These Terms & Conditions govern your use of the OPCBA eCommerce platform and all password-protected areas of our website. Please read them carefully before registering or using any of the services described below.
1. Applicability
a. These Terms & Conditions apply to all use of the OPCBA eCommerce platform, including eServices as defined below, and any other password-protected areas of the OPCBA website.
b. These terms apply in addition to the Basic User Agreement applicable to public areas of OPCBA’s website. If there is a conflict between the Basic User Agreement and this Registered User Agreement, this Registered User Agreement takes precedence to the extent of the conflict.
c. These Terms & Conditions supersede any prior eServices agreement between OPCBA and User.
d. These Terms & Conditions are not a contract of carriage. Except where expressly stated, they do not affect or form part of any contract of carriage with OPCBA.
OPCBA may refuse at any time to perform services it reasonably considers to be in breach of these Terms & Conditions, non-compliant with Economic Sanctions, illicit, illegal, or impossible to perform due to safety considerations.
2. Terms Subject to Change
OPCBA may modify these legal terms at any time without prior notice. By continuing to use the eServices, you accept these modifications. Check this page regularly to stay aware of the latest changes.
3. Definitions
a. “Account” means a personal, non-transferable internet account assigned to the customer for purchasing eServices.
b. “Affiliate” means any entity that directly controls, is controlled by, or is under common control with OPCBA. “Control” means direct or indirect ownership of 50% or more of voting interests or voting rights in the controlled entity.
c. “Agent” means any relevant agent of OPCBA or its Affiliates involved in performing the eServices.
d. “OPCBA” means OPCBA and all its brands.
e. “Content” means any information, data, document, text, image, or other material made available to the User via the OPCBA eCommerce platform or website.
f. “eCommerce platform” includes all areas of the OPCBA website accessible by registration only.
g. “Economic Sanctions” means any international and national economic sanctions, including those imposed by the United Nations, European Union, UK, and U.S., and their corresponding banned entities lists such as the OFAC Specially Designated Nationals and Blocked Persons List and the EU List of Persons and Entities Subject to Financial Sanctions.
h. “eServices” means all information and services obtained by the User via registration to use the Website.
i. “Terms & Conditions” means these terms of use, including any agreement, manual, instruction, or other document incorporated by reference.
j. “User Materials” means any information, data, or content posted or uploaded by the User to the OPCBA website.
k. “User” means the individual or company in whose name the registration is sought, and any individual allowed access to the Website by a registered user.
l. “You” and “your” means every individual accessing password-protected areas of the Website and every company on whose behalf the individual is accessing the Website.
4. Authorized Use
OPCBA grants you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Website and any programs, services, tools, materials, or information made available through it, conditioned on your continued compliance with these Terms & Conditions. You may display, print, copy into computer memory, and download Content for your own internal business purposes as necessary to effectively use the eServices. All such copies remain the property of OPCBA. This limited license permits use of the Website for legitimate business purposes only.
OPCBA is committed to complying with all applicable Economic Sanctions. Account creation is subject to a prior compliance check. OPCBA reserves the right to decline account creation if the User or any party appearing in any contract of carriage appears on any sanctions list or is linked to a sanctioned entity.
5. Unauthorized Use
Except as expressly authorized, you may not use the Website for any improper purpose or in any manner not specifically permitted. The following activities constitute unauthorized use:
a. Copying, storing, reproducing, transmitting, distributing, displaying, renting, leasing, selling, modifying, licensing, sublicensing, or commercially exploiting any Content in any manner not expressly permitted.
b. Modifying, translating, decompiling, creating derivative works of, copying, distributing, disassembling, or reverse engineering the Website.
c. Using any automatic device, program, script, algorithm, or manual process to access, acquire, copy, or monitor any portion of the Website, or circumventing the navigational structure to obtain materials not purposely made available.
d. Attempting to gain unauthorized access to any portion of the Website, including another User’s account, or any systems or networks connected to the Website, by hacking, password mining, or other illegitimate means.
e. Probing, scanning, or testing the vulnerability of the Website or any connected network, or breaching security or authentication measures.
f. Reverse look-up, tracing, or seeking to trace any information on any other User.
g. Taking any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, or using any device, software, or routine to interfere with the proper working of the Website.
h. Forging headers, impersonating a person, or otherwise manipulating identifiers to disguise your identity or the origin of any message.
i. Using the Website in an unlawful manner or in a way that could damage, disparage, or negatively impact OPCBA.
6. User Obligations
a. By using the Website, you represent that you are at least the legal age of majority and will provide true, accurate, current, and complete information when submitting information or materials. If you provide false, inaccurate, or incomplete information, OPCBA reserves the right to immediately terminate your access.
b. You agree to abide by all applicable local, state, national, and international laws and regulations. You shall not use or disclose any personally identifiable information received from OPCBA in a manner not permitted by these Terms & Conditions. These Terms & Conditions are subject to applicable export laws, orders, restrictions, and regulations.
c. Use of the Internet and access to the Website is solely at your own risk. While OPCBA has endeavored to create a secure and reliable Website, the confidentiality of any communication transmitted over the Internet cannot be guaranteed. OPCBA is not responsible for the security of information transmitted to or from the Website.
d. You assume all responsibility for activities related to your use of the Website, including providing support or meeting requirements for contracts with third parties, obtaining and paying for licenses and costs for third-party software and hardware, and maintaining and backing up data. Support, training, updates, upgrades, or maintenance for the eServices shall only be available through OPCBA’s sole discretion or pursuant to a separate written agreement.
7. Requests and Instructions
You acknowledge and agree that OPCBA may rely on all service requests, instructions, messages, letters, agreements, contracts, authorizations, acceptances, approvals, undertakings, and acknowledgments (“Requests”) sent by you via the Website. OPCBA may treat such Requests as (a) an expression of your legal intent; (b) “written” and “signed” by you; and (c) binding and conclusive evidence against you. The electronic signature affixed by you via the Website on all Requests has the equivalent legal effect of a handwritten signature. You agree not to contest the validity or enforceability of Requests on the grounds that they are concluded electronically.
8. Protection of Passwords
OPCBA is not responsible for unauthorized use of your password or account. You are responsible for protecting the security and confidentiality of your password and account, including:
a. Your password should consist of at least eight (8) characters with a mix of upper case letters, lower case letters, numbers, and characters.
b. Change your password regularly. OPCBA recommends changing it every 90 days.
c. Keep your account password and information confidential and do not share it with any other person.
If you lose your password or become aware of unauthorized access to your account, notify OPCBA immediately. If you leave the company on whose behalf you are registered, notify OPCBA and terminate your account immediately.
9. Privacy Policy
Use of the Website requires the submission, use, and dissemination of various personal identifying information. Your use of the Website constitutes acceptance of OPCBA’s personal identifying information collection and use practices. OPCBA’s practices comply with the European Data Protection Directive through the U.S. Department of Commerce Safe Harbor Program and the Fair Information Process established by the OECD. Please see OPCBA’s Privacy Policy for a summary of these practices.
10. Proprietary Rights
These Terms & Conditions provide only a limited license to access and use the Website. OPCBA transfers no ownership or intellectual property interest in the Website to you. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code, programs, software, products, information, and documentation, as well as the design, structure, selection, coordination, expression, and arrangement of any Content on the Website, are owned, controlled, and licensed by OPCBA and its successors and assigns, protected by all worldwide applicable copyright, trade secret, patent, and trademark laws. Except as expressly provided, OPCBA does not grant any express or implied right under any intellectual or proprietary rights.
11. Provision of eServices
OPCBA shall use commercially reasonable efforts to make the eServices available. If the eServices are unavailable due to OPCBA’s failure to perform, OPCBA will endeavor to correct the failure. OPCBA may change the scope of eServices at any time. If you become dissatisfied with the eServices, your only recourse is to immediately discontinue use and notify OPCBA.
12. Accuracy of Content
OPCBA uses commercially reasonable efforts to ensure Content accurately reflects OPCBA’s records or information received from third parties. However, OPCBA makes no warranties as to the quality, accuracy, completeness, or timeliness of the information. Certain content is provided for information only and may change. No notification generated in connection with the eServices shall be deemed an acceptance of obligations contrary to the contract of carriage.
13. Disclaimer of Warranties
OPCBA makes no representations or warranties in connection with the eServices and expressly disclaims all warranties, express or implied, including any warranty of merchantability, fitness for a particular purpose, non-infringement, or any other implied warranty. OPCBA also makes no representation or warranty that the Website will operate error-free or uninterrupted, or that downloaded files will be free of viruses or destructive features.
14. User Content
a. You are solely responsible for the accuracy and completeness of all User Materials and communications received by OPCBA. OPCBA and its agents are not liable for any delay or loss resulting from inaccurate, incomplete, or unreceived communications.
b. If you request cancellation or modification of a communication already received, OPCBA will make reasonable efforts to comply but is not liable for any failure to do so.
c. You shall ensure that User Materials do not infringe any intellectual property right or other third-party right and are not defamatory, unlawful, or otherwise likely to give rise to any claim. You shall indemnify and hold harmless OPCBA and its affiliates, associates, and agents against any claims, losses, actions, proceedings, damage, or other liabilities arising from any breach of this clause.
15. eServices
Registered Users may select varying service packages. Not all services are available to all customers or in all areas. Certain services require preapproval by OPCBA. OPCBA reserves the right to revoke, discontinue, or modify any service at any time. Use of eServices is subject to these Terms & Conditions and any module instructions or separate user guide.
A. General Documentation Services
(1) These include bill of lading draft production and approval, access to copies of bills of lading and sea waybills, sea waybill and original bill of lading production, and the ability to print sea waybills.
(2) You shall never sign any original bill of lading on behalf of OPCBA or add to, delete, amend, or supplement any term, condition, heading, provision, or other written item without OPCBA’s prior written consent.
B. OBL Printing Services
(1) OPCBA does not guarantee the ability to print original bills of lading via the eCommerce platform in all global locations. OPCBA shall not be liable for damages arising from unavailability of this service.
(2) OPCBA may at any time limit OBL printing services to printing sea waybills.
(3) If authorized to print original bills of lading, OPCBA will provide a fixed quantity of Blank Forms.
(4) You shall ensure OPCBA is provided with all information necessary to issue the bill of lading.
(5) Original bills of lading shall only be printed directly onto the Blank Forms, not copied by any other method.
(6) You shall not print more bills of lading than the exact number authorized. If more are printed, immediately inform OPCBA and comply with all instructions for destruction or return.
(7) OBL printing procedure: You agree to comply with the following:
a. Acknowledge receipt of Blank Forms in writing.
b. Use Blank Forms only to print electronic files provided by OPCBA for authorized original bills of lading.
c. Set up and maintain appropriate security procedures for safeguarding Blank Forms, including: maintaining records of serial numbers and usage; storing in a safe and secure location; administrative procedures to prevent loss; preventing alteration or modification; and returning remaining Blank Forms to OPCBA within seven (7) days of termination or demand.
d. Inform OPCBA immediately of any misuse, loss, or unauthorized access to Blank Forms.
e. Upon reasonable notice, allow OPCBA access to locations where Blank Forms are stored.
f. Not re-print any original bill of lading without OPCBA’s express written authorization. You shall only reprint in compliance with OPCBA’s requirements and conditions.
g. You are the only party authorized to print original bills of lading. This authority may not be delegated without OPCBA’s written consent.
h. You are responsible for all Blank Forms in your possession and strictly liable for misuse. Misuse constitutes a breach subject to indemnification obligations.
C. Paperless B/L Services
(1) These include issuance, transfer between users, surrender to carrier, and management of bills of lading in electronic form only.
(2) Access requires acceptance of specific terms. Performance of Paperless B/L services is always subject to those terms, which prevail over these Terms & Conditions in case of discrepancy.
(3) Paperless B/L terms apply throughout your access and until final settlement of rights and obligations under the contract of carriage.
(4) OPCBA reserves the right to suspend or restrict access if you breach applicable terms, or to comply with governmental orders, upon reasonable suspicion of misrepresentation or fraud, upon reasonable suspicion of false information, or in an emergency to protect the Website.
(5) OPCBA’s liability for Paperless B/L services is limited to its liability under the relevant bill of lading and applicable terms.
D. Shipment Services
(1) These include quotes for carriage, online booking, shipping instruction submission, and General Documentation services. You consent to OPCBA sharing information with third parties related to bookings, shipping instructions, bills of lading, and other carriage documents.
(2) OPCBA reserves the right to refuse instructions received via the eCommerce platform.
(3) Online booking is a tool to facilitate information exchange before forming a contract of carriage. OPCBA may issue a conditional booking confirmation in response to a booking request.
E. Invoicing/Payment Services
(1) These include access to original invoices, invoice copies, and payment status. Availability varies by location.
(2) Invoicing information may not reflect recent payments, additional charges, or necessary corrections.
(3) Certain charges may be eligible for credit card payment. Fees associated with your chosen method are solely for your account.
(4) For ePayment Services, the provisions in Appendix A apply to the countries listed therein.
F. Additional or Different Services
Service offerings may change. All eServices are subject to these Terms & Conditions even if not specifically mentioned. Use must strictly follow instructions in applicable modules and user guides. Non-compliance constitutes a breach and unauthorized use.
16. Limitation of Liability
You expressly absolve and release OPCBA from any claim of harm, loss, or damage resulting from causes beyond OPCBA’s control, including failure of electronic or mechanical equipment, communication lines, terminal or port congestion, telephone or connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes, labor problems, wars, or governmental restrictions.
In no event shall OPCBA be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or connected with use of the Website, delay or inability to use the Website, or any information, services, programs, products, and materials available through the Website, whether based in contract, tort, strict liability, or otherwise, even if OPCBA has been advised of the possibility of such damages.
17. Indemnity
You agree to defend, indemnify, and hold harmless OPCBA and its affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of these Terms & Conditions.
18. Legal Authority
You undertake, represent, and warrant that:
a. You understand and acknowledge that acceptance of these Terms & Conditions results in a valid and binding agreement.
b. You have the legal and other requisite authority to enter into these Terms & Conditions with valid and binding effect on you and/or any entity you represent.
c. You will only use the eServices in compliance with these Terms & Conditions.
19. Notice of Security Breach
If you discover or are notified of a breach or potential security breach involving personally identifiable information provided by OPCBA, you shall immediately (i) notify OPCBA, and (ii) if the applicable data was in your possession or control, (a) investigate the breach, (b) inform OPCBA of results, (c) assist OPCBA in maintaining confidentiality, and (d) assist OPCBA as reasonably necessary to comply with applicable laws regarding notice of security breaches.
20. Enforcing Security
Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution. OPCBA reserves the right to view, monitor, and record activity on the Website without notice, including archiving notices or communications. Information obtained is subject to review by law enforcement and disclosures required by applicable law. OPCBA will comply with all court orders. OPCBA reserves the right to modify, suspend, terminate, or interrupt operation of or access to the Website to protect the Website, OPCBA, or OPCBA’s business.
21. Term and Termination
These Terms & Conditions and your right to use password-protected areas take effect when you click “I ACCEPT” or access a password-protected area, and remain effective until terminated. OPCBA reserves the right on reasonable grounds, including reasonable belief of fraudulent or unlawful activity or violations of these Terms & Conditions, to deny access. These Terms & Conditions terminate automatically if you fail to comply, subject to survival of certain provisions. Termination is effective without notice.
OPCBA reserves the right to deactivate your account and erase all data if you do not sign in for a period exceeding eighteen (18) months.
You may terminate these Terms & Conditions by ceasing to use the Website, but all applicable provisions survive termination, including those concerning proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law.
If the User, any entity in the Contract of Carriage, or the Cargo becomes subject to Economic Sanctions, OPCBA may immediately terminate all contracts without compensation. If containers are already on board, they may be discharged at any place and time OPCBA deems convenient, at your cost.
22. Governing Law
These Terms & Conditions are governed by French law. Any dispute arising in relation to the use of the OPCBA Website and the services set out herein which cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the French courts.
23. Miscellaneous
a. You acknowledge that any breach of these Terms & Conditions will cause irreparable injury to OPCBA, not quantifiable in monetary damages. OPCBA shall be entitled to seek injunctive or equitable relief without posting bond.
b. These Terms & Conditions are personal to you. You may not assign your rights or obligations without OPCBA’s prior written consent.
c. Failure by OPCBA to insist on strict performance shall not operate as a waiver of that or any subsequent default.
d. If any provision is determined void, invalid, or unenforceable, the remaining provisions shall remain in effect and the invalid provision shall be modified to most closely match the original intent in compliance with applicable law.
e. No joint venture, partnership, employment, or agency relationship exists between you and OPCBA as a result of these Terms & Conditions or your use of the Website.
f. Headings are for convenience only.
24. Cancellation & Refund Policy
a. Any sums paid for services are not subject to cancellation unless cancellation occurs before OPCBA processes the order and performs the services.
b. If OPCBA refuses to perform the services ordered, or if you request a refund that is accepted by OPCBA before execution of services, OPCBA will issue a refund within seven (7) working days. For refund requests, contact OPCBA at the address specified below.
c. Following any chargeback claim to your bank or financial institution, promptly inform OPCBA, indicating the payment reference number and invoice number. If services were not performed in accordance with the contract of carriage, sums paid will be credited within fourteen (14) working days after OPCBA is informed of the chargeback claim.
d. For payment-related support, requests, and claims, contact OPCBA at sales@opcba.com.
