TERMS AND CONDITIONS
USER OBLIGATIONS :
By downloading, accessing, or using the Site in order to view our information and materials or submit information of any kind, you represent that you are at least eighteen (18) years of age (or the age of majority inyourstateofresidence). You agree to abide by all applicable local,state,national,and international laws and regulations with respect to your use of the Site. You also acknowledge and agree that use of the Internet and access to the Site is solely at your own risk. You are responsible for maintaining the confidentiality of any account number, account name, user id and/or password, if applicable, for the services you utilize through the Site. You should also understand that the confidentiality of any communication or material transmitted to/from a Site over the Internet or other form of global communication network cannot beguaranteed. Accordingly,SHM Group is not responsible for the security of any information transmitted to or from the Site. SHM Group reserves the right to prohibit or terminate use of or access to the Site at any time, without notice, for any reason whatsoever.
The user represents and warrants that he/she is fully aware of the laws of the country/state he/she resides in and also those of India particularly those governing the Shipping Industry and the visitor is neither violating nor attempting to violate any law.
LICENSE GRANT :
This TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site conditioned on your continued compliance with the terms and conditions of this TOU. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use any article or other content on the Site in any manner not expressly permitted herein.
Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of the Site, including, without limitation, the account of another User(s), or any other systems or networks connected to the Site or to any SHM Group server or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other User of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or the Company’s systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person's use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to SHM Group on or through the Site, or (viii) use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact SHM Group, (ix) use or post any computer programs in connection with his/her use of the website that contain destructive features such as viruses anomalies, self-destruct mechanisms, time/logic bombs, worm, Trojan horses etc. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY SHM Group TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
PROPRIETARY RIGHTS :
This TOU provides only a limited license to access and use the Site. Accordingly, you expressly acknowledge and agree that SHM Group transfers no ownership or intellectual property interest to or title in the Site to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by SHM Group and its successors and assigns and are protected by law including, but not limited to, Copyright, trade secret, patent, and trademark law, of India as well as other international laws and regulations. Except as expressly provided herein, SHM Group does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. The Site is Copyright © 2012 SHM SHIPCARE or its affiliates or subsidiaries. All rights reserved. SHM Group also owns a copyright in the contents of the Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site. Any downloadable or printable programs, directories, databases, information, or materials available through the Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated,areownedbySHMGroup. Allnames,logos,and icons identifying SHM Group and its programs, products, and services are proprietary trademarks of SHM Group, and any use of such marks, including, without limitation, as domain names, without the express written permission of SHM Group is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
ON-LINE-PURCHASES; SPECIFIC PROGRAMS; OTHER TERMS AND CONDITIONS :
Additional notices, terms, and conditions may apply to the purchase of products, receipt of services, User registration with the Site, and/or to other specific portions or features of the Site, all of which are made a part of this TOU by this reference. You agree to abide by all such other notices, terms, and conditions. Notwithstanding anything stated hereinabove or in this website, it is clarified, understood and agreed that the SHM Group through this website does not intend to make any offer, proposal or contract as per prevailing laws in India or any similar or relevant law in the country of residence or access of the visitor. SHM Group’s obligations, if any, with respect to its services, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on the Site should be construed to alter such terms, conditions, notices, and agreements. SHM Group makes no warranties or representations whatsoever regarding any other Website that you may access through the Site.
Please review our online Disclaimer at www.shmgroup.com, incorporated herein by reference, for information about endeavour of SHM Group towards providing the information about the products, services etc and its responsibility towards the information displayed on the website.
LIMITATION OF LIABILITY:
You expressly absolve and release SHM Group and its affiliates and all of their respective employees, agents, directors, partners, officers, shareholders, attorneys, successors, and assigns from any claim of harm resulting from a cause beyond SHM Group’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL SHM Group BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE SITE, OR OTHERWISE ARISING OUT OF UTILIZATION OF THE SITE.
You agree to defend, indemnify, and hold harmless SHM Group and its affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of this TOU.
GOVERNING LAW :
This TOU makes up the entire agreement between SHM Group and you relating to the Site and replaces any prior understandings or agreements (whether oral or written) regarding the Site. The laws prevailing in India will govern this TOU.
The SHM Group reserves the right to terminate, revoke, modify, alter, add, and delete any one or more of the terms and conditions of the website. The SHM Group shall be under no obligation to notify the visitor of the amendment to the terms and conditions and the visitor shall be bound by such amended terms and conditions. By using this Website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.