The Institute of Marine Engineers (India)
WEBSITE USAGE TERMS AND CONDITIONS
1.
Welcome to imare.in (“Website”), the official website of the INSTITUTE OF MARINE ENGINEERS (INDIA) [“IME(I)”]. The users of the Website and its services shall be governed by these Terms and Conditions of Use (“T&C”). In addition to these T&C, all users are also bound by other Website Policies, including the Privacy Policy of the Website.
2.
Hereon, wherever the context so refers “you” or “your”, it shall draw reference to all users, and the terms “we”, “us”, and “our” shall refer to IME(I).
3.
IME(I) is a charitable trust incorporated under Bombay Public Trust Act 1950 with its registered office at 1012, Maker Chambers V, Nariman Point, Mumbai, Maharashtra, India.
4.
By mere accessing or using the Website, you are acknowledging, without limitation or qualification, to be bound by these T&C and the Website Polices, whether you have read the same or not. Accessing, browsing, or otherwise using the Website, whether through a computer or a mobile application, indicates your unconditional agreement to all these T&C in its entirety, so please read this document carefully before proceeding. If you do not agree to any of the terms enumerated in these T&C or the Policies, please do not use the Website. You are responsible to ensure that your access to this Website and material available on or through it are legal in each jurisdiction, in or through which you access or view the Website or such material. Please note that we reserve the right to amend these T&C, as is required, without prior notice. Such changes shall be updated on the Website for your reference.
5.
These T&C shall be governed by and construed in accordance with the Indian Laws.
PURPOSE AND USE
1.1.
The content of the Website and the pages herein is for your general information, personal and non-commercial use only.
1.2.
This Website is directed to be used by adults and persons competent to contract as under the Indian Contract Act, 1872 only. Any person incompetent to contract accessing and using the Website is assumed to do so under the supervision and with prior consent of a parent or legal guardian, and transactions made in such cases shall be considered to be a transaction authorized by the parent or legal guardian.
1.3.
You agree that you are entirely and solely responsible for the information, photos, imagery, chat communication, text, software, data, music, sound, graphics, messages, videos or other materials transmitted, uploaded, posted, emailed or otherwise made available to us (“User Content”) that are displayed or posted by you on this Website.
1.4.
You agree to not encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating or sharing any information that:
1.4.1.
belongs to another person and to which the user does not have any right to;
1.4.2.
infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, right to privacy or rights of publicity];
1.4.3.
engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes, or the buying or selling of “virtual” products related to the Website. Throughout these T&C, IME(I)’s prior written consent means a communication coming from IME(I)’s Legal Department or any other relevant department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
1.4.4.
is deceiving or misleading in any way, or impersonates another person;
1.4.5.
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
1.4.6.
harms minors in any way;
1.4.7.
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libellous;
1.4.8.
contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
1.4.9.
violates any law for the time being in force;
1.4.10.
creates a liability for us or cause us to lose, in whole or in part, the services of our internet service provider (“ISPs”) or other suppliers; and
1.4.11.
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
1.5.
We reserve the right, but not the obligation, to monitor the materials posted on the Website. IME(I) shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these T&C. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the Website and in your private messages.
1.6.
Your use of any information or materials on the 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.
MEMBERSHIP
2.1.
Procedure for Membership:
2.1.1.
True, accurate and current information must be provided at the time of SEEKING Membership to IME(I) and registration for the website. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these T&C, we shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide you with the services of the Website.
2.2.
Each Member shall be given a Membership Number and login credentials to access the Website using the same through the Member Portal.
2.3.
You agree that IME(I) shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where you have failed to update information. You shall be solely liable and responsible for all the activities undertaken through your Account, and any consequences thereof. If you know or have reasons to believe that the security of your Account has been breached, you should contact us immediately at via the information provided in Clause 10 below. If we have found a breach or suspect compromise of the security of your Account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to IME(I).
INTELLECTUAL PROPERTY
3.1.
The contents of this Website are the intellectual property(s) of IME(I) through authorship, ownership, licensing, or other modes, as the case may be. In making copies and engaging in commercial distribution of the same, you will be in violation of the Copyright Act 1957 and/or other applicable law. The user agrees and understand that the contents of this Website are for personal and non-commercial use only.
3.2.
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 IME(I) or the applicable third party (if the concerned content is that of a third party).
3.3.
Usage of digital library: You acknowledge and agree that as a Member you shall have access to IME(I)’s digital library to solely access, read and download copies of the material available in the Digital Library. IME(I) provides such access to material under the Principle of Exhaustion. You acknowledge and agree that you have no rights whatsoever to engage in distribution, commercial or otherwise, of such material. Any legal action with respect to the distributing such copies shall lie against you and not against IME(I).
PRODUCTS AND PAYMENT
4.1.
You may purchase items, services, courses, accommodation or other facilities (collectively, “Products”) from the Website. We endeavour our best to provide as accurate descriptions of such Products as is possible.
4.2.
All Products, included on or otherwise made available to you through the Website as provided on “as is” and “as available” basis without any representations or warranties, express or implied except otherwise specified in writing. Without prejudice to anything in these T&C, IME(I) does not warrant that this Website will be constantly available, or available at all, or the information of this Website is complete, true, accurate, or non-misleading.
4.3.
IME(I) will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with the Website. IME(I) does not warrant that this Website, information, content, materials, product (including software) or services included on or otherwise made available to you through the Website, their servers, or electronic communication sent from us are free of viruses or other harmful components.
4.4.
IME(I) reserves the right to modify the price of a product without price notice. Please note that the final cost of the product cannot be ascertained until checkout. However, IME(I) does not allow for the retail of products in excess of the Maximum Retail Price (“MRP”), wherever applicable. IME(I) is not liable to you in any way or relation to persons misusing our name to engage in fraudulent activities.
4.5.
You will be required to enter valid communication details while placing an order on through the Website. By registering such information withy with us, you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
4.6.
Payments for your orders can be made via credit or debit card, netbanking or e-wallets. However, all options may not be available for all products. The available options for modes of payments shall be visible to you during check-out and you can opt to pick any ONE option.
4.7.
IME(I) does not have a payment platform of its own and you agree that IME(I) is not liable in any manner for any transaction between the payment platform and the user.
PRIVACY PRACTICES
5.1.
We safeguard your personal information in accordance with our Privacy Policy. The Privacy Policy shall also govern your visit and use of the Website. Your usage of the Website implies that your acceptance to the terms of the Privacy Policy.
5.2.
You consent to the use of personal information by IME(I) in accordance with the terms of and purposes set forth in the Privacy Policy.
DISCLAIMER OF WARRANTIES AND LIABILITIES
6.1.
THE WEBSITE IS PRESENTED “AS IS” AND “AS AVAILABLE” BASIS. Neither we nor our holding, subsidiaries, affiliates, partners, or licensors make any representations or warranties of any kind whatsoever, express or implied, in connection with these T&C or the Website or any of the content, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
6.2.
You agree that, to the fullest extent permitted by applicable law, neither we nor our holding, subsidiaries, affiliates, partners, or licensors will be responsible or liable whatsoever under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, loss, theft, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the Website; (e) viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in content; or (g) events beyond the reasonable control of IME(I). We make no representations or warranties that defects or errors will be corrected.
6.3.
Further, to the fullest extent permitted by law, neither we nor our subsidiaries, affiliates, partners, or licensors will be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the Website or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed. IME(I) will not be liable for any direct, indirect, incidental, special or consequential damages in connection with these T&C 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.
6.4.
IME(I)’s entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the Website and Products is solely limited to the amount you paid, not inclusive of shipping and handling, for Products purchased via the Website.
6.5.
You agree that no claims or action arising out of, or related to, the use of the site or these T&C may be brought by you more than six (6) months after the cause of action relating to such claim or action arose. If you have a dispute with us or are dissatisfied with the site, termination of your use of the site is your sole remedy. We have no other obligation, liability, or responsibility to you.
6.6.
The disclaimer set out in this Clause 6 constitutes an essential part of these T&C.
INDEMNITY
7.1.
You agree to defend, indemnify and hold harmless IME(I), its employees, office bearers, Governing Council, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to IME(I) or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under these T&C, or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.
7.2.
This Clause 6 shall survive the expiry or termination of these T&C.
APPLICABLE LAW, JURISDICTION AND DISPUTE RESOLUTION
8.1.
These T&C, along with the Website Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts at Mumbai, Maharashtra shall have exclusive jurisdiction, subject to Clause 7.2 below.
8.2.
Any dispute or difference either in interpretation or otherwise, of these T&C and other Website Policies, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be in Mumbai.
8.3.
IME(I) shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its intellectual property rights or confidential information or to preserve the status quo pending arbitration.
MISCELLEANOUS
9.1.
Termination: These T&C are effective unless and until terminated by either you or IME(I). Any such termination of these T&C shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under these T&C. Upon any termination of these T&C by either you or IME(I), you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under these T&C or otherwise. IME(I) reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of these T&C. Following termination, you will not be permitted to use the Website and IME(I) may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products.
9.2.
Entire Agreement: If any part of these T&C is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these T&C shall continue to be in effect. Unless otherwise specified herein, these T&C constitutes the entire agreement between you and IME(I) with respect to the Website/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written. IME(I)’s failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.
9.3.
Waiver of Class Action Rights: By accepting these T&C, you agree and 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 these T&C must be asserted individually.
9.4.
Severability: If any provision of these Terms is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions shall be given full force and effect.
9.5.
Force Majeure: You agree that IME(I) shall not be liable whatsoever to you in the event of non-availability of the Website and/or any of the Services or any portion thereof, occasioned by an Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of IME(I) (including any event which is caused by the failure or non-performance on the part of third parties).
9.6.
Domestic Use: IME(I) 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.
9.7.
Survival: You acknowledge that the termination of these T&C will in no event terminate or prejudice (i) any accrued right or obligation; or (ii) the provisions of following Clauses:
9.7.1.
CLAUSE 1 (PURPOSE AND USE)
9.7.2.
CLAUSE 3 (INTELLECTUAL PROPERTY)
9.7.3.
CLAUSE 6 (DISCLAIMER OF WARRANTIES AND LIABILITIES)
9.7.4.
CLAUSE 7 (INDEMNITY)
9.7.5.
CLAUSE 8 (APPLICABLE LAW, JURISDICTION AND DISPUTE RESOLUTION)
9.7.6.
CLAUSE 9 (MISCELLEANOUS)
GRIEVANCE REDRESSAL
10.1.
Any complaints or request or concerns with regards these T&C or breach of these T&C or suspicion of such breach may be taken up with the designated Grievance Redressal Officer by sending an email to hgs@imare.in
10.2.
We may reach out to you to confirm or discuss certain details about your complaint and issues raised.
10.3.
We shall not be responsible for any communication, if addressed, to any non-designated person in this regard.