| DISCLAIMER AND WEB USAGE TEARMS
|
| Disclaimer
|
|
Users of the CSS Abudhabi website agree to abide byWeb Usage
Terms and agree to accept all the terms and conditions
governing the same.
CSS Abudhabi may update the Web Usage Terms on this site at
any time. Consequently, Users are advised to read the Web
Usage Terms each time they visit the CSS Abudhabi site.
The www.cssgroupsite.com is the only official website of the
CSS Group and the CSS Group nor its associates or affiliates
or agents does not operate any other website in any other name.
Users of this website are hereby warned about fraudulent
websites being operated under the brand name of the CSS
Group and any violation of the Web Usage Terms shall lead
to legal repercussions.
|
| Website Usage Terms |
1 Use of the CSS Group Website
|
1.1 This website is made available by Consolidated Shipping Services
(CSS Group). Any party accessing or browsing this websiteor downloading
or using any information,data, text, images, video or audio
or any other materials available from CSS Group via or generated
on, posted or uploaded to the website (“Content”) or otherwise
requesting, using or receiving any services or facilities
(“Services”) via the website (“User”) may only do so subject to:
(1) the terms and conditions set out below;
(2) any additional instructions, terms or conditions on the
website that apply to particular Content or Services which the
User uses (such additional instructions, terms and conditions to
prevail over the terms and conditions below to the extent of
any inconsistency), and
(3) Access to or use of this website or any Content or Services
available via the website shall be deemed to constitute acceptance
by the User of, and agreement by the User to, the Website Usage Terms.
1.2 If the User accesses the website or receives or uses Content
or Services on behalf of any other party (including corporate body),>
that party shall also be bound by the Website Usage Terms as
if that party were a User. The User warrants and represents
that he is authorised by any such party to bind that
party to the Website Usage Terms
|
2 Status of Website Usage Terms
|
2.1 The Website Usage Terms shall not affect,
or form part of, the terms of any contract of carriage
with CSS Group.
|
3 Intellectual Property Rights
|
3.1 Ownership of all copyrights, database rights,
patents, trade or service marks, product names or
design rights (whether registered or unregistered),
trade secrets and confidential information and any
similar rights existing in any territory now or in
future (“Intellectual Property Rights”) and similar
rights and interests in all domain names, trademarks,
logos, branding appearing on the website and all
Content, or otherwise relating to the structure of
the website and the Services offered by CSS Group
via the website, vests in CSS Group.
3.2 The User may use this website and the Content and
Services available via the website only for the purposes
reasonably anticipated on this website or as otherwise
might reasonably be expected in the course of his
relationship with CSS Group and in accordance with any
procedures from time to time in force on the website.
The User may not access any areas of the website to
which access is indicated to be restricted unless the
User has obtained appropriate authorisation and any
relevant access device (such as a digital certificate)
from CSS Group. The User may not:
(1) use or permit any other party to use all or any
part of the website, Content or Services in connection
with activities that breach any relevant laws, infringe
any third party’s rights, or breach any applicable standards,
content requirements or codes;
(2) post to, upload to, temporarily store on
(if such facility is provided) or transmit through,
the website any information, materials or content
that might be or might encourage conduct that might
be unlawful, threatening, abusive, defamatory,
obscene, vulgar, discriminatory, pornographic,
profane or indecent;
(3) use the website for the purpose of or as a means
to send ‘flame’ or ‘spam’ emails.
|
4 Errors
|
4.1 CSS Group will use reasonable endeavours to ensure
that the Content accurately reflects either:
(1) the relevant part of CSS Group records held on CSS
Group’s computer systems; or
(2) information received from a party other than CSS Group.
CSS Group does not warrant that the Content is accurate,
sufficient, error free, complete or up to date at the
time it is accessed. The User should make further
enquiries to satisfy himself of the accuracy and
completeness of any Content before relying on it.
Certain Content may be labeled as indicative only,
in which case CSS Group makes no warranties at all
in relation to its quality, accuracy, completeness
or timeliness.
4.2 Except as set out in the Website Usage Terms, CSS
Group shall have no liability whatsoever for breach of
any implied warranty, term or condition that might
otherwise apply including (without limitation) in
relation to the operation, quality or fitness for
purpose of the website or any Content, User Materials
or Service, or the use of reasonable skill and care.
4.3 The User is responsible for the accuracy and
completeness of any User Materials. The User shall
ensure the User Materials do not infringe any
Intellectual Property Rights or other right of any
third party and are not defamatory, unlawful, immoral
or otherwise likely to breach or infringe any right
or requirement or to give rise to any claim for loss
or damage by any third party. The User shall
indemnify and hold harmless CSS Group and its
affiliates, associates and agents against any
claims, losses, actions, proceedings, damage or
other liabilities whatsoever (including damages
or compensation paid by CSS Group to compromise
or settle a claim), and all legal costs or other
expenses, suffered by CSS Group or its affiliates
and associates as a result of any actual or
potential breach by the User of its obligations
under this clause 4.3.
|
5 Prohibition
|
5.1 The User shall not publish, display, upload or
transmit any information prohibited under Rule
3(2) of the Information Technology (Intermediaries guidelines)
Rules, 2011
|
6 Hyperlinked Websites
|
6.1 The website may contain certain links or references
to websites operated by third parties. CSS Group
makes no warranties or representations whatsoever
regarding any third party website which the User may
access through this website or which the User may use
or access to enable access to or use of this website
and any of its Content or Services. Any such website
is wholly separate and independent from this website
and CSS Group does not have any control over the content
or operation of such website. CSS Group does not endorse
any third party website, and does not accept any
responsibility for the existence, operation, content or
use of such website.
|
7 Restriction on usage of content/hyperlink on the CSS Group website:
|
7.1 A User may place hyperlinks to any unrestricted area
of this website provided that the User complies with the
following terms or any other terms posted on the website
from time to time. The User:
(1) may link to, but may not, unless with CSS Group’s prior
written agreement, replicate in any way any Content appearing
on the website;
(2) may not create a border environment or browser around
or otherwise frame any Content or create any impression
that the Content is supplied or owned by any party other
than CSS Group;
(3) may not present misleading or false information about
CSS Group, its services or Content;
(4) may not misrepresent CSS Group’s relationship with
the linking User (or any third party);
(5) may not create any implication or inference that
CSS Group endorses the linking User or its services
(or any third party);
(6) may not use or reproduce CSS Group’s logo,
trade marks or name;
(7) may not provide or display any content that
could be construed as obscene, libelous, defamatory,
distasteful, offensive, discriminatory, pornographic
or inappropriate in any other way;
(8) may not display or provide materials, content or
anything else that might violate any laws of any
jurisdiction or infringe any Intellectual Property Right; and
(9) In case permission is granted to the user to
use hyperlink or content the user must clearly
indicate that the CSS Group website is operated by
CSS Group and is not controlled by or otherwise
associated or connected with the linked website,
and that CSS Group’s terms and conditions apply in
relation to any use of the CSS Group website.
7.2 Any User must immediately on request remove any
link placed on or to any area of this website.
The User shall not permit any third party aggregator
of information to access or retrieve information from
this website on the User's behalf. The User may not
in any way run software programs, scripts, macros
or similar materials against or in relation to any
part of the website as these could endanger, compromise
or hamper the stability and operation of the website or
infringe rights in or relating to the website or any materials
appearing on it.
|
8 Security
|
8.1 The User agrees to comply with any reasonable
instructions CSS Group may issue regarding the website’s security.
8.2 The User must ensure that he does not do anything during
or after any access to or use of the website, Content or Services
which might result in the security of the website, or the systems
or security of CSS Group or any other users of the website,
or any CSS Group customers or associated or affiliated companies,
being compromised.
8.3 Both the User and CSS Group shall each take all
reasonable precautions to ensure that communications
through the website and its own systems are not
affected by computer viruses or other destructive
or disruptive components, and to ensure no such
components are transmitted to or via CSS Group
or the website.
|
9 Liability
|
9.1 The total liability of CSS Group, its affiliates,
associates and agents to the User and any person acting
on the User’s behalf, howsoever arising out of or in
connection with the Website Usage Terms and/or the
website, Services or Content (including in relation
to negligence) shall, in aggregate, in respect of any
claim, or series of connected claims arising out of
the same cause in any calendar year, not exceed
AED 500 (Dirham’s Five Hundred).
9.2 The User shall ensure that no claims for more than
the aggregate limit of liability set out in clause
9.1 are brought against CSS Group, its affiliates,
associates or agents.
9.3 The User is advised to obtain, if he considers
appropriate, insurance cover at his cost, in
particular for any loss exceeding the limit set
out in clause 9.1 above.
9.4 Except as set out in the Website Usage Terms,
CSS Group, its affiliates, associates and agents
shall have no liability whatsoever in respect of
the use of the Content, Services or website,
howsoever arising.
|
10 Miscellaneous
|
10.1 Use of this website or of the Content or
Services may be subject to certain legal or
regulatory requirements in particular jurisdictions.
The User may only access or use the website,
Content or Services to the extent such access
or use is permitted in the jurisdiction in
which he accesses or uses the website,
Content or Services.
10.2 CSS Group will not be liable for any loss
(including without limitation loss of profit),
damage, delay or failure in performing any of
its duties relating to the Website Usage Terms
caused in whole or in part by the action of any
government or governmental agency, natural
occurrence, law or regulation (or any change
in the interpretation thereof), injunction,
currency restriction, sanction, exchange control,
industrial action (whether involving its staff or
not), war, terrorist action, equipment failure,
interruption to power supplies or anything whatsoever
beyond its reasonable control.
10.3 The Website Usage Terms supersede all previous
agreements, communications, representations and
discussions between the parties relating to the
website. No party will have a right of action
against CSS Group arising from any previous
agreement, communication, representation and
discussion in respect of the website (except
in the case of fraudulent misrepresentation),
and neither party has relied on any terms,
warranties, representations or conditions other than
those expressly stated in the Website Usage Terms.
No modification or waiver of the Website Usage Terms
shall be binding on CSS Group unless it is in writing
and agreed by an authorised representative of CSS Group.
10.4 References in the Website Usage Terms to
‘in writing’ or ‘written’ include communication
by email or other electronic form. References
in the Website Usage Terms to the singular include
the plural and vice versa.
10.5 Each of the provisions of the Website Usage Terms
is severable from the others and if one or more of them
becomes void, illegal or unenforceable, the remainder
will not be affected in any way.
10.6 The rights of CSS Group under the Website Usage
Terms may be exercised as often as necessary and are
cumulative and not exclusive of its rights under any
applicable law. Any delay in the exercise or non-exercise
of any such right is not a waiver of that right.
10.7 The User may not assign, part with or otherwise transfer
any right or benefit under any provision of the Website
Usage Terms without CSS Group’s prior written consent.
10.8 Subject to clause 2, CSS Group may at any time and
without notice or liability change, improve or remove
any Content or any Services available via the website,
or the Website Usage Terms.
10.9 CSS Group may assist or co-operate with authorities
in any jurisdiction in relation to any direction or
request to disclose personal or other information
regarding any User or the use of the website,
Content or Services.
10.10 CSS Group’s affiliates and agents shall have
the benefit of all provisions of the Website Usage
Terms which are expressed to be for their benefit,
as well as the law and jurisdiction clause.
In entering into the Website Usage Terms, CSS Group
does so not only on its own behalf but also as agent
and trustee for such persons.
10.11 To the extent that clause 10.10 is not effective
to give such benefit to any affiliate or agent, such
Party may enforce such provisions in its own name
pursuant to the Contracts made by it. The Website
Terms may be varied or rescinded, by agreement or
in accordance with their terms, without the consent
of any Third Party.
|
11 Unlawful Activities
|
11.1 CSS Group reserves the right to investigate
complaints or reported violations of the Web Usage
Terms and to take any action we deem appropriate
including but not limited to reporting any suspected
unlawful activity to law enforcement officials,
regulators, or other third parties and disclosing
any information necessary or appropriate to such persons
or entities relating to user profiles, e-mail addresses,
usage history, posted materials, IP addresses and traffic
information.
|
12. Governing Law and Jurisdiction
|
12.1 The Web Usage Terms shall be governed by and
construed in accordance with the laws of India and
any action arising out of or relating to the Web Usage
Terms shall be filed in Jurisdiction of Kerala High Court
and User hereby consent and submit to the jurisdiction
of such courts for the purpose of litigating any such action.
The proceeding shall be in English.
12.2 Alternatively and at CSS Group sole option,
CSS Group may commence proceedings against the User
at a competent court of a place of business of the User.
|
|
| |
