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Terms and Conditions of Use 

The following terms and conditions of use constitute a legal agreement between you and NEWSTAR AGENCIES SDN BHD. ("NEWSTAR") regarding the access and use of the website (respectively the "Website" and "Terms"). By accessing, browsing and/or using the Website, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use the Website.

 

Access and Use of this Website.

You are permitted to use, download, and print any page of the Website only for the purposes reasonably anticipated on the Website or as otherwise might reasonably be expected in the course of your relationship with NEWSTAR and in accordance with any procedures from time to time in force on the Website. Copying, reproducing, displaying, posting, downloading, re-transmission, re-publication, modification of the data or contents provided in the Website, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, is strictly prohibited without the prior written permission of NEWSTAR.

 

As a condition of your use of the Website, you will not use the Website for any purpose that is illegal or breaches any applicable laws or regulations or unlawful or otherwise prohibited by these Terms. You may not use the Website in any manner that could damage, disable, overburden, or impair any NEWSTAR systems, including NEWSTAR’s servers and/or the network(s) connected to any NEWSTAR server, or interfere with any other party's use and enjoyment of the Website. You may not attempt to gain unauthorized access to any services, accounts, systems or networks through hacking, password mining or any other means. You may not: (i) use or permit any other party to use all or any part of the Website, content or services in connection with activities that breach any applicable laws or regulations, infringe any third party’s rights, or breach any applicable standards, content requirements or codes; (ii) post to, upload to, temporarily store on (if such facility is provided) or transmit through, the Website any information, materials or content that might be or might encourage conduct that might be illegal, unlawful, threatening, abusive, defamatory, obscene, vulgar, discriminatory, pornographic, profane or indecent; (iii) use the Website for the purpose of or as a means to send or distribute software viruses, trojan horses, or any computer code, files, or programs designed to disrupt, destroy, invade, gain unauthorized access to, corrupt, observe or effect software or hardware.

 

Intellectual Property Rights.

Ownership of all copyrights, database rights, patents, trade or service marks, product names or design rights (whether registered or unregistered), trade secrets and confidential information and any similar rights existing in any territory now or in future and similar rights and interests in all domain names, trademarks, logos, branding appearing on the Website and all content, or otherwise relating to the structure of the Website and the services offered by NEWSTAR via the Website, vests in NEWSTAR or its licensors.

 

Interactivity, Third Party Links and Service Providers.

NEWSTAR may make available certain features and/or services and/or hyperlinks, including certain interactive features which are provided by external and independent third parties ("Third Party Provider(s)"). You hereby acknowledge that the use of any such features and/or services and/or hyperlinks is subject to and governed by the applicable terms of use or such other agreement in connection therewith. NEWSTAR disclaims all warranties, express, implied or statutory, with respect to each Third-Party Provider and its respective feature and/or service, including but not limited to all warranties of merchantability, fitness for a particular purpose, title and non-infringement. 

 

NEWSTAR may provide through the Website certain interactive services and features, such as tracking and tracing of containers and shipping schedules. You acknowledge that the data provided through such interactive services and features is for information and convenience only and is not definitive. NEWSTAR does not warrant the accuracy or correctness of such data and any such data must be verified with applicable the local agents. Reliance on the information provided through the Website or its use is at Your own and sole responsibility.

 

Monitoring and Unlawful Activity.

NEWSTAR has no obligation to monitor the Website; howeverNEWSTAR reserves the right to do so and prohibit or deny use or access at its sole discretion. Furthermore and without derogating from any other legal to which NEWSTAR may be entitled, NEWSTAR reserves the right to: (i) terminate or suspend your access to the entire Website or any part thereof at any time, without notice, for any reason whatsoever; (ii) restrict, edit or delete any materials provided or uploaded by You, without notice, for any reason whatsoever. NEWSTAR reserves the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

 

Accuracy of this Website.

While NEWSTAR uses commercially reasonable efforts to ensure that the information contained in the Website is accurate and up to date, the Website could include technical or other mistakes, inaccuracies or typographical errors. NEWSTAR does not warrant that the Content is accurate, sufficient, error free, complete or up to date at the time it is accessed. You should make further enquiries to satisfy yourself of the accuracy and completeness of any content before relying on it. Certain content may be labeled as indicative only, in which case NEWSTAR makes no warranties at all in relation to its quality, accuracy, completeness or timeliness.

 

Informative Data

Without derogating from the aforesaid, you acknowledge that the information and/or data being offered or provided through the Website or its use, including without limitation with respect to shipment and material handling, tips and recommendations, information relating to local regulations etc., is purely informative in nature and provided for your convenience only without any representation or warranty by NEWSTAR. In no event will the information and/or data being offered or provided through the Website constitute professional, legal, or tax advice or full and accurate data. 

 

You acknowledge and assume sole and full responsibility for any liability or loss incurred as a consequence of the use, directly or indirectly, of any information the information and/or data being offered or provided through the Website. You hereby irrevocably and unconditionally waive any claim or demand regarding reliance on any of the information and/or data being offered or provided through the Website or its use.

 

Conflict

You hereby acknowledge and confirm that in case of a conflict between these Terms or any other service information provided by the Website or its use and the information contained in the applicable NEWSTAR's internal documentation/agreement, the internal documentation/agreement will prevail. 

 

Furthermore and without derogating from the aforesaid, the terms and conditions of NEWSTAR's Bill of Lading/Seaway Bill, including without limitation the timetables, governing law and jurisdiction clauses detailed therein shall prevail and supersede these Terms and/or any of the information provided through the Website or its use.

 

Personal Information and Privacy.

NEWSTAR is committed to preserving the privacy of the users in its Website. To learn about how NEWSTAR protects your personal information, such as your name and address, refer to NEWSTAR’s Privacy Policy. Except as set forth in the Privacy Policy or in these Terms, your personal information will be deemed to be confidential. Any non-personal information or material sent to NEWSTAR and/or provided by you through the Website will generally be deemed to NOT be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of NEWSTAR or others, or as stated in our Privacy Policy.

 

Disclaimer of Warranties.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AGREEMENT BETWEEN YOU AND NEWSTAR, THE WEBSITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THE WEBSITE, ARE PROVIDED ON AN "AS IS" BASIS. NEWSTAR, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. NEWSTAR, ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE SERVICES, CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE USE OF THE WEBSITE. NO INFORMATION OBTAINED VIA THE WEBSITE SHALL CREATE ANY WARRANTY ON BEHALF OF NEWSTAR. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL NEWSTAR OR ANY OF ITS SUBSIDIARIES, AFFILIATES, STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS OR SUPPLIERS (THE “NEWSTAR PARTIES”) BE LIABLE, JOINTLY OR SEVERALLY, TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR USE OR ACCESS OF THE SERVICE, THE SITE OR ANY CONTENT APPEARING VIA THE SITE AND SERVICE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, PROFITS, USE, DATA OR OTHER INTANGIBLES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE NEWSTAR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND REGARDLESS OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, AND THEN THE LIABILITY OF THE NEWSTAR PARTIES SHALL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

 

International Users.

The Website can be accessed from countries around the world and may contain references to NEWSTAR’s products, services, and programs that are not available in your country. These references do not imply that NEWSTAR intends to announce such products, services, or programs in your country. The Website is controlled and operated by NEWSTAR from its offices within Israel. NEWSTAR makes no representation that materials in the Website are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access and use the Website from other locations do so, on their own initiative and are responsible for compliance with applicable local laws and regulations.

 

Remedies for Violations.

 

NEWSTAR reserves the right to seek all remedies available at law and in equity for violations of these Terms, including but not limited to the right to block access from a particular Internet address to the Website and any other provider and their features.

 

Governing Law and Jurisdiction

The Terms are governed by and construed in accordance with the laws of the State of Israel and any action arising out of or relating to these terms shall be filed only in the courts located in Haifa and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

 

Revision

NEWSTAR reserves the right to change, suspend or discontinue any aspect of the services and content provided through the Website at any time, without notice or liability. You should periodically check these Terms and Privacy Policy (which form and constitute an integral part hereof) posted on the Website to review the current terms and guidelines applicable to your use. Your continued use of the Website after such revisions constitutes your acceptance of these revisions.

 

General

These Terms constitute the entire agreement between you and NEWSTAR with reference to the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. In the event any provision of these Terms shall be deemed unenforceable, void or invalid, such provision shall be modified so as to make it valid and enforceable, and as so modified the entire Agreement shall remain in full force and effect. No failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.


 

NEWSTAR’s Use of Cookies and Tracking



 

What's a cookie?


 

A cookie is a small file sent from a website, which is then stored by your web browser. When you return to the Personal Area, the information in the cookie can be used to recognize your last session. Cookies cannot install malicious software such as viruses on your device, and they do not store any of your personal data or account information.

 

Why do we use cookies? 


 

We use cookies to save and maintain users' settings and selected preferences during browsing sessions, for saving repeating users' preferences for future use (e.g. geographical location, accessibility and language selections and preferences), and for statistical analysis of the Websites, Personal Area's’and Apps’ performance and trends and monitoring and identifying errors.

 

Where do cookies come from? 


 

Cookies originate from two types of sources: first party and third party. The classification whether a cookie is 'first' or 'third' party refers to the internet domain that is placing the cookie. 

• First-party cookies are those set by a website that is being visited by the user at the time.

• Third-party cookies are cookies that are set by a domain other than that of the site being visited by the user. If a user visits a website and another entity sets a cookie through that site this would be a third-party cookie.

 

Opt-out


 

When you first visit the Websites and Personal Area, you will be given the option to accept or decline the use of cookies. You can also control the use of cookies at the individual browser level, and instructions for managing cookie usage can be found for the following browsers, at:

• Google Chrome

• Internet Explorer

• Firefox 

• Safari

• Safari Mobile 

• Opera 

 

If you reject cookies, you may still use the Websites and Personal Area, but your ability to use some features or areas of the Personal Area may be limited or unavailable. Many browsers allow a private mode to be activated through which the cookies are always erased after the visit, and you hereby irrevocably and unconditionally waive any claim or demand in this regard.

 

If you wish to opt out of interest-based advertising click http://preferences-mgr.truste.com/ (if you are located in the European Union click http://www.youronlinechoices.eu/).

 

Do Not Track/Privacy Mode


 

“Do not track” or “privacy mode” is a function that allows website users to opt out from being tracked by websites for any purpose including the use of analytics services, advertising networks and social platforms. Do not track options are available in a few browsers including:

• Firefox

• Internet Explorer 

• Chrome 

• Safari

• Opera 

 

If you have enabled the “do not track” function in your browser, you will not be tracked. This is in addition to you opting-out of the aggregation and analysis of data for the statistics of the Websites, Personal Area and Apps.

 

Categories of cookies we use

 

Strictly Necessary Cookies


 

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

 

Cookies used

• OptanonConsent

• OptanonAlertBoxClosed

• RequestVerificationToken

• PHPSESSID

• BIGipServerzswp.NEWSTAR.com

 

Performance Cookies


 

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance. 

 

Cookies used

• _pk_id.923228e7-d119-45eb-a025-e4d1b1af6e1b.ae07

• _pk_ses.923228e7-d119-45eb-a025-e4d1b1af6e1b.ae07

 

Functional Cookies


 

These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly. 

 

Cookies used

• AKA_A2

• stg_returning_visitor

• TS01f7aa8d

• TS01f7aa8d_31

• country

• TS0144a025_28

• TS0144a025

• dtCookie

• TS0128f558

 

Targeting Cookies


 

These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising. 

 

Cookies used

• stg_last_interaction

• stg_traffic_source_priority

• RT 

 

We place a high priority on the security and confidentiality of the information stored in the persistent cookies we use in the Personal Area. For example, we do not store any of your personal information, payment information or passwords in persistent cookies.

 

What kind of third party cookies do we use?

 

Can I withdraw consent for the use of cookies or tracking tools?


 

If you wish to withdraw your consent, you can use our cookies control interface by clicking on the below link [Insert Link to OneTrust Interface]

 

Similarly, you can choose to opt-out of cookies at any time by managing and/or deleting your cookies using your internet browser settings.

 

Additional Information, Updates and Questions

 

Additional information on cookies in general:

 

A number of websites provide detailed information on cookies, including AboutCookies.org and AllAboutCookies.org.

 

Updates to our Policy

 

We update our Cookies Policy from time to time, if we introduce a new cookie or tracking tool which processes new information or wish to process the information collected by your cookies and tracing tools in a new manner, we shall notify you and ask you to consent to this updated processing or new cookie or tool.

 

A default configuration and use of our first-party cookies and third-party cookies used in the Personal Area are described in the table below