Please read these terms and conditions (“the Terms”) carefully before subscribing to the TAC Index on www.tacindex.com (the “Site”). By (1) subscribing to the TAC Index or any of our services, (2) accessing the Site or any part thereof, or (3) accessing, using, transferring, or otherwise handling any TAC Index data, you (meaning yourself and any company or other entity or business for whom you work or otherwise represent) agree to be legally bound by these Terms as they may be modified and posted on the Site from time to time. If you do not agree to the Terms (or are not authorised to do so) you should not subscribe to the TAC Index and immediately cease accessing the Site, and/or cease using, transferring or otherwise handling TAC Index data as the case may be.
2. Nature of the Site
The Site includes on-line index information relating to the air cargo industry (the “Content”), which is accessible on-line. The Content whether accessed on the Site or sent to you by email or any other means does not constitute any form of professional investment or other advice, recommendation, representation or endorsement and should not be relied upon by you in making (or refraining from making) any business investment or other decision. Appropriate independent advice should be sought before making any such decisions. We are not responsible for any use of the Content by you outside its scope as stated in these Terms.
3. Applicability of Online Materials
In consideration of being granted access to and use of our Site and/or Mobile App, you represent, warrant and undertake to:
• provide true, accurate and complete information about yourself (“User Data”) as required by our registration process and thereafter to ensure that the User Data is promptly maintained and updated so that it remains at all times true, accurate and complete. If we have reasonable grounds to suspect that any of the User Data is untrue, inaccurate or incomplete in any respect, we shall have the right to suspend or terminate your access to and use of our Website and/or Mobile App;
• not misuse our Website or Mobile App, including by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise using our Website or Mobile App for anything illegal. You must not engage in any web scraping or attempt to gain unauthorized access to our Website or Mobile App, the server on which our Website is stored or any server, computer or database connected to our Website or Mobile App. You must not attack our Website or Mobile App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them.
• not link (including, but not limited to, hyperlink, in-line link or deep-link) (hereinafter collectively referred to as “Link”), mirror or frame our Website or Mobile App or any part thereof to any other web page, website, server or otherwise. Except with our prior written permission no trademark, trade name, service mark, product name or logo may be used as a Link or to mark any Link to our Website or Mobile App or any part thereof or any other web page or website. Notwithstanding anything to the contrary in these Conditions, we reserve all rights to terminate any Link from any website to our Website or Mobile App for any reason. Upon our instructions, you must disable, remove, and terminate any Link from any web page or website, or any mirroring or framing of our Website or Mobile App or any part thereof immediately.
4. Applicability of Online Materials
The Site is controlled and operated by the TAC Index from its offices in Hong Kong. The TAC Index makes no representations that the Site or the Content are appropriate or available for use in other locations. You agree to abide by all applicable laws, regulations and codes of conduct and ensure that any Content uploaded, distributed, or stored by you does not infringe the rights of others.
5. Modifications to Offering
The TAC Index reserves the absolute right to alter, suspend, withdraw, or discontinue without notice any aspect of the Site or the information. Unless explicitly stated any new features or information on the Site shall be subject to these Terms.
6. Proprietary Rights
The Content is protected by international copyright, database right and other intellectual property rights owned by the TAC Index or third-party licensors. All product and company names and logos mentioned on the Site may be trademarks, service marks or trading names of their respective owners, including the TAC Index.
You may display the Content to one person electronically, download and store one copy of the information in machine readable form, print (but not photocopy) one copy of the information, and store any of the Content so as to create a database in electronic or paper form.
You may not do any of the following without our prior written consent:
1. download, display or store any of the Content otherwise than as permitted above;
2. modify, reproduce, transmit, publish, display, copy, distribute, broadcast, adapt, create derivative works of or in any way commercially exploit any of the Content;
3. sub-license, rent, lease, transfer or attempt to assign the rights in the Content to any other person, make the materials available on a network, use the information in any manner, or transfer or export the Content or any copies into any country, other than in compliance with these Terms and with applicable laws or allow any other person to use the information other than in accordance with the Terms and the subscription agreement;
4. redistribute any of the Content (including using it as part of any library, archive or similar service);
5. remove the copyright or trademark notice(s) from any copies of the Content permitted in accordance with these Terms;
6. deep link to, frame, spider, harvest or scrape the Content or otherwise access the Content for similar purposes;
7. use TAC Index data as a pricing reference in an agreement or contract between an airline and a shipper.
You agree to indemnify and hold the TAC Index and any of its officers, employees and agents harmless from and against all liabilities, costs, damages, claims or expenses which the TAC Index incurs or suffers as a result of any breach or non-observance by you of any of these Terms or any use you may make of the Site, and its associated services, including, without limitation, your posting of any information on the Site or any message transmitted by you on the Site.
You agree to co-operate with the TAC Index and to comply with its reasonable instructions to limit or minimize any liability the TAC Index may incur as a result of any breach of the representations, warranties and undertakings given herein.
We reserve the right to modify, suspend or discontinue (permanently or temporarily) the Website and/or Mobile App and the Services (or any part of them) at any time without prior notice to you. We shall have no liability for any modification, suspension or discontinuance of the Website or Mobile App or for any failure to notify you in advance of the same.
To access some of the features on the Site (“Subscription Services”) you will need to become a registered subscriber. All applications are subject to our acceptance.
To register, you will be required to complete the registration pages on the Site, enter your e-mail address and choose a password. You will have to submit your email address and password each time you enter the Site. You must ensure that any information you provide as part of the subscription process or registration process is accurate and complete and that its provision and content does not contravene any applicable law or any third-party rights. It is your responsibility to update and maintain any changes to that information (including your e-mail address) by altering your details as appropriate.
When you register to use the Site you will be obliged to click on an icon indicating that you have read, understood and accepted these Terms. You will not be allowed to register unless you indicate your acceptance of these Terms and any other terms and conditions that may apply. The TAC Index will treat any information you provide in order to register yourself as a user with confidence. However, the TAC Index does not give any warranties as to the security of the Site and all information you supply to the TAC Index is supplied at your own risk and subject to these Terms as amended from time to time.
Registration is for a single user only, unless the TAC Index agrees otherwise in writing.
If you provide the TAC Index with an e-mail address that will result in e-mails or SMS messages that the TAC Index sends to you being sent via a computer or telephone network operated or owned by a third party then you warrant that you are entitled to receive those messages. You acknowledge that the TAC Index may refrain from sending you such messages even if you have subscribed to receive them, if the TAC Index receives a request from a third party to stop sending emails to you. The TAC Index allows you access to the Subscription Services on the basis that:
1. your username and password are personal to you and may not be used by anyone else;
2. you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the Site;
3. you do not maliciously create additional usernames for the purpose of abusing the functionality of the Site, or other users; nor do you seek to pass yourself off as another user by adopting a similar username;
4. you comply with these Terms.
If, for any reason, the TAC Index believe that you have not complied with these requirements or any other provision of these Terms, the TAC Index may, at its own discretion, cancel your access to the Subscription Services. If the TAC Index wishes to terminate your registration it will do so by emailing you at the address you have registered stating that your registration has been terminated. Your username and password will become invalid immediately.
You agree to pay any subscription fees at the rates in effect when the charges are incurred.
You must provide the TAC Index with complete and accurate payment information.
You can pay by either credit or debit card. By submitting credit or debit card payment details to the TAC Index you warrant that you are entitled to purchase the subscription using those payment details. If the TAC Index does not receive payment authorisation or any authorisation it subsequently cancelled, the TAC Index may immediately terminate or suspend your subscription. The TAC Index will try to process your subscription promptly but do not guarantee that the Subscription Services will be available to you by any specified time. A contract with you for receipt of the Subscription Services will come into effect when the TAC Index sends you an email message confirming your subscription details and not before. Unless otherwise agreed in writing, the TAC Index will charge you in British Pounds Sterling or in US Dollars or Euros if they are the currencies in your place of business. All credit card payments will be charged in US Dollars irrespective of the service and your country of residence. You will also have to pay any applicable local taxes.
The subscription price is set out on the pages which contain our subscription process.
You can take out either an annual or monthly subscription which will not automatically renew. The TAC Index will notify you in advance of any price increases or post them to the website. If the TAC Index gives you a free trial, you will only be charged for your subscription with effect from the expiry of that free trial period. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. Your Internet Service Provider and/or telephone operator may also charge you for time spent accessing the Site in the same way you pay for telephone calls.
Cancelling or Changing your subscription
When you subscribe the TAC Index may give you a free trial. You may cancel your subscription at any time during any trial period by emailing firstname.lastname@example.org.
Following the expiry of any trial period or if you have not received a free trial prior to subscription, you may cancel your subscription at any time by emailing email@example.com. Any cancellation will be effective once the TAC Index receives notice of it.
Subscriptions are non-refundable unless otherwise agreed by the TAC Index in writing in advance. However, they may be assigned, with the prior written consent of the TAC Index, to another individual within your organisation as an alternative. Before any such assignment is effective the assignee must provide to the TAC Index all details necessary to become a registered subscriber in accordance with these Terms including, without limitation, their e-mail address, a password, payment details etc. and must expressly agree to be bound by these Terms. No assignment of your subscription shall be valid unless expressly confirmed in writing by the TAC Index.
Use of TAC Index data is subject to the terms of the TAC Index Data Policy, which is provided on our website, and which may be amended by us from time to time. The terms of the TAC Index Data Policy are incorporated into these terms and conditions, and you shall be deemed to have accepted the TAC Index Data Policy by your acceptance of these terms, or by otherwise accessing, using, transferring, or otherwise handling any TAC Index Data.
The TAC Index may terminate the provision of any of the Site or restrict your access to it, either temporarily or permanently, without any prior notice to you where (by way of example and without limitation):
1. there is a regulatory or statutory change limiting our ability to provide the Site;
2. any event beyond our reasonable control prevents the TAC Index from continuing to provide the Site (for example, without limitation, technical difficulties, capacity problems and communications failures);
3. The TAC Index considers in its sole discretion that you are abusing the services provided by the Site or are otherwise acting in breach of these Terms;
4. where it is necessary for the maintenance or upkeep of the Site.
11. Choice of Law
These Terms shall be governed by and interpreted in accordance with Hong Kong (SAR) law and the parties irrevocably agree that the courts of Hong Kong (SAR) shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with, these Terms.
The TAC Index shall, however, retain the right to bring proceedings as to the substance of the matter in any court or courts including, if appropriate, in the courts of your country of residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.
12. Limitation of Liability
Links to third party websites or resources (“External Sites”) may be included on the Website or Mobile App by the TAC Index or third parties. You hereby acknowledge that the TAC Index has no control over External Sites and does not pre-screen or systematically monitor their contents.
By accessing the Site you accept the TAC Index does not in any way endorse the contents, information, products or services available on External Sites and accepts no liability or responsibility for any loss, damage, cost or expense incurred by you as a result of your use or reliance on any of the contents, products or services available on any External Site.
The Website and Mobile App may contain and use data provided by third parties (Third Party Providers). You accept that this data is used by the TAC Index and made available to Users on the basis that neither the TAC Index nor Third Party Providers shall have responsibility or liability in negligence or otherwise in respect of any inaccuracy in, or omission from, such information and, neither the TAC Index nor Third Party Providers shall be liable for any indirect or consequential loss caused by or arising from any inaccuracy in or omission from such data.
You hereby acknowledge and accept that the TAC Index does not pre-screen or systematically monitor data provided by Third Party Providers and accepts no responsibility to do so. You accept that the TAC Index makes available such data to you on an “as is” basis. No warranties or representations whatever are given by the TAC Index with regard to the accuracy, integrity, completeness, quality or fitness for purpose of such information and materials. You accept that any use, transmission or reliance on such data will be entirely at your own risk and the TAC Index will accept no liability for any damage, loss, cost or expense incurred by you as a result of any such use, transmission or reliance on such data.
The TAC Index warrants and undertakes that:
a) It has the right and authority to enter into this Agreement;
b) It will, in providing the Services and operating the Website and Mobile App, exercise the skill and care which may be expected of a provider of such services; and
c) the use by you of the Services and the information and materials included in the Services in accordance with these Terms will not infringe the intellectual property rights of any third parties.
Except as expressly stated above, the TAC Index makes no other warranty or representation in relation to the Website, the Mobile App and/or the Services. In particular, the TAC Index makes no warranty or representation that:
a) the Website, the Mobile App and/or the Services will meet your requirements; or
b) the Website, the Mobile App and/or the Services will be uninterrupted or free of errors, bugs, and viruses.
The TAC Index shall not be liable to you whether in contract (including under any indemnity or warranty whether as provided above or otherwise), in tort (including negligence), under statute or otherwise for any of the following:
a) loss of profit;
b) loss of revenue;
c) loss of anticipated savings;
d) loss or corruption of data;
e) loss of contract or opportunity;
f) loss of goodwill; or
g) indirect or consequential loss of whatever nature including (without limit) any loss of a type described in (a) to (f) above which could be regarded as indirect or consequential and whether or not reasonably foreseeable, reasonably contemplatable, or actually contemplated by the TAC Index or by you at the time of entering into this Agreement.
In the event that the TAC Index shall be liable to you (or any person claiming through you) in contract (including under any indemnity or warranty), in tort (including negligence), under statute or otherwise, the TAC Index’s total liability to you and your company together shall be limited to the amount of the annual subscription or membership fee paid for access to the Services or £5000, whichever is the greater.
Without prejudice to your rights to terminate this Agreement, your sole remedy at law, in equity or otherwise in respect of any claim against the TAC Index shall be limited to damages, limited as above.
Any action or claim against the TAC Index must be brought within 18 months after the cause of action arises.
These Terms set out the entire liability of the TAC Index to you in connection with the operation of the Website, the Mobile App, and the provision of the Services. However, nothing in this Agreement shall exclude or limit the liability of the TAC Index or you for:
a) death or personal injury resulting from the negligence of that party or its directors, officers, employees, contractors, or agents; or
b) fraud or any statements made fraudulently by that party or its directors, officers, employees, contractors, or agents.
Both you and the TAC Index agree that, given the nature of the Services, the consideration paid to the TAC Index and the availability of insurance cover to you, the limitations on liability contained in this clause are reasonable in all the circumstances.
The materials and data provided on or through the Website or Mobile App (“Materials”) are not intended for distribution to or for use by or to be acted on by any person or entity located in any jurisdiction where such distribution, use or action would be contrary to applicable laws or regulations or would subject us to any registration or licensing requirement. Our Website and Mobile App provide only general information and we not provide, and the provision of such information must not be construed as the TAC Index providing, financial advice or recommendation for any investment product. The availability of any Materials on, or the grant of access or use of, our Website or Mobile App should not be taken in any way as an inducement to trade or a solicitation for orders or entry into any legal relations, nor taken as intended in any way to prompt any action or decision on your part whether to undertake or consider undertaking any investment decision or otherwise.
You may not assign, sub-licence or otherwise transfer any of your rights under these Terms. The TAC Index may assign or subcontract any or all of its rights and obligations under these Terms. The TAC Index may alter these Terms from time to time and post the new version on the Site. The TAC Index indicates at the beginning of these Terms the date on which they were last updated. If you use the Site after the TAC Index has published such changes you are agreeing to be bound by them. If any provision or term of these Terms, or any part of any provision or term, shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision or part thereof shall be divisible from and be deemed to be deleted from them. The validity of the remaining terms will be unaffected, and they shall remain in full force and effect.
All notices shall be given by e-mail firstname.lastname@example.org or to you at either the e-mail or postal address you provide during the registration process. Notice will be deemed received 24 hours after e-mail is sent or 3 days after the date of posting.
15. Information Management