ACI SYSTEM – TERMS AND CONDITIONS
The Advance Cargo Information (
ACI) System is a pioneering digital platform (the
“ACI Libya Platform”) designed to streamline the submission and management of cargo information and documents required by customs authorities for shipments to the Republic of Libya.
The following terms and conditions, including any referenced policies (collectively the
“Terms and Conditions”) govern your (
“you”,
“your” and/or
“User”) access to, and use of, the ACI Libya Platform, including its related services, the portal(s) and the platform (collectively
“ACI Libya Platform”) owned and operated by Webb Fontaine FZ-LLC (
“we” “us” and/or
“our”).
By clicking to confirm acceptance of these Terms and Conditions, you agree to be bound by these Terms and Conditions as they may be amended, updated, supplemented, or varied by us from time to time. Your access to and use of the ACI Platform is subject to your acceptance of these Terms and Conditions (as updated).
1. Definitions:
- ACI Libya Platform: The digital platform provided by Webb Fontaine FZ-LLC for the submission of advance cargo information to customs authorities as required for the facilitation of international trade.
- User: Any individual, company, or entity that registers and uses the ACI Libya Platform to submit cargo information and documents as mandated by customs authorities.
- Importer: the individual and/or entity that is receiving the goods, including company name, address, and contact information
- Exporter: the individual and/or entity that is shipping the goods, including company name, address, and contact information.
- Freight Forward Agent: A third-party agent responsible for arranging the carriage and management of cargo on behalf of the exporter or importer.
- HS Code: The Harmonized System code, which is an international nomenclature for the classification of products. It allows participating countries to classify traded goods on a common basis for customs purposes.
- Incoterm: International Commercial Terms, which are a series of predefined commercial terms published by the International Chamber of Commerce (ICC) relating to international commercial law.
- FOB Value: The value of goods at the port of departure, including the cost of the merchandise and all costs incurred in packing and getting the goods on board the ship.
- Freight Value: The cost associated with transporting the goods from the port of departure to the port of discharge.
- Total Consignment Value: The total value of the cargo being shipped, including the FOB value, freight value, and any other related costs.
- LC Reference: Letter of Credit reference, if applicable, which is a document from a bank guaranteeing that a buyer's payment to a seller will be received on time and for the correct amount.
2. Access to the ACI Libya Platform
2.1. Subject to your compliance with these Terms and Conditions, we will provide to you access to the ACI Libya Platform, including its related services and functionalities.
3. Use of the ACI Libya Platform
3.1. As a condition of using the ACI Libya Platform, you represent, warrant, and undertake that:
- Capacity and authority:
i. you have full capacity and authority to enter into and to agree to these Terms and Conditions;
ii. you agree to and will comply with our notices, guidelines, and operating rules and policies (including our data privacy policy) pertaining to your access to ACI Libya which we issue from time to time. These notices, guidelines, and operating rules and policies will generally be notified to you via the ACI Libya Platform or such other method of notification as may be designated by us;
iii. the purposes for access to the ACI Libya Platform are lawful and you will abide by all Governing Laws, as defined below, in your use of the ACI Libya Platform;
iv. you have the legal right, power, and authority to perform the actions and submit any data on or to the ACI Libya Platform (on your own behalf and on behalf of any person (including a business, organization, or government entity) you may input data on behalf of) and that these Terms and Conditions constitutes legal, valid and binding obligations enforceable against you and/or such person. In such cases, “you” and “your” include you and such person (including a business, organization, or government entity, as appropriate).
- ACI Libya Platform use:
i. all data provided by you, to us, is true, accurate, complete, valid without any concealment, and up-to-date at all times;
ii. you have sufficient rights (as applicable) to grant us the rights to use and process the data provided by you will not violate any Governing Law or the rights of any third parties
iii. all data uploaded by you does not infringe any Intellectual Property Rights as defined below of any party; and
iv. you will not use any of our ACI Libya Platform’s name, branding trademark, logo or any Intellectual Property Rights, except to the extent explicitly authorized under these Terms and Conditions, or otherwise with our prior written approval of us.
- Use restrictions
i. You agree not to, and to ensure any third parties accessing and using the ACI Libya Platform do not:
ii. store, process, transmit, or make available content or technology (a) that is infringing, libelous, defamatory, harassing, obscene, illegal, violating privacy rights, or in violation of third-party rights, (b) that advocates or advances criminal hacking, cracking, or phishing, or (c) that is malicious content, unlawful software or malicious code, such as viruses, worms, time bombs, and other harmful or malicious files, scripts, agents, or programs;
iii. use the ACI Libya Platform for illegal, threatening, or offensive uses purposes;
iv. access or use or attempt to access or use the ACI Libya Platform in any way that causes, or may cause, damage or injury or reputational damage to us, our affiliates, our customers, our partners, our suppliers, our products or services, including our infrastructure, portal, platform and the ACI Libya Platform, or to any other person or property;
v. modify, copy, adapt, reverse engineer, decompile, or disassemble any element of, use data gathering or extraction tools, or otherwise discover any source code, object code, software programs, processes, algorithms, methods, techniques, data, or information embodied in the ACI Libya Platform, or any feature, function or User interface thereof;
vi. use the ACI Libya Platform for commercial timesharing, rental, or service bureau use; or
vii. disclose results of any benchmark tests of, or obtained through ACI Libya Platform to any third party without our prior written approval.
4. User Account Creation and Information Submission
4.1. Registration To access and use the ACI Libya Platform, You are required to create an account (the
“Account”) by registering on the platform. During registration, you will be asked to provide accurate and complete personal and business information to fulfill the regulatory requirements set by the Libyan Customs.
4.2. Information Submission Once your Account is created and verified, you can use it to submit advance cargo information as required by the customs authorities in the Republic of Libya.
The information submission on the ACI Libya Platform will require detailed information about the shipment, including, but not limited to:
- Ports of departure, discharge, and transit (if applicable).
- Importer details
- Exporter details
- Freight Forward agent
- Attachments
- Port of departure
- Port of discharge
- Port of transit (if applicable)
- Voyage number
- Shipping line name
- Estimated date of departure and arrival of vessel
- Vessel name
- Shipment type
- HS code(s)
- Description of goods
- Weight and volume details
- No. and type of packages
- Origin of goods
- Incoterm
- FOB Value
- Freight Value
- Total Consignment Value
- LC reference (if applicable)
5. Payments and fees on the ACI Libya Platform
5.1. Electronic Payment Requirement - Registration Fee
All User must first pay a non-refundable registration fee. This initial fee is required to begin the application process on the ACI Libya Platform.
- ACI Fees
Before the submission and review of the ACI application on the ACI Libya Platform, all ACI fees must be paid electronically.
5.2. The Paylican Platform - Payments through the Paylican Platform
All payments and associated fees for submitting an ACI application on the ACI Libya Platform must be processed electronically through our designated e-payment system, the “Paylican Platform”, developed by Paylican FZ-LLC.
For transactions conducted on the Paylican Platform, a digitization and payment aggregation fee (the “Fee”) of 1% of the total transaction amount, up to a maximum of 100 USD per transaction, will be applied. This fee, which excludes taxes, is automatically deducted during the transaction process and deposited into Paylican FZ LLC's designated bank account.
- Exclusions
It is important to note that the Fee does not cover any additional charges that might be imposed by external payment operators such as banks, credit card companies, or mobile money providers. Such additional fees, if applicable, remain the responsibility of the User and will not affect the Fee charged by Paylican FZ-LLC.
- Right to Modify the Fee
Paylican FZ-LLC reserves the right to modify the Fee at any time. The Users will be notified of any changes through the email associated with their Paylican accounts and those changes will take effect 5 days after notification.
- Terms and Conditions of the Paylican Platform
Additionally, the use of the Paylican Platform is governed by specific Terms and Conditions of Paylican FZ-LLC.
6. Account Security and Confidentiality
6.1. We have adequate security measures in place to protect your information, including but not limited to using encryption technologies to keep your data private while in transit; reviewing our information collection and storage policies to prevent unauthorized access to our systems, and restricting personal information of personnel who need that information in order to process it.
6.2. You shall safeguard, keep confidential, and protect your Account details and password(s) at all times and take all necessary steps, and exercise reasonable care and diligence to prevent your Account details and password(s) from being used without authorization or fraudulently.
6.3. You shall inform us immediately if you become aware or discover that: (a) there have been any unauthorized instructions issued under your Account; (b) your Account details and/or password(s) may be or is lost, compromised, stolen by or disclosed to any unauthorized person(s); and/or (c) your Account details and password(s) have been used without authorization, and immediately take all reasonable steps to mitigate your damage and loss. You shall cooperate and follow our instructions in respect of any unauthorized instructions or lost, compromised, stolen or disclosed Account details and/or password(s), including re-setting your passwords. You remain liable and responsible for all loss and damage in connection with unauthorized instructions or lost, compromised, stolen, or disclosed Account details and/or password(s) caused or contributed by your act or omissions, or negligence.
7. Suspension, Maintenance, Upgrades, Reservation of Rights
7.1. We have the right to limit, suspend or revoke your access to the ACI Libya Platform if we reasonably determine that (a) your use is in breach of these Terms and Conditions or Applicable Laws, (b) the operation of these Terms and Conditions, in whole or in part, would adversely affect the reputation of us (or our affiliates) or cause us (or our affiliates) to violate Applicable Laws, (b) suspension is necessary to avoid adverse impact to us, you or other Users, including if the ACI Libya Platform (and/or our platform or the portal) is experiencing denial of service attacks, mail flooding, or other attacks or disruptions outside of our control, or (e) we required by Applicable Law or at the request of any government entity, agency or court. We reserve the right to terminate or cancel these Terms and Conditions immediately upon notice to you, including if our rights of suspension in this Clause arise, and/or terminate your access to your Account and remove and destroy any information contained or associated with your Account.
7.2. From time to time, we may need to suspend access to the ACI Libya Platform to carry out technical maintenance, updates, or repairs. We will endeavor to provide you with notice where the suspension of access to the ACI Libya Platform is for scheduled reasons and we shall carry out any necessary maintenance, updates, or repairs. However, we may not be able to provide you with any notice, including where such suspension is necessary because of an emergency.
7.3. The ACI Libya Platform (including third-party services, products, and/or data or information offered through the ACI Libya Platform, may be unavailable from time to time, and may suffer occasional disruptions and outages, which may also mean you are not able to access, retrieve or use any or all data. We are not liable for any disruption or loss you may suffer as a result of any such loss, interruption, delay data. We recommend that you regularly backup data that you store or provide through the ACI Libya Platform.
8. Intellectual Property
8.1. You (or your licensors) own and retain ownership over all Intellectual Property Rights to the data uploaded or provided by you.
By using the ACI Libya Platform, you grant us a non-exclusive, royalty-free license to process and utilize this data on a worldwide basis. This license is intended to allow us to provide you and other users with our services effectively and is perpetual and irrevocable to ensure the continuity of these services.
We are committed to using your data responsibly and in alignment with our obligations towards the Libyan customs and regulatory requirements. Our use of your data will always consider the safeguarding of your Intellectual Property Rights and be conducted with the utmost respect for the purposes of enhancing the ACI Libya Platform and the services we offer to you and our user community.
8.2. You acknowledge and agree that all Intellectual Property Rights to and subsisting in the ACI Libya Platform (including the platform, the portal(s), the APIs, underlying technology and software, the services, the content, materials, layout, and organisation of the ACI Libya Platform and any other materials provided by us to you) are owned by and shall remain with us (and our licensors).
8.3. We will not be responsible for any infringement of Intellectual Property Rights which arises from your use of the ACI Libya Platform in breach or non-compliance with these Terms and Conditions or in connection with your Data.
8.4. Your submitted data remains your property. Our ownership is confined to metadata, user experience insights, and aggregated or anonymized data generated from the use of the ACI Libya Platform. This allows us to enhance the Platform's functionality and service quality, without claiming ownership of your original data.
8.5. You may from time to time provide feedback, information, improvements, support requests, suggestions, inputs and other observations in connection with the ACI Libya Platform, our services or other products and services (collectively, the “Feedback”). You agree that all Intellectual Property Rights to such Feedback are and will be owned by us and you hereby assign any and all Intellectual Property Rights you may have presently or in the future in such Feedback to us upon creation.
9. Privacy
9.1. Please refer to our privacy policy for further information on how we collect, use, process, disclose and transfer any personal information which you acknowledge and agree to as a condition of accessing or using the ACI Libya Platform.
9.2. You will be responsible for backing up and maintaining records of any data uploaded to the ACI Libya Platform.
9.3. To the extent that you upload, disclose, transfer or process any personal data on the ACI Libya Platform, you undertake that you have complied with, and shall comply with all Applicable Laws (including those governing data protection and privacy) and shall ensure that you have obtained all consents, rights, approvals, or legal right to upload, disclose, transfer or process such personal data for the relevant purposes.
9.4. In order to upgrade or migrate the ACI Libya Platform to a different technical architecture, we may transfer your data to our employees, affiliates, suppliers and service providers located overseas, subject to having in place appropriate safeguards and conducting all overseas transfers in accordance with Applicable Law. You consent to us transferring data, and our employees, affiliates, suppliers and service providers accessing data for this purpose.
10. Exclusion of Liability
10.1. We do not warrant that the ACI Libya Platform will meet any and all requirements of any User, or that the use of the ACI Libya Platform will be uninterrupted, secure, timely or error free and neither we or any of our affiliates assume any responsibility of any kind for any interruption, interception, suspension, delay in the transmission, unavailability, blocking of any data or information in connection with the ACI Libya Platform (including the platform, portal(s) and hosting). To the extent permitted by Applicable Law, the ACI Libya Platform (including the platform, portal(s) and hosting) is provided "as is, as available" basis and without warranty or condition of any kind, whether expressed or implied, and any use of or reliance upon any part of the ACI Libya Platform and/or the platform and/or portal(s) shall be at your sole risk.
10.2. Except to the extent prohibited by Applicable Law, we disclaim all warranties, representations, terms or conditions (oral or written, express or implied) or guarantees regarding the ACI Libya Platform, including any implied warranties, terms or conditions relating to merchantability, title, non-infringement, or fitness for a particular purpose.
10.3. We will also not review or verify the data for accuracy, currency, quality or completeness and we disclaim all warranties, representations, guarantees (express or implied) in connection with (and shall not be responsible for) any data and any other third party content accessed, displayed or used (including your reliance on such data or information) in connection with or through the ACI Libya Platform, our platform or any other services.
10.4. To the extent permitted by Applicable Law, we, our affiliates, and each of our and our affiliates’ third party providers and each of their officers, directors, employees, agents, independent contractors, successors and assigns, shall in no event nor for any reason whatsoever be liable, even if the relevant party has been advised of the possibility of such Loss, for any Loss, including direct, indirect, special, or consequential damage, or economic loss, arising from or in connection with:
i. your use or misuse of the ACI Libya Platform;
ii. any access, use, or the inability to access or use the ACI Libya Platform;
iii. any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus, or other malicious, destructive or corrupting code, agent program or macros;
iv. any temporary suspension of the ACI Libya Platform (service, platform, portal(s) or otherwise) in accordance with these Terms and Conditions;
v. scheduled, urgent or emergency maintenance, upgrades or updates, as may be carried out by us from time to time;
vi. any decisions made by you arising from, or any application of (or failure to apply) results obtained from the use of the ACI Libya Platform;
vii. the authenticity or accuracy of data; or
viii. any problem, event or delay that is outside our reasonable control, including any force majeure event.
10.5. We do not have any contractual relationship with you in relation to the ACI Libya Platform (including our platform, portal(s) and/or our services) other than these Terms and Conditions, and other than as expressly set out in these Terms and Conditions, we shall not have any liability to you for any matters arising out of or in connection with the the ACI Libya Platform (including our platform, portal(s) and/or our services). To the extent that any liability under these Terms and Conditions cannot be excluded by Applicable Law but can be limited, our aggregate liability to you will be limited to an aggregate total amount of USD 1,000.
10.6. We and each of our and our affiliates’ third party providers and each of their officers, directors, employees, agents, independent contractors, successors and assigns, shall not be liable for any and all indirect, special, punitive or consequential Loss, or economic loss, loss of revenue, loss of profit, loss of data, loss of goodwill or opportunity or wasted expenditure arising from or in connection with these Terms and Conditions, the ACI Libya Platform (including the portal(s) and platform) or our acts or omissions under these Terms and Conditions.
11. Indemnity
11.1. You agree to defend, indemnify and hold harmless us, our affiliates, and each of our and our affiliates’ directors, officers, agents and representatives from and against any and all Loss arising from or relating to: (a) your use of and access to the ACI Libya Platform, and the transactions conducted by you through the ACI Libya Platform; (b) your violation of any provision of these Terms and Conditions; (c) and your violation of any third-party right, including any intellectual property or privacy right.
11.2. This defence and indemnification obligation will survive the termination of these Terms and Conditions.
12. Miscellaneous
12.1.
Confidentiality: You shall treat as strictly confidential and not disclose or use any information received or obtained in connection with these Terms and Conditions. However, this shall not prohibit the disclosure of such information to the extent: (a) required by Applicable Law; (b) it is or becomes publicly available other than as a result of a breach of an obligation of confidentiality; (c) the information is already in your possession or is independently developed by you; or (d) we have given prior written approval to the disclosure.
12.2.
No Assignment:. You may not assign your rights or obligations under these Terms and Conditions without our prior written consent. We may assign our rights or obligations under these Terms and Conditions to any affiliate or third party.
12.3.
Successors: these Terms and Conditions will bind you and our respective successors in title and assigns. These Terms and Conditions will continue to bind you notwithstanding any change in our name or constitution or our merger, consolidation or amalgamation with or into any other entity (in which case these Terms and Conditions will bind you to our successor entity).
12.4.
Entire Agreement: These Terms and Conditions constitute the whole legal agreement between you and us and govern your use of the ACI Libya Platform and completely replace any prior agreements between you and us in relation to the ACI Libya Platform.
12.5.
Subcontracting: We may engage any of our affiliates and/or local and/or overseas independent contractors and agents to operate the ACI Libya Platform and perform its services as deemed appropriate by us.
12.6.
Severability: Any terms and conditions of these Terms and Conditions are severable from and independent of other terms and conditions thereof. If any provision or term of these Terms and Conditions is held illegal, invalid or unenforceable under Applicable Laws, it shall be enforced to the extent permitted by Applicable Laws, and the remainder of these Terms and Conditions shall remain in full force and effect.
12.7.
Exercise of Rights: No act, delay or omission on the part of us to exercise any right, power or right of indemnity under these Terms and Conditions shall operate as a waiver thereof or affect any subsequent or further exercise or enforcement of any such right, power or right of indemnity. The rights and remedies under these Terms and Conditions are accumulative, and not exclusive of any rights and remedies provided by Applicable Law.
12.8.
Survival of Rights: The rights and obligations of the Parties that by their nature survive termination or completion of these Terms and Conditions shall remain in full force and effect.
12.9.
Force majeure: No party shall be liable to the other party for any failure to fulfil its duties hereunder if and to the extent that such failure results from an act or event affecting the performance by a party of its obligations hereunder arising from events beyond its reasonable control.
12.10.
Amendments: We may amend these Terms and Conditions from time to time. If we make any amendments, we will make an announcement in respect of the amended provisions on the ACI Libya Platform and/or by other means. If you maintain your Account(s) and/or continue to use the ACI Libya Platform after the amendments take effect, you will be deemed to have accepted such amendments. You should therefore also frequently check the provisions of these Terms and Conditions and any announcements and notices published on the ACI Libya Platform.
12.11.
Invalidity of any Provision: If any provision hereof is adjudged to be invalid, void or unenforceable, the parties agree that the remaining provisions hereof will not be affected thereby, that the provision in question may be replaced by a lawful provision that most nearly embodies the original intention of the parties, and that these Terms and Conditions will in any event remain valid and enforceable.
12.12.
Third Party Rights: A person who is not a party to these Terms and Conditions has no right to enforce any term of, or enjoy any benefit under, these Terms and Conditions.
12.13.
Governing Law: These Terms and Conditions have been made in and shall be construed and enforced in accordance with the laws of Dubai, United Arab Emirates. The Parties consent to the exclusive jurisdiction of the Courts of the Dubai International Arbitration Centre.
Latest version: February 2024