TERMS AND CONDITIONS FOR EGYTRANS E-SERVICES AND EGYTRANS ALERTING SERVICE
Egytrans E-Services and Egytrans Alerting Service
Please read these Terms and Conditions carefully before access and use of Egytrans E-Services and Alerting Service which are subject to these Terms and Conditions. By accessing this Site or any pages thereof, the user irrevocably and unconditionally agrees to be bound by the Terms and Conditions set herein.
If you do not agree with these Terms and Conditions, please do not attempt to access this Site or any pages thereof.
In order to signify your agreement to the Terms and Conditions, please press the “I Agree” button and if you do not agree, press the “I Disagree” button and you will be taken automatically back to the Egytrans home page.
1.1. “Terms and Conditions/Agreement” means these present terms and conditions and as amended/modified by Egytrans from time to time.
1.2. “Egytrans” means Egyptian Transport and Commercial Services Co. S.A.E. Egypt
1.3.. “I/We/Us/Customer(s)/Client(s)” means the customer of Egytrans accessing and/or using Egytrans E-Services.
1.4. “Egytrans E-Services/Services” means Egytrans internet transport/freight forwarding? services available and provided on this Site and the “E-Services” /”Services” means the transport/freight forwarding services available through Egytrans E-Services from time to time which enable the Customer to obtain information and/or to carry out certain? operations/services pertaining/relating to the transport/freight forwarding services through an electronic device linked to Egytrans E-Services.
1.5. The term USERNAME AND PASSWORD refers to the password that the Customer chooses to be used only on Egytrans E-Services. The Customer shall have the right, from time to time, to change the USERNAME AND PASSWORD. Egytrans shall have the right at any time in its sole discretion to change the method of access to Egytrans E-Services/Egytrans Alerting Service.
1.6. “Service(s)” means the ……………….,
1.7. “Site” means this Egytrans Egypt website www.www.haozicai.com as amended and modified from time to time by Egytrans.
2. Customer’s Acceptance
2.1. In consideration of Egytrans making available the Services through Egytrans E-Services, I acknowledge, accept and understand the following:
- By accessing and/or using Egytrans E-Services, I have accepted and agreed to be bound by the Terms and Conditions herein stated.
? ? ?2.2.1. I irrevocably and unconditionally accept as binding any Service availed and/or operation and/or instruction made or given through Egytrans E-Services at my own risk and responsibility. Egytrans records of any operation processed through Egytrans? E-Services shall constitute binding and conclusive evidence of such operation for all purposes.
? ? 2.2.2. I further acknowledge that any Services accessed or utilized through Egytrans E-Services shall be subject to Egytrans terms and conditions as applicable, including but not limited to any fees, expenses or charges relevant thereto.
3. Customer’s Absolute Responsibility for Security
3.1. I will be responsible to keep confidential my USERNAME AND PASSWORD and the same will not be disclosed to any other person and I will safeguard it from being divulged and/or being used by any other person(s).
3.2. I will immediately inform Egytrans by calling at ……………….. if I discover or suspect that the USERNAME AND PASSWORD or any part thereof is known to someone.
3.3. I will not allow any other person to operate Egytrans E-Services on my behalf and I will not leave my computer unattended during the time when I am on line with Egytrans E-Services. Neither will I access Egytrans E-Services from a computer connected to a local area network (LAN) or from a computer in any public place including internet café or from a computer with multiple access without ensuring that no one else is able to observe or copy my access or obtain access to Egytrans E-Services.
3.4. I will solely be responsible to comply with any other measures and requirements, which Egytrans may advise from time to time.
4. Access and Use of Egytrans E-Services:
In using Egytrans E-Services I confirm the following:
4.1. That I will only use Egytrans E-Services on a computer or other Internet access device which I own. I further confirm that I will not access and use Egytrans E-Services on a computer or any other Internet access device which belongs to any other person or which is owned and provided to me by my employer without such person’s, as the case may be, or my employer’s previous written permission. Egytrans will not be responsible for any loss, damage or harm caused to any person as a result of my not complying with this condition.
4.2. That Egytrans will not be responsible if I am unable to gain access and/or use Egytrans E-Services due to reasons beyond its control, including without limitation, any internet, computer, and telecommunication, electrical, technical or network failure/malfunction.
4.3. Egytrans will, on best effort basis, make available Egytrans E-Services for use. However, I accept that the routine maintenance requirements, excess demand on the system and reasons beyond control of Egytrans may cause disruptions in availability of this facility.
4.4. I agree that in relation to Egytrans E-Services, Egytrans will be entitled to:
? ? 4.4.1. change the mode of operation;
? ? 4.4.2. add or remove or otherwise change the Services/facilities provided under this site;
? ? 4.4.3. close down Egytrans E-Services temporarily or permanently.
4.5. I will be responsible, at my own cost and expense, to ensure that my computer or any other device through which I access Egytrans E-Services is compatible with the service system used by Egytrans. Egytrans will not be responsible for any loss, damage or harm arising due to non-compatibility between Egytrans systems and the computer or other device from which I access Egytrans E-Services.
4.6. I will be responsible to keep the computer or other devices, to be used to access and use Egytrans E-Services safe and free from any computer virus or any malicious programs/software and ensure that they are adequately protected against acquiring such viruses or malicious programs/software.
4.7. I am aware and agree that Internet communications are not secure unless the data is being sent in an encrypted form. I also agree that Egytrans will not under any circumstances be responsible for unauthorized access and use by a third party and/or corruption of data being sent through Egytrans E-Services.
Further, I will acquaint myself with the process/method of using facilities available on the Site and Egytrans will not be responsible for any errors made by myself and/or other co-Business/Operations holders.
4.8. Egytrans E-Services is intended to be used by the Customer in Egypt and in case I access and use Egytrans E-Services from a foreign country or outside Egypt, I will be responsible to comply with laws and regulations of the same country/territory including without limitation obtaining any license required for use, import/export of the software/program used for/to that country or for any taxes or dues or levis or similar impositions which may be applicable for performing such activities in any country.
4.9. I will be responsible for all claims, actions, damages or losses incurred by my Internet service provider in relation to my accessing and using Egytrans E-Services.
?5. Customer’s Instructions for Services
5.1. Any instructions given to Egytrans through use of Egytrans E-Services and by using my USERNAME AND PASSWORD shall be deemed to be given by me and Egytrans will be entitled to consider and assume that the referred instructions are genuinely given by me and I will protect Egytrans for acting on such instructions. Egytrans will be entitled to act on my instructions without any further written or other confirmation from me, even if those instructions have not been actually given or authorized by me. I understand that Egytrans is only providing me a facility (without obligation) of carrying out my operations in relation to my transport of goods activity.
5.2. I will be fully responsible for any instructions given to Egytrans in relation to the Services available on Egytrans E-Services and Egytrans will not be liable in any manner for any unauthorized, fraudulent, or erroneous instruction.
5.3. I agree that Egytrans may, at its sole discretion, refuse to carry out any instructions if Egytrans has reason(s) (in which the decision of Egytrans will be final on me) to believe that the instructions are illegal.
5.4. I understand and agree that Egytrans, at its discretion, with notice to me, may withdraw the Services at any time. Egytrans will not acknowledge receipt of any instruction given by me nor shall it be responsible to verify any instructions. Egytrans will endeavor to give effect to instructions on a best effort basis.
5.5? I understand that no written advice or confirmation will be made and issued by Egytrans for any operation conducted on Egytrans E-Services.
5.6. I agree that Egytrans will not be liable in any manner for, including but not limited to, the following:
? ? 5.6.1. any failure to act upon any instructions or to provide the Services for any reason that are beyond Egytrans’s control;
? ? 5.6.2. acting in good faith on any instructions received by Egytrans;
? ? 5.6.3. any error, default, delay or inability of Egytrans to act on all or any of the instructions given through Egytrans E-Services;
? ? 5.6.4. loss of any instructions given by me through Egytrans E-Services;
? ? 5.6.5. Unauthorized access by any other person to any instructions given by me through Egytrans E-Services;
? ? 5.6.6. for any loss or damage that may arise or be incurred directly or indirectly by reason of Egytrans carrying out my instructions and/or from any malfunction or failure of Egytrans E-Services.
? ? 5.6.7. for any change, alteration, additions or deletions to these Terms and Conditions, the services, the systems of operation of Egytrans E-Services, or the daily cut-off times.
5.7. Any information given by me will be correct and Egytrans will be entitled, without any obligation, to review or monitor such information for security, administration or any other purpose. Such information will be the property of Egytrans.
5.8. Any instructions submitted through Egytrans E-Services will not be effected if operation of? Egytrans E-Services is suspended or comes to an end due to any reason.
6. Execution of Instructions/Operation
6.1. The instructions I give on Egytrans E-Services cannot be reversed or modified without Egytrans’s approval.
Egytrans will not responsible for, including but not limited to, the following:
? ? 6.1.1. to reverse or modify an instruction given through Egytrans E-Services;
? ? 6.1.2. to accept an instruction which is conditional.
6.2. Egytrans, at its sole discretion, will be entitled to refuse to carry out an instruction submitted through Egytrans E-Services or may require me to provide written confirmation of such instructions.
6.3. Egytrans will act on instructions in accordance with its Business Terms and Conditions as notified through Egytrans E-Services or in absence of such notice as per the normal Forwarding/Transport Business practices.
6.4. Egytrans will not be liable for any act or omission of any of its agents, sub-contractors or correspondents or for any error or delay in performing the services or complying with the instructions. The Customer agrees to indemnify and hold Egytrans harmless against all losses, damages and expenses incurred by Egytrans in relation to any services rendered/made by Egytrans on my instructions.
6.10. if any document of title/Transport or likewise is issued by Egytrans pursuant to my instructions is lost, stolen or destroyed, I will indemnify Egytrans and agree to hold it free and harmless from all liability with respect to the lost, stolen or destroyed document. Egytrans is not obliged to issue a replacement document? or refund any amounts settled pursuant to the issuance of such document.
6.11. If any authority is submitted through Egytrans E-Services, Egytrans may act upon such authority/instructions and may presume that the same are genuine and accurately represent the wishes of the Customer, even if the instructions are actually compiled or sent in error or by fraud or negligence or altered or amended by someone other than the Customer with or without the actual knowledge or instructions of the Customer. Egytrans has no duty to verify the facts and genuineness of the instructions.
6.12. I agree to hold harmless and indemnify Egytrans against any loss, cost, damage, expense, liability or proceedings which Egytrans may incur or suffer as a result of Egytrans acting upon or delaying to act upon or refraining from acting upon the said instructions.
8. Liability for Loss Damage
8.1. Subject to the Terms and Conditions and without prejudice to rights of Egytrans hereunder, Egytrans will take reasonably practicable steps to ensure that its systems in connection with Egytrans E-Services are adequately secure and to manage and control the risks in operating the systems, taking into Business/Operations relevant laws regulations and good practice prevailing in the Freight Forwarding industry.
8.2. Egytrans will not be liable for any loss or damage of whatsoever nature, whether direct or indirect or consequential, to me including my successors, executors and administrators and any other person with interest in my business/operation(s), as a result of making Egytrans E-Services available to me and such loss or damage may include without limitation the following:
? ? ?8.2.1. acting on an instruction which has been validity authenticated as submitted by me but which in fact was given fraudulently or mistakenly by a third person/party(ies);
? ? ?8.2.2. Egytrans E-Services being totally or partly unavailable for any reason;
? ? ?8.2.3. execution of my instruction delayed or not being acted upon by Egytrans;
? ? ?8.2.4. my reliance on the information provided and available on? Egytrans E-Services;
? ? ?8.2.5. any access by a third party to information about my business/operation(s) (except where the access is obtained due to gross negligence or willful default of Egytrans whereupon Egytrans will only be liable for direct loss or damage to me which in the ordinary course of events might reasonably be expected to result from such access).
8.3. I will indemnify Egytrans, its employees, agents, representatives and nominees on a full indemnity basis from and against all actions, claims, proceedings, demands, losses, damages, harms (including direct, indirect or consequential) costs, expenses, charges, taxes, penalties and legal costs and any other liabilities of whatsoever nature which Egytrans may incur or suffer by reason of my accessing and/or using Egytrans E-Services.
8.4. I understand and agree that all obligations under these Terms and Conditions are the sole responsibility of Egytrans subject to laws of Egypt and no other operation of Egytrans inside and/or outside Egypt, affiliate, subsidiaries or associated undertaking of Egytrans shall be responsible in any manner to me.
9. Use of Information and Materials
9.1. I understand and agree that the information and materials contained in these pages/Site, and the terms, conditions, and descriptions that appear, are subject to change by Egytrans. Unauthorized use of the Site and/or Egytrans web sites and systems including but not limited to unauthorized entry into Egytrans’s systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. All products and services may not be available in all geographic areas. My eligibility for particular Services is subject to final determination Egytrans.
9.2. I agree that by making available Egytrans E-Services to me, Egytrans is granting me a non-exclusive, non-transferable, temporary license to use this
Site and related software to use Egytrans E-Services and this permission is restricted to authorized and legitimate access and use of Egytrans E-Services. All materials and information and trade name(s) given in this Site belong to Egytrans. In this regard, I agree as follows:
? ? 9.2.1. not to use this information/material except in connection with accessing and using Egytrans E-Services;
? ? 9.2.2. not to make/take copies, sell, assign, commercially rent, sub-license otherwise transfer the same to any third person;
? ? 9.2.3. not to attempt or decompose, reverse or tamper with the system/software related to Egytrans E-Services.
11. No Warranty
11.1. The information and materials contained in this Site, including text, graphics, links or other items are provided as is, “as available”. Egytrans does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus or other malicious software is given in conjunction with the information and materials.
12. Limitation of liability
12.1. In no event will Egytrans be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Egytrans, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
13.1. All information submitted to Egytrans via this Site shall be deemed and remain the property of Egytrans and Egytrans will be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to this site provides to Egytrans through this site.
Egytrans will not be subject to any obligations of confidentiality regarding submitted information except as agreed by Egytrans having the direct customer relationship or as otherwise specially agreed or required by law. Nothing contained herein shall be construed as limiting or reducing Egytrans’s responsibilities and obligations to Customer of whatsoever nature.
14.1. This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local laws or regulations.
15. Additional terms
These Terms and Conditions are in addition to the terms and conditions applicable to the? Standard Trading? terms and conditions and other terms and conditions which govern the services and? facilities provided by Egytrans. In the event of a conflict between these Terms and Conditions and other terms and conditions, these Terms and Conditions will prevail over other terms and conditions as far as issue or dispute relates to Internet business facility as provided through Egytrans E-Services, In all other cases the other terms and conditions shall prevail.
16.1. If any of the provisions of the Terms and Conditions stated herein is unenforceable, the other terms and conditions remain valid and will not affect enforceability thereof.
16.2. Any waiver or relaxation given by Egytrans will not be construed as a permanent waiver and such waivers will not affect adversely the rights of Egytrans under this Agreement at any other time.
16.3. In case any provision of these Terms and Conditions becomes legally unsound in any way, the same fact will not affect validity of the other terms and conditions.
16.4. Egytrans will have the right to change these Terms and Conditions at any time by giving a notice in such a manner as solely determined by Egytrans.
17. Governing Law
17.1. These Terms and Conditions, access and use of Egytrans E-Services shall be governed by all applicable laws of Egypt and both parties to this Agreement agree to submit to the jurisdiction of courts in Egypt. However, Egytrans will have the right to pursue its remedies in and outside Egypt and in the courts of any other jurisdictions which is considered appropriate.
In order to signify your agreement to the Terms and Conditions, please press the “I Agree” button and if you do not agree, press the “I Disagree” button and you will be returned to Egytrans E-Services home page.?
EGYTRANS ALERTING SERVICE TERMS AND CONDITIONS:
I understand that under Egytrans Alerting Service facility, Egytrans will send me customized alert messages with respect to events/operations relating to my Business (which may be ………………………). I understand that to receive the alert messages, I may select and set all or any of the Triggers available on Egytrans E-Services www.www.haozicai.com? The alert messages will be sent to me via short messages service/text (SMS) on my mobile phone or via e-mail or any other form of electronic means of communications available from time to time. I may also receive the alert message as an e-mail on my personal computer or as a fax message on my fax machine or any other device or through any other means, as and when the service is offered by Egytrans, from time to time.
I understand that registration for Egytrans Alerting Service shall be treated as registration for Egytrans E-Services. I accept that it will be my responsibility to obtain the Terms and Conditions relating to Egytrans E-Services and to read the same and I shall comply therewith. Egytrans will reserve the right to accept or refuse my registration application without providing any reason. If Egytrans accepts my registration for Egytrans Alerting Service, I understand that I shall be bound by these Terms and Conditions in force and which are subject to change by Egytrans from time to time. I understand that Egytrans may, from time to time, send me additional alerts that are relevant to my business/operations or Egytrans’s services, which may be of interest to me and I may request? Egytrans not to send to me information, which is irrelevant to my Egytrans Business/Operations at any point in time as I so desire. I give my consent to receive such information.
I shall advise Egytrans immediately in the event of any change in any of the above detailed information, i.e. my mobile number, Business/Operations e-mail, fax number, etc. Egytrans is in no way liable for my lack of receipt of a message alert should I fail to provide updated information to Egytrans.
I agree to provide any additional information as required by Egytrans, from time to time, for the purpose of making the facility available to me. I certify that the details/information as given by me in my relationship record/Business/Operations opening form/application are correct and accurate. I shall advise Egytrans immediately in the event there are any changes in my mobile phone number, e-mail address, fax number or any other change in the details of my relationship record. I also agree that Egytrans shall not be liable, in any manner, if any information pertaining to my Business/Operations(s) becomes in the knowledge of any third party due to, including but not limited to, if such third party has access or using my mobile phone/e-mail with or without my consent to do so. I agree to avail Egytrans Alerting Service Facility on the Terms and Conditions stated below and accept and agree to be bound by the said Terms and Conditions.
?TERMS AND CONDITIONS:
In these Terms and Conditions, the following terms shall have the following meanings:
Alerts: means the customised messages in response to the Triggers sent either by short messaging service/text (“SMS”) over the Customer’s mobile phone, e-mail, or fax or any other modes of communication.
Business/Operations: means any Business/Operations(s) which the Customer has with Egytrans, which may be a ………………Business/Operations or any other Business/Operations.
Egytrans: means The Egyptian Transport and Commercial Services Co. S.A.E. Egypt
CSP: means the Cellular Service Provider which is providing mobile telecommunications facility to the Customer.
Customer: means the person who holds Business/Operations (as defined above) with Egytrans.
Facility: means Egytrans Alerting Service Facility as offered by Egytrans from time to time.
Triggers: means the customized triggers to be set or placed by the Customer with Egytrans with respect to specific event/operations relating to the Customer’s Business/Operations to enable Egytrans to send the Alerts to the Customer specifically related to the Customer’s Business/Operations and generalized alert messages (example: birthday greetings, launch of service) set by Egytrans from time to time.
2.1. The Facility will be made available by Egytrans to the Customer at the Customer’s request.
At the sole discretion of Egytrans, the Facility may be changed or discontinued at any time, without further notice to the Customer. The Customer may advise Egytrans to unsubscribe the Facility in case Egytrans has provided the Customer with the Facility without the Customer’s request for the same.
2.2. The alerts will be sent to the Customer on his mobile phone only if the Customer is within the cellular circles of the CSP’s or in circles forming part of the roaming network of such CSP’s. The Alert will also be sent to the Customer on such e-mail address of the Customer as provided by him to Egytrans.
2.3. Egytrans may, if feasible, extend the Facility to other cellular circles as well as to subscribers of other cellular telephone service providers, as notified by Egytrans, from time to time.
3.1. To receive Alerts, the Customer may select and set all or any of the Triggers available on Egytrans website www.www.haozicai.com .
3.2. The Customer is responsible to acquaint himself with the process for using Egytrans Alerting Service and Egytrans is not responsible, in any manner, for any error by the Customer in setting the Triggers and/or use of the Egytrans Alerting Service.
3.3. To set Triggers over Egytrans Egypt website, the Customer may be required to use the Egytrans E-Services Facility and the Terms and Conditions relating thereto will apply. Alerts will be sent over the Customer’s mobile phone number and email address registered with Egytrans. The Terms and Conditions relating to Egytrans E-Services and the General Terms and Conditions applicable to liability Business/Operations(s) and the Standard Trading Terms and Conditions must be read in conjunction with and in addition to these Terms and Conditions and the Customer will be responsible to comply therewith.
3.4. The Customer acknowledges that Egytrans Alerting Service will be implemented in stages and Egytrans may at a later stage; as and when feasible, send Alerts via other mediums of communication. Egytrans may, from time to time, change the features of any Triggers or Alerts/Facility. The Customer will be responsible for keeping himself updated of the available Triggers or Alerts, which will be notified by Egytrans over its Website. The Customer may, from time to time, change or add to the Triggers he has selected, without the necessity of a new registration.
4. Joint Business/Operations
The Facility will be available for Business/Operationss held jointly by more than one individual.
5. Setting Triggers and Receiving Alerts
5.1. Egytrans, at no time, will acknowledge receipt of any instructions or Triggers set by the Customer nor will Egytrans be responsible to verify any instructions or Triggers or the Customer’s PIN or mobile phone number or fax number. Egytrans will endeavor to give effect to Instructions and Triggers on a best effort basis and as soon as practically possible for Egytrans and Egytrans shall not be responsible, in any manner, to the Customer for its inability to give effect to the instructions.
5.2. Egytrans may, at its discretion, not give effect to any Triggers if Egytrans has reason to believe (which decision of Egytrans shall be binding on the Customer) that the Triggers are not genuine or otherwise improper or unclear or raise a doubt or in case any Triggers cannot be put into effect for any reasons whatsoever.
5.3. The Customer is responsible for informing Egytrans of any change in his mobile phone number or e-mail address or Business/Operations details and Egytrans will not be liable for the Customer’s receipt of Alerts or other information over the Customer’s mobile phone number/email address/fax number recorded with Egytrans.
5.4. The Customer acknowledges that to receive Alerts, his mobile phone must be in an “on” mode. If the Customer’s mobile phone is kept “off” for a continuous 24-hour period from the time of delivery of an Alerts message by Egytrans or out of the mobile phone service area, that particular message will not be received by the Customer.
5.5. Triggers will be processed by Egytrans after their respective receipt by Egytrans. Egytrans, at its discretion, will decide the processing time for Triggers. The Customer acknowledges that there will be a certain time lag between Egytrans processing the Triggers and sending the Alerts.
5.6. The Customer acknowledges that the Facility is dependent on the infrastructure, connectivity and services provided by the service providers engaged by Egytrans. The Customer accepts that timeliness, accuracy, and readability of Alerts sent by Egytrans will depend on factors affecting the service providers. Egytrans shall not be liable, in any manner, for non-delivery or delayed delivery of Alerts, error, loss or distortion in transmission of Alerts to the Customer. Egytrans shall not be liable for Customer’s lack of receipt of Alerts due to any defects in Customer’s phone or damage caused to the Customer as a result of use of the Facility (including relying on the Alerts for the Customer’s investment or business purposes) for causes which are not attributable to Egytrans. Egytrans shall not be liable in any manner to the Customer in connection with the use of the Facility.
Egytrans shall not be liable if the CSP does not distribute, block or discontinue the Alerts originating from Egytrans.
5.7. The Customer accepts that each Alert may contain Business/Operations information relating to the Customer. The Customer authorises Egytrans to send Business/Operations-related information, though not specifically requested, if Egytrans deems that the same is relevant. The Customer acknowledges that Egytrans Alerting Service messages sent to him may contain confidential information and should such confidential information be sent to another individual due to any reason whatsoever, Egytrans is in no way to be held liable or responsible thereof. The Customer further understands that information relating to his Business/Operations will be transmitted/passing through the computer and telecommunication systems of the CSP for the purpose of the arrangement made hereunder and the Customer will have no objection and/or claim of whatsoever nature in this respect.
5.8. By agreeing to the Terms and Conditions of Egytrans Alerting Service, the Customer accepts the option to use the enhanced options as and when they are made available by Egytrans, which may include but not be limited to;……………….. Upon Egytrans’s offering of the enhanced options, the Customer shall be advised as to the fees charged for the various enhanced options available. Such Alerts shall be charged on a per operation basis or otherwise as determined by Egytrans.
6. Withdrawal or Termination
Egytrans may, at its discretion and without prior notice and incurring any liability, temporarily suspend the Facility or terminate it completely.
The Facility will be subject to payment of fees as determined by Egytrans from time to time and notified in the schedule of charges of Egytrans. Egytrans will have the right to change the fee payable by the Customer for the Facility by giving notice to the Customer and in case of any change in the amount of fee will be published in the schedule of charges and the same will be deemed as notice to the Customer. The Customer shall be liable for payment of such airtime or other charges which may be levied by the CSP in connection with receipt of the Alerts and Egytrans will not be liable for any such charges.
8.1. The Customer is solely responsible for protecting/securing his USERNAME AND PASSWORD and mobile phone/equipment, mobile phone number/e-mail address and all losses and damages arising due to disclosure/divulgence of the USERNAME AND PASSWORD will be liability of the Customer.
8.2. Egytrans will not be liable for (a) any unauthorized use of the Customer’s? USERNAME AND PASSWORD or mobile phone or for any fraudulent, duplicate or erroneous instructions/Triggers given by Customer’s use of the Customer’s USERNAME AND PASSWORD or mobile phone number; (b) acting in good faith on any instructions/Triggers received by Egytrans; (c) error, default, delay or inability of Egytrans to act on all or any of the instructions/Triggers; (d) loss of any information/instructions/Alerts in transmission; (e) unauthorised access by any other person to any information/instructions/Triggers given by the Customer or breach of confidentially.
8.3. Egytrans will not be liable in any manner in case of any dispute between the Customer and the CSP and makes no representation and gives no warranty with respect to the quality of the service provided by the CSP or guarantee for timely delivery or accuracy of the contents of each Alert.
The Customer accepts that all information/instructions/Triggers will be transmitted to and/or stored at various locations and be accessed by personnel of Egytrans (and its affiliates). Egytrans is authorized to provide any information or details relating to the Customer or his Business/Operations to the CSP’s or any service providers insofar as is necessary to give effect to any Instructions/Triggers and Egytrans shall not be responsible for acts/omissions of CSP and/or other service providers.
10. Liability and Indemnity
The Customer shall not interfere with or misuse in any manner whatsoever the Facility and in the event of any damage due to improper or fraudulent use by the Customer, the Customer shall be liable for damages, losses and claims/actions against Egytrans. In consideration of Egytrans providing the Facility, the Customer agrees to indemnify and hold Egytrans harmless from and against all actions, claims, demands, proceedings, loss, damages, costs, charges and expenses whatsoever which Egytrans may at any time incur, sustain, suffer as a consequence of or arising from the Customer acting, or omitting to act on any instructions given by use of the Facility. Once the Customer unsubscribes, he shall still be liable for all the Triggers, Alerts, and Operations that have occurred until Egytrans deactivates the Egytrans Alerting Service Facility provided to the Customer.
Egytrans may amend/change the above Terms and Conditions, at any time by giving notice to the Customer and such amended terms and conditions will thereupon apply to and be binding on the Customer.