These terms apply to all parts of the website at myvisibilitytool.com (referred hereinafter as “MVT”, “Website”). MVT has been designed, developed and hosted by Metro Shipping (hereinafter referred to as “The Company"). MVT has been developed within the scope of The Company’s research activities and is offered with the present Terms of Use. You are asked to read these terms carefully and only use MVT if you completely agree and consent to these Terms. Moreover the user acknowledges and accepts that Metro operate under the BIFA STC.

The information presented in MVT has been compiled by The Company from internal and external sources. No representation is made or warranty given as to the completeness or accuracy of such information. In particular, you should be aware that this information may contain errors, be incomplete or may have become out of date. You should therefore verify information obtained from this Website before you act upon it by contacting your regular Company Contact.

The information contained in this Website has been prepared solely for information purposes and under no circumstances shall The Company, its agents or employees be liable for damages resulting from your access to, or inability to access, or from your reliance on any information provided in this Website.

This Website is offered to the User conditioned on acceptance by the User without modification of these Terms. By accessing and using this Website, the User is deemed to have agreed to all such Terms, Conditions, and notices.

User Account

A User is defined as a Person or Company that has been granted a username and password to log onto MVT. Whilst The Company is responsible for arranging usernames and passwords each User is responsible for maintaining the confidentiality of their password and should ensure that the Website is exited properly at the end of each session.

Each User is personally and solely responsible for accuracy and completeness of any materials input into MVT. Any inserted information is the responsibility of the individual/company and the User shall indemnify The Company against any losses, damages, claims or other liabilities suffered by The Company as a result of any actual or potential breach by the User of its obligations

The User must not use MVT to transmit or post any material which is defamatory, offensive, malicious, misleading or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety.

The User must not use MVT to attempt any unauthorised access to any part or component of the Website or that of any Third Party or Member to which you can connect via the Website (or other directly or otherwise connected network); agree not to bypass measures we may use now or in the future to prevent or restrict access to the Website or certain information contained therein.

The User may not replicate in any way any content appearing on the Website unless with The Company’s prior written agreement. The User may not create a border environment or browser around or otherwise frame any Content or create any impression that the Content is supplied or owned by any other party than The Company.

If any unauthorized use or breach of security, either potential or real, is noticed Metro Shipping must be notified via servicedesk@metroshipping.co.uk. The Company is under no circumstances liable for any loss or damages arising from your failure to comply with this term. The Company maintains the right to delete an account, if violation of any of these Terms is proved.

The User agrees that The Company may disclose to us, via MVT, business and technical information that The Company considers to be confidential, henceforth referred to as The Company’s confidential information. The Company’s Confidential Information includes all business and/or technical information disclosed to us including but not limited to MVT content and usability existing in any territory now or in the future, directly or indirectly, in writing, orally or which is viewed  but does not include information that:

(a) was already in the User’s possession prior to its receipt from The Company without restriction on its use or disclosure;

(b) is or becomes available to the general public through no act or fault of the User; or

(c) is rightfully disclosed to the User by a third party without restriction on its use or disclosure.

The User agrees that unless and until instructed in writing to the contrary by The Company, the User shall not either use any The Company’s confidential information except to conduct business with or on behalf of The Company or disclose such information to any third party.

The User shall take all necessary steps to protect The Company’s confidential information with at least the same degree of care that they use to protect their own confidential and proprietary information of like kind, but in no event less than reasonable care.

The User shall, at the request of The Company return or destroy any media containing any of Metro Shipping’s confidential information.

The User hereby accepts that this Agreement constitutes the entire agreement between the parties and supersedes all previous communications, representations and arrangements, either written or oral (other than fraudulent misrepresentation). The User acknowledges that no reliance is placed on any representation made outside of this agreement and not embodied herein. No terms or conditions other than those set forth herein shall be binding upon The Company unless in writing and signed on behalf of both myvisibilitytool.com and you.

The Company

The Company  will use all reasonable efforts to ensure that MVT  accurately reflects either relevant records held on Metro Shipping’s computer systems or information received from a party other than Metro Shipping, subject to  the  below paragraph.

MVT is provided for informative purposes only, and The Company makes no warranties, representations, guarantees or undertakings that any part of it is accurate, sufficient, error-free, complete or up-to-date at the time it is accessed. The User should make his own enquiries to satisfy himself of the accuracy and completeness of MVT before relying on it.

The Company reserves the right to change these Terms concerning the use of its Website with any updates being effective upon posting. The Company reserves the right to charge a fee for the usage of MVT subject to their sole discretion and without notice. The content, layout and organisation of the Website shall be subject to variation at the sole discretion of the Company.

The Company reserves the right to modify or discontinue all or part of, temporarily or permanently, the Website or the Service with or without notice to you and you confirm that the Company shall not be liable to you or any Third Party for any modification to or discontinuance of the Website or the Service.

Security

The User agrees to comply with any reasonable instructions The Company may issue from time to time regarding security of the Website.

The User must ensure that he does not compromise the security of the Website or systems or the security of The Company or any other users of the Website or any customers of Metro Shipping and its affiliates, associates or agents in any way.

Both the User and The Company shall each take all reasonable precautions to ensure that communications are not affected by computer viruses or other destructive or disruptive components, and to ensure no such components are transmitted to Metro Shipping, the Website or the User, or via the Website.

Intellectual Property Rights

Ownership of all copyrights, database rights, patents, trade or service marks, product names or design rights (whether registered or unregistered), trade secrets and confidential information and any similar rights existing in any territory now or in the future (“Intellectual Property Rights”) and similar rights and interests in all domain names, trade marks, logos or branding appearing on the Website or Content, or otherwise relating to the structure of the Website and any Services offered by The Company via the Website, shall vest in The Company or its licensors.

The User agrees not to improve, modify, or make derivatives (“Improvements”) of any MVT content, and if the User does they shall promptly notify The Company and The Company will own such Improvements. They user will assign and does hereby assign all our rights to such Improvements to The Company.

Limitation of Liability

Information, software, products and services published on this Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. In no event shall The Company, its subsidiaries, agents, employees and/or its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this web site or for any information, products and/or services obtained herein, whether based on contract, tort, strict liability or otherwise, even if The Company, its subsidiaries, agents, employees and/or its suppliers have been advised of the possibility of damages.

Indemnity

As a condition of use of this Website, User agrees to indemnify The Company, its subsidiaries, agents, employees and/or its suppliers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from User's use of this Website. Furthermore, the Company shall not be liable for any third party representations regarding MVT , such as those made by the user. The user therefore agrees to indemnify the company for any such representations made.

Third Party Content

The Website may contain links, references or information provided to The Company by a third party; such third party information includes but is not limited to ‘Additional Carrier Tracking Information’. The Company makes no warranties or representations whatsoever regarding any third party information The Company does not have any control over such information. The Company makes no representations as to the accuracy or any other aspect of the information provided by third parties.

Our website makes use of CargoSmarts Branded Big Schedules service, Click here to view details on their Cookie Policy.

Term and Termination

The company reserves the right to Suspend or discontinue its Service with immediate effect, as it sees fit and in circumstances including, but not limited to:

a.            where The User has performed a material breach of any term hereof

b.           where payments that are due have not been settled within the agreed credit terms.

Jurisdiction

Subject to any legislation, which includes regulations and directives which are compulsorily applicable to any business undertaken, all and any activities of the Service Provider for and/or on behalf of the Company in the course of business, whether gratuitous or not, are undertaken subject to the most recent edition of the British International Freight Association’s Standard Trading Conditions.

These terms and any disputes or claims arising out of, or in connection with, its subject matter is governed by English law and shall be subject to the exclusive jurisdiction of the English Courts.