Jawaharlal
Nehru Port Trust strives to make this site useful and
intuitive for all those connected with or interested
in the shipping industry. We want to make your visit
to our site meaningful, interesting and pleasant. Please
carefully read through the following Agreement, which
contains important information.
PRELIMINARY
Agreement
- This Agreement (“Agreement”, “Terms of Service”,
“TOS”) sets out the terms and conditions governing the
use of the Jawaharlal Nehru Port Trust (“Indiaport”)
website (“the Site”, “the Website”) by you, the User
(“you”, “User”).
Access
Requirements - To use the Site, you must obtain
access to the World Wide Web, either directly or through
devices that access web-based content, and pay any service
fees associated with such access. In addition, you must
provide all equipment necessary to make such connection
to the World Wide Web, including a computer and modem
or other access device.
Updates
- We may update this agreement periodically, and
we reserve the right to do so without being required
to give prior notice to any particular User. We also
reserve the right to alter, withdraw, delete or add
to the services and facilities on our website at any
time. Amendments are effective when posted.
Most
Current Version At all times, the most current version
of the TOS, which you can find that www.jnport.com/tos.htm,
will govern. We encourage you to check the most current
version frequently and to familiarize yourself with
its provisions.
Express
& Unconditional Acceptance. Before being permitted
to use this Service, you must expressly accept the entire
terms and conditions of this contract without any modification
or reservation.
HOW
THIS AGREEMENT IS ARRANGED
Arrangement
- This agreement contains both general conditions
and special conditions. The general conditions apply
to all parts of this website. In addition, each module
or section of this website may have its own special
conditions governing the use of that particular section.
For example, there may be specific terms and conditions
relating to Container Tracking module. These specific
conditions are in addition to (but not, unless otherwise
indicated, in substitution of) the general terms and
conditions.
Special
Conditions Over-ride. Where there is an inconsistency
or a conflict between the general conditions and special
conditions, the latter always prevails.
GENERAL
About
the Site. The Jawaharlal Nehru Port Trust Website at
http://www.jnport.com allows to access and avail of
relevant information and services using the Site.
The
Site is designed to facilitate commercial transactions
and allow :
To access
relevant news, information, content;
To
offer services relating to the shipping and
Marine;
To
post or search inquiries; to engage in negotiations
and
DISCLAIMER
The
site material is made available at the Jawaharlal
Nehru Port Trust website strictly and only on an "as
is" basis, without warranties of any kind. Jawaharlal
Nehru Port Trust expressly disclaims any representations
and warranties, express, implied or statutory, including
inter alia as to merchantability and fitness for a
particular purpose, title, non-infringement, freedom
from computer virus in respect of the site material
or arising from a course of dealing or course of performance
at the Jawaharlal Nehru Port Trust website.
Without
prejudice to the generality of the foregoing, Jawaharlal
Nehru Port Trust does not warrant or represent that
any part of the website or the service will be functioning
or available at any given time.
Jawaharlal
Nehru Port Trust makes no warranty, representation
or guaranty as to the content, sequence, accuracy,
timeliness or completeness of any site material or
that the same may be relied upon for any reason. In
addition, Jawaharlal Nehru Port Trust does not represent
or warrant that the information accessible via this
site is accurate, complete or current.
Jawaharlal
Nehru Port Trust makes no warranty, representation
or guaranty that the site material will be uninterrupted
or error free or that any defects can or will be corrected.
Jawaharlal Nehru Port Trust is not responsible for
any errors, omissions or representations on any part
of the Jawaharlal Nehru Port Trust website or on any
links thereon. Jawaharlal Nehru Port Trust does not
endorse in anyway any advertisers on the Jawaharlal
Nehru Port Trust website.
In
addition, Jawaharlal Nehru Port Trust does not represent
or warrant that the information accessible via this
site is accurate, complete or current nor does it
undertake, expressly or impliedly, to make it so.
Information,
including availability thereof, and goods & services,
including the price and delivery times thereof, are
all subject to change without notice.
Member’s
use of the site and exchange is at member’s sole risk.
Member’s
are responsible for familiarizing themselves with
applicable local laws, regulations and statutes including
without limitation those relating to exchange control,
export-import policies, customs laws and general commercial
laws.
The
products and services offered through the site and
the exchange are not intended to be offered in any
jurisdiction where such an offer would be illegal.
AVAILABILITY
OF THE SITE
Jawaharlal
Nehru Port Trust reserves the right to make the Site
and Exchange unavailable from time to time for any
reason. Member agrees that Jawaharlal Nehru Port Trust
shall not be liable for any damages arising from any
interruption, suspension or termination of the Site
and/or the Exchange.
USE
OF SERVICE
YOU
MAY NOT AT ANY TIME OR UNDER ANY CIRCUMSTANCES USE
THE SERVICE TO TRANSMIT, COLLECT, DISSEMINATE, CACHE,
POST, UPLOAD, DOWNLOAD, PROPOGATE OR OTHERWISE HOWSOEVER
COMMUNICATE MATERIAL THAT IS DEFAMATORY, LIBELOUS,
ILLEGAL, RACIST, COMMUNAL, OFFENSIVE, SPAM, SCURRILOUS,
OBSCENE, PRURIENT OR VULGAR.
Without
prejudice to the generality of the foregoing, you
are not permitted to use the Service to:
Upload,
post or otherwise transmit any content that is unlawful,
harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive
of another’s privacy, hateful, or racially,
ethnically or otherwise objectionable;
Impersonate any
person or entity, including, but not limited to,
a Jawaharlal Nehru Port Trust official, employee
or agent, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
Forge headers or
otherwise manipulate identifiers in order to disguise
the origin of any content transmitted through the
Service or develop restricted or password-only access
pages, or hidden pages or images (those not linked
to from another accessible page);
Upload, post or
otherwise transmit any content that you do not have
a right to transmit under any law or under contractual
or fiduciary relationships (such as inside information,
proprietary and confidential information learned
or disclosed as part of employment relationships
or under nondisclosure agreements);
Upload, post or otherwise transmit
any content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights
of any party;
Upload, post or
otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, “junk
mail,” “spam,” “chain letters,”
“pyramid schemes,” or any other form
of solicitation, except in those areas of the Service
that are designated for such purpose;
Upload, post or
otherwise transmit any material that contains software
viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications
equipment;
Disrupt the normal
flow of dialogue, cause a screen to “scroll”
faster than other users of the Service are able
to type, or otherwise act in a manner that negatively
affects other users’ ability to engagen real
time exchanges;
Interfere with
or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to
the Service;
Intentionally or unintentionally
violate any applicable local, state, national or
international law;
"Stalk” or otherwise
harass another;
Promote or provide
instructional information about illegal activities,
promote physical harm or injury against any group
or individual, or promote any act of cruelty to
animals. This may include, but is not limited to,
providing instructions on how to assemble bombs,
grenades and other weapons, and creating “crush”
content;
Use any automated means to
access the site or collect any information from
the site.
Frame the site, place pop-up
windows over its pages, or otherwise affect the
display of its pages.
Display a sponsorship banner
of any kind, including those that are generated
by banner or link exchange services.
Jawaharlal Nehru Port Trust at all times reserves the
right to edit, ban, prohibit, block, disallow or otherwise
restrict the posting, transmission, carriage, routing,
uploading, downloading, propagation, communication or
dissemination of any content that violates the terms
of this Agreement.
Jawaharlal
Nehru Port Trust at all times reserve the right to take
such action as it deems appropriate or necessary to
protect itself and its interests.
Jawaharlal
Nehru Port Trust SHALL
HAVE NO LIABILITY FOR (A) ANY LOSS OR INJURY CAUSED,
IN WHOLE OR IN PART, BY ITS ACTIONS, OMISSIONS, OR NEGLIGENCE,
OR FOR CONTINGENCIES BEYOND ITS CONTROL, IN PROCURING,
COMPILING, OR DELIVERING THE SITE MATERIAL; (B) ANY
ERRORS, OMISSIONS, OR INACCURACIES IN OR RELATING TO
THE SITE MATERIAL REGARDLESS OF HOW CAUSED, OR DELAYS
OR INTERRUPTIONS IN DELIVERY; (C) ANY DECISION MADE
OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE SITE
MATERIAL; (D) ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER
IN CONTRACT, TORT OR OTHERWISE, FROM THE USE OF, OR
RELIANCE ON THE SITE MATERIAL OR FROM THE USE OF THE
INTERNET GENERALLY.
IN
NO EVENT SHALL Jawaharlal
Nehru Port Trust BE LIABLE FOR ANY FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES
FOR ANY LOSS OF PROFITS, GOODWILL, USE OR OTHER INTANGIBLE
LOSSES INCLUDING IN NEGLIGENCE, WHETHER REMOTE, PROXIMATE
OR FORESEEABLE, AND WHETHER OR NOT Jawaharlal
Nehru Port Trust HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH
(A) THE USE OR THE INABILITY TO USE THE SERVICE; (B)
THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES GATHERED
OR OBTAINED OR MESSAGES RECEIVED THROUGH OR FROM THE
SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE.
GOVERNING
LAW & JURISDICTION
THE
OWNER IS AN INDIAN COMPANY, BASED IN INDIA AND IS RENDERING
WORLDWIDE SERVICE FROM INDIA, EVEN THOUGH THE WEBSITE
ADDRESS MAY BE LOCATED IN NORTH AMERICA OR ELSEWHERE.
HOWEVER, THE ENTIRE MANAGEMENT AND ALL THE BUSINESS
ACTIVITIES INCLUDING THE PROVIDING THE CONTENTS OF THE
WEBSITE, PROVIDING SERVICE, INFORMATION, MATERIALS,
DATA, ETC., ARE ORGANIZED, UPDATED AND MAINTAINED BY
THE OWNER FROM INDIA AND ARE CONTROLLED FROM INDIA.
THIS
AGREEMENT IS GOVERNED BY THE LAWS OF THE REPUBLIC OF
INDIA.
BEFORE
BEING PERMITTED TO USE THIS SERVICE, YOU MUST EXPRESSLY
ACCEPT THE ENTIRE TERMS AND CONDITIONS OF THIS CONTRACT
WITHOUT ANY MODIFICATION OR RESERVATION AND ONLY THEREUPON
WILL YOU BE PERMITTED TO USE THE Jawaharlal
Nehru Port Trust WEBSITE AND THE SERVICE, IRRESPECTIVE
OF WHERE YOU OR YOUR ORGANIZATION ARE LOCATED.
THIS
AGREEMENT IS DEEMED TO HAVE BEEN SIGNED AND EXECUTED
IN BOMBAY, INDIA AND YOU EXPRESSLY SUBMIT YOURSELF
TO THE EXCLUSIVE JURISDICTION OF COURTS IN BOMBAY, INDIA,
IN RESPECT OF ANY DISPUTES ARISING IN ANY MANNER OUT
OF OR RELATING TO THE Jawaharlal
Nehru Port Trust WEBSITE, THE SERVICE, THE SITE
MATERIALS, THIS AGREEMENT OR YOUR USE OR UNDERSTANDING
THEREOF.
YOU
EXPRESSLY WAIVE ANY OBJECTION OF WHATSOEVER NATURE TO
INDIAN JURISDICTION AND AGREE NOT TO RAISE ANY OBJECTION
OR TAKE ANY PLEA AS TO INDIAN JURISDICTION ON THE GROUND
OF FORUM INCONVENIENT, DELAY, EXPENSE, HARDSHIP OR OTHERWISE
HOWSOEVER.
YOU
FURTHER EXPRESSLY AGREE NOT TO INITIATE ANY LEGAL PROCEEDINGS
AGAINST THE OWNER IN RESPECT OF ANY MATTER RELATING
TO OR ARISING OUT OF THE Jawaharlal
Nehru Port Trust WEBSITE, THE SITE MATERIAL,
THE SERVICE OR THIS AGREEMENT OR ITS USE, INTERPRETATION
OR UNDERSTANDING IN ANY JURISDICTION EXCEPT THAT OF
THE COURTS IN BOMBAY, INDIA.
YOU
ARE ADVISED TO TAKE A HARD-COPY PRINT-OUT OF THIS AGREEMENT
AND TO KEEP THE SAME IN A SECURE PLACE. AN ONLINE VERSION
OF THE LATEST AND CURRENT AGREEMENT WHICH INCLUDES THIS
DISCLAIMER IS AVAILABLE AT http://www.jnport.com/tos.html.
MODIFICATIONS
AND AMENDMENTS TO SERVICE & AGREEMENT
Right
to Modify, etc. Jawaharlal Nehru Port Trust reserves
the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice.
No
Assumption of Liability. You agree that Jawaharlal Nehru
Port Trust shall not be liable to you or to any third
party for any modification, suspension or discontinuance
of the Service.
LINKS
& THIRD PARTY CONTENT
Third
Party Content. The Service may provide, or third parties
may provide, links to other World Wide Web sites or
resources. Because Jawaharlal Nehru Port Trust has no
control over such sites and resources, you acknowledge
and agree that Jawaharlal Nehru Port Trust is not responsible
for the availability of such external sites or resources,
and does not endorse and is not responsible or liable
for any content, advertising, products, or other materials
on or available from such sites or resources.
No
Assumption of Liability for Third Party Content. You
further acknowledge and agree that Jawaharlal Nehru
Port Trust shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance
on any such Content, goods or services available on
or through any such site or resource.
