4.2 The right granted to a User to access the E-Services is non-transferable. The Users are not permitted to upload, download, reproduce, change, publish or distribute any materials from E-Services, either wholly or in part, and in a medium other than what is provided by Hutchison Ports KICT by reason of the service.
5. Interfaces to E-Services
E-Services are adapted for use with web browsers stated in the document under the menu 'E-Services - System Information'. Hutchison Ports KICT cannot guarantee that E-Services will function with older versions or web browsers other than those stated. Hutchison Ports KICT reserves its right to upgrade its hardware or software.
6.1 E-Services may be accessed through a user ID and Password, which shall be communicated confidentially to the User through appropriate, secure and convenient means.
6.2 The User is responsible for securing his / its Password. Any transaction conducted through the use of that User ID and Password shall deem to have been made by the User.
6.3 If the User suspects that the confidentiality of his/it’s Password has been compromised, the User must notify Hutchison Ports KICT immediately. Hutchison Ports KICT will block that User ID and allocate a new ID to the User. The User is exclusively responsible for use of E-Services that takes place using the Password and for the distribution
thereof to users other than the User. All transactions on E-Services which are made using a valid Password are regarded as having been made by an authorized User. Hutchison Ports KICT shall not compensate, in any way, for any damage or loss that could arise by reason of unauthorized use of a Password.
6.4 No Hutchison Ports KICT functionary is authorized to obtain the User’s Password.
6.5 The User may request for change of Password by sending a written request to Hutchison Ports KICT. Replacement of Password shall not be construed as the commencement of a new arrangement or account.
7. Intellectual Property Rights
All intellectual property rights, such as copyright, brands etc., as well as all other rights to E-Services, belong to Hutchison Ports KICT a breach whereof shall attract legal consequences.
8. Access to the E-Service
However, Hutchison Ports KICT reserves its right to shut down access to E-Services for fault correction, security reasons, upgrades of hardware or software and any necessary maintenance or repair of E-Services or the hardware on which E-Services is run, or for any other acceptable reason with or without prior notice, Hutchison Ports KICT may at its sole discretion modify the E-Services being provided or discontinue the same by giving the User notice of the said modifications or termination. The User will be deemed to have accepted the said change or termination and shall not have any cause of action against Hutchison Ports KICT.
9. Personal Data & Employees of User
10.1 Hutchison Ports KICT is not liable for any direct or indirect damage or loss to the User or any other person using E-Services. Hutchison Ports KICT is not responsible for any infringement of password regardless of whether this was done by a third party. Hutchison Ports KICT is not liable in relation to the user or a third party for direct or indirect loss, loss of profits or income, or loss caused by the fact that the contents of e-services is in some way incorrect, is shown or is presented incorrectly, or is missing completely due to a fault that rests with Hutchison Ports KICT or any of its suppliers or for other reasons.
10.2 Hutchison Ports KICT is not liable for any transfer errors attributable to the user’s data system, the user’s network or connection to the internet or other faults, delays or disruptions on the internet or other public networks. It is the duty of the User to ensure that his/its pass-word is not used to gain unauthorized access to E-services or in any other way harms the content of e-services.
10.3 There will be no obligation on Hutchison Ports KICT to support all the versions of internet softwares.
11.1 The User undertakes to indemnify and hold Hutchison Ports KICT harmless against any loss suffered by Hutchison Ports KICT, its other customers or a third party or any claim or action brought by a third party which is the result of the improper use of E-Services.
11.3 The User is responsible in full for the User's use of e-services and undertakes to compensate Hutchison Ports KICT for any costs and damages that could arise as a result of the User's use of e-services. This also applies to former employees irrespective of the efficacy of the measures taken by the User to ensure the avoidance of such incidents. Any use of E-Services using a particular User’s password shall be deemed to have been used by the User where to such password was allocated. A Users compliance with the provisions of clause 6 above shall not discharge his obligations in terms hereof.
12. Place of Contract, Applicable Laws and Resolution of Disputes
E-Services are offered in Karachi and are deemed to have been used in Karachi. In the event that any dispute arises between a User and Hutchison Ports KICT then the matter shall fall in the exclusive jurisdiction of the courts of KARACHI, PAKISTAN.