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Institute of Marine Engineers ( India )

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Terms and Conditions

The Institute of Marine Engineers(India) -- Website usage terms and conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern The Institute of Marine Engineers(India) [ Hereinafter referred to as IMEI] relationship with you in relation to this website.

If you disagree with any part of these terms and conditions, please discontinue the use of our website now. The term ‘you’ refers to the user or viewer of our website.

 

The term ‘IMEI’ or ‘us’ or ‘we’ refers to the owner of the website, a Registered Charity [Registration Number: F7588(Mumbai)] and whose Registered Office is at 1012, Maker Chambers V, Nariman Point, Mumbai, Maharashtra, India.

These Terms of Service Agreement (the "Agreement") governs your use of this website, www.imare.in (the "Website"), IMEI  offer of services / products for purchase on this Website, or your purchase on this website.

This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below.

IMEI 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.

 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 constitute your acceptance of any such changes or revisions.

IMEI encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing 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 IMEI for other products or services.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics .
    By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non-commercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from IMEI or the applicable third party (if third party content is at issue).
  • Contents of this website are protected by intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use.
  • Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • IMEI is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You 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 material 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
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of India.

DISCLAIMER OF WARRANTIES

Your use of this website and/or products are at your sole risk. The website and products are offered on an "as is" and "as available" basis. IMEI expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the services, products or website content, or any reliance upon or use of the website content services or products. Without limiting the generality of the foregoing, IMEI makes no warranty:

  • That the information provided on this website is accurate, reliable, complete, or timely.
  • That 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. 
  • As to the results that may be obtained from the use of the products or that defects in products will be corrected. 
  • Regarding any products purchased or obtained through the website.
  • Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

 Limitation of liability

  • IMEI’s entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the website.
  • IMEI will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products; (2) the cost of procuring substitute products or content; (3) any products purchased or obtained or transactions entered into through the website; or (4) any lost profits you allege.
  • Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.

Indemnification

  • You will release, indemnify, defend and hold harmless IMEI, and any of its contractors, agents, employees, officers, office bearers, GC members , 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 Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to IMEI. When IMEI is threatened with suit or sued by a third party, IMEI may seek written assurances from you concerning your promise to indemnify IMEI; your failure to provide such assurances may be considered by IMEI to be a material breach of this Agreement. IMEI 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 Products, with counsel of IMEI’s choice at its expense. IMEI 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 IMEI against any claim, but you must receive IMEI’s 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 Products.

   

 

 

General

  • Force Majeure. IMEI will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
  • Cessation of Operation. IMEI may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
  • Entire Agreement. This Agreement comprises the entire agreement between you and IMEI and supersedes any prior agreements pertaining to the subject matter contained herein.
  • Effect of Waiver. The failure of IMEI 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 invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
  • Governing Law; Jurisdiction. This Website originates from Mumbai, Maharashtra, India. This Agreement will be governed by the laws of the State of Maharashtra, without regard to its conflict of law principles to the contrary. Neither you nor IMEI will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Maharashtra. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
  • 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, our Services or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  • 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.
  • Termination. IMEI 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 IMEI may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, IMEI 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 IMEI chooses, in its sole discretion and without advance to you, to terminate it.
  • Domestic Use. IMEI makes no representation that the Website, our Services or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
  • Assignment. You may not assign your rights and obligations under this Agreement to anyone. IMEI may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

By using this website, our services or ordering products from this website you agree to be bound by all of the terms and conditions of this agreement.

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