This website (hereinafter referred to as “SwiftNav website”) is operated by MSC Mediterranean Shipping Company S.A (hereinafter referred to as “SwiftNav or “we”). SwiftNav is registered in Switzerland and its address is at 12-14 Chemin Rieu 1208 Geneva, Switzerland. Please, read these Terms of Use carefully before you start to use the SwiftNav website. By accessing the SwiftNav website, you indicate that you accept these Terms of Use in every respect and without reservation and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using the SwiftNav website.
We reserve the right to restrict, suspend or terminate your access to the SwiftNav website, and suspend or amend all or any part of the service provided on the SwiftNav website without notice. We will not be liable if for any reason the SwiftNav website is unavailable at any time or for any period. SwiftNav does not assure users of the safety of the SwiftNav website. Users are strongly recommended to have their own regularly updated precautions in place, such as anti-virus and malware softwarethat meet minimum current standards for internet users.
Prohibited uses include but are not limited to:
• Any act that would constitute a breach of an applicable local, national or international law and regulation;
• Knowingly transmitting any data, sending or uploading any material containing viruses or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
• Accessing without authority, interfere with, damage or disrupt:
- any part of the SwiftNav website;
- any equipment or network on which the SwiftNav website is stored;
- any software used in the provision of the SwiftNav website; or
- any equipment or network or software owned or used by any third party.
SwiftNav or any of its directors, employees or agents shall have no responsibility or liability for any direct, incidental, consequential, indirect, special or other damages, costs, losses or liabilities whatsoever and howsoever arising from:
• Your access to, use, inability to use or change in content of the SwiftNav website
• Reliance on any information or materials contained on the SwiftNav website
• Computer viruses that may affect your computer equipment or other property by reason of your use of, access to or downloading of any material from SwiftNav website.
The total liability of SwiftNav, its directors, employees or agents to the user and any person acting on the user’s behalf, howsoever arising out of or in connection with the Terms of Use and/or the SwiftNav website, services or content (including if arising from act, neglect or default) shall, in aggregate, in respect of any claim, or series of connected claims arising out of the same cause in any calendar year not exceed USD 500 (United States Dollars Five Hundred).
Where we offer any interactive service, the data these services provide is only for guidance. No warranty is made as to the accuracy of the information provided. Some interactive services are limited to those users who have a SwiftNav bill of lading, a container number or a booking number. Please note that reasonable efforts have been made to ensure that the service content is accurate and up-to-date, however all information is given without any guarantee or representation as to its accuracy and under no circumstances whatsoever shall SwiftNav be liable for any direct, incidental, consequential, indirect, special or other damages, costs, losses or liabilities arising from reliance on any of the information or materials contained on the SwiftNav website.
Your right to use this interactive service is strictly limited to tracking containers shipped by SwiftNav in which you have an interest and you shall use the service information and content in compliance with the rules settled by this Terms and Conditions. The SwiftNav Tracking application may not work for users that hide or anonymize their identity or location. SwiftNav reserves the right to slow or stop entire access to SwiftNav Track and Trace data by automated processes, without prior notice.
SwiftNav website may contain links to other websites owned by third parties. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of these websites. We do not assume any responsibility or liability for the actions, product, and content of any of such websites. Before you use any third party website, you should review the applicable terms of use and policies for such website.
We, or the applicable third party owner, retains all right, title and interest (including copyrights, trademarks, patents as well as any other intellectual property or other right) in all information and content (including but not limited to text, data, images, graphics and logos) on the SwiftNav website. You shall not copy, download, reproduce, distribute, transmit or otherwise use any of the information and content on the SwiftNav website unless for your own personal, non-commercial use or unless you have obtained prior express written permission to do so from SwiftNav.
Nothing in these Terms of Use shall be construed as transferring any right, title or interest in the SwiftNav website or its content to you or anyone else.
Status of the SwiftNav website Terms of Use;
This Terms of Use shall not affect, or form part of, the terms of any contract of carriage with MSC or any of its agents. Certain web pages or areas on the SwiftNav website may be subject to additional terms and conditions.
The contents of the SwiftNav website are governed by and shall be construed in accordance with the law of England & Wales. Any dispute arising out of or in connection with the contents of the SwiftNav website or the use of any information or materials contained on the website shall be subject to the exclusive jurisdiction of the High Court of Justice in London. SwiftNav shall, however, at its sole discretion, have the option to pursue any user who has or may breach these Terms of Use in any jurisdiction that SwiftNav considers appropriate in the circumstance of the case.
We may revise the Terms of Use of the SwiftNav website at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. The Terms of Use published on the SwiftNav website are kept up to date.
These Terms of Use supersede all previous agreements, communications, representations and discussions between the parties relating to the website. No party will have the right of action against SwiftNav arising from any previous agreement, communication, representation and discussion in respect of the SwiftNav website.