1. WHAT THESE TERMS COVER

These Terms of Use (“Terms”) set out the rules for accessing and using our website https://www.cnsonline.co.uk (“Our Website”).

Our Website is primarily intended for business users, including organisations involved in trade, logistics, customs, port community systems and related services.

By accessing or using Our Website, you agree to comply with these Terms.

2. WHO WE ARE AND HOW TO CONTACT US

Our Website is operated by Community Network Services Ltd (“CNS”, “we”, “us” or “our”), a company registered in England and Wales (Company No. 2084279).

Registered office:
16 Palace Street
London
SW1E 5JQ

Main trading address:
Western Docks
Southampton
SO15 1DA

VAT number: 458998463

CNS is a wholly owned subsidiary of DP World Southampton.

You can contact us at: [email protected]

3. ACCEPTANCE OF THESE TERMS

By using Our Website, you confirm that you accept these Terms and agree to comply with them.

If you do not agree to these Terms, you must not use Our Website.

We recommend that you retain a copy of these Terms for future reference.

4. OTHER TERMS THAT APPLY

These Terms should be read together with:

• Our Privacy Policy, which explains how we process personal data in accordance with applicable data protection legislation, including the UK GDPR, EU GDPR (where applicable) and the Data Protection Act 2018.

• Our Acceptable Use Policy, which sets out permitted and prohibited uses of Our Website.

• Our Cookie Policy, which provides information about the cookies used on Our Website.

By using Our Website, you acknowledge that your personal data will be processed in accordance with our Privacy Policy.

5. CHANGES TO THESE TERMS

We may amend these Terms from time to time. Updated Terms will be published on this page.

You are responsible for checking these Terms periodically to ensure you understand the terms that apply at the time of use.

6. CHANGES TO OUR WEBSITE

We may update, modify or remove content and functionality on Our Website at any time for operational, regulatory, security or business reasons.

We do not guarantee that any specific content or feature will always be available.

7. AVAILABILITY OF OUR WEBSITE

Our Website is made available free of charge.

We do not guarantee that Our Website, or any content on it, will always be available, uninterrupted, secure or free from errors or omissions.

We may suspend, withdraw or restrict access to all or any part of Our Website without notice for business, operational, security or legal reasons.

You are responsible for ensuring that anyone accessing Our Website through your internet connection complies with these Terms.

8. INTERNATIONAL USE

Our Website is operated from England.

We make no representation that content available on or through Our Website is appropriate for use in all jurisdictions. If you access Our Website from outside the United Kingdom, you do so at your own initiative and are responsible for compliance with local laws where they apply.

Nothing in these Terms limits our ability to provide services to organisations located outside the United Kingdom.

9. ACCOUNT SECURITY

Certain areas of Our Website or related applications may require account credentials.

If you are provided with, or choose, a user identification code, password or other security credentials, you must:

• Keep such information confidential.

• Use it only for authorised business purposes.

• Ensure access is restricted to authorised personnel within your organisation.

We may disable or suspend access credentials at any time if, in our reasonable opinion, you have failed to comply with these Terms.

If you become aware of any unauthorised access or suspected breach of security, you must notify us immediately at [email protected].

10. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in Our Website and its content, including (without limitation) copyright, trade marks, database rights, design rights, logos, text, graphics, software, structure and layout, are owned by or licensed to CNS or companies within the DP World group.

These rights are protected by UK and international intellectual property laws and treaties. All such rights are reserved.

You may:

• Access, view, download and print content from Our Website for legitimate internal business purposes.

• Draw the attention of others within your organisation to content posted on Our Website.

You must not:

• Modify copies of any materials.

• Use any illustrations, photographs, video or audio sequences or graphics separately from accompanying text.

• Remove or alter any copyright, trade mark or other proprietary notices.

• Extract or reutilise a substantial part of the contents of Our Website, or systematically download or copy content in a way that competes with or commercially exploits Our Website.

• Use any content from Our Website for commercial purposes without obtaining our prior written consent.

Nothing in these Terms grants you any licence or right to use any trade mark, logo or branding displayed on Our Website except as expressly permitted.

If you breach this section, your right to use Our Website will cease immediately and you must, at our option, return or destroy any copies of materials you have made.

11. INFORMATION ON OUR WEBSITE

The content on Our Website is provided for general information only.

It does not constitute professional, technical, legal or regulatory advice. You must obtain appropriate professional advice before taking or refraining from any action based on content on Our Website.

Although we make reasonable efforts to update information, we make no representations, warranties or guarantees, whether express or implied, that content on Our Website is accurate, complete or up to date.

12. APPLICATIONS AND DIGITAL SERVICES

Our Website may provide access to digital tools and applications, including (without limitation):

• CNS Compass
• CNS ICS
• CNS Air Courier
• CNS Risk Engine
• The CARGOES Platform, including CNS PCS, CNS CDMS, CNS BEEMS – CNS Safety & Security, CNS Pre-Lodgement.
• Other services introduced from time to time

Information provided through such applications is supplied in good faith and may include estimates, indicative data or third-party sourced information.

To the fullest extent permitted by law, we:

• Exclude all implied conditions, warranties, representations or other terms.

• Do not guarantee the accuracy, completeness, availability or timeliness of data provided through any application.

• Accept no liability for decisions made based on application data.

For the purposes of these Terms, “Group” means CNS, its holding company, subsidiaries and affiliated entities as defined in section 1159 of the Companies Act 2006.

Nothing in these Terms excludes liability where it would be unlawful to do so.

13. THIRD-PARTY LINKS

Where Our Website contains links to third-party websites or resources, these links are provided for information only.

We have no control over the content of those websites and accept no responsibility for them.

14. USER CONTENT

Where you upload or submit content to Our Website:

• You warrant that you have the right to provide such content.

• You warrant that the content complies with our Acceptable Use Policy.

• You grant us a non-exclusive, worldwide, royalty-free licence to use, store, process and reproduce that content solely for the purposes of operating, maintaining and improving Our Website and related services.

We may remove any content that does not comply with our policies.

You are responsible for securing and backing up your own content.

15. LIMITATION OF LIABILITY – BUSINESS USERS

If you are a business user:

To the fullest extent permitted by law, we exclude all implied conditions, warranties, representations or other terms that may apply to Our Website or its content.

We will not be liable for any:

• Loss of profits, revenue, sales or business.

• Business interruption.

• Loss of anticipated savings.

• Loss of business opportunity, goodwill or reputation.

• Indirect or consequential loss or damage.

Our total aggregate liability arising out of or in connection with the use of Our Website shall not exceed £10,000.

16. LIABILITY THAT CANNOT BE EXCLUDED

Nothing in these Terms excludes or limits liability for:

• Death or personal injury caused by negligence.

• Fraud or fraudulent misrepresentation.

• Any matter where exclusion would be unlawful.

17. WEBSITE SECURITY

We do not guarantee that Our Website will be secure or free from bugs or viruses.

You are responsible for using appropriate security and virus protection software.

You must not:

• Introduce malicious code.

• Attempt to gain unauthorised access to any CNS system.

• Conduct security testing without prior written authorisation.

• Attack Our Website via denial-of-service or similar attacks.

Any breach may result in immediate termination of access and reporting to relevant authorities.

18. LINKING TO OUR WEBSITE

You may link to our home page in a lawful and fair manner that does not damage our reputation.

You must not:

• Suggest endorsement or association where none exists.

• Frame Our Website on another website.

• Link to any page other than the home page without prior consent.

We reserve the right to withdraw linking permission without notice.

19. SANCTIONS AND EXPORT COMPLIANCE

You must not use Our Website in violation of applicable sanctions, export control laws or trade restrictions, including those of the United Kingdom or the European Union.

We reserve the right to restrict access where required to comply with applicable law.

20. GOVERNING LAW AND JURISDICTION

These Terms, their subject matter and formation (including non-contractual disputes or claims) are governed by the laws of England and Wales.

If you are a business user, the courts of England and Wales shall have exclusive jurisdiction.

If you are a consumer resident in the UK, you may bring proceedings in the part of the UK in which you reside.