Welcome to OCS our One Community System. The OCS is provided to you by OneStop as a trial. The OCS our One Community System includes aggregated container movement data and related content, including in the form of statistics and charts. Please read this OCS Website Terms of Use (Terms of Use) carefully. It governs your commercial relationship with us and sets out legally binding provisions which regulate your use of the OCS and the tools that we make available via the OCS.
By signing up for an account, accepting an invitation to activate your account or by logging into your account you will be deemed to have confirmed that you (and any entity that you specify at the time of creating an account in the OCS) have read and understand, and wholly and unconditionally agree to be legally bound by, and accept, these Terms of Use and any information linked to from these Terms of Use (including our OCS Privacy Policy).
Please note that we are conducting a trial of the OCS. There is no fee for the use of the OCS during our trial. We reserve the right to end our trial at any time. When we decide to end our trial, if we decide to continue to provide the OCS, we may require you to move to a paid subscription to the OCS and/or to agree to a new Terms of Use in order for you to continue to access the OCS.
To assist you, we have prepared summaries of certain sections of our Terms of Use. Our summaries are in the right-hand column below. The summaries are not a substitute for reading the operative provisions of our Terms of Use (i.e. those in the left-hand column below). The operative provisions of our Terms of Use are legally binding. Our summaries are not legally binding and do not limit the scope or operation of, and specifically are not to be used as a mechanism for resolving any ambiguity (should ambiguity arise) with respect to, the operative provisions.
If you use any of the tools that we make available via the OCS (as defined in clause 12 below), you do so at your own risk. We do not warrant that the information produced by the OCS or any of the tools of the OCS is accurate, error-free or up-to-date. You must not rely on, or represent to any person that they should rely on, any results, reports or figures produced by the OCS or any tool on the OCS without independently verifying the validity and accuracy thereof. The results produced by any tool of the OCS may be subject to errors and inaccuracies and may not be up to date.
The content on the OCS is provided for general information only. The information on the OCS is not our professional advice. You must seek all appropriate financial, legal and other advice as applicable before relying on any information you obtain from the OCS.
Please see the Dictionary at clause 12 of these Terms of Use for definitions and interpretation provisions that apply to these Terms of Use.
Operative Provisions
Summary
1. Acceptance and modification of these Terms of Use
1.1. You may only access, browse and use the OCS if you accept these Terms of Use. By signing up for an account, accepting an invitation to activate your account or by logging into your account, you will be deemed to have confirmed that you (and any entity that you specify at the time of creating an account in the OCS) have read and understand, and wholly and unconditionally agree to be legally bound by, and accept, these Terms of Use and any information linked to from these Terms of Use (including the OCS Privacy Policy).
By using the OCS, you agree to our Terms of Use.
1.2. We may modify and/or replace these Terms of Use and any information linked to it from these Terms of Use (including any Privacy Policy) from time to time. Changes will be effective immediately when posted on the OCS and your continued access, browsing or use of the OCS thereafter will constitute your acceptance of those changes and the updated version of these Terms of Use that we publish on the OCS.
We may change our Terms of Use at any time.
1.3. We will always upload the latest version of these Terms of Use to this webpage.
1.4. If you do not wish to accept these Terms of Use, you must not and cannot use the OCS or any part thereof (including any tools we make available via the OCS)
2. Availability of The OCS
2.1. We do not represent that the OCS will be available on an uninterrupted or error-free basis. We may need to take down the OCS from time to time or suspend, withdraw or restrict the availability of all or any part of the OCS for business and operational reasons.
2.2. You agree and acknowledge that the accessibility and use of the OCS is highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure upon which the OCS operates, interfaces with or connects to, and that we are not responsible for any non-performance of the OCS associated with any of those matters.
2.3. The OCS is directed to people residing in Australia. We do not represent that content available on or through the OCS is appropriate for use in other locations.
The OCS might go offline from time to time.
3. OCS Usage Restrictions
3.1. You may not make any use of the OCS except as permitted by these Terms of Use and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with our Intellectual Property Rights in the OCS. Without limiting the foregoing provisions, you must not, under any circumstances, sell or resell access to the OCS or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicense, copy or duplicate the OCS or any content (including reports, charts and graphs) and/or data that you obtain therefrom. In addition, you must not, nor may you permit any person to:
(a) copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, license, create derivative works from or enhance the OCS and/or any content and/or data that you obtain therefrom (except as expressly permitted by a non-excludable provision of the Copyright Act 1968 (Cth));
(b) do any act that would or might invalidate or be inconsistent with our Intellectual Property Rights or those of our licensors;
(c) use the OCS in any way that infringes our rights or the rights of any third party;
(d) use the OCS to create any product or service that competes with the OCS; or
(e) take any steps to circumvent any technological protection measure or security measures in the OCS.
3.2. You must not use the OCS or any part of the OCS in any way which is in breach of any statute, regulation, law or legal right of any person.
3.3. You must not use the OCS or any part thereof in breach of these Terms of Use.
3.4. We do not warrant that the data and information on the OCS or the information produced by any of the tools on the OCS is accurate, error-free or up-to-date. You must not rely on, or represent to any participant or any other person that they should rely on, the data and information on the OCS or any results, reports or figures produced by any tool on the OCS without independently verifying the validity and accuracy thereof. The data and information on the OCS and the results produced by any tool on the OCS may be subject to errors and inaccuracies and may not be up to date.
3.5. You may print off one copy, and may download extracts, of any page(s) from the OCS for your personal use only.
3.6. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
3.7. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is generated by you).
3.8. You must not use any part of the content on the OCS for commercial purposes without obtaining an express prior written licence to do so from us.
3.9. If you print off, copy, download, share or repost any part of the OCS in breach of these Terms of Use, your right to use the OCS will cease immediately and you must, at our option, return to us or destroy any copies of the materials you have made (at our election).
You cannot and must not infringe our Intellectual Property Rights. You must comply with all applicable laws in respect of the OCS.
4. Acceptable Use Policy
4.1. You agree that the following is strictly prohibited by these Terms of Use:
(a) using the OCS to violate all or any legal rights of any person or company or other entity in any jurisdiction;
(b) using the OCS in relation to crimes such as theft and fraud;
(c) using the OCS in breach of laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy and whether such violation is by way of the installation or distribution of “pirated” software or otherwise;
(d) introduction of malicious programs into our network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs);
(e) using the OCS to make fraudulent offers of goods or services;
(f) using the OCS to carry out security breaches or disruptions of network communication is strictly prohibited by these Terms of Use. Security breaches include accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data. For the purposes of this paragraph, “security breaches” includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;
(g) using the OCS to execute any form of network monitoring which will intercept data not intended for you;
(h) using the OCS to circumvent user authentication or security of any of our hosts, networks or accounts or those of our customers or suppliers;
(i) using the OCS to interfere with or deny service to anyone;
(j) using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person’s use of the OCS;
(k) sending unsolicited email messages through or to users of the OCS in breach of the Spam Act 2003 (Cth);
(l) using the OCS to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages; and
(m) use of the OCS in breach of any person’s privacy (such as by way of identity theft or “phishing”).
You cannot use the OCS for any illegal purpose or to violate any person’s legal rights.
5. Intellectual Property Rights
5.1. You agree and acknowledge that these Terms of Use do not transfer or assign any Intellectual Property Rights to you.
5.2. As between you and us, we own all Intellectual Property Rights in the OCS (including all content and data contained or obtained therein or therefrom).
5.3. You have no rights in the OCS or in any part of thereof or in any modification or enhancement thereof, other than the rights temporarily granted to you pursuant to these Terms of Use.
5.4. You agree that any Intellectual Property Rights in any comments that you may provide to us in connection with the OCS or requests for new OCS features (each, an “Improvement Suggestion”) becomes our sole and exclusive property immediately upon you uploading or posting that Improvement Suggestion to us or otherwise providing the Improvement Suggestion to us. You hereby assign all Intellectual Property Rights in each Improvement Suggestions to us effective immediately upon you uploading or posting that Improvement Suggestion to us or otherwise providing the Improvement Suggestion to us. The assignment pursuant to this clause includes an assignment of future copyright pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity.
5.5. You irrevocably consent to the infringement by us and any third party we authorise, of all Moral Rights that you may have in any Improvement Suggestions.
5.6. You must not take any step to invalidate or prejudice our (or our licensors’) Intellectual Property Rights in the OCS or otherwise.
We own all Intellectual Property Rights in the OCS. We also own all improvement suggestions that you make to us regarding the OCS.
6. Responsibility for other users
6.1. We do not accept responsibility for the conduct of any users of the OCS.
6.2. If you believe that another user of the OCS has breached these Terms of Use, please contact us immediately.
6.3. Any dispute you have with another user of the OCS is between you and the other user. You release us from any claims that you may otherwise have against us in relation to any conduct of any user of the OCS, any sales and marketing practices of any users of the OCS and in respect of any content uploaded by or on behalf of any user into the OCS.
We cannot be held responsible for the conduct of our users.
7. Hyperlinks
7.1. We do not represent, recommend or endorse any websites to which we have linked from the OCS via hyperlink or otherwise.
We are not responsible for third party sites that maybe linked from or displayed on the OCS.
8. Liability and Implied Terms, Conditions, Warranties and Guarantees
8.1. Subject to clause 8.4, to the extent possible by law, neither party is liable to the other party for any loss or damage incurred by the other party for loss of profits, loss of business opportunity, loss of revenue, loss of savings, or loss of data.
8.2. Subject to clause 8.4, to the extent that a party’s liability is not otherwise excluded by these Terms of Use, subject to any Non-Excludable Guarantees, its liability to the other party under or in connection with these Terms of Use and/or the OCS, is limited, in the aggregate, to $500.
8.3. Except in respect of any Non-Excludable Guarantees, all terms, conditions, warranties and guarantees implied in these Terms of Use are excluded, to the extent possible by law.
8.4. Nothing in this clause 8 limits a party’s liability:
(a) for breach of any provision of these Terms of Use that relates to Intellectual Property Rights; or
(b) your liability for breach of clause 4.
Our and your liability in connection with the OCS and these Terms of Use is limited.
9. Term and Termination
9.1. We are conducting a trial of the OCS our One Community System. There is no fee for the use of the OCS during our trial. We reserve the right to end our trial at any time.
9.2. When we decide to end our trial, if we decide to continue to provide the OCS, we may require you to move to a paid subscription to the OCS and/or to agree to a new Terms of Use in order for you to continue to access the OCS.
9.3. We may terminate these Terms of Use and your access to the OCS or any part thereof at any time without notice.
9.4. We may take down the OCS or any part of it offline at any time without notice.
9.5. Termination of these Terms of Use and access to the OCS does not affect any accrued rights of either party.
We may terminate your access to the OCS under certain conditions.
10. Notices
10.1. Any notice issued shall be in writing and sent by hand delivery, post or email. Where sent to you from us, we shall use any of your contact details that you provide to us.
10.2. You may contact us or send a notice to us using our contact details that are specified on the OCS at https://www.1-stop.biz/one-community-system-contact-form/ or by sending an email to us at enquiry@onecommunitysystem.com.
10.3. Any notice issued by hand shall be deemed delivered upon delivery.
10.4. Any notice issued by post shall be deemed delivered 6 Business Days after posting if posted domestically, or 10 Business Days after posting if posted internationally.
10.5. Any notice issued via email shall be deemed to be delivered upon receipt by the sender of an electronic read receipt or delivery receipt, or upon the sender’s receipt of a reply to the email.
10.6. We may send you email or other electronic messages concerning the OCS from time to time.
Notices to you from us or to us from you, shall be in writing and either hand delivered, posted or emailed.
11. General
11.1. Assignment: You may not assign, transfer, license or novate your rights or obligations under these Terms of Use without our prior written consent. We may assign, transfer, license or novate our rights or obligations under these Terms of Use at any time to any of our related entities, subject to our Privacy Policy.
You cannot assign your rights under these Terms of Use unless we approve the assignment. We can assign our right and obligations at any time to any of our relates entities.
11.2. Severability: If any part of these Terms of Use is deemed invalid by a court of competent jurisdiction, the remainder of these Terms of Use shall remain enforceable.
If any part of these Terms of Use is not legally binding, the remainder of these Terms of Use is binding and in effect.
11.3. Relationship: You and us are independent contracting entities and these Terms of Use do not create any relationship of partnership, joint venture, fiduciary, or employer and employee or otherwise between you and us.
We are not partners, employers or employees of one another.
11.4. Entire Agreement: These Terms of Use and any information linked to from these Terms of Use constitute the entire agreement between you and us in connection with the OCS and to the extent possible by law, supersede all prior understandings, representations, arrangements and agreements between you and us regarding the OCS.
These Terms of Use set out our entire agreement with you in connection with the OCS.
11.5. Jurisdiction: These Terms of Use will be interpreted in accordance with the laws in force in New South Wales. You and we each irrevocably submit to the non-exclusive jurisdiction of the courts situated in New South Wales in relation to any proceedings or disputes concerning the OCS or these Terms of Use.
These Terms of Use are subject to the laws in force in NSW.
12. Dictionary and Interpretation provisions
12.1. DefinitionsIn these Terms of Use:
Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).
Business Day means Monday – Friday excluding public holidays in NSW.
Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.
Moral Rights has the meaning given in the Copyright Act 1968 (Cth).
Non-Excludable Guarantee means a non-excludable guarantee implied into these Terms of Use by the Australian Consumer Law or similar Australian state or territory law.
Privacy Policy means the OCS Privacy Policy located at [https://www.1-stop.biz/one-community-system-privacy-policy/], as amended by us from time to time.
Terms of Use means the terms and conditions set out on this webpage as amended by us from time to time.
We, our, us and OneStop means 1-Stop Connections Pty Ltd ABN 58 102 573 544 of 347 Kent Street, Sydney, NSW 2000 Australia.
OCS means the website, the homepage of which is [https://onecommunitysystem.com/] and any tools, content (including charts, graphs and reports), images, text, data and other information appearing on any page of the website and any source code and object code therein.
You means you, the person who accesses the OCS for any reason.
12.2. Interpretation
In these Terms of Use:
(a) Headings and underlinings are for convenience only and do not affect the construction of these Terms of Use.
(b) A provision of these Terms of Use will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party’s legal representative prepared the provision.
(c) Currency refers to Australian dollars unless specified otherwise.
(d) The singular includes plural and vice versa.
(e) A reference to a statute or regulation includes amendments thereto.
(f) A reference to a clause, subclause or paragraph is a reference to a clause, subclause or paragraph of these Terms of Use.
(g) A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.
(h) A reference to time is to time in NSW.
(i) A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
(j) The words “includes”, “including” and similar expressions are not words of limitation and shall be interpreted as if followed immediately by “but not limited to” in each case.
Capitalised terms are defined in this clause.
These Terms of Use were most recently updated on 4 September 2023