This website, known as OceanEagleEye is owned and operated by Brute Squad Services.
("OceanEagleEye"), A/704, Nakul, N.L.Complex,Anand Nagar,Dahisar(E), Mumbai -400068,
India and references to "You" or "Your" are References to any user or potential
user of OceanEagleEye.
OceanEagleEyeare principally intended for use by the maritime community as a business-to-business
e-commerce or information tool for finding information about Ports, suppliers, Agents,
Local Places, User Reviews to the maritime industry and their products. These "Terms
of Use" govern the relationshipbetween OceanEagleEye and users who browse the site
and make use of such Content
1Application of these Terms of Use
1.1 If you, being a user or potential user of OceanEagleEye,
wish to use OceanEagleEye, You should only do so if these Terms of Use are acceptable
to you without modification.
1.2 OceanEagleEye may change these Terms of Use
at any time without any notice to you. By Your continued use of OceanEagleEye you
agree to be bound by the most current version of these Terms of Use. You should
check these terms from time to time for any changes that have been made.
1.3 If you are or become a customer for OceanEagleEye
products and services other than OceanEagleEye, these Terms of Useshall only apply
to your Use of OceanEagleEye. In all other respects your relationship with OceanEagleEye
shall be governed by your user or service agreement, the OceanEagleEye General Terms
& Conditions or any other agreement that applies to a particular OceanEagleEye product
or service.
1.1 If you, being a user or potential user of OceanEagleEye,
wish to use OceanEagleEye, You should only do so if these Terms of Use are acceptable
to you without modification.
2Permitted and forbidden uses of OceanEagleEye
2.1You may access the OceanEagleEye, make a copy of the results of any searches, and use those results for anyreasonable purpose within your business other than those set out in Clause 2.3 below.
2.2Such use is subject to any applicable third party content providers' licenses
2.3You shall not in any circumstances:
2.3.1Modify the content or other material from OceanEagleEye ("the Content") or merge the Content with any other data or in any way adapt or change it;
2.3.2Sell, republish, provide to a third party for financial gain or otherwise trade in materials copied from the Content;
2.3.3Use or redistribute the Content for the purposes of compiling databases, lists or directories;
2.3.4Permit or allow the Content to infringe or otherwise prejudice the proprietary rights of OceanEagleEye or any third party content provider;
2.3.5Use the Content for any unlawful, offensive, abusive, indecent, obscene or menacing purpose or any purpose that is likely to bring OceanEagleEye into disrepute or to cause OceanEagleEye embarrassment;
2.3.6Use the Content as a source for targeting material or contact data for any kind of telemarketing, direct marketing, viral or other electronic marketing activity on Your own behalf or on behalf or for the benefit of another party;
2.3.7Access or copy the Content or make any use of it that is preparatory to any prohibited conduct referred to above.
3Intellectual property
3.1
Unless otherwise stated, OceanEagleEye and its licensors owns all the intellectual property rights in the content of OceanEagleEye (including the design, text, graphics and arrangement thereof) and in the software used therein.
3.2
Such intellectual property rights include, without limitation, copyrights and database rights in the information displayed as OceanEagleEye Search results.
3.3
Except as expressly provided in these Terms of Use, nothing contained in these Terms or anywhere on OceanEagleEyeshall be construed as conferring any licence under any of OceanEagleEye's or any third party's intellectual property rights.
3.4
"OceanEagleEye" and "OceanEagleEye" are service marks of OceanEagleEye. All other trademarks, product names and company names or logos cited anywhere on OceanEagleEye are the property of their respective owners.
4Basis on which OceanEagleEye are provided
4.1
OceanEagleEye and the Services (and any Content made available through them) are provided on "As Is" and "As and When Available" basis. Whilst OceanEagleEye shall use all reasonable skill and care in the creation and supply of OceanEagleEyeand the Services, OceanEagleEye does not give any guarantee or warranty as to their suitability, availability, accuracy, freedom from fault, freedom from viruses or other impairing or harmful components or fitness for any purpose.
4.2
Shall run commercially available virus detection and correction software and shall endeavor to ensure that errors are not service affecting and to correct reported faults as soon as it reasonably can. If a fault occurs, you should report the fault to OceanEagleEye (see the Contact page on www.OceanEagleEye.com).
4.3
OceanEagleEye may need to temporarily suspend the whole or any part of the Services from time to time.
4.4
OceanEagleEye and content providers(including those persons, companies and other organisations whose goods or servicesmay be displayed or referred to in OceanEagleEye) ("Content Providers") make reasonable efforts to make the informationavailable on OceanEagleEye as accurate as possible. Where Content is shown as being "verified", this meansthat such Content has been checked by or provided by the Content Provider. In no circumstances, however, is any warranty or fitnessimplied.
4.5
Nevertheless OceanEagleEye is not an agent for and does not vouch for Content Providers, or for the availability, suitability orprices of their goods and services nor for the legal entitlement, competences, professional qualifications, trade certifications, or memberships of trade associations of such persons, companies or other organisations. You should satisfy yourself in respect of all such matters as well as those referred to in Clause 4.3.
4.6
Neither OceanEagleEye nor any of its agents, Content Providers, sponsors or licensors make any representation or warranty orcondition, either express or implied, statutory or otherwise, to You as to the accuracy, content, timeliness, completeness, non-infringement of proprietary rights or otherwise, legality, reliability, merchantability, fitness for a particular purpose, quality or suitability of any information, advice, Content, service, search results, products, services, goods or merchandise, provided through, advertised on, received through links provided on, or in connection with the use of, OceanEagleEye .
4.7
OceanEagleEye recommends that before you use any information with respect to any matters relating to medicine, law,insurance, accounting or any other profession you seek advice from a qualified professional.
4.8
OceanEagleEyemay make available certain financial information provided by third parties, including information regardingindustries, companies, stocks, investments and securities. Such investment information is for information purposes only and you should not construe it as investment advice or use it for trading or investing purposes. Financial investments bear varyingdegrees of risk. OceanEagleEye strongly discourages you from making any investment decision based upon information that youcannot confirm and strongly recommends that you seek advice from a qualified financial advisor before you make any financial investment.
4.9
No oral advice or written information given by OceanEagleEye or its affiliates, or any of its officers, directors, employees, agents,providers, merchants, sponsors, licensors, or the like, will create a representation, a warranty or condition nor should you relyon any such information or advice.
4.10
In jurisdictions that do not allow the exclusion or disclaimer of certain warranties, this Clause 4 may not apply to you inpart or at all.
4.11
By agreeing to the OceanEagleEye Terms of Use, You acknowledge and consent that OceanEagleEye may use information as set out in these Terms of Use and the Privacy Policy, which you can find on our website, and any other information you later provide. OceanEagleEye may also, as part of our services, use and make available your information to current and potential users of OceanEagleEye, in addition to information about the supplier web on OceanEagleEye you have visited, what searches you have done, and other usage information, unless you change your settings to opt out.
5Limitation of liability
5.1.1 Subject to Clause 5.3, OceanEagleEye accepts
no liability in contract or tort (including liability fornegligence) for loss of
business revenue or profits, anticipated savings or wasted expenditure, corruption
or destruction of dataor for any indirect, special or consequential loss or damage
(including punitive damages).
5.1.2 If any jurisdiction does not allow the exclusion
or limitation of liability for the types of loss set out in Clause 5.1.1, liability
islimited to the fullest extent permitted by law.
5.1.3 Subject to Clause 5.3, in any event OceanEagleEye's
liability to You under or in connection with these Terms of Use will be limitedto
the lowest of (i) the sum claimed by You, (ii) INR 2500 or (iii) any sum calculated
under Clause 5.1.4.
5.1.4 Where one incident gives rise to claims by
more than one User, OceanEagleEye's liability to all Users arising out of such incidentwill
be limited to INR 5,000, which will be shared between them pro rata. In calculating
such prorating, the amount consideredin respect of your claim will be the lesser
of the sum claimed by you or INR 2500.
5.1.5 OceanEagleEye does not limit or exclude its
liability for death or personal injury caused by its negligence or any other liability
to theextent that such a limitation or exclusion is prohibited by law.
5.1.6 OceanEagleEye will not be liable if OceanEagleEye
cannot perform any of its obligations under this Agreement because of circumstancesbeyond
its reasonable control such as technical failure, severe weather, fire or explosion,
civil disorder, war, or militaryoperations, natural or local emergency, anything
done by government or other competent authority or industrial disputes of any kind.
5.1.7 Nothing in this Agreement affects the liability
of OceanEagleEye for fraudulent misrepresentation.
6Miscellaneous
6.1
These Terms of Use constitute the entire agreement between you and OceanEagleEye with respect to thesubject matter hereof.
6.2
A party's failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as awaiver of any provision or right. Neither the course of conduct between you and OceanEagleEye nor trade practice will act to modifyany provision of this Agreement.
6.3
If any provision of this Agreement is held to be invalid or unenforceable, all other provisions of this Agreement will remain infull force and effect.
7Jurisdiction and governing law
7.1These conditions shall be governed by and construed in accordance with the laws of India.
7.2OceanEagleEye controls OceanEagleEye from
within the country of India. It can, however, be accessed from other placesaround
the world. Although these places may have different laws from those of India, by
accessing OceanEagleEye youagree that the laws of India, without regard to rules
relating to conflict of laws, will apply to all matters relating to your use ofOceanEagleEye.
You and OceanEagleEye also agree to submit to the non-exclusive jurisdiction of
the Mumbai court, with respect tosuch matters.
These Terms will be governed by and construed in accordance with the Indian laws,
without giving effect to its conflict of law’s provisions or your actual state or
country of residence, and you agree to submit to personal jurisdiction in India
7.3If you access OceanEagleEye from a place outside
of India You acknowledge that you do so voluntarily and are responsible for complying
with local laws.
© OceanEagleEye.comJune 2015