Terms & Conditions (MSIC)

Terms & Conditions (MSIC)

1-stop.biz (“Site”) is owned and operated by 1-Stop Connections Pty Ltd ABN 58 102 573 544 (“1-Stop”). Following are the Terms and Conditions (“Terms”) under which 1-Stop will process Maritime Security Identification Card (“MSIC”) applications made on the MSIC platform available on the Site (“MSIC platform”).

 

The Terms describe your responsibilities and, among other things, excludes and/or limits the liability of 1-Stop and the issuing body. BEFORE SUBMITTING AN MSIC APPLICATION AND/OR USING THIS SITE, PLEASE READ ALL OF THE TERMS CAREFULLY. BY ACCESSING ANY AREAS OF THIS SITE, YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THE TERMS.

If you do not agree with any of the Terms, YOU MUST NOT USE THIS SITE.

 

Introduction

1.  1-Stop processes any MSIC application submitted by you via this Site pursuant to its capacity as an issuing body under the Maritime Transport and Offshore Facilities Security Act 2003 (Cth) as amended and the Maritime Transport and Offshore Facilities Security Regulations 2003 (Cth) as amended (“Regulations”). It may also process any MSIC application in its capacity as agent for the issuing body.

 

2.  In the Terms: (a) “you” or “your” means yourself individually, together with your respective related bodies corporate, all your employees, agents and representatives and those of your related bodies corporate; (b) “issuing body” has the meaning it is given in the Regulations and is the person identified as the issuing body and principal in the MSIC application process.

 

3. The Terms govern the use of this Site and access to the MSIC platform. The issue of an MSIC is governed by the separate terms and conditions that accompany an MSIC application and applicable law including the Regulations.

 

4.  1-Stop and the issuing body may vary the Terms at any time at its sole discretion. If the Terms are varied, 1-Stop and the issuing body will notify you by placing a notice on this Site.

 

Acceptance of these Terms

5. By submitting an MSIC application to 1-Stop, you
    (a) make 1-Stop and the issuing body an offer to use the services in accordance with the Terms and by accepting the submission of your MSIC application, 1-Stop and the issuing body accept your offer to use its services in accordance with the Terms;
    (b) agree that no claim or allegation arising or in any way connected with the issue or use of an MSIC will be made by any person (including you) against 1-Stop in its capacity as agent for the issuing body;
    (c) agree that the issuing body is acting as the agent or trustee on behalf of and for the benefit of 1-Stop in its capacity as agent for the issuing body who will, to this extent be or be deemed to be a party to the Terms; and
    (d) every exemption, limitation, condition, right, defence and immunity available to the issuing body will be available and will extend to protect 1-Stop in its capacity as agent for the issuing body.

 

Your Obligations

6.  As a condition of using this Site, you agree not to:
    (a) use this Site or its contents or information for any purpose that is unlawful or prohibited by the Terms;
    (b) access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose;
    (c) bypass or circumvent measures employed to prevent or limit access to this Site;
    (d) take any action that imposes, or may impose, in the discretion of 1-Stop, an unreasonable or disproportionately large load on the 1-Stop infrastructure; and
    (e) deep-link to any portion of this Site for any purpose.

7.  You also warrant that
    (a) you are of sufficient legal age and have sufficient authority within your company to create binding legal obligations for any liability you or your company may incur as a result of your use of this Site;
    (b) you will accept all costs associated with transmission of an MSIC application, including, without limitation, any application fee and payments to other service providers such as software vendors, bureau services, Internet Service Providers or other network providers; and
    (c) all data transmitted in the MSIC application is true and correct.

8. You expressly agree that the use of this Site is at your sole risk.

 

1-Stop’s Obligations

9.  1-Stop will:
    (a) accept all costs of maintaining this Site, including any forms on this Site; and
    (b) use reasonable endeavours to maintain the MSIC platform and a help desk facility 24 hours per day, 365 days a year.

10. Notwithstanding clause 9(b), you acknowledge and accept that the MSIC platform and help desk facility may be unavailable from time to time including for reasons beyond 1-Stop’S control and 1-Stop has no liability to you in such regard to the extent permitted by law.

 

Suspension or termination of registration

11.  1-Stop reserves the right to suspend or terminate your registration and to disable your access to this Site at any time for any lawful reason, including if:
    (a) you fail to comply with any of your obligations under the Terms;
    (b) you infringe 1-Stop’s (and/or its related bodies corporate) intellectual property rights;
    (c) you breach another agreement you have with 1-Stop (and/or its related bodies corporate);
    (d) you use this Site for an unauthorised purpose; or
    (e) 1-Stop is instructed in writing by the issuing body or any authorised person to suspend or terminate your registration or is required by law to do so.

 

No Warranties

12.  To the maximum extent permissible by law, 1-Stop (in all capacities), the issuing body and their employees and agents exclude all terms, conditions and warranties, either express or implied, which arise out of or are in any way connected with any use of this Site.

13. Without limiting the above, no warranty or guarantee is made:
    (a) regarding the acceptance of any MSIC application;
    (b) that use of this Site and all software, products or services associated with this Site will be error free;
    (c) regarding the results that may be obtained from the use of this Site;
    (d) regarding the completeness, accuracy, reliability or quality of any information content, data, service, advice or merchandise provided or available through this Site;
    (e) regarding the performance or non-performance of this Site;
    (f) regarding the quality, accuracy or usefulness of the content of any site linked from this Site.

 

Liability

14.  To the maximum extent permissible by law, 1-Stop (in all capacities), the issuing body and their employees and agents exclude all liability to you for any, or the consequences of any, loss or damage, including, without limitation, liability arising in contract or tort (including negligence) which arises out of or is in any way connected with any use of this Site or with any delay or inability to use this Site, or for any information, products or services obtained through this Site.

15.  Where the exclusion of liability in clause 14 above is not permissible by law, the liability of 1-Stop (in all capacities), the issuing body and their employees and agents shall, at their discretion, be limited to:
    (a) in the case of the supply of goods, payment of the cost of replacing the goods or of acquiring equivalent goods or of the cost of having the goods repaired; or
    (b) in the case of the supply of services, payment of the cost of having the services supplied again.

 

Indemnity

16.  You agree to indemnify 1-Stop, the issuing body and their employees and agents for any, and the consequences of any, claim or demand made by any third party due to or arising out of or in connection with your breach of the Terms or your infringement of any rights of a third party.

 

Copyright

17.  You acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, “Content”) are intellectual property and copyrighted works of 1-Stop and/or its third-party providers through this Site. Reproduction or storage of information or Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the Copyright Act 1968.

 

Privacy

18.  The 1-Stop Privacy Policy is incorporated into the Terms. Go to www.1-stop.biz/Pages/Privacy.aspx. Governing law and jurisdiction

19.  The Terms are governed by and construed in accordance with the laws of the State of New South Wales, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.