Contopi ApS (below referred to as “we”, “our”, “us”) has established an online site that brings offshore container owners together with users looking for offshore containers. By using our website you agree to know and be legally obligated by terms and conditions of these Terms of Service (“Terms”), no matter if you are creating an Account with us.
Our website includes an online service through which Owners (defined below) can make listings for Rental services (defined below) and Users (defined below) may know about and rent such Rental services. You agree that Contopi ApS is not a party to any of the agreements entered into between Owners and Users – Users contract with Owners directly for Rental services; nor is Contopi ApS any form of broker, agent or insurer. Contopi ApS exercises no control over how Users, Owners, or any other making use of of the site or services, is using the site, and Contopi ApS disclaims all liability in connection with this. Contopi ApS can not and does not want to control any of the content in listings or the terms, qualities, conditions, legal perspectives or how suitable any Rental service is. Contopi ApS can not be held responsible for and disclaims any and all liability in connection with any and all Rental services and Listings. Concurrently, any agreement of Rental services will be made at the parties’ own risk.
“CONTENT” meaning everything available or made available on the website www.contopi.com.
“OWNERS” meaning a person or company, who creates an account and makes a listing via the website.
“RENTAL SERVICES” meaning any offshore container-related services offered by Owners.
“LISTING” meaning a Owner-provided service that an Owner lists via the site.
“USER” meaning a person completing registration of an account and searching for and/or booking offshore containers via the website.
“THIRD PARTY PROVIDERS” meaning any third party agents, contractors, affiliates, insurers, distributors, merchants or sponsors.
Access and Compliance
You reaffirm your acceptance of the then-current Terms of Service each time you use the website. If you do not wish to be legally obligated by these Terms of Service, your only way is to stop using the website. By using our Website, you also accept that any prior agreements between you and Contopi ApS regarding your use of the Website are hereby superseded. You agree that we may change this agreement and such modifications shall be effective immediately upon posting. You agree to review these Terms of service each time that you are using the Site to be aware of modifications. By using the website we deem it conclusive evidence of your acceptance of the agreement or modified agreement.
Being registered as an Owner means that you are allowed to make Listings. You are going to be asked a range of questions about Rental services to be listed, including, but not limited to, the type and availability of the Rental services, daily prices and related terms and conditions and payment information. Listings are made available to the public via our site. It will be possible for Users to book your Rental services via our site based upon the information that you provide. As part of registering with us, it is expected that when a User is booking your Rental service, your price for such may not be altered compared to what it says in the Listing. Contopi ApS reserves the right, at any time and without prior notice, to remove, edit or disable access to any Listing for any reason.
Contopi ApS is neither insurer nor contracting agent nor contracting party for you as an Owner.
As an owner, you accept and agree that you are solely responsible for all Listings that you submit. Concurrently, you represent and warrant that all Listings that you submit and the provision of any Rental services in a Listing you submit (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) comply with all applicable laws, and (b) not conflict with the rights of third parties. Additionally, you agree to comply with all applicable requirements of your insurance policies covering any of your property or operations.
When a User is making use of any of your Rental services, any agreement that you enter into with such User is 100% between you and the User and Contopi ApS is not in any way a party thereto. You acknowledge and agree that, as an Owner, you are responsible for your own acts and omissions.
As an owner you are is solely responsible for getting all permits, licenses and other permissions required to provide any Rental services or anything else offered as an Owner, and Contopi ApS will and can not assume any responsibility for you as an Owner’s failure to obtain such permits, licenses or permissions or otherwise comply with any applicable laws, rules or regulations.
You as an Owner accepts and understands that Contopi ApS does not offer any medical services or coverage for bodily harm or injury that may result from using an Owner’s offshore container. Contopi ApS will not pay for any medical bills, transportation or loss of wages as a result of the injury.
Recommendations or lack thereof
There is no recommendation from Contopi ApS in terms of endorsing any Owners, Rental services or Users. Although these Terms requires Users to give accurate information and we attempt to confirm Users’ and Owners’ identities, you as a User or Owner are still solely responsible for checking the identity and credibility of others those that you contact via our website. Contopi ApS will not be liable or responsible for any damage resulting from your interactions with other Users or Owners or third parties. Any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other Owners or other third parties will be limited to a claim against the particular Users or Owner or third party, who has caused you harm. You accept the fact that you will not impose liability on or seek any legal remedy from Contopi ApS with respect to such actions or omissions.
Information on the Website
Integrity and accuracy is a key principle for us working with your information or information generally used on the site. However, we make no guarantees as to its correctness, accuracy, reliability, or otherwise. Typographical errors, inaccuracies, unauthorized additions, deletions, alterations by third parties, or other errors or omissions, might occur with or without our knowledge or consent.
Use of Information
The definition of “Your Information” is any information and materials, including without limitation photographs that you upload to our website. You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication of Your Information.
You agree to use to post, send, upload and receive information, messages and material that are proper and related to the particular subject. You warrant to us that Your Information (a) will not be inaccurate, incomplete, false, or misleading; (b) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (c) will not be fraudulent; (d) will not violate any law, statute, ordinance, or regulation ; (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for Contopi ApS or cause Contopi ApS to lose (in whole or in part) the services of its partners or suppliers.
Damage to property
As a User, you accept and agree that neither Contopi ApS nor any Owner have any responsibility to reimburse you or otherwise cover you for any damage to property and the like that may be because of or caused by an offshore container, and you hereby agree not to seek any such reimbursement or other damages from Contopi ApS or any Owner in the event that any such property damage happens.
Use of the Site
To be allowed to use our website and continue to use it, you accept that the following actions shall constitute a material breach (if done without written consent from Contopi ApS): a) Collecting information about the website or Owners or Users, b)Framing, rendering, modifying, mirroring, injecting, filtering, truncating or changing any Content of or information contained on our website, c) Disguising the origin of information uploaded to our website, d) Impersonating another company or person, e) Not responding to messages from Users in a timely manner, f) Behaving in any way that creates a negative experience for a User, g) Acting in a way that demonstrates a lack of courtesy or professionalism with any Contopi ApS Staff Member that may cause any difficulty providing the best customer service possible for a User.
Contopi ApS expressly reserves the right, in its sole discretion, to terminate a user’s access to our website or services provided by Contopi ApS due to any act that would constitute a violation of the Terms. In addition to violating the Terms, any of the foregoing actions on your part or on behalf of any company that you are employed in or otherwise acting as an agent for constitutes intentional, unauthorized access of a protected computer, may constitute a violation of the law, and may potentially subject you and any affiliated parties to civil liability and criminal prosecution.
Decision in regards to material breach or termination, are made at the sole discretion of Contopi ApS.
Links to Third Party Websites
Our website may contain links or have references to other websites controlled by parties other than Contopi ApS. These websites are not under the control of Contopi ApS and we are not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites.
Limitation of Liability and Release
When you create an account and accepts these terms to serve as an Owner and provide Rental services to a User, you assume the risk of any damages, including property damages or personal injury, which you or anyone else present may incur. It is the sole responsibility of you as an Owner to make decisions that are in the best interests of yourself and the offshore container.
Under no circumstances shall Contopi ApS or its affiliates, employees, or third party providers be liable for any direct, indirect, incidental, special or consequential damages that result from your use or inability to use this site or the Rental services, including your reliance on any information obtained from this website that results in mistakes, omissions, deletion, interruptions or corruption of files, viruses, delays in operating or transmissions, or any failure of performance. The foregoing limitation of liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Contopi ApS has been advised of or should have knowledge of the possibility of such damages.
By your use of this site, you acknowledge that this paragraph shall apply to all content, goods and services available through this website, except where the exclusion or limitation of incidental or consequential damages is prohibited by law. Certain jurisdictions do not allow the exclusion or limitation of certain warranties or limitation of incidental or consequential damages, so the foregoing limitations may not apply to you. If, notwithstanding the foregoing exclusions, it is determined that Contopi ApS or its affiliates, employees, agents or third party providers are liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed one thousand Danish kroner (1000.00 DKK), excluding any obligations to pay amounts to Owners or refunds to Users pursuant to these terms.
Disclaimer of warranties
We hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Contopi ApS and its third party providers make no representations, guaranties or warranties regarding the reliability, availability, timeliness, quality, suitability, truth, accuracy or completeness of the site or content associated with the site, or the results you may obtain by getting access to or by using our website and/or the content associated with it. Without limiting the generality of the foregoing, Contopi ApS and its third party providers do not represent or warrant that (a) the operation or use of the site will be timely, secure, uninterrupted or error-free; (b) the quality of any Rental services, information, or other material you purchase, secure or otherwise obtain through the site will meet your requirements; or (c) any software offered via the site available are free of viruses or other harmful components.
By setting up an account, you acknowledge that neither Contopi ApS nor its third party providers control the transfer of data over communications facilities, and that the website and/or content associated therewith may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. Contopi ApS is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Contopi ApS expressly disclaims any warranty related to the quality of Rental services and the persons or businesses referenced on the site. You use Rental services at your peril and assume all risks related to use those. Contopi ApS makes no representations or warranties that any of the Owners offering Rental services through the site have complied with any applicable state, county or municipal law, statute, ordinance or regulations. Contopi ApS explicitly disclaims all liability for any act or omission of any Owner, User or other third party.
You shall defend indemnify and hold harmless Contopi ApS and its affiliates, employees, and Third Party Providers against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred in connection with a claim by a third party related to you or your use of the webite or Rental services. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of the relevant Indemnified Parties. Contopi ApS and its affiliates, employees, and Third Party Providers shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the website and/or the Content associated with the Site other than in accordance with these Terms; (b) the combination of the website and/or Content associated with the website with any other products, services, or materials; or (c) any third party products, services, or materials.
Termination and Account Cancellation
Contopi ApS may, in its sole discretion: (a) terminate these Terms or your access to our website, and (b) deactivate or cancel your Contopi ApS Account or registration or similar uses of the Site. Contopi ApS ‘s proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination. Contopi ApS may provide notice of termination by regular mail or email. You may cancel your Contopi ApS Account at any time by sending an email to email@example.com. However, you are personally liable for any orders, listings or pending transactions that you place or charges that you incur prior to your termination/cancellation. Please note that if your Contopi ApS Account is cancelled, we do not have an obligation to delete or return to you any Content you have uploaded to the Site.
As an Owner you are fully responsible for complying with all applicable tax laws and regulations related to your use of the Site and Rental services. Without limiting the foregoing, each Owner is responsible for determining any applicable local indirect taxes and for including such taxes or obligations related to such taxes in his or her listings. Contopi ApS is not responsible for any taxes related to your use of the website or the Rental services.
Controlling Law and Jurisdiction
Any dispute arising between Seller and Buyer shall be settled at a Danish court and according to Danish law. any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Site will be settled by binding arbitration.
Cookies are small text files stored on your computer by your browser. They’re used for many things, such as remembering whether you’ve visited the site before, so that you remain logged in – or to help us work out how many new website visitors we get each month. They contain information about the use of your computer but don’t include personal information about you (they don’t store your name, for instance).
This policy explains how cookies are used on Contopi in general – and, below, how you can control the cookies that may be used on this site.
We may collect information automatically when you visit the Website, using cookies.
The cookies allow us to identify your computer and find out details about your last visit.
You can choose, below, not to allow cookies. If you do, we can’t guarantee that your experience with the Website will be as good as if you do allow cookies.
The information collected by cookies does not personally identify you; it includes general information about your computer settings, your connection to the Internet e.g. operating system and platform, IP address, your browsing patterns and timings of browsing on the Website and your location.
Most internet browsers accept cookies automatically, but you can change the settings of your browser to erase cookies or prevent automatic acceptance if you prefer.
These links explain how you can control cookies via your browser – remember that if you turn off cookies in your browser then these settings apply to all websites not just this one:
- Internet Explorerhttp://support.microsoft.com/kb/278835 (this page links to further information for different versions of IE – the mobile version is at http:/ /www.microsoft.com/windowsphone/en-us/howto/wp7/web/changing-privacy-and-other-browser-settings.aspx).
- Safari:http://docs.info.apple.com/article.html?path=Safari/5.0/en/9277.html (or http://support.apple.com/kb/HT1677for mobile versions)
- Firefox:http://support.mozilla.org/en-US/kb/ Enabling%20and%20disabling%20cookies
- Blackberries:http://docs.blackberry.com/en/smartphone_users/deliverables/ 32004/Turn_off_cookies_in_the_browser_60_1072866_11.jsp
Types of cookie that may be used during your visit to the Website:
The following types of cookie are used on this site. We don’t list every single cookie used by name – but for each type of cookie we tell you how you can control its use.
- Personalisation cookies
These cookies are used to recognise repeat visitors to the Website and in conjunction with other information we hold to attempt to record specific browsing information (that is, about the way you arrive at the Website, pages you view, options you select, information you enter and the path you take through the Website). These are used to recommend content we think you’ll be interested in based on what you’ve looked at before.
- Analytics cookies
These monitor how visitors move around the Website and how they reached it. This is used so that we can see total (not individual) figures on which types of container is most popular to the users, for instance.
You can opt out of these if you want:
3 Site management cookies
These are used to maintain your identity or session on the Website. For instance, where our websites run on more than one server, we use a cookie to ensure that you are sent information by one specific server (otherwise you may log in or out unexpectedly). These cookies cannot be turned off individually but you could change your browser setting to refuse all cookies (see above) if you do not wish to accept them.
Effective Date: February 17, 2016