This section would have content similar to the following:
- 1. ACCEPTANCE OF TERMS
This web site is hosted by OMCI Shipmanagement. The provision of Data Services is subject to the following terms and conditions, supplemented by any rules, guidelines or policies (collectively "Terms of Service") that may be published from time to time by OMCI Shipmanagement. Please read them carefully. Your use of the OMCI Shipmanagement site and services presumes your acceptance of these Terms of Service. The Terms of Service constitute the entire agreement between you and OMCI Shipmanagement and govern your use of the Data Services, superseding any prior agreements between you and OMCI Shipmanagement. If you do not agree to these Terms of Service then please do not use the Data Services.
- 2. USER REGISTRATION, PASSWORD SECURITY
As a condition of using the Data Services, you agree to:
provide true, accurate, current and complete information about yourself and your organization (the "Registration Information") as prompted by the forms;
to maintain and promptly update the Registration Information to keep it true, accurate, current and complete. If OMCI Shipmanagement has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, OMCI Shipmanagement has the right to suspend or terminate your account, and refuse any and all current or future use of the Data Services.
to notify OMCI Shipmanagement immediately of any unauthorized use of your or your organization's password or account. You are responsible for maintaining the confidentiality of that password.
- 3. PROVISION OF SERVICES - PAYMENTS AND CANCELLATIONS
Unless otherwise agreed by us in writing, all payments for Data Services must be "pre-paid," including set-up fees and service renewal fees.
Failure to pay, cancellation of payment, or the refusal of a financial institution to honor the payment instrument will result in the suspension or termination of a subscriber's account at the option of OMCI Shipmanagement. See para. 10 Suspension and Termination.
- 4. ACCEPTABLE USE
You acknowledge that OMCI Shipmanagement has established an acceptable use policy and that your use of the Data Services makes you subject to that policy; please see our Acceptable Use Policy.
- 5. PRIVACY
Certain other data you provide to OMCI Shipmanagement or process through the Data Services is subject to our privacy policy. For more information, please see our Privacy Policy.
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6. PROPRIETARY RIGHTS
The technology underlying the Data Services is owned by or licensed to OMCI Shipmanagement and/or its providers, and is protected by copyright law and other protection provided by law for intellectual property. The OMCI Shipmanagement name, service mark and other related trademarks and trade names are proprietary to Heidmar Inc. or their respective owners. OMCI Shipmanagement reserves all rights not explicitly granted to subscribers and other users in this Agreement.
- 7. DISCLAIMER OF WARRANTIES
OMCI Shipmanagement will use reasonable endeavors to ensure that the Data Services are current and available. However, OMCI Shipmanagement expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Due to the "third party" nature of information provided via the Data Services, OMCI Shipmanagement makes no warranties or representations about accuracy, sequence, timeliness or completeness of data entered by you. You expressly understand and agree that your use of the Data Services is at your sole risk. The Data Services are provided on an "as is" and "as available" basis. Further, OMCI Shipmanagement expressly disclaims any warranty for the part of the Data Services where third parties provide such services through links.
- 8. MODIFICATIONS TO SERVICE
OMCI Shipmanagement reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Data Services with or without notice. You agree that OMCI Shipmanagement shall not be liable to you or any third party for any modification to or discontinuance of the service, beyond the recovery of unexpended user fees.
- 9. LIMITATION OF LIABILITY
OMCI Shipmanagement's total liability to you in connection any breach of its obligations with regard to the Data Services shall not exceed the payments received by OMCI Shipmanagement from you for Data Services during the twelve months preceding the date on which your claim arose (and less any amount previously paid to you and allocable to such period). Neither OMCI Shipmanagement nor any of its officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers or service providers will be liable to you for any punitive, indirect, incidental, special or consequential damages arising out of use of the Data Services, or inability to gain access to or use the services. OMCI Shipmanagement will not be liable for any representations of material of, or services provided by, web sites to which it links. Further, OMCI Shipmanagement will not be liable to you for any damage to your computer system or loss of data that results from your accessing and downloading data from this web site or any third party web site to which OMCI Shipmanagement provides a link. Because some jurisdictions within the United States do not allow the exclusion or certain warranties or limitation of liability for consequential or incidental damages, the above limitation may not apply. In such instances, the respective liability of OMCI Shipmanagement, its employees, agents, successors, assigns, affiliates, and content or service providers is limited to the greatest extent permitted by such law.
- 10. SUSPENSION OR TERMINATION
You agree that OMCI Shipmanagement, in its sole discretion, may suspend or terminate your general-user access to the Data Services and/or your account subscriber access if OMCI Shipmanagement believes that you have violated the Terms of Service. In the event subscriber access is terminated, OMCI Shipmanagement may remove and discard any subscriber content provided by you. Further, you agree that OMCI Shipmanagement shall not be liable to you or any third party for any suspension or termination of access to the Data Services.
- 11. INDEMNIFICATION
You agree to indemnify, defend and hold harmless OMCI Shipmanagement, its officers, directors, agents, subsidiaries, affiliates, employees, successors and assigns, from any loss, liability, claim, demand, damage, or expenses (including attorney's fees and court costs) asserted by any third party due to or arising from or in connection with:
the data/information you upload, submit, post, or transmit through the Data Services;
your use of the Data Services;
your connection to the Data Services;
your violation of the Terms of Service, or
your violation of the rights of another user or subscriber.
OMCI Shipmanagement reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
- 12. GOVERNING LAWS AND LANGUAGE
The federal laws of the (Country) shall govern this agreement. The (Court Jurisdiction) shall decide any dispute arising out of or in relation to this agreement that cannot be solved amicably. In the event of litigation of an issue arising from your use of this web site, the Data Services or the Terms of Service, you agree that such action be filed only in a (Court Details) (or if such court lacks jurisdiction, a state court of competent jurisdiction in (Location)) and you hereby submit to the personal jurisdiction or such court for the purposes of litigating such issue and waive such claims as inconvenient forum, improper venue or similar claims.
It is the express wish of the parties that the Terms of Service and all related documents have been drawn up in English.
- 13.NOTICE
Notices may be provided to you by e-mail or courier service. OMCI Shipmanagement may also provide indirect notice of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on this web site.
If you have any questions about anything in this Terms of Service Policy, please contact:
OMCI Shipmanagement Pvt Ltd, A201/202 Delphi, Hiranandani Gardens, Powai, Mumbai-400076,India. Tel: +91 22 67512100, Fax: 91 22 67512133, Email: hr@omcishipping.com.
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