TERMS AND CONDITIONS OF USE

INTRODUCTION

These Terms and Conditions of Use (collectively, the “Agreement”) comprises a legally binding agreement between Maya Marine and Logistics a Subsidiary of Maya Group of Companies, (“we” or “us”) and you (“Client”, “User”, “you” or “your”) and govern your use of https://www.mayamarineandlogistics.com/ (the “Website”), and all services provided in connection with the site and platform (collectively, the “Platform”). The Platform intends to provide educational resources and other related services to our users as it relates to them.

Maya Marine and Logistics (the “Company”), maintains the websites, for information purposes only. Any use of the Websites by you is subject to the terms and conditions of use set forth below (the “Terms”). Please read these Terms carefully. By accessing and using the Websites, you acknowledge and agree to be bound by these Terms. The Company reserves the right to modify these Terms at any time and encourages you to review these Terms each time that you access the Websites.

By visiting the website, placing and order for service, completing a transaction using the Platform, or browsing the website, you represent that:

  1. you have read, understand, and agree to be bound by this Agreement;

  2. you are of legal age to form a binding contract with Maya Marine & Logistics; and

  3. you have the authority to enter into this Agreement as yourself or on behalf of a Principal (as defined below) and to bind such Principal to this Agreement.

If you do not agree with the terms of this Agreement, please do not use the Platform any further.  Please also read our Privacy Policy, which explains how we collect, use, and share your personal information and/or data.

2.0       OWNERSHIP

All of the content, data, materials, photographs, graphics, trademarks and logos contained on the Websites (the “Content”) are the property of the Company and are protected by applicable copyright and trademark laws. None of the Content may be reproduced, republished, distributed, transferred or modified without the express permission of the Company, except that you may print a copy of the materials included on the Websites for your personal use. The “Maya Marine” mark or logo and all of the other trademarks, logos or trade dress of the Company used on the Websites are the registered or common law service marks of the Company. Any unauthorized use of the Content from the Websites in violation of applicable copyright or trademark laws could result in criminal or civil penalties.

 

3.0       LICENSE GRANT

Maya Marine & Logistics grants you, and you accept a non-exclusive, personal, non-transferable limited license to access and use the Platform, subject to your full compliance with the terms and conditions of this Agreement.

4.0       USE OF WEBSITES

You shall not use the Websites to engage in any activity that is unlawful or to post or transmit any information that (i.) infringes the copyright, trademark or other intellectual property rights of any other party or violates the privacy or publicity rights of any other party; (ii.) is defamatory, libelous, profane or false or that may be found offensive; or (iii.) includes any viruses or other computer code that has the purpose or effect of disabling, damaging, or otherwise affecting the Websites or the computer systems of other users of the Websites. You further agree not to attempt to gain access to any data or personal information relating to any of the other users of the Websites or breach any security measures on the Websites.

5.0       INFORMATION AVAILABLE ON WEBSITE

You accept that the information contained in this website is provided “as is, where is”, is intended for information purposes only and that it is subject to change without notice.  Although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable when posted, it should not be relied upon and it does not in any way constitute either a representation or a warranty or a guarantee.

6.0       ACCESSIBILITY OF WEBSITE

Our aim is to ensure accessibility to the website at all times, however we make no representation of that nature and reserves the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.

7.0       FORMATION OF CONTRACT

Both parties agree that browsing the website and gathering information regarding the services provided by Maya Marine & Logistics does not constitute an offer to sell, but merely an invitation to treat. Both parties agree that the acceptance of the offer is not made when Maya Marine & Logistics contacts you by phone or by email to confirm that the order has been placed online.

No Contract is formed until Maya Marine & Logistics confirms in writing its acceptance of the Order from you. We do not offer or give any guarantee of acceptance of any Order. Acceptance of each Order is at Maya Marine & Logistics’ discretion and is subject to availability of the relevant Products, Equipment and/or Services.

Maya Marine & Logistics will sell Products, hire Equipment and/or provide Services to the Client, and the Client will pay the specified Price, in accordance with the service contract.  The Contract shall constitute the entire agreement between Maya Marine & Logistics and the Client and shall supersede and extinguish all previous drafts, warranties, agreements, arrangements, statements, representations, references and understandings between Maya Marine & Logistics and the Client, whether written or oral, relating to its subject matter.

Before your order is confirmed, you may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.

Please note that there are cases when an order cannot be processed for various reasons. We reserve the right to refuse or cancel any order for any reason at any given time.

8.0       SUPPLY OF SERVICES

Maya Marine & Logistics shall supply the Services to the Client in accordance with the Contract in all material respects.  We shall use all reasonable endeavours to meet any performance dates specified in the Contract, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services unless expressly otherwise stated in the Contract.

We shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and the Supplier shall notify the Client of any such change(s) in any such event.

9.0       PRICE

The Price for the provision of Services, purchase of Products or hire of Equipment shall be that agreed between the Parties and confirmed in writing.  The Charges for the Services shall be as set out in the Contract and Maya Marine & Logistics shall invoice the Client on the terms stipulated in the Contract.

The Client shall pay each invoice submitted by Maya Marine & Logistics within 7 days of the date of the invoice and in full, and time for payment shall be of the essence of the Contract.

All prices quoted by Maya Marine & Logistics in its Quotations are valid for thirty (30) days only and reserves the right to amend any typographical, clerical or other error or omission on any documentation containing pricing information. Maya Marine & Logistics shall have no liability to the Client for any such errors or omissions. 

Where applicable Maya Marine & Logistics is obliged to charge in addition to the Price any value added tax in India.

Without limiting any other right or remedy, if the Client fails to make any payment due to Maya Marine and Logistics under the Contract by the due date for payment (Due Date), We shall have the right to charge interest on the overdue amount accruing on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgment, and compounded quarterly.

10.0    FEE MODIFICATIONS

We reserve the right to change or discontinue, temporarily or permanently, some or all of the fees for the Service (including to lower fees for promotional events), and such changes are effective when we post information about the fee change through the Service.

11.0    CANCELLATION OF ORDER / CONTRACT

Maya Marine & Logistics reserves the right to cancel any order without any explanation for doing so, under situation where Maya Marine & Logistics  is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the Maya Marine & Logistics  policy or for any reason. However, Maya Marine & Logistics will ensure that any communication of cancellation of an order is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.

12.0    CORRECTION OF ERRORS

Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.

13.0    CONFIDENTIALITY

Clients shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Clients by Maya Marine & Logistics, its employees, agents or subcontractors, and any other confidential information concerning the our business, products or services which the clients may obtain. The Clients shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Client’s obligations under the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Client. This shall survive termination of the Contract.

14.0    ACCEPTANCE OF ELECTRONIC DOCUMENTS

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

15.0    LINKS AND THIRD PARTY WEBSITES

We may include links to third party websites at any time. However, the existence of a link to another website should not be considered as an affiliation or a partnership with a third party or viewed as an endorsement of a particular website unless explicitly stated otherwise.

 In the event the user follows a link to another website, he or she does so at his or her own risk. We accept no responsibility for any content, including, but not limited to, information, products and services, available on third party websites.

Creating a link to this website is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.

16.0    NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to Maya Marine & Logistics email addresses or through Maya Marine & Logistics computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in New Jersey. Any unauthorized use of Maya Marine & Logistics computer systems is a violation of these Terms and certain federal and state laws.

17.0    INTELLECTUAL PROPERTY /OWNERSHIP

All right, title and interest in and to the Site and the Service are and will remain the exclusive property of Maya Marine & Logistics and its licensors. Maya Marine & Logistics logos, icons and other marks identifying Maya Marine & Logistics services or products are trademarks of Maya Marine & Logistics and may not be used without prior written permission. Except as otherwise expressly set forth in these Terms, you may not copy reproduce, distribute, or create derivative works of the Service or the Site without Maya Marine & Logistics’s express written authorization. All rights not expressly granted in these Terms are reserved to Maya Marine & Logistics.

Maya Marine & Logistics respects the intellectual property rights of others and expects users of the Site to do the same. You may not post, distributed, or reproduce in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use. If you believe that through the Service your work   has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please immediately notify us at legal@mayamarineandlogistics.com.  Filing a notice of infringement with Maya Marine & Logistics requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998.

18.0    DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on or through the Platform, please notify Everydayitmatter’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  2. Identification of the copyrighted work claimed to have been infringed, or,  if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  3. Identification of the material 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, and information reasonably sufficient to permit Maya Marine & Logistics to locate the material;

  4. Information reasonably sufficient to permit Maya Marine & Logistics to contact the complaining party, such as an address, telephone number, and, if  available, an electronic mail address at which the complaining party must be contacted;

  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; and

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above information must be submitted to the following address:

MAYA MARINE & LOGISTICS

Attention:

Copyright Agent:

Office No. 201, 202, 204

Panchkalyan Business Complex,

Opp. DadaSaheb Derasar,

Kalanal, Bhavnagar, 364001

Gujarat, India.

 

Only DMCA notices mailed to the address above or emailed to info@mayamarineandlogistics.com will be accepted. All other inquiries or requests will be discarded. Upon receiving a complaint related to copyright infringement, Maya Marine & Logistics may remove the content identified as being infringing. In addition, Maya Marine & Logistics may, but is under no obligation to, terminate the Account of the party that appears to be the infringer.

 

 

19.0    AVAILABILITY OF SERVICES, SUSPENSION AND TERMINATION

Subject to the terms of this Agreement and Maya Marine & Logistics' policies and procedures, Maya Marine & Logistics shall use commercially reasonable efforts to provide the Platform in a manner that will not disrupt your business. You acknowledge and agree that from time-to-time, the Platform may be inaccessible or inoperable for reasons including, without limitation:

  1. equipment malfunctions;

  2. periodic maintenance procedures or repairs; or

  3. causes beyond the reasonable control of Maya Marine & Logistics or that are reasonably unforeseeable by Maya Marine & Logistics , including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.

You acknowledge and agree that Maya Marine & Logistics is not liable for interruptions to the availability of the Platform and further acknowledge that Maya Marine & Logistics does not guarantee access to the Platform on a continuous and uninterrupted basis.

Maya Marine & Logistics may decline, remove or halt sales of any Digital Good or Physical Product, suspend or terminate an Account, and/or suspend or terminate the Platform at any time, in its sole discretion, without cause or notice to you or any penalty or liability for doing so.

Maya Marine & Logistics, in its sole discretion, may suspend or terminate contract, or retain any or all funds in your Balance, if Maya Marine & Logistics suspects or has reason to believe and/or if a person otherwise claims that you have violated the law or breached any term of this Agreement. In addition to the foregoing, and all other rights and remedies available to Maya Marine & Logistics at law or in equity and notwithstanding anything in the Agreement to the contrary, in the event you breach any term of this Agreement, or your Account becomes dormant and/or has a negative Balance, Maya Marine & Logistics will have the right to immediately suspend or terminate your Account and your rights to access, use and/or otherwise participate in the Platform. Upon such termination, you agree to immediately cease all use of the Platform. Without limiting the foregoing, Maya Marine & Logistics shall have the right to immediately terminate your access and use of the Platform, or any portion thereof, in the event of any conduct that Maya Marine & Logistics, in its  sole discretion, considers unacceptable.

Maya Marine & Logistics may temporarily withhold any portion of the funds in your Account if Maya Marine & Logistics, in its sole discretion, determines such action is necessary to secure payment for, performance of, and/or assurances regarding any liabilities, obligations, or indebtedness you may have incurred with Maya Marine & Logistics or any other user.

20.0    INDEMNIFICATION

You assume and accept all liability and risk of loss associated with your use of the Websites, and your use and reliance on any information provided on the Websites is at your own risk. In connection therewith, you will protect, defend, hold harmless and indemnify Maya Marine and Logistics, and its affiliated companies, and each of their respective directors, officers, employees or agents, from and against any and all demands, claims, actions, costs, expenses and liabilities, including reasonable attorneys’ fees (the “Losses”), brought or asserted against Maya Marine and Logistics by or on behalf of any person or entity whomsoever, which Losses directly or indirectly relate to your use of the Websites, regardless of the extent to which any Losses may be attributable, in whole or in part, to any acts or omissions of the Company.

21.0    LIMITATION OF LIABILITY

In no event shall any Maya Marine & Logistics party, or its heirs, successors and assigns, be liable for any indirect, incidental, special, punitive, or consequential damages whatsoever arising out of, resulting from, or in connection with this agreement and/or any (a.) use of or inability to use the platform, (b.) personal injury, property damage, or losses of any kind, resulting from your access to and/or use of the platform, (c.) unauthorized access to or use of any and all personal information and/or financial information stored therein, (d.) interruption or cessation of transmission to or from the platform, and/or (e.) bugs, viruses, trojan horses, or the like, which may be transmitted to or through the platform, whether or not Maya Marine & Logistics is advised of the  possibility of such damages.

Notwithstanding anything herein to the contrary, the maximum cumulative and aggregate liability of Maya Marine & Logistics for all costs, losses or damages from claims arising under or related in any way to this agreement, whether in contract, tort or otherwise, shall not exceed an amount equal to the total amounts due and payable by Maya Marine & Logistics to you under this agreement for the month  immediately preceding the date upon which such damages accrue. The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a  fair allocation of risk. The platform, and any services or information offered through or in association with the platform, would not be provided without such limitations and you agree that the limitations of liability and disclaimers specified herein will survive and apply even if found to have failed of their essential purpose. Because some jurisdictions do not allow the exclusion or limitation of certain categories of damages, in such jurisdictions, you agree that the liability of Maya Marine & Logistics shall be limited to the fullest extent permitted by such jurisdiction.

22.0    NO VALIDITY GUARANTEED

Maya Marine & Logistics does not endorse, approve, or certify any information provided on or through the Platform, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Information provided on or through the Platform may or may not be current as of the date of your access, and Maya Marine & Logistics has no duty to update and maintain such information. Additionally, the information provided on or through the Platform may be changed periodically without prior notice. All content provided on or through the Platform is provided "AS IS." Use of such information is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. You release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM. YOU UNDERSTAND THAT MAYA MARINE & LOGISTICS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM.

23.0    DISCLAIMER

MAYA MARINE & LOGISTICS MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1.) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (2.) YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3.) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE; OR (4.) ANY ERRORS IN THE PLATFORM WILL BE CORRECTED. ANY CONTENT DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE PLATFORM, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

24.0    PRIVACY

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this Agreement. The entire Privacy Policy is available here.

25.0    GOVERNING LAW

This website is controlled by Maya Marine & Logistics from our offices located in Gujarat, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Gujarat, India, by accessing our website, you agree that the statutes and laws of Gujarat, India, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in the Gujarat, India, You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

26.0    NO AGENCY

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

27.0    ASSIGNMENT

Maya Marine & Logistics  may freely assign or transfer any or all of the rights and obligations described in this Agreement, or this Agreement in its entirety in connect with a merger, acquisition, or sale of assets or by operation of law or otherwise. You may not assign this Agreement or any of your rights and duties hereunder without the prior written consent of Maya Marine & Logistics. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

28.0    SEVERABILITY

If any provision of this Agreement is determined by a court to be unenforceable or invalid, the validity of the remaining parts, terms or provisions shall not be affected by that determination, and such court shall substitute a provision that is legal and enforceable and is as close to the intentions underlying the original provision as possible.

29.0    NON-ASSIGNMENT

Clients shall not assign, transfer or sub-contract all or any part of the Contract or any benefit, interest, right or obligation under the Contract, without the prior agreement of Maya Marine & Logistics in writing.

30.0    ANTI-BRIBERY

Clients shall:

  1. comply, and shall procure that each member of the Client Group shall comply, with all applicable laws, statutes, regulations, and codes relating to anti-bribery and anti-corruption;

  2. not engage in any activity, practice or conduct which would constitute an offence;

  3. have and shall maintain in place throughout the term of the Contract its own policies and procedures, including adequate procedures

  1. promptly report to Maya Marine & Logistics any request or demand for any undue financial or other advantage of any kind received by any member of the Client Group in connection with the performance of the Contract.

Clients shall ensure that all parties performing work or services in connection with the Contract does so only on the basis of a written contract which imposes on and secures from such person terms equivalent to those imposed.

31.0    FORCED LABOUR

The Client shall:

  1. comply, and shall procure that each parties shall comply, with all applicable laws, statutes regulations and codes relating to slavery, servitude, forced or compulsory labour and human trafficking including the Modern Slavery Act 2015;

  2. undertake not to purchase any resource, materials or products from producers, suppliers or manufacturers using forced or compulsory labour in its operations or practices;

  3. have and shall maintain in place throughout the term of the Contract its own policies and procedures to ensure its compliance with clause above and will enforce them where appropriate;

  1. immediately notify Maya Marine & Logistics in writing if it becomes aware of any breach or alleged breach of this clause within (and clients warrants that has not been convicted of any offence involving slavery and human trafficking and, having made reasonable enquiries, to the best of its knowledge none of the parties or their direct or indirect owners at the date of the Contract have been or are the subject or any investigation, enquiry or enforcement proceedings by any governmental, administrative or regulatory body regarding an offence or alleged offence of or in connection with slavery and human trafficking).

The Client shall ensure that all parties performing services or work in connection with the Contract does so only on the basis of a written contract which imposes on and secures from such person terms equivalent to those imposed on the Client in this clause above.

32.0    ENTIRE AGREEMENT

This Agreement constitutes the complete and exclusive agreement between the parties relating to the subject matter hereof.  It supersedes all prior proposals, understandings and all other agreements, oral and written, between the parties relating to this subject matter.

 

 

33.0    WAIVER

The waiver or failure by Maya Marine & Logistics to exercise any right provided for herein will not be deemed a waiver of any further right hereunder. The rights and remedies of Maya Marine & Logistics set forth in this Agreement are cumulative and are in addition to any rights or remedies Maya Marine & Logistics may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for herein.

34.0    FORCE MAJEURE

Neither you nor Maya Marine & Logistics shall be responsible for delays or failures in performance resulting from acts of God, strikes, lockouts, riots, acts of war and terrorism, embargoes, boycotts, changes in governmental regulations, epidemics, fire, communication line failures, power failures, earthquakes, other disasters or any other reason where failure to perform is beyond the control of, and not caused by, the non-performing party.

35.0    HEADINGS/INTERPRETATION

The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement.  Any graphics or annotations provided in connection with this Agreement are for illustration purposes only and do not constitute part of the Agreement and changing a graphic does not qualify as a change to this Agreement. The list of Prohibited Products and Activities is separately maintained, and modifications thereto will not qualify as a change to this Agreement.

CONTACT INFORMATION

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

MAYA MARINE & LOGISTICS

Office No. 201, 202, 204, Panchkalyan Business Complex,

Opp. DadaSaheb Derasar, Kalanal, Bhavnagar, 364001

Gujarat, India.

India : +919978697626

London, Uk: +0447388175068

Info@mayamarineandlogistics.com

accounts@mayamarineandlogistics.com

yash@mayaoverseas.net

 

 

Last updated on 2nd APril, 2020