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Terms of Use Agreement

LATEST REVISION : June 26th, 2018


PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING AND/OR USING THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Use Agreement (the "Agreement") governs Your access and/or use of this website, www.shiptrails.com (the "Website"), which is owned, hosted and operated by Alpha Sierra Solutions LLP (“ShipTrails™”, "We", “Us”, “Our”), a Limited Liability Partnership firm registered in India with LLPIN AAJ-8452.

This Agreement is entered into between You as the user ("User", “You”, “Your”) of the Website and Alpha Sierra Solutions LLP. By accessing or using the Website, You expressly consent to understand, agree and comply with all the terms of this Agreement, which shall operate as legally binding and enforceable agreement between You and ShipTrails™ with respect to the Services available on the Website.

1. GENERAL

This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. ShipTrails™ reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. ShipTrails™ will alert You that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will represent Your acceptance of any such changes or revisions. ShipTrails™ encourages You to review this Agreement whenever You visit the Website to make sure that You understand the terms and conditions governing access and use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement You may have with ShipTrails™ for other products and/or services. If You do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate Your access or use of the Website.

If You choose to access and/or use the Website without registering and/or logging into Your registered Account on the Website, You may access certain features of the Website as a visitor (“Visitor”). To access and use certain additional features, as applicable to Your subscribed plan, whether paid or free (“Plan”), You have to register by sharing some information (“Registration Data”) and log into an account (“Account”) on the Website using Your login credentials such as login ID and password (“Login Credentials”). Successful completion of registration formalities on Website makes You a member (“Member”) of the Website.

Each user shall be allowed to create only 1 (one) Login Credentials for personal use on the Website. A Member shall be allowed to access his Account on Website only on one device (fixed computer or portable units such as laptop, tablet or mobile etc.) at any given time. If a user logs into his Account on a second device, his ongoing session (if any) on the first device shall be automatically logged off. The session shall also be logged off automatically from a device after extended period of inactivity on the Website.

Any Member can view certain limited details of a Posting created by other members in order to evaluate the compatibility of its requirements. Additional details about the Posting, including the contact options (either (i) viewing of direct contact details, in case respective poster has authorized ShipTrails™ to show such information to interested parties during creation of the Posting or (ii) messaging through TrailPost™) can only be used for limited number of Postings, in accordance with limits specified in the respective Plan (“Trails™”), subscribed by the Member. Repetitive view of contact details or contacting through TrailPost™ for the same Posting ID within current subscription period (Daily, Monthly, Quarterly or Yearly – as the case may be) shall not constitute to consumption of the additional Trails™.

The term “User” shall be applicable to any person, whether an individual or a legal entity, accessing or using the Website, irrespective of –

  • whether You are a Visitor or a Member;
  • the Plan subscribed by You.;

You shall be eligible to access and use the Website as a Visitor and/or Member - only when You have attained at least 18 (eighteen) years of age and You are competent to enter into a contract under the Applicable Laws. If You do not fulfill this requirement, please immediately abandon access and use of the Website. You also recognize the fact that We entirely rely on the information provided by Users and We shall not be held accountable if You or anyone who uses Your Account to access the Website is not eligible to use the same. For the purposes of this Agreement, any person who does not have a legal or a contractual right to access the Website, but does so, will fall within the definition of an 'unauthorized user' and will nevertheless be subject to the terms and conditions regulating the usage of the Website, and expressly so with respect to respecting the intellectual property rights of ShipTrails™ and that of third parties, displaying content on the Website, including the Postings created by the Members.

If ShipTrails™ deems that there is a violation of any term contained in this Agreement by any User, We reserve a right but not obligation to temporarily suspend or permanently terminate that User’s Account on Our Website with or without notice.

2. INTERPRETATION

Any reference to the singular includes a reference to the plural and vice versa unless expressly provided for otherwise, and any reference to the masculine includes a reference to the feminine and vice versa.

Headings and captions are used for convenience only and will not affect the interpretation of terms of this Agreement.

Any reference to a natural person will, unless repugnant to the context, include his legal heirs, executors and permitted assignees. Similarly, any reference to a juristic person such as ShipTrails™ will, unless repugnant to the context, include its affiliates, successors and permitted assignees.

This section “Interpretation” is also applicable to various terms defined in this Agreement.

3. SERVICES

The terms ”Service” or “Services” would mean the interactive online services offered by ShipTrails™ over the world wide web, through which the User may provide, search and/or access certain information maintained by ShipTrails™ in its database. However, the term Service does not extend to ShipTrails™ acting as an agent, broker, or person of similar capacity - either expressed or implied on behalf of any User. Instead, ShipTrails™ is merely acting as a medium of information exchange, more particularly - acting only as an intermediary as defined under Section I; Clause 2; Sub-Clause 1.(w) of the Indian Information Technology Act, 2008.

The Services include the provision of an electronic platform to various authorized Users via the Website; interested in one or multiple of the following (“Interests”):

  1. Selling the “Ships” (vessels, used for waterborne transport as listed under “Vessel Category” on the Website), and/or
  2. Purchasing the Ships, and/or
  3. Offering Ships to be chartered, and/or
  4. Chartering the Ships.

The Website provides an online tool for Members to post their requirements (“Posting”) by way of providing required information about their Interests; search the relevant matches and contact (or get contacted by) the other Members of the Website. ShipTrails™ also provides an inbuilt messaging platform - TrailPost™ to its Members in order to allow them to communicate with each other through The Website. Each Posting, submitted successfully, shall be assigned a unique identification number by ShipTrails™ (“Posting ID”) automatically.

ShipTrails™ may at its sole discretion introduce new services and modify some or all of the existing Services offered through the Website. In such an event, ShipTrails™ reserves the right to introduce fees for the new services offered or amend/introduce fees for existing Services, as the case may be.

4. OBLIGATIONS OF USER / MEMBER

Accuracy of the Registration Data provided to the Website on the initial application for Service shall be the sole responsibility of the User. In the event of any change in the said Registration Data, You agree to promptly update Your Registration Data on the Account so as to ensure that the communication We intend to send to You is promptly delivered to You and is not sent to any other person.

The User agrees that any data entered into herein may be subject to mandatory verification process by ShipTrails™.

The User will ensure compliance with all notices or instructions given by ShipTrails™ from time to time for continued use of the Service.

The User shall be solely responsible for all information provided, retrieved, stored and/or transmitted through the Website by him. The User also understands that when You share information on Website; others can see, copy, share and use that information without Your further consent and/or knowledge.

The User shall at all times, keep his Login Credentials confidential and not disclose or share the same with any other person. You shall not assign or otherwise transfer Your Account to any other person. The User shall immediately notify ShipTrails™ at contact@shiptrails.com of any unauthorized use of the User's Account or any other breach of security known to the User.

The User shall promptly make the payment to ShipTrails™ towards subscription of the Plan as and when it becomes payable. Failure to make these payments on time will result in the degradation, suspension or termination of Your Services. All of Your payments to ShipTrails™ shall be subject to Our refund terms mentioned in this Agreement.

The User shall be responsible for the set-up or configuration of his equipment and/or infrastructure for access to the Service.

The User shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that You choose to transact with.

The User will indemnify ShipTrails™ for any action or claim committed/made by any third party resulting from any Posting on the site by the User and/or anybody else on his behalf. This includes the content of communication between various Users on TrailPost™ which is not thoroughly / actively monitored by Us.

The User of the Website agrees to indemnify and keep ShipTrails™ indemnified from any wrong / false data entered into and hereby warrants and covenants that all data entered into the Website is true and correct and; belongs exclusively to him and not to any other third party.

ShipTrails™ does not accept any responsibility towards the data entered by any user on the Website. The User who has entered the data is fully responsible for any wrong data entered and be liable for any and all action taken by the third party. ShipTrails™, however, shall use the reasonable endeavour to withdraw all such data within 15 business days time or more appropriate duration as required, of receipt of such complaint. All complaint should be addressed by email at contact@shiptrails.com

In addition, ShipTrails™ may require additional evidence of compliance with this provision from the User who is alleged to have submitted information/data in violation of these terms and conditions. ShipTrails™ reserves a right, in its sole discretion, to terminate the accounts of, and refuse Services to, any User who repeatedly or intentionally violates these terms and conditions.

The User agrees that any data entered into herein can and shall be saved and used (including but not limited to commercial purposes) by ShipTrails™ as deemed fit by ShipTrails™.

The User also agrees to allow the Posting, or any part of it, to be searched, displayed, accessed, downloaded, copied, shared on social media and otherwise referred to by users of the User's website or the Website. ShipTrails™ shall have the sole authority to choose the manner in which any Posting will be searched, displayed, accessed, downloaded, copied, and otherwise used on Website and ShipTrails™ shall have the right to modify and/or remove any Posting without notice, in exercise of its rights under these terms and conditions.

The user shall not use any software to automatically download and/or extract a complete and/or partial Posting and/or other content from Website without prior consent from ShipTrails™ in writing.

You agree that We have no obligation to store, maintain or provide You with a copy of any content or information that You or others provide on the Website, except to the extent required by applicable law.

5. WEBSITE

5.1 Content, Intellectual Property and Third Party Links

In addition to making Services available, this Website may also offer information and marketing materials about third party product and services, both directly and through indirect links to third-party websites. ShipTrails™ may not always create the information offered on the Website; instead, the information may often be gathered from other sources. To the extent that ShipTrails™ does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. Any links to third-party websites are provided solely as a convenience to You. ShipTrails™ does not endorse the contents on any such third-party websites and is not responsible for the content of or any damage that may result from Your access to or reliance on these third-party websites. If You click on the link to third-party websites, whether intentionally or otherwise, You do so at Your own risk.

This Agreement does not transfer from ShipTrails™ to You any ShipTrails™ or third party intellectual property, and all rights, titles, and interests in and to such property (such as content, policies, service marks, graphics and logos used in connection with ShipTrails™ or our Services) will remain (as between the parties) solely with ShipTrails™. Other content, trademarks, service marks, graphics and logos used in connection with our Services may be the copyrighted material and/or trademarks of other third parties. Your use of our Services grants You no right or license to reproduce or otherwise use any ShipTrails™ or third-party copyrighted material and/or trademarks.

ShipTrails™ may at its sole discretion, limit access to the Services and/or terminate the accounts of any User who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If You believe that anything on the Website infringes upon any copyright that You own or control, You may report the same as described in “Notices” section of this Agreement.

5.2 Use of Website

ShipTrails™ is not responsible for any damages resulting from the use of this website by any of the users. You warrant that You will not use the Website for illegal purposes and will (1) abide by all applicable local, state, national, and international laws and regulations in Your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell content on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.

5.3 License

By using this Website, You are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website.

5.4 Content

By posting, storing, or transmitting any content on the Website, You hereby grant ShipTrails™ a perpetual, worldwide, non-exclusive, royalty-free, irrevocable, assignable, sub-licensable (through multiple tiers) right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. ShipTrails™ does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for Your interactions with other users of the Website and any content You post. ShipTrails™ is not liable for any damage or harm resulting from any posts by or interactions between users through TrailPost™ or otherwise. ShipTrails™ reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content ShipTrails™ deems objectionable, in Our sole discretion.

5.5 Platform for Communication

The Website is only a venue through which Users can reach a larger base and where Users may meet and interact with one another for their transactions. ShipTrails™ is not and cannot be a party to or control in any manner any transaction between two Users of the Website. ShipTrails™ is not responsible for any non-performance or breach of any contract entered into between Users. ShipTrails™ cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. ShipTrails™ shall not and is not required to mediate or resolve any dispute or disagreement between Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf.

5.6 Additional Terms

Certain sections or pages on the Website may contain separate terms and conditions, which are in addition to the terms of this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages. Other terms of this Agreement shall still stand valid and applicable.

6. PAYMENT AND REFUNDS

6.1 General Terms

In order to avail adequate number of Trails™ in accordance with User’s usage requirements, various free and paid options are available for subscription as mentioned in Our “Plans”. By selecting a Plan, You agree to pay ShipTrails™ the daily, monthly, quarterly or yearly subscription fees as indicated for that Plan. Payments will be charged on a pre-pay basis on the day You sign up for a Plan and will cover the use of Services for a subscription period as indicated. A month shall be considered as a 30 (Thirty) days period, quarter - a 91 (Ninety One) days period and year - a 365 (Three Hundred Sixty Five) days period, starting and including the day of first or renewal payment, made by the User. Trails™ cannot be accumulated or carried forward which means that unused Trails™ shall expire at the end of subscription period. User to undertake and warrant ShipTrails™ that Payment made for various Services on ShipTrails™ is through rightful and legitimate sources. User to also indemnify ShipTrails™ against any claim related to the payment made.

All the subscription Plans on ShipTrails™ follow their respective validity - based on the UTC timings and users are advised to be cautious about the time difference between their respective local time zone and that of UTC to be sure of the Plan validity.

ShipTrails™ may at its sole discretion, offer any of the Services for free or at discounted rates on a trial basis (Trial Services) to any User or set of particular users for a duration, as decided by ShipTrails™.

6.2 Payment Gateway

ShipTrails™ uses the maximum care as is possible to ensure that all or any data/information in respect of electronic transfer of money does not fall into the wrong hands. For completing online transactions involving payments, a User is directed to a Payment Gateway, owned and operated by a third party. ShipTrails™ does not store or keep credit card or other payment mode data on its servers. Since the transaction happens on a third-party network not controlled by ShipTrails™, once a transaction has been completed, the payment information is not accessible to anyone at ShipTrails™, which ensures the maximum security.

ShipTrails™ shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the User's Account and / or information relating to or regarding online transactions using credit cards / debit cards /other mode of payments and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.

6.3 Day Plan

When a Member has exhausted the daily/monthly/quarterly/yearly limits of Trails™ available as per the subscribed Plan; additional Trails™ can be availed by purchasing the Day Plan which has a validity of one day.

The validity of the Day Plan shall expire at 11:59:59 PM (UTC) on the day of purchase. Users are advised to be cautious about the time difference between their respective local time zone and that of UTC to be sure of the Day Plan validity.

6.4 Change of Plan

At any time, the User is at liberty to (1) change the subscription to another Plan or (2) renew the subscription of ongoing Plan; regardless of whether the subscription period for the ongoing Plan has come to an end or not. This shall cancel all the benefits of ongoing Plan (including, but not limited to unused Trails™, if any) and new Plan’s features & validity shall be applicable with immediate effect. Due to this change and/or renewal in Plan, there shall be no refund, either full or pro-rated, of the fees paid for the ongoing Plan.

6.5 Refunds and Cancellation

For paid Plans, You must cancel within 24 (Twenty Four) hours of making a payment to receive a refund, provided You have not consumed any Trails™ which were made available to You after the purchase of Plan. For any Plan bought, 25% of the paid amount would be towards the activation & administration charges and the rest 75% would be refunded if User has requested to cancel the subscription within 24 hours and has not consumed any Trails™. There are no refunds, pro-rated or otherwise, after 24 hours or, in case You have consumed any Trails™ from Your Account, within 24 hours of making payment.

All the payments made on ShipTrails™ except in the manner mentioned above are non-refundable and any amount paid shall stand appropriated. Payment made for subscription of Day Plan is non-refundable in any circumstances.

To cancel your subscription and claim the refund (strictly within above mentioned guidelines), please drop us an email at contact@shiptrails.com with Subject – “Subscription Cancellation”; furnishing the payment details such as screenshot of the payment made or payment receipt, received on your registered email.

Cancellation of subscription shall lead to withdrawal of all the benefits under the subscribed Plan.

ShipTrails™ offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts. User acknowledges and agrees that ShipTrails™, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid or payable by a User against any amount(s) payable by User to ShipTrails™ under any other agreement or commercial relationship towards other services. ShipTrails™ gives no guarantees of server uptime or applications working properly. All efforts are on a reasonable endeavor basis and liability is limited to refund of the paid amount only in accordance with the terms of the Agreement.

Refund in failed transactions: Rest assured, Your money is safe with Us and We try our best to refund Your money in an unusual instance of failed transaction on as soon as practicable basis. We urge our users to promptly notify us about these instances by writing us an email at contact@shiptrails.com with Subject – “Refund for Failed Subscription”; furnishing the payment details such as screenshot of the payment made or payment receipt, received on your registered email. Though ShipTrails™ payment reconciliation team works on a continuous basis, ShipTrails™ offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the User’s card/bank accounts. This is on account of the multiplicity of organizations involved in the processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of the financial institutions.

7. PRIVACY

We view protection of Users' privacy as a very important principle. We understand clearly that You and Your Personal Information is one of our most important assets. We do not sell or rent Your personal information to third parties for their marketing purposes without Your explicit consent and We only use Your information as described in Our Privacy Policy. Our current Privacy Policy is available here . By using the Website and/ or by providing Your information, You consent to the collection and use of the information You disclose on the Website by Us in accordance with Our Privacy Policy. If You object to Your Information being transferred or used in this way please do not use the Website.

8. DISCLAIMER OF WARRANTIES

YOUR USE OF THIS WEBSITE AND/OR SERVICES ARE AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ShipTrails™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR SERVICES (SERVICES INCLUDE TRIAL SERVICES) INCLUDING ANY ARRANGEMENTS AND/OR AGREEMENT MADE BETWEEN THE USERS THROUGH USE OF THE WEBSITE OR SERVICES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ShipTrails™ MAKES NO WARRANTY THAT

  1. THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY; AND
  2. THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

9. LIMITATION OF LIABILITY

ShipTrails™ ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND SERVICES AND/OR FOR ANY BREACH OF THIS AGREEMENT, IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS APPLICABLE TAXES AND ADMINISTRATIVE CHARGES, FOR SERVICES PURCHASED VIA THE WEBSITE.

ShipTrails™ WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR SERVICES; (2) ANY SERVICES OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (3) ANY LOST PROFITS YOU ALLEGE.

10. INDEMNIFICATION

You release, indemnify, defend and hold harmless ShipTrails™, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of Your warranties, representations and obligations under this Agreement; (2) the Website content or Your use of the Website content; (3) the Services or Your use of the Services (including Trial Services); (4) any intellectual property or other proprietary right of any person or entity; (5) Your violation of any provision of this Agreement; and/or (6) any information or data You supplied to ShipTrails™. When ShipTrails™ is threatened with suit or sued by a third party, ShipTrails™ may seek written assurances from You concerning Your promise to indemnify ShipTrails™; Your failure to provide such assurances may be considered by ShipTrails™ to be a material breach of this Agreement. ShipTrails™ will have the right to participate in any defense by You of a third-party claim related to Your use of any of the Website content or Services, with counsel of ShipTrails™ choice at its expense. ShipTrails™ will reasonably cooperate in any defense by You of a third-party claim at Your request and expense. You will have sole responsibility to defend ShipTrails™ against any claim, but You must receive ShipTrails™ prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or Your use of the Website or Services.

11. AGREEMENT TO BE BOUND

By accessing and/or using this Website, You acknowledge that You have read, understood and agreed to be bound by this Agreement and all terms and conditions on this Website.

12. OTHERS

12.1 Force Majeure

ShipTrails™ shall not be held liable for damages of any kind for any delay or failure to perform Our obligations hereunder if such delay or failure is due to any reason beyond Our control or without Our fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized activities.

12.2 Use of Content

As between You and ShipTrails™, You own the content and information that You submit or post on the Website and You are granting ShipTrails™ and Our affiliates the non-exclusive license: A worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and content that You provide through our Services, without any further consent, notice and/or compensation to You or others.

12.3 Suspension and Cessation of Website

ShipTrails™ may at its sole discretion and without assigning any reason whatsoever at any time deactivate and/or suspend the User’s access to the Website and/or the Services (as the case may be) without notice to carry out system maintenance and/or upgrading and/or testing and/or repairs and/or for other reasons. Without prejudice to any other provisions of this Agreement, ShipTrails™ shall not be liable for any loss and/or damage and/or costs and/or expense that the User may suffer or incur, and no fees and/or charges paid by the User to ShipTrails™ shall be deducted or refunded or rebated, as a result of such deactivation and/or suspension.

12.4 Entire Agreement

This Agreement comprises the entire agreement between You and ShipTrails™ and supersedes any prior agreements pertaining to the subject matter contained herein.

12.5 Waiver and Severability

The failure of ShipTrails™ to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be inconsistent, void, voidable or invalid, the parties nevertheless agree that it shall not affect the enforceability of any other provision of the terms of this Agreement and the other provisions of this Agreement shall remain in full force and effect.

12.6 Governing Law and Dispute Resolution

Any dispute, controversy or claim arising out of or relating to this Agreement or the validity, interpretation, breach or termination thereof (“Dispute”), including claims seeking redress or asserting rights under the Applicable Law shall be amicably settled through mutual consultation and escalation at such offices of ShipTrails™ as ShipTrails™ may designate.

If the Dispute is not settled amicably as aforesaid within a period of 60 (Sixty) business days, the matter would be referred to a sole Arbitrator who shall be an independent and neutral third party identified by ShipTrails™. The decision of the Arbitrator shall be final and binding on both the parties to the Dispute. The arbitration proceedings shall be conducted in the English language. The venue for the arbitration proceedings shall be Mumbai and The Arbitration & Conciliation Act, 1996 of India shall govern the arbitration proceedings.

Terms of this Agreement shall be governed by and construed in accordance with the laws of India (“Applicable Law”) and, subject to this clause, ShipTrails™ and You agree and undertake that only a competent court in Mumbai, India shall have exclusive jurisdiction over any controversy or claim arising out of or relating to this Agreement.

12.7 Statute of Limitation

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Services or this Agreement must be filed within 1 (One) year after such claim or cause of action arose or be forever barred.

12.8 Waiver of Class Action Rights

BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

12.9 Termination

ShipTrails™ reserves the right to terminate Your access to the Website if it reasonably believes, in its sole discretion, that You have breached any of the terms and conditions of this Agreement. Following termination, You will not be permitted to use the Website and ShipTrails™ may, in its sole discretion and without advance notice to You, cancel any outstanding subscription of the Plan. If Your access to the Website is terminated, ShipTrails™ reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until ShipTrails™ chooses, in its sole discretion and without advance notice to You, to terminate it.

12.10 Notices

All notices shall be in English and in writing and sent to the Company to its following registered address:

Team ShipTrails,
B/802, Suprabhat,
Khandelwal Marg, Bhandup West,
Mumbai, Maharashtra – 400078
India.

Any notice shall be deemed given upon receipt when delivered personally and upon verification of receipt of the courier or registered mail. All notices from the Company including notice of change to these Terms & Conditions or other matters related to the Website will be done by displaying notices to Users on the Website.

If you believe that anything on the Website infringes upon any copyright that you own or control, you may report the same as described above or by filing a notification with ShipTrails™ at contact@shiptrails.com. We request you to please provide the following information in your complaint:

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint
  2. Identification of the copyrighted work claimed to have been infringed
  3. Identification of the material on Our Website that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit ShipTrails™ to locate the material
  4. The address, telephone number and e-mail address of the complaining party
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law
  6. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

You may also choose to file notification related to mentioned infringement through Our email address contact@shiptrails.com. In such case, please be informed that the notice shall be deemed to have been received by Us only when the email notice is accompanied by all the required details and We acknowledge the receipt of it in writing.

BY ACCESSING AND/OR USING THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.