BIC Facility Code Database and Geofence – Terms and Conditions

These Terms and Conditions shall apply to the use of the BIC Facility Code Database, the joint BIC-SMDG Facility Code API, and the Global Geofence Library which are hosted by the Bureau International des Containers et du Transport Intermodal (hereinafter the “BIC”).

1. Definitions

The terms and expressions which first letter is a capital one (used either as singular or plural) have the meaning defined in this article:

“Geofence” means the geographical perimeter of a Facility composed with a set of latitude and longitude coordinates and precisely located on a map;

“Geofence Review Panel” means the panel of Volunteers that aims at verifying the Facilities’ Geofence contributed by Contributors;

“Facility” means a depot, an inland terminal, a rail yard or another intermodal container facility;

“Volunteer” means a volunteer participating on a Geofence Review Panel;

“Approver” means a Volunteer authorized by the BIC to approve contributions within the Global Geofence Library on behalf of the Geofence Review Panel;

“Contributor” means a person who contributes a Geofence for addition to the Global Geofence Library;

“BIC Facility Code” means the nine-character identifier of container Facilities delivered by the BIC.  It is also a child code of the UN/LOCODE.

“SMDG Ocean Terminal Code” means the identifier of ocean terminals delivered by the Ship-planning Message Development Group (SMDG). It is also a child code of the UN/LOCODE.

“BIC Facility Code Database” means the database, hosted by the BIC, containing BIC Facility Codes and associated Facility information;

“SMDG Ocean Terminal Code Database” means the database, hosted by the SMDG, containing SMDG Facility Codes and associated terminal information;

“BIC-SMDG Joint API” means the Application Program Interface hosted by the BIC, allowing the access to BIC Facility Codes, SMDG Ocean Terminal Codes and Geofences;

“Global Geofence Library” means the library of Geofences, hosted by the BIC, which is associated with the BIC Facility Code Database and the SMDG Ocean Terminal Database;

“Databases” means together the BIC Facility Code Database, the Global Geofence Library and the BIC-SDMG Joint API;

“User” means any user of the Databases, including but not limited to Volunteers, Approvers and Contributors.

2. Scope

These Terms and Conditions apply to the use of the Databases by any User.

By accessing and consulting the Databases, the User accepts without limitation these Terms and Conditions.

Contributors and Approvers are required to accept these Terms and Conditions by checking a box in order to contribute to the Global Geofence Library and approve Geofences.

Volunteers are required to accept these Terms and Conditions in order to participate to the Geofence Review Panel.

3. Access to the Databases

Access to the Databases is free of charge, excluding any subscription costs with a mobile telephone operator, excluding connection and access costs to the Internet network and excluding any additional costs charged for loading data.

To access and use the Databases, the User must have a terminal with access to the Internet network and an up-to-date browser.

Access to the Databases is not conditional on the creation of an account, except for (i) Contributors who must fill in a form and create an account in order to contribute to the Global Geofence Library and for (ii) Approvers who also need to create an account to approve the Geofences.

If applicable, the creation of an account requires Contributors and Approvers to complete the sign-up form that collects the following information:

  • email address;
  • password;
  • first name;
  • last name;
  • phone number;
  • company;
  • address;
  • activity.

After the completion of the sign-up form, Contributors and Approvers will then be granted user ID and password and are responsible for the use of their ID and passwords and shall ensure that they are not shared with non-authorised users.

The BIC is not responsible for any unauthorised access and/or use by any third party who independently gains access to the account.

Contributor and Approvers will notify the BIC promptly of any unauthorised use or of any other breach of security occurring or of any vulnerabilities so that the BIC may take or recommend appropriate remedial measures.

4.Functionalities of the Databases

4.1 Facility Code Database

As part of its mission, the BIC hosts the BIC Facility CodesDatabase which contains the following data:

  • BIC Facility Codes,
  • Facilities’ name,
  • Owners’ name,
  • Facilities’ location.

4.2 BIC-SDMG Joint API

The BIC-SDMG Joint API hosted by the BIC allows the access to BIC Facility Codes, SMDG Ocean Terminal Codes and Geofences and their integration into the User’s own information system.

In addition to these Terms and Conditions, use of the API is also subject to the API Terms of Use. The API Terms of Use complement the full Terms and Conditions applicable to each of the various BIC services which apply whenever those services are accessed, including via API.

The BIC only makes available the SMDG Ocean Terminal Code Database, for which SMDG is solely responsible.

4.3 Global Geofence Library

The Global Geofence Library is hosted by the BIC and contains data from both the BIC Facility Code Database and the SMDG Ocean Terminal Code Database, in both cases including:

  • Facilities’ name,
  • Facilities’ location,
  • Owner’s name,
  • Geofence,
  • Date of last update of the Geofence.

5. Specificities of the Global Geofence Library

5.1 The Contributor

By contributing a Geofence for addition into the Global Geofence Library, the Contributor agrees to:

  • ensure that the submitted Geofence accurately represents the boundary of the Facility, to the highest degree possible;
  • indicate if the contributed Geofence is for his own Facility;
  • ensure that the submitted Geofence is drawn according to the best practices defined in the UN/CEFACT White Paper on Geofencing (link coming soon);
  • verify that the Facility Code does not exist in the Facility Code Database if they create a new Facility Code prior to creating the Geofence (if this is the Contributor’s Facility, and the Facility Code needs to be updated, the Contributor needs to contact the BIC or the SMDG as applicable).

5.2 The Volunteer

The Volunteer agrees to:

  • review the Geofences according to the criteria and best-practices described in the UN/CEFACT White Paper on Geofencing (link coming soon),
  • carry out the review process to the best of their ability,

5.3 The Approver

The Approver undertakes to:

  • only approve Geofences using the following guidelines, which vary based on the source of the contribution, as follows:
    • Geofences contributed directly by Facility owner or operator (“Facility Provided”) qualify for fast-track approval, i.e. direct approval without review by a Geofence Review Panel. The Approver will make reasonable efforts to confirm the identity of the Contributor (at minimum: verifying that the e-mail address matches the URL of the Facility owner/operator) prior to approving,
    • Geofences contributed by a Volunteer with local knowledge (“Local Knowledge”), or which have been reviewed by local working groups, and which meet the criteria of the UN/CEFACT Whitepaper on Geofencing, may be approved without a Geofence Review Panel,
    • Geofences that are neither Facility-Provided nor contributed by a Volunteer with Local Knowledge may only be approved following review and approval by the Volunteers participating in the Geofence Review Panel.

6. Warranties and liability

6.1 Accuracy of the information

By viewing, downloading or in any way accessing Geofences from the Global Geofence Library, the User acknowledges that the Geofences may not be accurate or up-to-date.

The User acknowledges that Geofences contained in the Global Geofence Library have been contributed by facility owners/operators and experts with local knowledge and/or reviewed by the Geofence Review Panel on a best-effort basis.

Neither the BIC, nor the Volunteers and Approvers, guarantee absolute accuracy.

More generally, the User acknowledges that the information contained in the Databases may not be accurate or up-to-date.

The BIC only hosts the Databases and has no control over the accuracy and veracity of the information contained in the Databases.

By using the data in the Databases, the User agrees to hold harmless the BIC, the SDMG, the Contributors, the Volunteers and the Approvers for any damages that may result from inaccurate data.

Under no circumstances will the BIC be liable for any inaccurate or erroneous information contained in the Databases, regardless of whether such information has caused injury to a User or a third party.

It is the User’s responsibility to verify the information contained in the Databases.

6.2 Use of the Databases

The BIC does not grant any warranty that is not expressly referred to in the Terms and Conditions.

The User uses the Databases at his own risk. Under no circumstances will the BIC be held responsible for the use made of the Databases by the User, nor for any damage that may result for the User or for third parties, in particular for any virus or malicious software that may be transmitted to the User.

In this respect, the User is informed that, due to the intrinsic characteristics of the Internet, data transmitted via the Databases is not protected against the risks of detour and/or piracy, for which the BIC cannot be held responsible.

It is up to the User, if necessary, to take all appropriate measures to protect his/her computer and/or data, including the installation of adequate technical tools, such as, for example, antivirus, firewall, automatic cleaning tools, etc.

The BIC makes no warranty that the Databases will meet the User’s requirements. The BIC makes no warranty regarding the advice, results or information obtained by the User on the Databases.

7. Notification

In the event that the User identifies any inaccurate or erroneous information on the Databases, the User shall immediately notify the BIC of such information by sending an e-mail to the following address: [email protected]  The BIC will use its best efforts to update such information.

In the event that the information is found to be inaccurate but updating it would require disproportionate effort or turn out to be impossible, the BIC will remove the information in question.

In the event the User feels a Geofence is inaccurate, they are invited to draw and submit a proposed replacement Geofence here.  The submission will be reviewed by a Review Panel, or by the facility itself as applicable.

8. Availability

The BIC makes its best efforts to ensure that the Databases are accessible twenty-four hours a day (24 h/24), seven days a week (7 d/7).

The BIC reserves the right, without compensation, to temporarily or permanently close the access to the Databases in order to perform maintenance operations related to technological developments, or necessary for the continuity of the functionalities of the Databases.

9. Intellectual property rights

The User acknowledges and accepts that the intellectual property rights of the Databases are the exclusive property of the BIC, and if applicable of the SMDG, with the exception of those elements for which the BIC has obtained a license.

It is expressly forbidden for the User to reproduce, represent, adapt, exploit and extract any of the elements that make up the content of the Databases without the express prior authorization of the BIC or if applicable of the SMDG.

10. Personal data

The BIC undertakes to comply with the provisions of Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (the “GDPR”) and the French Data Protection Act as amended.

Contributors are informed that the minutes of working sessions of the Geofence Review Panel, in which their names are mentioned will be distributed to the Volunteers and may be made public.

For more information on how the User’s personal data is processed by the BIC, the User is invited to read the Privacy Policy available at the following link: https://www.bic-code.org/privacy-policy/

11. Duration of the Terms and Conditions

In general, the Terms and Conditions apply during any access, navigation and use of the Databases by the User. They cease to apply to the User from the moment the User ceases to access, browse and use the Databases.

Specifically for Volunteers, the Terms and Conditions apply during the participation of the Volunteer to the Geofence Review Panel. They cease to apply to the Volunteer from the moment the Volunteer withdraws or is withdrawn by the BIC from the Geofence Review Panel.

Specifically for Contributors and Approvers, the Terms and Conditions apply as long as the Contributor or the Approver has an account enabling him to contribute to the Global Geofence Library or to approve Geofences.

Deletion of its account may be requested by the Contributor or the Approver by sending a mail to [email protected]

The Contributor or Volunteer shall be under no obligation to provide any justification. The BIC will promptly confirm the deletion of the account.

12. Removal of the Databases access

In any event, the BIC may, without prejudice to any judicial damages, end the User’s access to the Databases, with immediate effect in the event of failure by the User to fulfil any of its essential obligations under the Terms and Conditions, if this failure has not been remedied by the User within thirty (30) days of notification of this failure by the BIC by registered mail or letter with acknowledgement of receipt.

The BIC may suspend the User’s access to the Databases during the aforementioned thirty (30)-day period before ending the User’s access permanently.

The removal of the User’s access automatically results in the termination of the Terms and Conditions.

13. Miscellaneous

13.1 Assignment

The User may not assign or delegate any rights or obligations under these Terms and Conditions, including in connection with a change of control. Any purported assignment and delegation shall be ineffective.

13.2 Waiver

The fact that either party does not exercise any of its rights hereunder shall not constitute a renunciation by it of its exercise, such renunciation being subject only to an express declaration by the party concerned.

13.3 Independence

Nothing in these Terms and Conditions shall be construed as creating an employer-employee relationship, processor-subprocessor relationship, a partnership, or a joint venture between the BIC and the User.

13.4 Validity

If one or more provisions of the Terms and Conditions are considered invalid by a competent court, the other provisions shall retain their scope and effect.

The provision considered invalid shall be replaced by a provision whose meaning, and scope shall be as close as possible to the provision thus invalidated, while remaining in accordance with the applicable laws and the common intention of the parties.

14. Force majeure

Neither the User nor the BIC shall be held liable if the performance of its obligations is delayed, restricted or made impossible due to the occurrence of an event of Force Majeure as defined by article 1218 of the French Civil Code and by French case law.

In the event of the occurrence of a Force Majeure, the performance of the obligations of the User or the BIC shall be suspended. If the Force Majeure continues for more than one (1) month, the Terms and Conditions may be terminated at the request of the most diligent party without any liability on the part of one party to the other. Each party shall bear the cost of all costs incumbent upon it as a result of the occurrence of Force Majeure.

15. Applicable law – competent jurisdiction

The Terms and Conditions are governed by French law.

The courts of Paris shall have exclusive jurisdiction over any dispute relating to or arising out of the Terms and Conditions or the use of the Databases.

 

Updated: 17 November 2023