General Terms & Conditions
i) These General Terms & Conditions, along with any attachments or other documents incorporated by reference, are collectively referred to as “this Agreement”.
ii)Maritime Online Services Pvt. Ltd. will provide you with such of its products, services, website user registration, advertisement opportunities and marketing consultation as have been mutually agreed. Maritime Online Services Pvt. Ltd. grants you an access to use the online information & services offered to sell OR purchase of maritime goods or services.Such Services may be subject to additional licences or terms and conditions which shall form part of this Agreement, but to the extent that there is any inconsistency such licences or terms and conditions will prevail over these General Terms & Conditions.
iii)Maritime Online Services Pvt. Ltd.informs you that your use of the Services in accordance with this Agreement will not infringe any third party’s copyright or other intellectual property or related right. You must contact Maritime Online Services Pvt. Ltd. immediately if anyone makes or threatens to make a claim against you relating to your use of the Services and you will comply with any reasonable request from Maritime Online Services Pvt. Ltd. in relation to any such claim.
iv) All intellectual property, including, but not limited to patents, trade secrets, copyrights and trademarks, that is generated, developed or created by Maritime Online Services Pvt. Ltd. for use in or as part of the Services shall be the property of Maritime Online Services Pvt. Ltd.. You will do all that is necessary to assist Maritime Online Services Pvt. Ltd. in the protection of such intellectual property.
v) Either party may assign this Agreement and its rights or obligations hereunder without the other party’s consent to any of its existing or future subsidiaries or affiliated companies. Otherwise this Agreement may not be assigned or transferred without the prior consent of the other party, which consent shall not be unreasonably withheld
i)“Information provided by you”, being any business or technical information that you provide in connection with your use of your Maritime Online Services Pvt. Ltd. offered services, is your property
ii) “Confidential Information” means any business or technical information provided by you or Maritime Online Services Pvt. Ltd. to the other party (‘the receiving party’) for the purposes of your use of your Maritime Online Services Pvt. Ltd. services, whether or not stated has to be confidential
iii) Confidential Information shall not be, or shall cease to be, confidential if it is, or through no act or failure to act on the part of the receiving party becomes, generally known or publicly available
iv) Neither you nor Maritime Online Services Pvt. Ltd. shall disclose the other’s Confidential Information to any other users of the Maritime Online Services Pvt. Ltd. services (“Registered Users”) or third parties, or otherwise use any of such Confidential Information, except to the extent necessary to provide your Maritime Online Services Pvt. Ltd.services (Clause v of Confidentiality)
v) Maritime Online Services Pvt. Ltd. may disclose:
va) Your information to other Registered Users like name, address, email address or other contact information (including that of any individual provided for the purposes of your use of your Maritime Online Services Pvt. Ltd. services);
vb) Your company name, logo and hyperlinks to your website on its website and similar marketing materials, but Maritime Online Services Pvt. Ltd. shall not use them in any advertising/ promotional activities without your prior permission;
vc) Any information provided by you where Maritime Online Services Pvt. Ltd. is in good faith believes it to be necessary to do so for the proper operation of the services offered;
vd) Any information where Maritime Online Services Pvt. Ltd. is legally obliged to do so by any government/ non-government authority or regulatory body or where it is necessary for Maritime Online Services Pvt. Ltd. to do so in order to identify, contact or bring legal action against someone who may be violating this Agreement or may (either intentionally or unintentionally) be causing injury to or interference with the rights or property of Maritime Online Services Pvt. Ltd., other Users or any third party;
Maritime Online Services Pvt. Ltd. and You will seek:
i)You will not to put into the other party’s system, email communications or program any sort of material which will OR may contains any viruses OR other similar computer programming routines.
ii)You have to keep the other party informed of any changes that may affect the software, system or services of the other party, including changes of address and updates to software used by the other party.
i)Either intentionally or unintentionally you will not in any way tamper with, reverse engineer or otherwise copy or adapt any Maritime Online Services Pvt. Ltd. information or its functionality, except and to the extent this is permitted by law
ii) You will also not, lease, lend, distribute, sell, sublicense, or otherwise transfer any information or its functionality of Maritime Online Services Pvt. Ltd. to any other party.
iii) You are solely responsible for the quality, reliability, auto corrections and accuracy level of your information supplied or auto corrected
iv) Maritime Online Services Pvt. Ltd. is not a party to or otherwise a participant in Supplier-to-Consumer transactions and, in the event of any dispute or proceedings (whether civil or criminal) regarding such transactions between you and purchaser or any other third party (including any government authority), You will defend, protect and indemnify Maritime Online Services Pvt. Ltd., its agents, contractors, officers, directors and employees from any and all claims, loss, damages and fines arising out of or in any way connected with such dispute, except to the extent that Maritime Online Services Pvt. Ltd. is in breach of this Agreement.
Maritime Online Services Pvt. Ltd. Liabilities:
i) Maritime Online Services Pvt. Ltd. cannot guarantee that your services will never be faulty or that they will be available at all times but Maritime Online Services Pvt. Ltd. will endeavour to correct reported faults as soon as it reasonably can. If a fault occurs you should report the fault to Maritime Online Services Pvt. Ltd. Support/ Administration Team, whose contact details can be found on its website. Maritime Online Services Pvt. Ltd. may need to vary technical specification, or temporarily suspend account the whole or any part, of your services from time to time but will give you notice/ reminders as is reasonably practicable in the circumstances.
ii) Maritime Online Services Pvt. Ltd. will use all reasonable skill and care in the creation and supply of your services;Maritime Online Services Pvt. Ltd. does not give any warranty as to their suitability, accuracy, freedom from fault or fitness for any purpose.
iii) Maritime Online Services Pvt. Ltd. accepts no liability in contract or tort (including liability for negligence) for loss of business revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect, special or consequential loss or damage (including punitive damages).
iv) Maritime Online Services Pvt. Ltd. does not limit or exclude its liability for death or personal injury caused by its negligence or any other liability to the extent that such a limitation or exclusion is prohibited by law.
v) Maritime Online Services Pvt. Ltd. will not be liable if Ship Services Online cannot perform any of its obligations under this Agreement because of circumstances beyond its reasonable control such as technical failure, severe weather, fire or explosion, civil disorder, war, or military operations, natural or local emergency, anything done by government or other competent authority or industrial disputes of any kind.
Termination and Failure to Perform:
i) This Agreement will continue indefinitely. It may be cancelled by either party giving notice not less than the Notice Period (which if not specified shall be 30 days) before, or at any time after the end, of the Agreement Period.
ii) If any amount due from you to Maritime Online Services Pvt. Ltd. has not been paid on time in accordance any credit period set out in an invoice, you may be subject to a service charge (as applicable then by law) per month on such unpaid amounts, but this will not relieve You of Your obligation to pay amounts due.
iii) If Maritime Online Services Pvt. Ltd. reasonably believes in its sole opinion that any of your Information may damage the hardware or software of Maritime Online Services Pvt Ltd or any other Registered User, or otherwise cause harm to Maritime Online Services Pvt. Ltd. or any of its Registered User, Maritime Online Services Pvt Ltd may notify you of such belief and of its intention to act, and immediately thereafter remove such Information from its own systems or otherwise limit your usage of Maritime Online Services Pvt. Ltd. services.
iv) Despite any right elsewhere in this Agreement, if one party is in breach of this Agreement, it may be given by the other party 30 days’ notice to rectify such breach. If, at the end of the notice, the breach has not been rectified, the party giving notice may cancel this Agreement with immediate effect and terminate your services with Maritime Online Services Pvt. Ltd..
v) Upon the termination of this Agreement for any reason all services offered by Maritime Online Services Pvt. Ltd. will terminate immediately and you in will destroy all access codes/ registration credentials supplied by Maritime Online Services Pvt. Ltd.. Termination shall not affect either party’s accrued rights or liabilities under this Agreement.
Changes to these General Terms & Conditions:
i) If Maritime Online Services Pvt. Ltd. wishes to make any changes to these General Terms & Conditions, it will notify You of the changes 45 days before such changes are to come into force