All activities and services conducted by Rotterdam World Gateway B.V. (RWG), except for the purchase of goods or services, are subject to the general terms and conditions of the Rotterdam Terminal Operators' Association (VRTO), as filed at the Registry of the District Court of Rotterdam on 2 September 2009 including the TAMARA arbitration clause, unless specifically agreed upon otherwise in writing. In case of RWG purchasing goods or services, the General Purchase Conditions of RWG apply. Both the VRTO Conditions and the General Purchase Conditions of RWG will be supplied on request free of charge or can be downloaded from the website by clicking HERE. RWG explicitly rejects the applicability of any general conditions which RWG’s counterparty may use.
RWG takes reasonable care to provide accurate, complete and up-to-date information, which has been obtained from sources that it considers reliable. However, RWG makes no warranties or representations, express or implied, as to whether information provided on or via the RWG Online services (RWGServices) is accurate, complete or up-to-date. RWG does not represent or warrant that the RWGServices function without error or interruption.
You as user of the RWGServices herewith guarantee and warrant that any information, submitted by you/your company to https://rwgservices.rwg.nl will be fully accurate and complete. You allow RWG to disclose and use this information to (Legal) Authorities.
Access to https://rwgservices.rwg.nl is being granted to persons who applied for a login name. These persons are personally responsible for the proper use of the right of access to https://rwgservices.rwg.nl and are not allowed to give, grant or otherwise transfer this right to any other person or party without the prior written approval of RWG. The person to whom a login name was granted will hold RWG harmless from all consequences of any unauthorized use of this login name.
You as user of https://rwgservices.rwg.nl will at all times remain responsible for fulfilling and discharging any custom requirements in relation to containers and cargo and upon first request thereto you will hold RWG harmless from any claims of whatever nature that may be brought against RWG in this respect, including RWG’s reasonable legal costs in defending such claims in or out of court.
RWG shall not be liable for any damage whatsoever sustained in connection to access or use of the E-services, regardless of whether RWG is advised of the possibility of certain damage arising, unless damage is caused by gross negligence or willful misconduct of RWG’s senior management in which case RWG's liability is further limited in accordance with the provisions of the aforementioned VRTO conditions.
More specifically, but not in any way limiting the scope of the exemption of liability , RWG shall not be liable for any damage arising from (I) any defects, viruses, or other malfunctions caused to any equipment and other software in connection with access or use of the E-services, (||) the information provided on or via this the E-services, (|||) the interception , modification or misuse of information transmitted to RWG or transmitted to you, (IV) the functioning or non-availability of the E-services, (V) the misuse of the E-services, (VI) the loss of data (VIl) downloading or use of any software made available by the E-services, (VIII) claims of third parties in connection with the use of the E-services, or (IX) any other cause whatsoever.