EITHER PARTY; (B) IS RECEIVED BY EITHER PARTY FROM A THIRD PARTY THAT IS NOT UNDER A DUTY OF CONFIDENTIALITY; (C) IS INDEPENDENTLY DEVELOPED BY EITHER PARTY WITHOUT USE OF OR REFERENCE TO BTR CONFIDENTIAL INFORMATION; OR (D) IS RELEASED, IN WRITING, FROM CONFIDENTIAL TREATMENT BY BTR.
4.2 RESTRICTIONS ON USE. BOTH PARTIES AGREE (A) NOT TO DISCLOSE, DIRECTLY OR INDIRECTLY, TO ANY THIRD PARTY ANY PORTION OF THE CONFIDENTIAL INFORMATION WITHOUT THE PRIOR WRITTEN CONSENT OF THE OTHER PARTY; (B) TO TAKE REASONABLY NECESSARY PRECAUTIONS TO PROTECT THE CONFIDENTIALITY OF THE CONFIDENTIAL INFORMATION RECEIVED HEREUNDER AND EXERCISE AT LEAST THE SAME DEGREE OF CARE IN SAFEGUARDING THE CONFIDENTIAL INFORMATION AS THEY WOULD WITH THEIR OWN CONFIDENTIAL INFORMATION; AND (C) PROMPTLY ADVISE THE EFFECTED PARTY IN WRITING UPON LEARNING OF ANY UNAUTHORIZED USE OR DISCLOSURE OF THE CONFIDENTIAL INFORMATION.
5. Disclaimer of Warranties. THE BTR ONLINE BOOKINGS SYSTEM IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. BTR HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6. Limitation of Liability. IN NO EVENT SHALL BTR BE LIABLE, EXCEPT FOR WILLFUL ACTS, FOR ANY DAMAGES TO USER OR ANY OTHER PARTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES OR DAMAGES FOR LOST PROFITS OR LOSSES RESULTING FROM BUSINESS INTERRUPTION OR LOSS OF DATA, REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY UNDER WHICH THE LIABILITY MAY BE ASSERTED, EVEN IF ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.The above-mentioned limitation of liability, however, does not limit the liability of BTR in case of wilful misconduct or gross negligence of BTR.
7. Intellectual Property Rights. Except for limited use license expressly granted by this Agreement, BTR does not grant User any license, by implication or otherwise, to use, download, use, distribute or copy the BTR Online Bookings System or any subsequent version of the BTR Online Bookings System, or any license rights in any patent, copyright or other intellectual property rights owned by or licensed to BTR. BTR retains all rights not expressly granted to User in this Agreement. Notwithstanding anything to the contrary herein, BTR may also (i) use any information provided by the User to determine general price trends in various supply industries, create predictive analyses for estimating likely market prices and other general business purposes, provided that such use does not identify User by name, and (ii) disclose the information User has provided to a BTR client for the purchase or sale of any good or service.
8. Service Levels. The level and quality of service provided by BTR is outlined in its proposal document, one of which will have been provided to the User prior to the production of this agreement. BTR promises to always use best endeavours to ensure that all of a Users surface transport requirements are covered by BTR’s suppliers as per the Service Level Agreements they have with BTR, and where appropriate, the User.
9. Miscellaneous. This Agreement shall be governed by the laws of India. BTR and User consents to the exclusive jurisdiction and venue of such courts. If User breaches any term or condition of this Agreement, BTR may, in addition to any other remedies available at law or equity, deny User access to the Online Bookings System, and deny access to any other BTR sites. The parties agree that this Agreement is the complete and entire agreement of the parties with respect to the subject matter set forth herein and supersedes any proposal or prior agreement, oral or written, relating to the subject matter of this Agreement. Any waiver, modification, or amendment of any provision of this Agreement will be effective only if in writing and signed by BTR and User.
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