TERMS AND CONDITIONS

The following are the terms and conditions (the “Terms and Conditions”) to the ATA Carnet real-time lifecycle management system (hereinafter referred as the ‘ATA Carnet System’). With the ATA Carnet System, we include the following subsystem/elements: 1) ATA Carnet Core, the central orchestrator, 2) ATA Carnet Core’s Proxy, 3) ATA Carnet app dedicated to holders and representatives to carry the digital Carnet and to prepare travel declarations, 4) National Issuing and Claim System Proxies, and 5) ATA Carnet Customs, a portal dedicated to Customs Authorities to clear the transactions. International Chamber of Commerce, acting on behalf of its working body, World Chambers Federation (“ICC”), operates and makes available the ATA Carnet System to any user (“User”, “You”) under the Terms and Conditions. By using the ATA Carnet System the User agrees to the Terms and Conditions. ICC reserves the right to modify, update, or alter the Terms and Conditions without prior notice at any time.

1. Agreement to the Terms and Conditions

By clicking “I AGREE” or otherwise accessing or using any services of the ATA Carnet System the User warrants and agrees to have the legal authority to accept the Terms and Conditions on behalf of any party he/she represents in connection with the use of the ATA Carnet System. If You are an individual who is entering into these Terms and Conditions on behalf of an entity, You represent and warrant to have the power to bind that entity, and You hereby agree on that entity’s behalf to be bound by these Terms and Conditions.

2. Registration

The User agrees to (a) only provide accurate and current information, (b) maintain the security of passwords and identification, (c) promptly update the email address listed in connection with account, and (d) be fully responsible for all uses of the account.

In order to register for an account with the ATA Carnet System, you must provide personal information. By providing your personal information to ICC, you consent to the collection, processing and storage by ICC of your personal information, as defined in Regulation EU 2016/679, in accordance with the terms of ICC Privacy Policy URL , and the European General Data Protection Regulation (Regulation (EU) 2016/679).

3. Intellectual Property Rights

ICC holds all intellectual property rights, including copyright, designs and trademarks, in the ATA Carnet System and in its content, unless otherwise indicated. This is without prejudice to the rights of the User or third parties (including chambers of commerce) in the contents of the carnets accessible through the ATA Carnet System, and to the rights of stock photo banks in the background images (used with permission).

The content available to the User in the ATA Carnet System (including all images and videos unless otherwise indicated) should not be reproduced or made available on other platforms without prior permission from ICC.

Subject to User’s compliance with these Terms and Conditions, ICC grants the User the right to access and make personal use of the ATA Carnet System. All rights not expressly granted to the User in these Terms and Conditions are reserved and retained by ICC or its licensors, suppliers, publishers, rights holders, or other content providers. The User may not misuse the ATA Carnet System. The User may use the ATA Carnet System only as permitted by law. The rights granted by ICC terminate if the User does not comply with these Terms and Conditions.

4. Information and content supplied by the User

The User represents, warrants, and agrees that no content shared by the User and uploaded to the ATA Carnet System, violates or infringes upon the rights of any third party, including intellectual property, ownership rights, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.

ICC is not liable for any material shared by the User which infringes third parties’ rights.

5. Prohibited Conduct

The User agrees not to engage in any of the following activities:

- Violating laws and rights:

The User agrees to accept all obligations relative to the use of ATA carnets, as well as recognize its financial responsibilities via the guarantee chain.

The User may not (a) use the ATA Carnet System for any illegal purpose or in violation of any local, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights. The User may not use the ATA Carnet System to import or export prohibited goods.

- Disruption:

The User may not use the ATA Carnet System in any manner that could disable, overburden, damage, or impair the ATA Carnet System, or interfere with any other party’s use and enjoyment of the ATA Carnet System; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the services of the ATA Carnet System, or violating any regulation, policy, or procedure of any network, equipment, or server.

- Impersonation or unauthorized access:

The User may not impersonate another person or entity, or misrepresent his/her affiliation with a person or entity when using the ATA Carnet System.

The User may not use or attempt to use another’s account or personal information without authorization.

The User may not attempt to gain unauthorized access to the ATA Carnet System, or the computer systems or networks connected to the ATA Carnet System, through hacking password mining or any other means.

6. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ATA CARNET SYSTEM OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ATA CARNET SYSTEM DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY THE ATA CARNET SYSTEM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE APPLICATION DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE ATA CARNET SYSTEM IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

7. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ICC BE LIABLE TO THE USER ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY THE USER OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES PROVIDED BY THE ATA CARNET SYSTEM (OR THE TERMINATION THEREOF FOR ANY REASON).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ICC IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE ATA CARNET SYSTEM (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR THE USE OF THE ATA CARNET SYSTEM BY THE USER, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.

8. Indemnification

To the extent authorized by law, the User agrees to indemnify and hold harmless ICC, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) User’s violation of the Terms and Conditions, (b) User’s use of the ATA Carnet System, and/or (c) the content and information the User makes available on the ATA Carnet System.

9. Termination

ICC may modify, suspend, or terminate the operation of, or access to, all or any portion of the ATA Carnet System at any time for any reason. Additionally, User’s individual access to, and use of, the ATA Carnet System may be terminated by ICC at any time and for any reasons related to the security, availability and efficient operation of the ATA Carnet System. Should such circumstances arrive ICC shall inform the Users in advance, except force majeure.

If the User wishes to terminate the use of the ATA Carnet System, the User can do so by stopping to access the ATA Carnet System at any time. The User shall inform ICC by email sent to ata@iccwbo.org.

User’s right to access and use the ATA Carnet System shall automatically end upon User’s breach of any of the Terms and Conditions that has not been remedied within a reasonable time.

10. Miscellaneous Terms

The Terms and Conditions are governed by the laws of France.

By using the ATA Carnet System Users agree that any disputes between ICC and the User concerning the ATA Carnet System may only be brought before the French court having jurisdiction.

Neither party will be responsible for interruptions in performance of its obligations under the Terms and Conditions due to matters beyond its reasonable control, including acts of God, acts of government, floods, fires, earthquakes, strikes or other labor problems, delays or short comings of IT providers, computer malfunctions, cyber and any other IT failures or attacks.

Either party’s failure to insist on or enforce strict performance of any of the Terms and Conditions will not be construed as a waiver of any provision or right.

If any part of the Terms and Conditions is held to be invalid or unenforceable by any law or regulation or final determination of a court or tribunal having jurisdiction, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

Date : 15 May 2019.