Terms and Conditions

The utilization of ModConReg Application ("ModConReg"), managed by the International Institute of Modified Containers ("IIMC"), an association governed by the principles of CSC, with the registered office situated at Javavej 1, 8240, Aarhus, Denmark, is subject to the following terms and conditions ("T&Cs").

ModConReg has been developed and is technically supported by Modified Container Registry Ltd. ("MCR") in collaboration with IIMC. The platform adheres to the latest Modified Container Code ("MCC").

The term "Subscriber" refers to a legal entity authorized by MCR to upload Container Data (as defined below) to ModConReg and/or access ModConReg under the T&Cs. The Subscriber is the legal entity identified as the "Company" on the sign-up form. The individual completing the sign-up form warrants that they have the necessary rights to upload and/or access the Data on behalf of the Subscriber (Company) and acknowledges that such actions bind the Subscriber to the T&Cs.There are multiple role types:

Logistics: Refers to a logistics operation, such as a terminal, port, agent, or other companies involved in the logistics chain, requiring access to logistics roles.
Owner: Refers to an owner or principal operator of Containers.
Assessor: Refers to an assessor authorized to certify/inspect modified containers in accordance with MCC.
Workshop: Refers to a workshop authorized to modify containers according to MCC.
Administrator: Refers to an administrative organization on the platform.

Exception: Certain data is publicly available and may be accessed through the public API for public interests and safety.

The terms "Modified Containers" and "Containers" encompass freight containers and units that operate under the International Convention for Safe Containers and comply with the specifications outlined in ISO standards (ISO 668 and ISO 6346). In the case of "Modified Containers," they also conform to the MCC.

Unless otherwise agreed in writing by ModConReg, these T&Cs supersede any conflicting provisions issued by the user under their own terms and conditions.

1. Services

1.1 Roles and Data Registration

Logistics: Role for flagging containers with related descriptions and flagging types.
Owner: Role for updating the Periodic Examination Scheme (PES), changing ownership, and decommissioning non-compliant containers.
Assessor: Role for documenting container characteristics, modifications, and issuing MCC certificates/records.
Workshop: Role for verifying assessors' submitted data and guaranteeing performed work on containers.
Administrator: Role for managing the platform, updating/rejecting/auditing data, and acting as the authority on registered information. They also have the right to be involved in incidents related to MCC-certified units/containers.

1.2 Container Data Registration

Access to Data Flags: Logistics companies can flag containers with messages such as "Information," "Discrepancy," "Incident," or other relevant container-related messages. Only authorized roles and associated users can view flagged containers.
Clearing of Flags: Flags on containers are cleared periodically and should be cleared annually.
Owner/Operator Responsibility: The Owner/Operator must have legal rights to claim ownership or control of the containers and take responsibility for their management, including transferring ownership and decommissioning containers when necessary.
Assessor Withdrawal: Assessors have the option to withdraw their approval for containers.
Subscriber Risk and Future Features: Subscribers assume all risks associated with the information and notices on ModConReg, including any future uploadable information. MCR reserves the right to introduce new features to ModConReg.

1.3 Data Access and Availability

Confidential and Accessible Data: Certain data (uploaded files) are confidential and can only be accessed by assigned assessors, workshops, and the current owner of the unit/container. Other data is accessible to logistics users and limited access is granted to other platform users.
Administrator Access: Administrators have full access to all base/record materials and data. They are involved in violations, audits, incidents, and may need to provide information to third parties based on legal obligations.
Access Methods: Subscribers can access data through identifiable container information, including MCR Unique Identifier, Classification Society Approval & Identification No. (Statically Unique), and Container Number (ISO 6346) (Dynamic). Subscribers may also be granted access through an Application Programming Interface (API) designed for ModConReg.
API Compatibility and Modifications: The compatibility of the Website with the API is not guaranteed, and MCR may modify ModConReg without liability to Subscribers if such modifications render the platform incompatible with the API or require additional development.
Access Continuity: IIMC/MCR/ModConReg does not guarantee continuous access to the platform and reserves the right to temporarily close access for maintenance purposes. Reasonable efforts will be made to inform Subscribers prior to any closure, except in emergency situations.

2. Formation and Termination of the Agreement

2.1 Agreement Formation

The Agreement is established upon the Subscriber's acceptance of the T&Cs. By signing up, registering, or using the platform, the Subscriber indicates their full understanding and acceptance of the T&Cs, thereby forming the Agreement.

2.2 Termination by IIMC/MCR

The IIMC/MCR reserves the right to terminate the Agreement immediately and without prior notice, without incurring any obligation to indemnify the Subscriber. Termination may occur if it is determined that the Data related to a unit/container are inaccurate, fraudulent, or insufficient; if the Subscriber has used the Data for illegal purposes or activities that harm ModConReg or third parties; if the Subscriber has been found guilty of unlawful or criminal actions by a court decision; or if termination is mandated by a judicial order. In such cases, the IIMC/MCR retains the right to pursue any applicable legal remedies.

2.3 Termination by Subscriber

The Subscriber may terminate the Agreement by providing written notification, without the obligation to provide any justification.

2.4 Consequences of Agreement Termination

All assigned records and associated data will be locked, and Subscriber access will be disabled.
Database entries are generally immutable and cannot be altered or modified.
The Subscriber's rights and privileges related to the Agreement will cease to exist.
Any outstanding obligations or responsibilities of the Subscriber under the Agreement shall remain in effect.
The IIMC/MCR shall have no liability for any loss of data or information resulting from the termination of the Agreement.

Please note that the termination of the Agreement may be subject to additional terms and conditions as specified in other sections of the T&Cs.

3. Security

3.1 Subscriber's Obligations

The Subscriber shall be provided with appropriate credentials for accessing ModConReg and shall ensure that each of its employees/consultants is assigned their individual credentials, which must not be shared with any other individual or legal entity under any circumstances.

The Subscriber is responsible for regularly updating access details and Static API Keys in the event of theft. Furthermore, the Subscriber is solely responsible for maintaining the confidentiality of passwords and accounts associated with ModConReg, including those of its employees accessing the platform through accounts created by the Subscriber. The Subscriber is accountable for all access and usage of ModConReg using its passwords.

3.2 Unauthorized Access

The MCR bears no responsibility for any unauthorized access or use by third parties who gain independent access to the Subscriber's ModConReg instance or related information.

In the event of any unauthorized use of user accounts or any other security breach resulting from the activities of the Subscriber's end-users or any vulnerabilities believed to be present in or caused by ModConReg, the Subscriber shall promptly notify ModConReg. This will enable ModConReg to take appropriate remedial measures as deemed necessary.

Failure on the part of the Subscriber to comply with the provisions of this section shall absolve the MCR of any liability for loss or damage incurred.

3.3 Anti-virus Software

Both the MCR and Subscribers agree to (i) maintain and update industry-standard anti-virus software within their respective computer systems and (ii) make commercially reasonable efforts to scan email attachments for viruses before saving them to their organization's hard drives or servers.

Subscribers authorized to access ModConReg shall assume full responsibility for any damage caused to ModConReg or the MCR's IT system resulting from viruses, Trojan horses, logical bombs, worms, or any other code or instruction that affects programs, software, data, files, databases, computers, or other equipment or components of the MCR as a result of the connection between the MCR's IT systems and the Subscriber's IT systems via ModConReg.

3.4 Responsibility for Uploaded Files

The MCR explicitly disclaims any responsibility for the files uploaded by Subscribers onto the ModConReg platform. The MCR does not guarantee the accuracy, legality, or appropriateness of such files. The Subscriber acknowledges that it is solely responsible for any files it uploads to ModConReg and assumes all risks associated with the use, storage, and transmission of such files.

The MCR shall not be liable for any loss, damage, or legal consequences arising from the content or nature of the uploaded files. It is the Subscriber's responsibility to ensure that any uploaded files comply with applicable laws, regulations, and intellectual property rights.

The MCR reserves the right to remove any files that are deemed inappropriate, infringing, or in violation of the terms and conditions of ModConReg. However, the MCR shall not be obligated to actively monitor or review the content of uploaded files.

The Subscriber agrees to indemnify and hold the MCR harmless from any claims, losses, or damages arising out of or related to the uploaded files or the Subscriber's use of ModConReg.

4. Limitation of Liability

4.1 Data Accuracy and Legality

The MCR shall not be liable for the accuracy, completeness, or legality of any data uploaded to ModConReg by the involved parties, including but not limited to information on container ownership and certifications, or for any damages that may result directly or indirectly from the use of such data by subscribers or third parties.

4.2 Indemnification

The Subscriber shall indemnify the MCR against any damages, including third-party claims, resulting from any breach of the representations made in articles 1.1 or 1.2, or from any claims made against the MCR in relation to the nature, completeness, or legality of data uploaded to ModConReg.

4.3 Liability Limitation

The MCR's liability towards a Subscriber shall not exceed €1,000. The MCR shall not be liable for any special, incidental, consequential, indirect, exemplary, or punitive damages or liabilities arising out of or relating to the Agreement, including but not limited to damages for lost profit, lost revenue, loss of use, loss of goodwill, loss of reputation, loss of data, regulatory fines, costs of recreating lost data, the cost of any substitute equipment, software program, or data, regardless of whether the possibility of such damages or liabilities was communicated to the MCR, or whether the MCR had or gained knowledge of the existence of such damages or liabilities.

4.4 File Content

The MCR shall not be responsible for any files or content uploaded to ModConReg by any Subscriber or third party. The Subscriber assumes full responsibility and liability for any files or content uploaded to ModConReg.

5. Intellectual Property and Personal Data

5.1 Ownership of Data

The MCR acknowledges that it does not claim ownership of any data entered into ModConReg by Subscribers. The Subscriber retains full ownership rights over their data.

The Subscriber recognizes that ModConReg was created through the MCR's initiative and investment. The MCR is the sole producer of ModConReg, and the Subscriber agrees not to extract or reuse a substantial part of ModConReg without the prior written consent of the MCR.

5.2 API License

If a Subscriber is granted access to the API, they will receive a limited, non-exclusive, non-transferable license for internal business use, subject to their role within ModConReg. The use of the API is restricted to the Subscriber's employees or consultants. The MCR reserves the right to set limitations on the number and type of queries per user, key, or Subscriber to ensure system stability.

5.3 Privacy Policy and Personal Data

Protecting the privacy and confidentiality of personal data is of utmost importance to MCR. When utilizing our services, we may collect certain personal data from Subscribers, which may include names, email addresses, and other relevant information. This data is collected solely for the purpose of managing the client relationship and ensuring the smooth operation of ModConReg.

MCR is committed to using personal data in accordance with applicable data protection laws and regulations. We will not disclose, sell, or share personal data with any third parties unless required by law or with the explicit consent of the Subscriber.

For detailed information about how MCR handles personal data, please read our full Privacy Policy. The Privacy Policy outlines the types of personal data we collect, how we use and protect it, and the rights and options available to Subscribers regarding their personal data.

It is important to note that certain company information, including user names and last names associated with contractual responsibilities, cannot be redacted or deleted until all associated containers have been decommissioned for a minimum period of 10 years. This is necessary to maintain a comprehensive and accurate historical record of container-related activities and fulfill any legal obligations.

We implement appropriate technical and organizational measures to protect personal data against unauthorized access, loss, alteration, or destruction. However, please be aware that no data transmission over the internet or electronic storage method is completely secure, and we cannot guarantee absolute security of personal data.

If you have any concerns or inquiries regarding the handling of personal data or would like to exercise your rights regarding data protection, please contact us using the provided contact information.

6. Language

In the event of any discrepancies or inconsistencies between different language versions of the Terms and Conditions, the English version shall take precedence and prevail over any other version.

7. Applicable Law

The execution, interpretation, performance, termination, or cancellation of the Agreement shall be governed by and construed in accordance with the laws of Denmark.

8. Modifications to the Agreement

ModConReg reserves the right to modify the Terms and Conditions at any time. Any modifications to the Terms and Conditions will be effective immediately upon posting on the ModConReg platform or notifying subscribers through other means, such as email or in-app notifications. It is the responsibility of subscribers to review the Terms and Conditions periodically for any changes. Continued use of the ModConReg platform after modifications to the Terms and Conditions constitutes acceptance of the modified terms.

9. Jurisdiction

Any dispute arising out of or in connection with the Agreement, including its execution, interpretation, performance, termination, or cancellation, and their consequences, shall be exclusively subject to the jurisdiction of the Danish court that has authority over ModConReg's registered office.