Prior to downloading the Smart Client it is strongly recommended that you read the Smart Client Installation PDF document.

Smart Client Installation Instructions (471 KB)

By downloading the Smart Client you have accepted the terms and conditions below.

Download Smart Client (35.2 MB)
 


General terms and conditions of use for the Smart Client Software and Gateway Client Software

By downloading and using the Smart Client Software and Gateway Client Software (“Software”), you agree to be bound by the terms and conditions stated in this agreement.

Do not download or use the Software until you have carefully read, understood and agreed to the terms and conditions that apply as delineated below.

If you do not wish to agree to the terms and conditions that apply, do not download or or use the software.

The user becomes a user of this Software by registering on the www.connectfreight.com.au website.

The user is aware that access to and use of the Software is carried out under his/her sole responsibility.

Becoming a user under the terms indicated, imply accepting these terms and conditions. The general terms and conditions of use are accepted expressly and in full by the user simply by becoming a user. Should these general terms and conditions be fully or partly replaced by others, it is understood that these new general terms and conditions will be accepted in just the same way as these general terms and conditions. However, the user shall access these general terms and conditions on a periodic basis to be aware of the successive versions that are included here, although the user shall access the general terms and conditions each time he/she intends to access or make use of the Software.

Should the user not accept these general terms and conditions, which regulate the use of a specific service and/or content, the user should refrain from downloading and using the Software.

The Autoridad Portuaria de Valencia (hereinafter PAV - Port Authority of Valencia ), may modify the Software as well as the terms and conditions for use of and access to the Software available unilaterally and without previous notice.

The user must comply with the following technical requirements to take full advantage of the Software:

• 56Kbps or better broadband Internet connection
• Internet Explorer 5.5 or better and equivalents
• Display resolution of 800 x 600 pixels minimum
• 16-bit colour or better

The user shall establish the necessary technical security measures to prevent undesirable actions in his/her information system, files and computer equipment used to access the Internet and especially the Software, and must be aware of the fact that the Internet is not totally safe.

User rights and obligations

The user may:

• Access the content and services available using the Software after becoming a registered user of the Software according to these general terms and conditions
• Use the Software correctly and lawfully, according to current legislation, moral values, good practice and public order.

Prohibitions

Under no circumstances may the user:

• Access or use the Software for illegal purposes which may have adverse effects on third party rights and liberties or which may be detrimental to, harm or prevent in any way, access to the Software, to the detriment of the PAV or of third parties.
• Use the Software to input information for the purpose of directly or indirectly infringing the rights – and especially the basic rights and public liberties – of other users or the PAV; use the software to input information to incite or encourage criminal, xenophobic, terrorist or degrading acts on the grounds of age, gender, religion or beliefs; or information of a pornographic, obscene or violent nature or which infringe the law, moral values or good practices. For this purpose, information is understood as, including but not limited to: text, figures, images, videos, sounds, drawings, photographs, data, notes, etc.
• Include hyperlinks in his/her private or business web pages to this Software.
• Use the Software in a way which contravenes the general terms and conditions and which is detrimental to or has an adverse effect on the rights of the rest of the users.
• Carry out any actions which prevent or hinder user access to the Software.
• Use the Software as a way to access the Internet to perpetrate unlawful acts or acts which contravene current legislation, moral values, good practices and public order.
• Use any type of computer virus, code, software, computer programme, computer or telecommunication equipment, which may damage or cause unauthorised changes to the content, programmes or systems accessible via the services and content offered by the Software or in the information systems, files and computer equipment of the users of these services and content; or unauthorised access to any of the content and/or services included in the transaction area.
• Eliminate or modify in any way the PAV’s protection or identification mechanisms or their rightful owners or the symbols that the PAV or third parties who are the rightful owners of the rights may include in their creations which are the object of intellectual or industrial property rights in the Software.
• Include metatags for brands, trade names or distinctive marks which belong to the PAV on web sites under his/her responsibility or which belong to him/her.
• Reproduce totally or partially the Software on another web site or page.
• Use frameworks in the Software which hide or modify, including but not limited to PAV or third party content, advertising space and brands, irrespective of whether this may imply unfair competition or confusion.
• Create frames within a web site under his/her responsibility or which belong to him/her which reproduce the home page and/or the pages accessible via the home page which correspond to the Software.
• Include in a web site under his/her responsibility or which belong to him/her any hyperlinks which generate a window or browser software session used by a visitor, user or customer of his/her web site, in which brands, trade names or distinctive marks belonging to him/her are included and via which any of the Software is shown.
• Use brand, trade names and any other identifying marks which are subject to intellectual or industrial property rights, without express previous written authorisation from their owners.
• Carry out any act which implies the reproduction, distribution, copy, hire, communication to the public, transformation or any other similar act which involves modifying or altering all or part of the Software.

Rights of the PAV

The PAV reserves the following rights:

• To modify unilaterally and with no previous notice, the access conditions for the Software, whether of a technical nature or not.
• To limit, exclude or impose conditions on user access when the assurances for the correct use of the Software by users in line with the obligations and prohibitions undertaken by them cannot be met.
• To modify unilaterally and with no previous notice, when appropriate, the structure and design of the Software, and update, modify or eliminate all or any of the Software’s content or services and access and/or use conditions, and having the option to actually limit or refuse access to said information.
• To refuse access to the Software at any given time and without any previous notice to users who fail to comply with these general terms and conditions.
• To take all legal action or proceedings necessary to protect the rights of the PAV and of third parties who provide their services or content via the Software, when appropriate. 
• To demand compensation which may result from improper or unlawful use of all or any of the Software.

PAV Disclaimer and limitation of liability

The PAV shall not be liable for any kind of damages in the following cases:

• Impossibility or difficulties in connecting to the communications network via which the Software can be accessed, without prejudice to the type of connection used by the user.
• Interruption, suspension or cancellation of the access to the Software and the availability and continuity of the functioning of the Software, when this is due to factors beyond the PAV’s control, either directly or indirectly.
• The PAV takes no responsibility for the services and content offered by third party service providers, especially with regard to information society service providers or for availability or access conditions, technical or otherwise, to this Software. Information society service providers are understood as individuals or legal entities who provide the following services to the general public:
  • Transmission via a communication network of data provided by the recipient of the service.
  • Access services to the aforementioned network.
  • Data storage or hosting services.
  • Supplying content or information.
  • Back-up/temporary copy service of the data requested by users.
  • Providing links to content or search engines.
• The PAV shall not be liable at any time for any damages that the information, content, products and services, including but not limited to, provided, communicated, hosted transmitted, exhibited or offered by external third parties, may cause, including information society service providers, via a Portal which can be accessed via a link included in the Software.
• For processing carried out by external third parties and later use of personal data by them, or for the appropriateness of the information requested by these parties.
• For the quality and speed of access to the Software and for the technical conditions which the user must meet to be able to access this Software.
• The PAV shall not be held responsible for delays or failures in the access and/or functioning of the Software due to a case of Force Majeure. "Case of force majeure" shall mean all causes which could not have been foreseen or even if they had been foreseen were unavoidable and whose result is the failure to comply with any of its obligations. These include, but are not limited to, strikes, of both their own workers and of external workers, uprisings or revolts, as well as regulations passed by any civil or military authorities, natural catastrophes, such as earthquakes, floods, lightning or fires, wars, lockouts or any other situation of force majeure.
• The user of the Software shall be personally liable for damage of any kind caused to the PAV directly or indirectly by breach of any of the obligations derived from these general terms and conditions or other regulations by which the use of the Software is governed.

Intellectual and industrial property

The user is aware that the Software is protected by intellectual property laws. The royalties and economic exploitation rights of the Software correspond to the PAV or when appropriate to third parties and are protected by current intellectual property laws.

The brands, trade names or distinctive marks which appear in the Software belong to the PAV or when appropriate to third parties and are protected by current industrial property laws.

The provision of the Software does not imply the assignment, relinquishment or transfer whether total or partial of the ownership of the corresponding rights of intellectual and industrial property.

No part of the Software may be reproduced, distributed, transmitted, copied, publicly communicated or transformed totally or in part, by any manual, electronic or mechanical system or method (including photocopying, recording, or any information recovery and storage system) via any currently known medium or any which may be invented in the future, without the authorisation of the PAV. The use, in any way, of all or part of the content of the Software is subject to the need to request previous authorisation from the PAV and the acceptance of the corresponding licence, when appropriate, except for what is stipulated with regard to rights recognised and granted to the user in these general terms and conditions or what is established in the specific terms and conditions that the PAV sees fit to establish to regulate the use of the Software.

The user shall not, under any circumstances, be allowed to use the Software for anything other than intended use, apart from the exceptions set out in these general terms and conditions of use of the Software.

In the light of any guilty or negligent act or omission which is directly or indirectly attributable to a user and which may infringe intellectual and industrial property rights of the PAV or of third parties – whether or not he/she may have derived any benefit from this act or omission – and cause the PAV damage, losses, joint and several obligation, costs of any nature, penalties, coercive measures, fines and other amounts arising out of or derived from any claim, lawsuit, action, proceedings, whether of a civil, penal or administrative nature, the PAV shall have the right to proceed against the user employing all the legal means at its disposal and claim the compensatory amounts it sees fit, including, but not limited to, moral damage, injury to reputation, consequential damages and loss of profit, advertising costs and any other type of costs required to restore this reputation, amounts from penalties or verdicts of guilty, amounts from interest for delayed payment and the cost of financing both amounts which the PAV may incur to be able to pay the opposite party, the court costs and the amount payable to the defense in any trial in which the PAV may be sued for the aforementioned reasons, for the damages caused as a result of his/her acts or omission, irrespective of whether the PAV is able to carry out any other actions to which it is entitled by law.

Applicable law and jurisdiction

The parties, with express waiver to their own venue, accept Spanish law as the governing law of this agreement and agree to submit to the Courts of the city of Valencia for the resolution of any lawsuits that may arise out of this agreement.