Terms of use

Please read the following terms of use carefully prior to using the Tank4Swap(T4S) PLATFORM (THE PLATFORM). Upon accessing the platform either as a subscriber or on behalf of one, you are indicating your full acceptance of these terms.

Having been accepted by an Authorized User at the first access to the Platform, these terms might also need to be accepted by the subsequent Authorized Users, in which case no separate contract between the SUBSCRIBER and Tank4Swap (T4S) INC will be created unless there are modifications in the Terms. In this incident, the first Authorized User is responsible for binding the SUBSCRIBER to the updated Terms. Tank4Swap (T4S) INC. is entitled to make changes to the Terms at any time and SUBSCRIBERS will be informed of the updates both within the Platform and via email after which the Subscribers’ continue access to the Platform will indicate the acceptance of the new/revised Terms.

Tank4Swap (T4S) INC. owns and operates this Platform. Any reference to capitalized terms including Tank4Swap (T4S) INC., SUBSCRIBERS, Authorized Users, etc. are defined in section 18 of the definitions below.

Upon initial access to the Platform, the “terms of use” must be accepted by the Authorized User. Subsequent Authorized Users may also be required to accept these terms, unless modifications have been made. If modifications have occurred, the responsibility falls on the first Authorized User to bind the SUBSCRIBER to the updated terms. Tank4Swap (T4S) INC., as the owner and operator of the Platform, has the right to modify the terms at any time. SUBSCRIBERS will be notified of these updates through both the Platform itself and email. By continuing to access the Platform after receiving such notifications, SUBSCRIBERS indicate their acceptance of the new or revised terms. Definitions for capitalized terms, such as Tank4Swap (T4S) INC., SUBSCRIBERS, Authorized Users, etc., can be found in section 18 of the definitions below.

GENERAL TERMS

The platform enables suppliers to present their services / units to users / buyers having been granted access to the Platform as well as to secure corresponding transaction contracts with users. The Supplier will, therefore, benefit every single effort made by (T4S) INC to schedule the implementation of the corresponding transaction contracts in order to promote further negotiations.

The Platform does not provide the subscribers with commercial services such as fixing prices, quantities, and assigning customers and markets, and neither does it work as a medium for exchanging the Tank4Swap confidential or commercially-sensitive company-related information.

Subscribers need to ensure they abide by competition laws themselves, relying on their own legal advice; thus, neither the Platform nor its staff can be held responsible in case any violations in competition laws occur.

The Platform allows suppliers to showcase their services/units to users/buyers who have been granted access to the Platform. It also facilitates the establishment of transaction contracts between suppliers and users. Consequently, the Supplier benefits from the efforts made by (T4S) INC to schedule the implementation of these transaction contracts, thereby encouraging further negotiations.

It’s important to note that the Platform does not offer commercial services to subscribers, such as setting prices, quantities, or assigning customers and markets. Additionally, it does not serve as a platform for exchanging confidential or commercially sensitive information related to Tank4Swap.

Subscribers are responsible for complying with competition laws and should seek their own legal advice. Therefore, neither the Platform nor its staff can be held accountable in the event of any violations of competition laws.

 

1. Sign-in Information and Data Protection

1.1 To gain access to the Platform and utilize its services, the necessary Login Details must be obtained from Tank4Swap (T4S) INC. The granting or restriction of Login Details and access permission is at the discretion of the Platform.

1.2 SUBSCRIBERS are responsible for directing their Authorized Users not to share the Login Details or grant access to the Platform to any third party, except for themselves. They are also accountable for any use of the Platform by their Authorized Users. In the event of unauthorized access to the Platform, the SUBSCRIBERS will be held liable.

1.3 To set up an Authorized User on the Platform and provide them with the relevant Login Details, the SUBSCRIBERS must submit details of each Authorized User to Tank4Swap (T4S) INC. Tank4Swap (T4S) INC. is not obligated to verify whether those accessing the Platform and using the Login Details are formally authorized by the SUBSCRIBER. It will assume that anyone with access to the Platform is authorized by the SUBSCRIBER.

1.4 The SUBSCRIBER is responsible for ensuring that all Authorized Users are adequately trained to use the Platform and are subject to proper monitoring.

1.5 Each SUBSCRIBER must take all necessary measures to prevent anyone other than the Authorized Users from accessing the Login Details.

1.6 If Tank4Swap (T4S) INC. becomes aware or suspects unauthorized access or misuse of the Platform, it has the right to modify the SUBSCRIBER’s access level and/or enhance the Platform’s security. Similarly, the SUBSCRIBER is expected to promptly inform Tank4Swap (T4S) INC. in writing or by telephone about any potential unauthorized access or misuse.

2.Confidentiality and Privacy Non-disclosure

2.1 All information obtained from the Platform should be treated as confidential. The SUBSCRIBER is not allowed to disclose this information to any third party, unless they are involved in the conduct of the business or have legal authorization to access it. However, this does not apply to information that: A) is lawfully owned by the SUBSCRIBER, B) is already publicly known or becomes public in the future (excluding cases where this section is violated), C) needs to be disclosed due to legal or regulatory requirements, or D) is trivial or obvious. Tank4Swap (T4S) INC. reserves the right to disclose information about the use of the Platform, obtained from the Platform, in anonymous and aggregated form for benchmarking, modeling, and other relevant reports.

2.2 Tank4Swap (T4S) INC. has the right to process, disclose, and transfer personal information in accordance with the guidelines outlined in the Privacy Policy, which the SUBSCRIBER has read and agreed upon. Therefore, any collection, use, processing, disclosure, and transfer of personal data by Tank4Swap (T4S) INC. in accordance with the Privacy Policy is considered legally permissible.

2.3 Unless the SUBSCRIBER objects, Tank4Swap (T4S) INC. has the right to publish or disclose information about any SUBSCRIBER and their performance on the Platform through “Public Company Profiles” to third parties

3. the Platform Integration with SUBSCRIBER Infrastructure

3.1 The SUBSCRIBER is responsible for the following: a) Selecting, providing, maintaining, and supporting the SUBSCRIBER Systems. b) Collaborating with Tank4Swap (T4S) INC. on matters related to the Platform. c) Ensuring compatibility of the SUBSCRIBER Systems with leading software on the Platform.

3.2 Tank4Swap (T4S) INC. has no obligation to configure the SUBSCRIBER Systems or ensure a reliable or interoperable connection between the SUBSCRIBER Systems and the Platform. Tank4Swap (T4S) cannot be held responsible for communication failures, distortions, or delays during the use of the Platform.

3.3 Tank4Swap (T4S) INC. has the legal right to supervise and modify the following at its discretion: a) The appearance, configuration, performance, and content of the Platform. b) The accessibility of the Platform to individuals at any place or time. c) The application of security guidelines, protocols, and procedures in the Platform and the SUBSCRIBER Systems. d) The policies and procedures used to access and use the Tank4Swap (T4S) Platform.

3.4 The SUBSCRIBER acknowledges that factors such as external circumstances, Platform performance, and access device location may affect Platform response times. The SUBSCRIBER also understands that access to the Platform may be restricted or unavailable during peak demand periods, system upgrades, routine or emergency maintenance, Force Majeure Events (unforeseeable circumstances), etc. Therefore, Tank4Swap (T4S) INC. does not guarantee the continuous performance or availability of the Platform.

3.5 By accessing or using the Platform, the SUBSCRIBER and each Authorized User are deemed to agree with the contents of: a) The Privacy Policy. b) The Code of Conduct. c) Legal announcements and conditions that are specified to replace specific arrangements of the terms.

4. Guidelines for Platform Usage

4.1 The Platform can only be used by SUBSCRIBERS for submitting or searching information about the availability of empty Iso Tanks/Containers+Flexi Tanks and Slots (Availability Information). It cannot be used for any other purposes, including sharing availability information to allocate customers or markets or determine pricing or quantities.

4.2 SUBSCRIBERS are responsible for the following regarding each Iso Tank/Container+Flexi Tank or Slot:

1. Providing complete, accurate, and up-to-date Availability Information.
2. Confirming the accuracy and clarity of the relevant Availability Information.
3. Immediately informing Tank4Swap (T4S) INC. if they become aware of any imprecise, defective, or ambiguous Availability Information.
4. Ensuring that the Availability Information is always current and up-to-date.

4.3 If a SUBSCRIBER fails to fulfill its obligations stated in section 5.2, Tank4Swap has the right to restrict the SUBSCRIBER’s ability to list Iso Tanks/Containers+Flexi Tanks or Slots and use the Platform. Tank4Swap (T4S) INC. assists the Supplier in fulfilling its obligations stated in section 5.2 on behalf of the Supplier.

4.4 SUBSCRIBERS have the right to withdraw or modify any Availability Information at any time, provided there is no violation of sections 5.2 and 5.3.

4.5 Tank4Swap (T4S) INC. reserves the right to remove, at its discretion, any Availability Information presented by the SUBSCRIBER on the Platform whenever it deems appropriate. Tank4Swap is not obligated to validate the accuracy of the Availability Information. However, Tank4Swap (T4S) INC. is committed to continuing the organization of services related to Slots and Iso Tanks/Containers+Flexi Tanks.

4.6 By using Tank4Swap (T4S) INC., all subscribers acknowledge and accept that Tank4Swap (T4S) INC. acts as a commercial agent for each Supplier and negotiates and performs Transaction Contracts on behalf of the Supplier. SUBSCRIBERS also acknowledge that Tank4Swap (T4S) INC. has the right to proactively send offers related to Slots and Iso Tanks/Containers+Flexi Tanks to potential Users to award them a Transaction Contract.

4.7 SUBSCRIBERS agree to use interactive services such as bulletin boards, chat areas, and other communication facilities provided by the Platform only for sending and receiving messages and material related to the specific service or other communication facilities. When using these interactive services, SUBSCRIBERS agree not to:

• Upload files containing software or material protected by intellectual property laws or privacy or publicity rights unless they have obtained all necessary permissions or hold such rights.
• Upload files containing viruses, corrupted files, or any other software that may cause damage to Users’ computers.
• Remove any author attributions, legal notices, or ownership titles in any uploaded material.

4.8 When submitting Availability Information to the Platform, the SUBSCRIBER may include a link to its website (the SUBSCRIBER website), provided that: a) It is done in compliance with the law. b) It does not exploit or imply Tank4Swap (T4S) INC.’s association, endorsement, or approval of the website. c) The SUBSCRIBER adheres to the content standards outlined in the User Manual. The SUBSCRIBER is not permitted to set up links between the Platform and any website other than the SUBSCRIBER Website, except for links to BIMCO. Tank4Swap (T4S) INC. reserves the right to remove links

5.Payment

5.1 The SUBSCRIBER agrees to the payment terms and pricing plan described in the Commercial Terms between the SUBSCRIBER and Tank4Swap (T4S) INC., which are a part of these Terms.

5.2 SUBSCRIBERS are provided with a single method of payment settlement, whereby Tank4Swap (T4S) INC. acts as the Supplier’s commercial agent. This payment settlement mechanism applies to all Suppliers. If the Supplier wishes to change the payment settlement method during their membership, they can contact the service team.

All units provided on the Platform, including Iso Tanks/Containers+Flexi Tanks, will be insured against loss and damages regardless of the invoicing model. Tank4Swap (T4S) INC. will not be responsible for any outstanding payments in the event of a Default or bankruptcy of either party.

5.2.1 – Direct invoicing In each transaction, the parties are contract partners and send invoices directly to each other for the remaining amount (excluding the amount invoiced through the Platform) at the end of the deal. Tank4Swap (T4S) INC. is not liable for these payments, and any banking fees are the responsibility of the contract partners. Disputes arising during a transaction are to be resolved between the parties, with Tank4Swap (T4S) INC. potentially assisting in dispute resolution. In the event of a total loss of the Iso Tank/Container+Flexi Tank, the owner of the unit(s) invoices the counterparty for the lost assets and handles the collection of funds.

5.2.2 – Tank4Swap (T4S) payment settlement Tank4Swap (T4S) INC., acting as the Supplier’s commercial agent, manages the invoicing and collection of receivables directly from the User/buyer in a Transaction Contract (e.g., per-diems and pickup charges). Tank4Swap (T4S) INC. charges a service fee as a percentage of the invoice price. Unless otherwise directed by the Supplier, Tank4Swap (T4S) INC. has the authority to invoice and collect receivables directly from the User in the Transaction Contract. This obligation ends if either party declares a Default.

SUBSCRIBERS must keep all communication on the Platform or include “demand@tank4swap.com” in the email copy (“cc”).

5.3 Tank4Swap (T4S) INC. is not responsible for unauthorized purchases made by clients’ staff through the Platform. However, Tank4Swap (T4S) INC. is committed to protecting clients’ payment information from misuse by third parties.

 

5.4 The SUBSCRIBERS’ membership contract with Tank4Swap (T4S) INC. can only be terminated after all ongoing transactions managed by Tank4Swap (T4S) INC. are fully completed, even if the SUBSCRIBER wishes to cancel their membership. “Completion” refers to the return of leased or transacted assets to the respective owner and the settlement of the SUBSCRIBER’s financial accounts with Tank4Swap (T4S).

6.Deals and Contracts

6.1 Tank4Swap (T4S) INC., acting solely as a commercial agent of the Supplier, bears no responsibility or liability towards any SUBSCRIBER regarding any Transaction Contract.

6.2 Tank4Swap (T4S) INC. is not responsible for any decision to enter into a Transaction Contract using the Platform, including decisions based on Availability Information, Credit Worthiness Assessment, or any other relevant information available on the Platform.

6.3 SUBSCRIBERS of Tank4Swap (T4S) INC. are provided with the opportunity to access Availability Information on the Platform to facilitate efficient equipment allocation. Tank4Swap (T4S) INC. holds no liability towards SUBSCRIBERS for any risks assumed and accepted in a Transaction Contract. Furthermore, Tank4Swap (T4S) INC. is not responsible for any risks associated with the content on the SUBSCRIBER Website, BIMCO websites, or other third-party websites linked to the Platform. The Availability Information provided on the Platform should not be used to promote cooperation or coordination that violates competition law in any market between SUBSCRIBERS.

6.4 Tank4Swap (T4S) INC. complies with applicable mandatory laws and remains accountable for the services it provides as a commercial agent of the Supplier.

7.Extent of Services Offered by Tank4Swap (T4S) INC.

7.1 Agency Services

Tank4Swap (T4S) INC., acting as the commercial agent of the Supplier, strives to effectively manage the execution and conclusion of Transaction Contracts through the Platform. They assist in relevant negotiations and settlements on behalf of the Supplier. Tank4Swap has the legal authority to act as a commercial agent, arranging transactions for various Suppliers. It is understood and agreed that Tank4Swap (T4S) INC. exercises its own judgment in connecting Suppliers and Users. Tank4Swap is not obligated to arrange any specific Transaction Contract for a particular Supplier and has the discretion to present Suppliers (including their rankings) and services on the Platform as they deem appropriate. The following are the services provided by Tank4Swap (T4S) INC.:

7.1.1 Platform Operation and Presentation of Supplier Profiles and Services

Tank4Swap is responsible for operating the Platform and showcasing the Supplier’s profile and their available Iso/Container+Flexi Tank and Slot-related services to Users. Tank4Swap exercises its judgment in adapting the information provided by the Supplier about their services to ensure quality assurance, reliable resource planning, and an increased contracting rate. Section 5.2 remains unchanged under this service.

7.1.2 User Verification and Introduction to Suppliers

Tank4Swap (T4S) INC. verifies the information provided by Users during registration before granting them access to the Platform. This verification is carried out to ensure the security of the Platform and the Suppliers in relation to potential Contracts. Tank4Swap (T4S) INC., using its judgment in verifying the functional reliability and credentials of Users, introduces suitable Users to the available services provided by the Suppliers. Tank4Swap (T4S) INC. autonomously decides how to approach Users for the purpose of organizing Transaction Contracts.

7.1.3 Instant Notification of User Requests

Tank4Swap (T4S) INC. promptly informs the Supplier when a User places a request on the Platform.

7.1.4 Forwarding User Requests to Suppliers

Once a User request is validated by Tank4Swap (T4S) INC., it is forwarded to the Supplier. Tank4Swap (T4S) INC. is obligated to act in the Supplier’s favor and takes necessary measures, based on their judgment, to reduce risks (e.g., insurance, prepayment, pick-up charges) and assist the Supplier in assessing the commercial conditions of a prospective contract.

7.1.5 Approval of Transaction Agreements

While the Supplier makes the final decision whether to accept a User’s request, Tank4Swap (T4S) INC. must authorize the final agreement between the Supplier and the User. Tank4Swap (T4S) INC. has the right to refuse the conclusion of a transaction for reasons of quality assurance and risk management. They may disapprove of an agreement if it is defective, conditions are not met (such as the unavailability of Iso Tank/Container+Flexi Tank/Slot), or concerns arise regarding the User’s credentials, etc. Only after Tank4Swap (T4S) INC. has given final approval can a Transaction Contract be concluded, at which point the request moves to the “Accepted” or “Payment” status. Tank4Swap (T4S) INC. does not become involved in the Transaction Contract itself, as it is solely concluded between the relevant Supplier and User.

7.2 After-Sales Support

Upon the conclusion of a Transaction Contract, Tank4Swap (T4S) INC. provides comprehensive support to the Supplier to ensure successful fulfillment of the contract. This support includes:

1. a) Coordinating and reviewing the necessary release documents, as well as supplying relevant release information.
2. b) Engaging with the warehouse to confirm the availability of Iso Tank/Container+Flexi Tank and other related matters.
3. c) Monitoring the progress of Iso Tank/Container+Flexi Tanks and accurately predicting the expected return date.
4. d) Assisting in the retrieval and return of Iso Tank/Container+Flexi Tanks, especially in cases where the warehouse refuses to accept them.
5. e) Managing insurance claims for units that may have incurred damages during operations.
6. f) Calculating the remittance to be paid by the User to the Supplier, handling billing procedures, and ensuring the collection of accounts receivable (refer to section 4.2 for more details).

8.Liability

8.1

Tank4Swap (T4S) INC. will not exclude or restrict its liability in the following circumstances:

(a) In cases of fraud committed by Tank4Swap (T4S) INC.

(b) In cases where legal restrictions prevent the exclusion or restriction of liability.

8.2

In accordance with section 8.1, Tank4Swap (T4S) INC. is not liable to the SUBSCRIBER or any authorized User for losses resulting from or related to:

(a) Unavailability or inaccessibility of the Platform.

(b) Interruptions, delays, or failures in the Platform, Reports, or related systems, components, interfaces, equipment, documentation, material, and technology provided by Tank4Swap (T4S) INC.

(c) Inaccurate, mistaken, corrupted, undelivered, or misdirected Availability Information or Reports.

(d) Use of third-party networks, systems, and infrastructure by Tank4Swap (T4S) INC. in relation to the Platform.

(e) Transaction Contracts entered into using the Platform.

(f) Damage to SUBSCRIBER Systems caused by viruses or harmful components from files shared or uploaded by other SUBSCRIBERs.

8.3

According to section 8.1, Tank4Swap (T4S) INC. will not be held responsible, whether in contract, tort (including negligence), under statute, or in any other way, to the SUBSCRIBER or any other person making a claim under or through the SUBSCRIBER for the following:

(a) Loss of expected savings.

(b) Loss of profit or revenue.

(c) Loss of opportunities or business.

(d) Loss of goodwill.

(e) Business interruption.

(f) Indirect or consequential losses of any kind, including those mentioned in (a)-(e), regardless of whether such losses were reasonably anticipated or contemplated at the time of agreeing to the Terms.

8.4

As per sections 8.1 to 8.3 above, Tank4Swap (T4S) INC., its officers, directors, agents, and employees will not accept liability if the SUBSCRIBER’s or Authorized User’s use of the Platform results in loss or damage not caused by deliberate default on the part of Tank4Swap (T4S) INC.

8.5

Subject to section 11.1, if Tank4Swap (T4S) INC. is found liable to any SUBSCRIBER, its total liability for all claims arising during each year of the Terms shall be limited to the fees paid by the SUBSCRIBER as per the Commercial Terms.

8.6

Tank4Swap (T4S) INC. assumes no liability for the performance of duties by the User and Supplier under any Transaction Contract between them.

The liability limit specified in section 11.5 applies to all members of Tank4Swap (T4S) INC., and the recoverable losses from Tank4Swap (T4S) INC. as a whole cannot exceed this limit.

8.7

Both Tank4Swap (T4S) INC. and the SUBSCRIBER consider the restrictions and exclusions of liability in this section reasonable in all circumstances.

8.8

Any disputes related to the use or attempted use of the Platform will be resolved solely based on these Terms.

 

 

9.Exemption Declaration:

9.1

Tank4Swap (T4S) INC. provides the Platform, Reports, services, systems, information, components, interfaces, equipment, documentation, materials, and technology “as is” in their authentic present state.

9.2

Subject to applicable law:

Tank4Swap (T4S) INC. does not provide indemnity and does not guarantee that the Platform, Reports, or information obtained through or related to the Platform will be satisfactory, up to standard, uninterrupted, prompt, secure, flawless, comprehensive, error-free, virus-free, harmless, and compatible with the SUBSCRIBER system.

Unless expressly stated in these Terms, all implied terms, conditions, warranties, representations, and undertakings regarding Tank4Swap (T4S) Solutions’ obligations are excluded to the maximum extent permitted by law.

10.Ratings and Reviews:

10.1

SUBSCRIBERs and Authorized Users will have the chance to provide feedback and rate their satisfaction with other SUBSCRIBERs and specific transactions through the Platform.

10.2

Tank4Swap (T4S) INC. has the right to modify, remove, alter, or limit access to any Rating at any time and for any reason.

11.Insurance:

11.1

Tank4Swap (T4S) INC. offers Authorized Users on the Platform the option to purchase additional insurance coverage beyond the mandatory insurance provided by the Platform for Iso Tank/Container+ Flexi Tanks, if they choose to do so.

11.2

If the User arranges for insurance:

 

1. a) The User must notify Tank4Swap (T4S) Platform of any loss or damage to an Iso Tank/Container+ Flexi Tank.
2. b) Tank4Swap (T4S) INC. or one of its affiliates will handle the claims process, including appointing a surveyor, cooperating with the insurance intermediary, and arranging for compensation to repair facilities. The User agrees that the insurance proceeds will be paid to Tank4Swap (T4S) INC. or one of its affiliates, to be disbursed to the repair facility or the Supplier, as required.

12.Access Suspension:

12.1

Tank4Swap (T4S) INC. reserves the right, at its sole discretion, to temporarily or permanently restrict the SUBSCRIBER’s or its Authorized Users’ access and usage of the Platform. This includes limitations on submitting or searching for Availability Information, as well as the right to view Reports. Tank4Swap (T4S) INC. may also terminate the availability of the Platform, with or without prior notice to the SUBSCRIBER, for any reason.

12.2

The SUBSCRIBER acknowledges that, apart from the events described in section 2.4, the Platform may experience failures or become unavailable, or its functionality and performance may be incorrect or restricted due to various reasons. These reasons include technological failures, power outages, communication link failures, or security breaches. The SUBSCRIBER understands that no prior conduct or arrangement implies a guarantee of continuous availability or functionality of the Platform. Tank4Swap (T4S) INC. is not liable to the SUBSCRIBER for such unavailability, incorrect functionality, or performance restrictions.

13.Access Termination:

13.1

These Terms (including the Commercial Terms) will remain in effect until terminated as outlined in this section (15). Tank4Swap (T4S) INC. has the right to terminate the availability of the Platform and the SUBSCRIBER’s or any Authorized User’s permission to access or use the Platform at any time and for any reason.

13.2

Unless required by applicable law or regulations, these Terms and the Commercial Terms will terminate in their entirety under the following conditions:

(a) Tank4Swap (T4S) INC. disables access to the Platform, and

(b) Either party provides written notice of termination to the other party. The termination will take effect upon receipt of the notice, unless otherwise specified in the written notice.

13.3

In the event of the termination of access to or use of the Platform, any rights or liabilities accrued or outstanding for Tank4Swap (T4S) INC. or the SUBSCRIBER prior to the termination will not be affected. Furthermore, the termination will not impact the validity or enforceability of any provisions in these Terms, whether explicitly stated or implied, that are intended to remain in effect or continue after termination.

14.Digital Property:

14.1

All rights related to the Intellectual Property of the Platform Software, which enables SUBSCRIBERs to access and use the Platform, as well as any Reports, are fully and unconditionally owned by Tank4Swap (T4S) INC. or its licensors. The SUBSCRIBER and its Authorized Users can only use them with the prior written consent of Tank4Swap (T4S) INC. or its licensors, as required. The Intellectual Property Rights of the Reports solely belong to Tank4Swap (T4S) INC. However, the SUBSCRIBER retains ownership of the Availability Information at all times.

14.2

The SUBSCRIBER is granted a personal, revocable, and non-exclusive license to access the Platform or allow its Authorized Users to use the Platform until the termination of these Terms.

14.3

The SUBSCRIBER is prohibited from:

(a) Disassembling or decompiling any Platform Software through reverse engineering or allowing others to do so.

(b) Replicating or duplicating the Platform Software.

(c) Making the Platform Software accessible to any third party for any reason.

(d) Re-exporting or redistributing the Platform software or any other part of the Platform without obtaining written consent from Tank4Swap (T4S) INC.

14.4

The SUBSCRIBER and its Authorized Users are required to treat the Platform Software, Reports, and other materials and information as confidential or restricted, as instructed by applicable law or regulations. In the event that the SUBSCRIBER or its Authorized User receives a disclosure order from a Regulator or other government authority, they must promptly inform Tank4Swap (T4S) INC. and assist in challenging the disclosure order to the extent permitted by applicable law or regulations.

14.5

The SUBSCRIBER is not permitted to:

(a) Use the Platform Software, Reports, or any related materials for commercial purposes without obtaining permission from Tank4Swap (T4S) INC.

(b) Modify or alter the paper or digital copies of the Platform Software, Reports, or other related materials, or use any video or audio sequences, photographs, illustrations, or graphics separately from the accompanying text.

15.Rulling / Governing Law:

15.1

English law governs both the contractual terms and non-contractual obligations related to these Terms.

15.2

The courts of England have exclusive jurisdiction to settle any disputes arising from or relating to these Terms, including disputes concerning the existence, validity, or termination of these Terms, or any other non-contractual obligations arising from or relating to these Terms.

16.General:

16.1

All notices must be in writing and delivered by hand, email, electronic means, or registered/certified mail to the relevant party. Notices are considered received upon receipt at the designated address.

16.2

Tank4Swap (T4S) INC reserves the right to amend or supplement these Terms at any time by providing written notice, including through the Platform.

16.3

Neither party can assign these Terms without the prior written consent of the other party, except Tank4Swap (T4S) INC may assign these Terms to another entity in connection with the transfer of its assets or business without the SUBSCRIBER’s consent.

16.4

These Terms, together with the Commercial Terms, constitute the entire agreement between the parties and supersede any prior correspondence or representations. In case of a conflict between these Terms and the Commercial Terms, these Terms prevail. Each party acknowledges that it has not relied on any statement, representation, assurance, or warranty other than what is expressly set out in these Terms.

16.5

If any provision of these Terms becomes illegal, invalid, or unenforceable in any jurisdiction, it will not affect the legality, validity, or enforceability of the other provisions in that jurisdiction or in any other jurisdiction.

16.6

These Terms are binding on Tank4Swap (T4S) INC, the SUBSCRIBER, and their respective successors, assigns, and legal representatives.

16.7

The Contracts (Rights of Third Parties) Act 1999 does not confer any rights on third parties to enforce any term of these Terms.

17. Definitions

17.1:

Affiliate: A company or corporation directly or indirectly owned by another company, or any subsidiary of that company.

Authorized User: Employees, agents, or other individuals authorized by the subscriber to use the platform.

Availability Information: Information about the availability of or need for Iso Tank/Container+Flexi Tank or Slot by subscribers, including location and dates.

BIMCO: Baltic and International Maritime Council.

Default: When a subscriber is unable to repay outstanding debts, including cases such as bankruptcy filing, lack of active business or trading license, default determined by Tank4Swap (T4S), fraud cases, or legal proceedings initiated by Tank4Swap (T4S) to recover debt.

Commercial Terms: Terms agreed upon between each subscriber and Tank4Swap (T4S) INC, defining pricing and payment terms related to platform use.

Iso Tank/Container+Flexi Tank: A commercial shipping container for transporting goods.

Intellectual Property Rights: Patents, trademarks, copyrights, designs, database rights, trade secrets, and other forms of intellectual property protection.

Login Details: Password, user identification, or other security information provided by Tank4Swap (T4S) INC for subscriber access to the platform.

Losses: Losses, liabilities, damages, claims, costs, fees, or expenses.

SUBSCRIBER: Any user, supplier, or other party using the platform for its intended purpose.

SUBSCRIBER Systems: Computer systems, technology, and network infrastructure required for subscribers and authorized users to access and use the platform.

SUBSCRIBER Website: A website owned by a subscriber.

Force Majeure Event: An event beyond Tank4Swap (T4S) INC’s control, such as internet interruption, communication failures, acts of God, compliance with regulations, loss of necessary licenses, accidents, adverse weather conditions, labor disputes, non-performance by suppliers or third parties, utility service interruptions, war, or civil commotion.

Privacy Policy: The privacy policy of Tank4Swap (T4S) INC.

Regulations: Laws, statutes, orders, rules, treaties, regulations, directives, schemes, and other legal instruments applicable to subscribers, Tank4Swap (T4S) INC, or the platform.

Regulator: A person, law enforcement agency, or other governmental authority responsible for regulating, supervising, or having authority over the business of the subscriber or an authorized user.

Rating: The rating given to subscribers by other subscribers based on their experience or satisfaction with a specific transaction.

Slot: Space on a vessel, barge, train, truck, or other transport mode used for transporting Iso Tank/Container+Flexi Tank.

Subsidiary: A subsidiary company as defined by section 1162 of the Companies Act 2006.

Supplier: Owner of Iso Tank/Container+Flexi Tank or Slot granted access to the platform by Tank4Swap (T4S) INC.

Transaction Contract: The entire or partial contract for the interchange, swap, lease, sale, or any other temporary or permanent use of Iso Tank/Container+Flexi Tank or Slot between subscribers.

User: A company that temporarily leases or buys Iso Tank/Container+Flexi Tank or Slot from a supplier and has been granted access to the platform by Tank4Swap (T4S) INC.

17.2:

(a) Headings: Headings are provided for convenience and do not affect the interpretation of any provision in these Terms.

(b) Section reference: Any reference to a section is a reference to a section within these Terms.

(c) Terms reference: References to these Terms include the Commercial Terms unless the context requires otherwise.

(d) Person reference: References to a person include individuals, firms, companies, or other legal entities.

(e) Obligation reference: Any obligation in these Terms not to do something also includes an obligation not to agree, allow, permit, or acquiesce to that action.

(f) Enactment reference: References to any enactment, statutory provision, or subordinate legislation should be interpreted as the version in effect at the relevant time, including any replacements, amendments, consolidations, or re-enactments, and encompassing all orders, rules, or regulations made under that enactment.

(g) Singular and gender reference: Words denoting the singular form include the plural form, and words denoting any gender include all genders.