Crime Management Limited

 

Terms and Conditions Governing Applications for Designation as a “Known Consignor” and Use of the Company’s Web Site

 

The Department of Transport has engaged Crime Management Limited, a company incorporated in the Republic of Ireland with its registered office at Regus House, Harcourt Road, Dublin 2 (the “Company”), as security validator for the purposes of conferring “known consignor” designation under the Air Cargo Security Programme (as defined below). Please read these Terms and Conditions carefully as these Terms and Conditions (with the exception of section 9) shall govern the relationship between the Company and each applicant for “known consignor” designation, while section 9 shall additionally apply to the relationship with applicants who apply through the Company’s web site. In addition, sections 6, 9, 10.5 and 10.6 (only) of these Terms and Conditions shall govern the relationship between the Company and all persons merely browsing the Company’s web site (i.e. persons who do not apply for “known consignor” designation).

 

If you make a booking through the Company’s web site, by clicking on the “I Accept” button on the booking form you will be deemed to be legally bound by these Terms and Conditions. Without prejudice to this, by simply using or accessing the Company’s web site you agree to be legally bound by sections 6, 9, 10.5 and 10.6 of these Terms and Conditions.

 

If you book the Company’s services by other means, then your submission of a booking form shall be deemed to be your agreement to be legally bound by these Terms and Conditions (with the exception of section 9).

 

1.  Definitions and Interpretation

1.1 In these Terms and Conditions, the following definitions shall apply:

 

"Air Cargo Security Programme” or “ACSP” means the Air Cargo Security Programme implemented by the appropriate Department of the Government of Ireland which is designed to prevent acts of unlawful interference against civil aviation.

“Applicant" means any company or organisation based in the Republic of Ireland which applies for “known consignor” designation under the ACSP and books or applies to book Services.

“Inspection” means a security inspection of the Applicant’s premises and procedures in place to protect cargo from interference, carried out under the auspices of the ACSP.

"Payment Online" shall be taken to mean that the Applicant makes payment to the Company using a credit card or a debit card.

"Payment by Purchase Order" shall be taken to mean that the Applicant supplies the Company with a purchase order, and the Company forwards an invoice for payment.

"Services" means the services (including, without limitation, an Inspection or Inspections) provided by the Company to each Applicant in connection with the Applicant’s application for “known consignor” designation under the ACSP.

1.2 Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders. Headings are inserted for convenience only and will have no legal meaning or effect.

 

2. Bookings and Payment for Services

2.1 When an Applicant submits a booking form for the Services, the Company reserves the right to accept the booking or to reject the booking until such time as the Applicant complies with any requirements that the Company specifies must be satisfied in order for the Company to accept the booking. Acceptance will be demonstrated by the Company’s web site generating a confirmation of such booking. Unless otherwise agreed between the Applicant and the Company, the Services will not be performed or required to be performed until full payment has been made by the Applicant.

 

2.2 If Payment Online is made, then the Services shall not be commenced until (in the case of credit cards) notice of credit card authorisation has been received by the Company, and any additional conditions that the Company may impose from time to time have been satisfied. If Payment by Purchase Order is made, then the Services shall not be commenced until payment is physically received by the Company.

 

2.3 Without prejudice to sections 2.1 and 2.2, the Company reserves the right, in circumstances where full payment has not been made in accordance with these Terms and Conditions, to (i) cancel any scheduled Inspection; (ii) withhold any report relating to an Inspection; or (iii) not include a Company’s details in the database of “known consignors”, until such time as full payment of the Company’s outstanding invoice(s) has been made by the Applicant.

 

2.4 All payments made by an Applicant to or for the account of the Company hereunder or pursuant to any Service shall be made without withholding or deduction for or on account of any and all present and future taxes (including, but not limited to, VAT, levies, imposts, stamp duties, charges or withholdings of any kind).

 

2.5 The basic fees payable by Applicants from time to time are set out in the FAQs section of the Company’s web site. The Applicant agrees, however, that in addition to the Inspection fees charged at the time of booking, additional fees in respect of expenses incurred by the Company in providing the Services, and database inclusion and amendment fees, where incurred, shall be payable by the Applicant. All payments are due immediately upon receipt of an appropriate invoice from the Company.

 

3. Modification to and Cancellation of Bookings

3.1 An Applicant may apply (either by telephone or e-mail) to modify any booking for Services before a confirmation has been issued for the booking. The Company reserves the right to modify the fee chargeable as a result of such modification or to reject the proposed modification.

 

3.2 The Company reserves the right to charge an Applicant an additional fee where, in the sole opinion of the Company, it will take longer than one working day to carry out the relevant Inspection by reason of the scale of the Applicant’s operations, the size of the Applicant’s premises, or any other factors which result in such a determination by the Company.

 

3.3 Any scheduled Inspection may be cancelled by the Applicant by giving seven (7) days notice to the Company either by telephone or by email, provided that the URN assigned to the particular Inspection is quoted.

 

3.4 Where an Applicant cancels a scheduled Inspection, giving less than seven (7) days notice, a cancellation fee of 20% of the original fee quoted will be chargeable. Where an Applicant cancels a scheduled Inspection more than once, a cancellation fee of 20% of the original fee quoted will be chargeable in respect of each cancellation.

 

3.5 The Company reserves the right to cancel any scheduled Inspection at any time. The Company shall endeavour to give reasonable notice to the Applicant concerned.

 

4. Provisions Regarding the Services

4.1 The Services provided to each Applicant are provided only for that Applicant’s benefit and solely for the limited purpose and use specified in the Air Cargo Security Programme. At no time should the Services or the results of any Inspections carried out by the Company be used to imply either an endorsement or approval of aspects of the Applicant’s security infrastructure, other than those standards attained in order to obtain “known consignor” designation for the purposes of the Air Cargo Security Programme.

 

4.2 The results of any Inspections carried out or reports issued following such Inspections are accepted by the Applicant as being reflective of the state, condition and effectiveness of the Applicant’s security infrastructure, solely as it pertains to the Air Cargo Security Programme, and only on the day of the Inspection(s).

 

4.3 The Services shall not be regarded as replacing or being a substitute for any services undertaken or provided outside of the Air Cargo Security Programme.

 

5. Limitation of the Company’s Liability

 

5.1 The Company undertakes to exercise due care and skill in the performance of the Services. The Company excludes all other express or implied terms, conditions, warranties, representations and undertakings whatsoever with regard to the Services.

 

5.2 In relation to the Services, the Company accepts no liability for any indirect or consequential loss or damage, or for any loss of data, profits, revenue or business (whether direct or indirect) suffered or incurred by any Applicant, however caused, even if foreseeable.

 

5.3 The liability of the Company to any Applicant in respect of any claim for loss, damage or expense of whatsoever nature and howsoever arising shall in no circumstances exceed a total aggregate sum equal to the amount of the fee payable in respect of the Services which give rise to such claim.

 

5.4 The Company shall be discharged from all liability for all claims for loss, damage or expense unless suit is brought within one year after the date of the performance by the Company of the Services which give rise to the claim or in the event of any alleged non-performance within one year of the date when such Services should have been completed.

 

5.5 Nothing in these Terms and Conditions shall be taken to exclude or limit any liability on the part of the Company which may not be limited or excluded by law.

 

6. Privacy Policy

 

The Company collects information about an Applicant’s business for certain purposes. Generally, information is requested when an Applicant is booking and paying for Services and further information is collected by the Company in the course of providing the Services. This information is required for the following purposes: (a) so that the Company can facilitate booking of and provide the Services; and (b) so that the Company can process payments (for example, if an Applicant chooses to pay by credit card, it will be asked to provide its name, card number, card expiry date and other details). The Company may from time to time also use Applicant contact details for the purposes of sending out periodic e-mails relating to security alerts that we feel would be of interest to Applicants. Applicants may unsubscribe to such e-mails by replying to info@cmg.ie and entering “unsubscribe” in the subject box. Each Applicant authorises the Company to use, store and otherwise process information relating to it to the extent necessary to fulfil the foregoing purposes. In addition, the Company may disclose such information to third parties if it is required to do so by law or under the terms of the Air Cargo Security Programme. In particular, information relating to an Applicant may be included in the database of “known consignors” which will be available to regulated agents, nominated airlines and the Department of Transport (see FAQs). Credit card and other payment details that Applicants provide to us may be released by us to third parties for the purposes of authorisation and processing of payments for Services. Information relating to an Applicant will not be shared with third parties without that Applicant’s permission, other than in the case of the limited exceptions referred to.  The Company protects the security of information from loss, misuse, unauthorised access or disclosure and alteration or destruction. Within the Company, data is stored in password-controlled servers with limited access. When a user visits our web site, cookies are placed on the user’s PC or are read if the user has previously visited the site. The Company uses GeoTrust’s^TM TruebusinessID^TM 128bit SSL encryption to safeguard information on its website.

 

7. Applicant Warranties

7.1 Each Applicant hereby warrants to the Company that:

- any person booking Services on behalf of the Applicant is an employee of the Applicant and has authority to make the booking;

- the Applicant’s acceptance of these Terms and Conditions does not breach any other agreement or terms and conditions to which the Applicant is a party;

- the Applicant shall inform the Company if any subsidiary or associate company, or any third party legal entity also prepares, stores or ships air cargo from the premises to be inspected, or avails of any of the applicant’s premises for any other purposes;

- the Applicant will provide all information reasonably required by the Company in order to enable the Company to provide the Services and will not knowingly, recklessly or carelessly make any misrepresentations or incorrect statements to the Company; and

- the Applicant has authority to use any credit or debit card used by the Applicant to pay for Services.

 

8. Intellectual Property Rights

 

8.1 For the avoidance of doubt, the Company shall at all times own and retain the intellectual property rights to all methodologies used by it in the performance of the Services. In addition, the Company (and/or its suppliers and licensors) shall own and retain the intellectual property rights to all material provided to Applicants in the course of the performance of the Services.

 

9. Additional Terms and Conditions for Use of Company Web Site

 

9.1 Only persons using or accessing the Company’s web site (including Applicants) will be subject to sections 9.2 to 9.7.

 

9.2 We reserve the right to alter, suspend or discontinue any aspect of the Company’s web site or the contents or services available through it, including your access to it.

 

9.3 You assume total responsibility and risk for your use of the Company’s web site and use of all information contained within it. The Company excludes all express or implied terms, conditions, warranties, representations and undertakings whatsoever with regard to its web site. While the Company will use all reasonable endeavours to ensure that all materials and information published on its web site are accurate, please note that all materials and information are provided on an “as is” basis.

 

9.4 In circumstances where you suffer loss or damage arising out of or in connection with your viewing, use or performance of the Company’s web site or its contents other than as a direct result of the performance or non-performance of Services, the Company accepts no liability for this loss or damage (except where the Company has been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of the Company or its servants, agents or any other person. In those circumstances, to the extent permitted by applicable law, the Company’s aggregate liability for its own negligence shall not exceed €1,000.

 

9.5 The contents of the Company’s web site are protected by international copyright laws and other intellectual property rights. The owner of these rights is the Company and its suppliers/licensors.

 

9.6 The Company makes no representations whatsoever about any other web sites which you may access through the Company’s web site or which may link to the Company’s web site.

 

9.7 The Company will try to make sure its web site is available but cannot guarantee that its web site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper workings of the Company’s web site and, in particular, you must not attempt to circumvent security, tamper with, hack into or otherwise disrupt any computer system, server, web site, router or any other internet connected device.

 

10. General

 

10.1 The Company may subcontract any or all of its rights and obligations under these Terms and Conditions at any time.

 

10.2 These Terms and Conditions are the whole agreement between each Applicant and the Company and each Applicant acknowledges that it has not entered into this agreement in reliance upon any representation made by the Company or any other person that is not contained in these Terms and Conditions.

 

10.3 If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be severable from the other Terms and Conditions and shall be deemed to be deleted from them.

 

10.4 All notices shall be given to us by e-mail at info@cmg.ie or to you at either the e-mail or postal address you provide during the booking process. The notice will be deemed received when an e-mail is received in full (or else on the next business day if is received on a weekend or a public holiday in the place of receipt) or two days after the date of posting.

 

10.5 The Company may alter these Terms and Conditions from time to time and post the new version on the Company’s web site, following which all applications for “known consignor” designation and all use of the Company’s web site will be governed by that new version. You must check the Terms and Conditions on the Company’s web site regularly.

 

10.6 These Terms and Conditions are governed by Irish law and all Applicants and users of the Company’s web site submit to the non-exclusion jurisdiction of the Irish courts. The terms of the European Communities (Late Payment in Commercial Transactions) Regulations 2002 (SI 388 of 2002) shall apply to any late payments. Any Applicant who is dissatisfied with the outcome of an Inspection may, however, make an appeal to the Department of Transport (see FAQs section of the Company’s web site). All disputes which arise between Applicants or users of the Company’s web site and the Company in connection with these Terms and Conditions, or the subject matter of these Terms and Conditions (other than disputes as to whether or not a particular Applicant should have been granted “known consignor” designation) shall be decided by an arbitrator agreed by the parties or, in default of agreement, appointed by the President for the time being of the Law Society of Ireland or in the event of his being unable or unwilling to do so by the next Senior Officer of the Society who is willing and able to act, provided always that these provisions shall apply also to the appointment (whether by agreement or otherwise) of any replacement arbitrator where the original arbitrator (or any replacement) has been removed by order of the High Court, refuses to act, or is incapable of acting or dies.