Terms and Conditions

Your access to and use of the DP World (Canada) Inc. (“DP World”) website (the “Site”) and either Cargoes Community System Portal (“CCS”) or Lynx Customer Service Portal (“Lynx CSP”) as the End User is subject to the following terms and conditions (the “Terms of Use”). By accessing, borrowing, and/or using the Site and either CCS or Lynx CSP, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use and to comply with all applicable laws and regulations. Users agree to abide by DP World regulations and take responsibility for all activity under the carrier credentials, including but not limited to protection of storage fees and Terminal Gate Efficiency fees.

DP World reserves the right to change, alter, update, supplement, and modify all materials, content, and information found on either CCS or Lynx CSP on an ongoing basis, including but not limited to these terms and conditions. For up to date terms and conditions, please review “DP WORLD VANCOUVER WEB ACCESS TERMS AND CONDITIONS” found on the DP WORLD Vancouver website (https://www.dpworld.ca/client-centre/).

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, DO NOT USE THE SITE OR EITHER CCS OR LYNX CSP IN ANY MANNER.

DISCLAIMER

The Site and either CCS or Lynx CSP, and the information and materials on the Site and either CCS or Lynx CSP, are provided on an “as is” and “as available” basis without any representation of warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non- infringement timeliness, accuracy, completeness, reliability, or fitness for any particular purpose. You acknowledge that any reliance on any such information and material on the Site and either CCS or Lynx CSP shall be at your sole risk. DP World reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site and either CCS or Lynx CSP. DP World may make any other changes to either CCS or Lynx CSP, the materials and the products, programs, services, or prices (if any) described on the Site and either CCS or Lynx CSP at any time without notice.

THIRD PARTY SITES

In an attempt to provide increased value to our visitors, the Site and either CCS or Lynx CSP may contain links to other websites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with DP World, DP World has no control over these External Sites, all of which have separate privacy and data collection practices, independent of DP World. DP World has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such External Sites. These External Sites are only for your convenience and therefore you access them at your own risk. Links do not imply that DP World sponsors, endorses, is affiliated with, associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such External Sites.

EXCLUSION OF LIABILITY

In no event shall DP World or any of its affiliates, subsidiaries, directors, employees, contractors, agents, or representatives of any kind (“Related Parties”) be liable to any entity for any direct, indirect, special, consequential or other damages (including, but not limited to, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of the Site and either CCS or Lynx CSP or any External Sites, even if DP World is expressly advised of the possibility of such damages.

ABUSE

You agree to not access the Site and either CCS or Lynx CSP in such a way so as to harm or restrict the ability of DP World to operate the Site and either CCS or Lynx CSP or another user’s ability to use the Site and either CCS or Lynx CSP or in any way abuse the Site and either CCS or Lynx CSP. The use of technologies to automate interaction with either CCS or Lynx CSP, for example scripting technologies, constitutes abuse of either CCS or Lynx CSP and is strictly prohibited. Improper use or abuse of this Site or either CCS or Lynx CSP may result in the termination or suspension of your account and denial of access to DP World terminals or services.

ACCOUNT TERMINATION

DP World reserves the right to deny, modify, or revoke access to the Site and either CCS or Lynx CSP or any part thereof, or to otherwise terminate access to the Site and either CCS or Lynx CSP, at any time in its sole discretion, with or without cause and without notice.

COPYRIGHT

The copyright in all material, including but not limited to data, text, graphic, images, sound, and video, provided on the Site and either CCS or Lynx CSP is held by DP World or by the original creator of the material. None of the material may be copied, reproduced, distributed, published, posted, adapted, displayed, or transmitted in any form or by any means without the prior written permission of DP World or the copyright owner. You also may not, without DP World’s written permission, “mirror” any material contained on the Site and either CCS or Lynx CSP on any other server. Any unauthorized use of any material contained on the Site and either CCS or Lynx CSP may violate the laws and regulations of Canada and the relevant international treaties.

COPYRIGHTED TRADEMARKS

The words “DP World” and logos containing the words “DP World” used on the Site and either CCS or Lynx CSP are the property of DP World, its subsidiaries, and/or affiliates. Other names appearing on the Site and either CCS or Lynx CSP may be trademarks of their respective owners.

The domain name www.dpworldcanada.com is owned by DP World. Without prior written authorization of DP World, not other units or individuals have the right to use this domain.

INTERNATIONAL USERS

The Site and either CCS or Lynx CSP are controlled, operated, and administered by DP World from its offices in Vancouver, British Columbia, Canada. DP World makes no representation that materials on the Site and either CCS or Lynx CSP are appropriate or available for use at locations outside of Canada or that access from outside of Canada is legal and permitted by local authorities. If you access the Site and either CCS or Lynx CSP from a location outside of Canada, you are responsible for compliance with all local laws.

CHOICE OF LAW

The Site and either CCS or Lynx CSP as well as the Terms of Use shall be governed by the laws in force in the Province of British Columbia, Canada. Any dispute or claim arising out of or in relation to the Site and either CCS or Lynx CSP, including these Terms of Use, shall be governed by, construed, and enforced in accordance with the laws of and by the courts of, British Columbia, Canada. You hereby consent to the exclusive jurisdiction and venue of such disputes arising out of or relating to the use of this Site and either CCS or Lynx CSP.

These Terms of Use constitute the entire agreement between DP World and the End User with respect to the use of the Site and either CCS or Lynx CSP. Any cause of action the End User may have with respect to use of the Site and either CCS or Lynx CSP must be commenced within one (1) year after the claim or cause of action arises. If, for any reason a court of competent jurisdiction finds any provision of the Terms of Use or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms of Use, and the remainder of the Terms of Use shall continue in full force and effect.