Please read this notice and disclaimer therein carefully before using the Website. Use of the Website or any part of it constitutes irrevocable and unconditional acceptance of your agreement to the terms and conditions outlined above and to be bound by them, as such terms may be modified from time to time in our sole discretion without any notice or liability to you.
Your use of this website signifies your acceptance of these terms and conditions and agreement to be bound by them.
If you are dissatisfied with any portion of the Website or with any or all the terms and conditions below, your sole and exclusive remedy is to discontinue using the Website.
GENERAL
Capitalised terms used in these Terms shall have the following meanings:
“Intellectual Property Rights” shall mean any trademarks, service marks, logos, trade names, corporate names, copyrights, Internet domain names, patents, registered designs, database rights, rights in designs, inventions, semiconductor topography rights, know-how, trade secrets and/or any similar right exercisable in any part of the world, whether registered or not, and including any applications for the registration of any such rights.
“Loss” or “Losses” means losses, liabilities, damages, judgments, awards, penalties, sanctions, fines, settlements, claims, demands, actions, costs and expenses of whatsoever nature (including, without limitation, attorney/legal fees for both internal and external counsel; costs related to investigation, arbitration, litigation and/or settlement; loss of profit; loss of revenue; loss of business; loss of data; loss of opportunity; business interruption; and loss of goodwill).
“Personal Data” means any data or information relating to an individual and from which it is practicable for the identity of the individual to be directly or indirectly ascertained, and in a form in which access to or processing of the data is practicable (including, but not limited to, names, photographs, addresses, titles, telephone numbers, email addresses and other personal details).
“Privacy Policy” means our privacy policy, which may be amended by us from time to time at our sole discretion, without any prior notice to you.
“Terms” means these terms and conditions for use of the Website.
“Website Content” means any data, material or information, in any format whatsoever, including (without any limitation) any data files, text, computer software, images, graphics, photos, video clips, sound, audio files, directories or databases, that are made available on or through the Website.
“You” or “Your” means you, the person or entity who is accessing or viewing the Website.
“We”, “Us” or “Our” means VaMa Maritime Ventures Limited and each of its affiliates, subsidiaries and parent companies, if any.
By accessing this website (www.vama-maritime.com) (“Website”) you agree to be bound by and accept these Terms and the Privacy Policy. You may not use the Website if you do not agree to accept all of these Terms and the Privacy Policy.
“VaMa” shall mean “VaMa Maritime Ventures Limited”; a company incorporated in & under the laws of Hong Kong SAR.
No other permission is granted to you, or anyone acting on your behalf, to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the Documents. No permission is granted to you to use, or permit others to use VaMa Maritime Venture Limited’s icons, site addresses, or any other means to hyperlink other Internet sites with any page in the Website.
You agree that any unauthorized downloading, re-transmission or other copying or modification of the Documents or any other use than that described above is strictly prohibited by law. It is further implied that:
• you will not use the Website or Website Content in any way that is unlawful and/or breaches any applicable laws, regulations, codes, guidelines or orders;
• you agree not to use the Website or Website Content in any way that contravenes or infringes upon any of our rights or any third party’s rights (including Intellectual Property Rights); or
• you will not use the Website or Website Content to send, communicate or engage in any harassing, disruptive, offensive, abusive, threatening, indecent, defamatory, obscene or menacing behaviour, or behaviour that causes annoyance, inconvenience, needless anxiety or is intended to deceive.
• you will not modify, copy, reproduce, download, re-publish, sell or distribute any part of (or create derivative works) based on any part of the Website or Website Content;
• you will not use of the Website or any Website Content for any purpose not expressly permitted in these Terms; and
• you shall not take any action or allow any third party to take any action that would interfere with or disrupt the Website, or the servers and networks through which the Website is operated, or which would enable you, or any third party, to gain unauthorized access to, or to tamper with or use any of our computer systems or networks.
The Website Content is provided for your general reference only, and is not intended to amount to any advice, representations or warranties on which you should rely. It is your responsibility to exercise your own judgment and to obtain professional or specialist advice before taking or refraining from taking any action based on the Website Content.
Without prejudice to the generality of above, we make no representations or warranties as to the accuracy, completeness, adequacy, quality, reliability or validity of any of the website content or any other information or material provided on or through the website.
This Website is provided solely for your personal use. No copy may be posted in whole or in part on any network computer or broadcast in any media. No modifications to any Documents may be made and no content downloaded.
Any materials, including website content, if downloaded without due permission or otherwise obtained or accessed through the website is at your sole risk and discretion, and you shall be solely responsible for any damage to your computer system or other devices or loss of data that results from such.
Our liability will be limited to the maximum extent permitted by applicable law. We shall not be liable to you in contract, tort or otherwise for any losses whatsoever (including, without limitation, any special, indirect, direct, punitive, incidental or consequential losses) which may arise in relation to the website or the website content, irrespective of whether or not we were advised of or should have been aware of the possibility of such losses in advance.
You hereby agree to indemnify, defend and hold us harmless, and each of our partners, officers, directors, agents, affiliates, and licensors, from and against all Losses that may arise directly or indirectly out of or in connection with:
• any breach or non-compliance by you of any of these Terms;
• your use of the Website or Website Content;
• any violation, trespass, contravention, breach or infringement of our or any third party’s Intellectual Property Rights caused by you, or your employees, agents or affiliates; or
• any breach by you of the Hong Kong Personal Data (Privacy) Ordinance and/or any other applicable data protection laws.
You acknowledge and agree that we (or our licensors), own all legal rights, titles and interest, including any Intellectual Property Rights, in and to the Website and the Website Content.
All trademarks, service marks, logos and trade names used and displayed on this Site are proprietary to the Company or other respective owners that have granted the Company the right and license to use such marks.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Website or Website Content.
Hypertext linking to this Site and framing of this Site without the prior written permission of the Company is strictly prohibited.
NOTES
1 Warranties & Conditions
The information, services, products and materials contained within this site is provided by the company on an “as is” basis and the company, their suppliers, consultants, directors, officers and employees (collectively throughout “the company”) make no representations or warranties of any kind, either express or implied, including, without limitation, warranties or conditions of title or implied warranties of merchantability or fitness for a particular purpose, and non-infringement. The company does not represent or warrant that the information accessible on this site is accurate, complete, or current. In no event shall VaMa or any party involved in creating, producing or delivering this site be liable for special, indirect, exemplary, or consequential damages or any damages whatsoever, including but not limited to, loss of use, data, or profits, without regard to the form of any action, including but not limited to contract, negligence, or other tortious actions, all arising out of or in connection with the access to, use, copying, or display of the contents of this site.
2 Force Majeure
Without prejudice to the generality of some relevant Clauses above, under no circumstances shall we be liable for any delay or failure or disruption in relation to the Website or Website Content resulting directly or indirectly from anything beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, labour disputes, war, riots, civil disturbances, shortages of labour or materials, fires, flood, typhoons, earthquakes, explosions, acts of God, actions or orders issued by governmental or regulatory authorities or any courts or tribunal with applicable jurisdiction, or non-performance of third parties.
3 Severability
If any of these Terms are held invalid, illegal or unenforceable by any court or tribunal of competent jurisdiction, it will be severed and the remaining terms will continue in full force and effect as if these Terms had been made without the invalid, illegal or unenforceable terms.
4 Entire Agreement
These Terms contain the entire agreement between you and us and replaces all previous written or oral agreements in relation to the Website and Website Content.
5 Waiver
A failure or delay by us to exercise any right or act upon a breach under these Terms will not be a waiver of that right or breach. Any waiver by us of any of our rights or of a breach of these Terms must be in writing, and such waiver is limited to that particular right or breach stated therein.
6 Assignment
You may not transfer any of your rights or obligations under these Terms without our written consent. We may transfer our rights or obligations or both to any person or entity, including any of our affiliates, without your consent.
7 Language
These Terms are drafted in the English language. If these Terms are translated into any other language, the English language version shall prevail.
DISCLAIMER
The information on this website is intended for general guidance only.
Neither Vama nor its affiliates (if any) shall be liable for any direct, incidental, consequential or punitive damages arising out of access to or use of any content on this site, including viruses.
No claims, actions or legal proceedings in connection with the Website brought by any visitor or other person having reference to the material on the Website will be entertained by VaMa.
We use administrative, technical, and physical security measures to help protect the information posted on the website and/or your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.
VaMa hopes continually to develop and improve the Website. VaMa therefore cannot guarantee that you will see the same thing each time you visit the Website. We reserve the right to vary and develop the Website and the materials herein and system without prior notice.
These Terms and legal notice shall be governed by the laws of Hong Kong, and are subject to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region of the People’s Republic of China.
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