Terms & Conditions
Last Update: 6-9-2023
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These general terms and conditions (hereinafter: T&C) are used by the Future International Trade Alliance formed in 2022 by (i) Digital Container Shipping Association, having its official seat in Amsterdam, the Netherlands, (ii) International Chamber of Commerce, having its official seat in Paris, France, (iii) BIMCO, having its official seat in Bagsværd, Denmark, (iv) FIATA, having its official seat in Geneve, Switzerland, and (iv) SWIFT, having its official seat in La Hulpe, Belgium (hereinafter: FIT Alliance, we, and us).
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These T&C apply to all use of our website(s) and all services, statements and other declarations offered and included thereon, including those made by you in person and the company you state to represent (hereinafter: Company). By accepting these T&C, you confirm and guarantee, on behalf of yourself and the Company, that you are duly authorised to represent and bind the Company, including by accepting these T&C and the obligations included therein.
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Company hereby grants us a limited, royalty-free, non-exclusive, non-transferable, license in and to any intellectual property rights owned and/or sublicensable by you and the Company, solely to the extent necessary for the use on the website(s) of the FIT Alliance of the logos and trademarks uploaded and/or otherwise provided by you (hereinafter: the License).
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We are entitled to make reasonable modifications and changes to the logos and trademarks uploaded and/or otherwise provided by you to use them on our website(s) of the FIT Alliance and the declarations included thereon. We can also not use, or cease use, (in whole or in part) of the logos and trademarks you uploaded, at any moment in time and at our sole discretion.
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You and/or Company will update us of any changes to the logos and trademarks previously uploaded and/or otherwise provided by you. You and/or Company can terminate the License by written notification to the FIT Alliance, after which we will stop using the logos and trademarks previously uploaded and/or provided by you as soon as reasonably possible.
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You guarantee (garandeert), on behalf of yourself and the Company, towards each of us that (i) Company is entitled to grant the License, and (ii) that the use of the logos and trademarks uploaded and/or otherwise provided by you to us will not infringe any intellectual property rights, trade secrets and/or any other rights of any third party.
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To the fullest extent possible under applicable laws and regulations, we shall have no liability in respect of any claims under and/or related to our use in accordance with these T&C of the logos and trademarks previously uploaded and/or otherwise provided by you, regardless of the grounds thereof.
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You, on behalf of yourself and the Company, hereby irrevocably and unconditionally waive any rights to claim damages and/or any other form of compensation from us in relation to our use in accordance with these T&C of the logos and trademarks previously uploaded and/or otherwise provided by you.
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Company shall indemnify (schadeloosstellen) and hold harmless (vrijwaren) the relevant members of the FIT Alliance, for and against all actions, claims, demands, liabilities, losses, costs, fees (including fees of legal counsel and other external advisers) and expenses suffered or incurred by or imposed upon or instituted against any such member in connection with our use of the logo’s and trademarks previously uploaded and/or otherwise provided by you in accordance with these T&C, regardless of the grounds thereof.
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We reserve the right to feature the logos of signatories on our website at our discretion and do not guarantee the publication of any specific logo.
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These T&C (for the avoidance of doubt including clause 11), any agreements to which these T&C apply and any non-contractual obligations or claims arising out of or in connection with the foregoing, are governed by and shall be construed in accordance with the laws of the Netherlands.
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Any disputes arising out of or in connection with these T&C, any agreements to which these T&C apply and any non-contractual obligations or claims arising out of or in connection with the foregoing, including regarding the existence or validity of these T&C or such agreements, are subject to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands, without prejudice to the right of appeal and appeal to the Supreme Court.