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You are invited to read these Legal Terms and Conditions (“Legal Terms”) carefully. By accessing and using the services available on seaway7.com (“the Website”), you agree to be bound by these Legal Terms as if you had signed them.
In case of disagreement with these Legal Terms, do not access or use this Website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Legal Terms at any time. Please check these Legal Terms periodically for changes. Your continued use of this Website following the posting of changes to these Legal Terms will mean you accept those changes.
You hereby acknowledge and agree as follows:
SEAWAY7 is the owner of the Website accessible at www.seaway7.com.
These Legal Terms defines the contractual agreement between SEAWAY7 and each user accessing and/or using the Website.
Forward looking statements presented on this website are based on various assumptions. The assumptions were reasonable when made, but are subject to uncertainties and contingencies that are difficult or impossible to predict. Seaway 7 ASA cannot give assurances that expectations regarding the outlook will be achieved or accomplished.
The following terms shall be construed in these Legal Terms according to the definitions set forth below:
– “Website”: refers to the website www.seaway7.com, its information content such as all text, graphics, photographs, graphs, sounds, data, images or software owned by SEAWAY7 or licensed to SEAWAY7.
– “User” or “Visitor”: refers to anyone coming to the Website and exploring the public areas of the Website.
SEAWAY7 is the owner or licensee of all rights in the Website, its software, services, functionalities and more generally all elements composing the Website (hereinafter referred to for the purpose of this article as “Website Elements”).
SEAWAY7 grants to the User a worldwide non-exclusive and non-transferable right of use of the Website for the duration of the Legal Terms. The User has the right to download, view, copy and print any Website Elements exclusively for its own and private use of the Website. Notwithstanding the above grant, User may not modify, transfer, sell, reproduce, broadcast, sub-license or publish any of the Website Elements. In particular, the User is expressly precluded to modify in any manner, translate or integrate all or part of the Website Elements.
The User, in turn, holds the rights pertaining to the elements that may be remitted by it to SEAWAY 7. Accordingly, the User grants for the duration of the Legal Terms to SEAWAY7, pursuant to the present Legal Terms the right to reproduce and digitally represent, a non-exclusive and non-transferable worldwide right to publish the elements remitted to SEAWAY7 and giving rise to intellectual property rights as well as all distinctive signs such as trademarks and logos.
The Legal Terms and their future amendments shall remain valid as long as they remain on the Website.
The Website is available 24 hours a day, 7 days a week.
SEAWAY7 aims at the continuous enhancement of the services available on the Website. Consequently, SEAWAY7 may perform all modifications of the Website services it deems necessary. Any use of the Website services by the Users after said modifications will be considered as an acceptance by the User of the modified services available on the Website.
SEAWAY7 reserves the right to occasionally interrupt the Website services without justification or to suspend as a matter of right and for any reason whatsoever, at any time without prior notice, access for its Users to the Website and its services. SEAWAY7 disclaims any liability for the possible consequences of such interruptions or suspensions.
Users are invited to read our Privacy Statement, available on the Website and hereinafter attached as Appendix 1.
The User warrants that the information, data and any other elements that may be provided by it on the Website are true, accurate, current, complete and decent. User further warrants that it is authorised to provide such information, data and elements and that said data, information and elements provided on the Website are not subject to any third-party rights and, in particular, are not infringing upon any third party pre-existing right. Should it be the case the User shall indemnify and hold SEAWAY7 harmless from any claims complaints, objections, and oppositions arising from and in relation to such infringement.
The User also warrants SEAWAY7 against any actionable tort claim from all persons relating to the erroneous nature or deceitful information posted on the Website under its responsibility.
The User is precluded from using the Website and functionality for unintended use or placing a virus on the Website through documents or programs or in any manner whatsoever that may damage, interfere with or copy any software, data or information of the Website.
The Website is provided by SEAWAY7 on an ‘as is’ basis. SEAWAY7 makes no warranties whatsoever and disclaims all warranties expressed or implied including without limitation warranties of merchantability, title or fitness for any particular purpose, non-infringement, compatibility, security and accuracy.
In no event shall SEAWAY7 be liable to any user or to any third party under any applicable law, for any damage of any kind such as but not limited to any indirect and/or consequential damage, incidental or special damages including loss of data, loss of contract, loss of prejudice to the business reputation either arising from any users act or resulting of a defective performance of the service supplied by the Website, any commercial disorder of any kind, as well as for any financial loss including loss of profits, loss of turnover, regardless of the form of action or legal theory under which the liability may be asserted, SEAWAY7 its information suppliers and service suppliers (and in particular its hosting services provider) shall not be held liable for the broadcasting of any erroneous information or for any delay or failure in the broadcasting of any information on the Website or for any temporary interruption of the Website service due to the necessary technical intervention including, without limitation, the intervention of a telecommunications operator, for any delays in services due directly or indirectly to electronic or mechanical failures, telecom or interconnections problems which would affect Website Users.
SEAWAY 7, its information suppliers and service suppliers (and in particular its hosting services providers) shall not be liable for damaging consequences resulting from irregular or fraudulent use of the Website, use of the Website offered services nor for damaging consequences resulting from an unauthorised third party.
The User waives any rights to make any claim against SEAWAY7 for any damage, costs, expenses and the like based on any misunderstanding or lack of knowledge arising out of the legal terms or the use of the Website functionalities.
The provisions of this section shall survive any termination of these Legal Terms.
The User shall always act with good faith within the framework of its use of the Website.
The parties recognise as binding evidence the electronic messages, email exchanged between SEAWAY7 and the User and between the User and another User of the Website.
In addition to the provisions already stipulated under these Legal Terms:
The User shall indemnify and hold SEAWAY7 harmless against any actionable tort claim from all persons relating to the erroneous nature or deceitful information posted on the Website. Generally, the User agrees to indemnify and hold SEAWAY7, its officers, directors, employees, agents and representatives harmless from and against any claims, demands, suits for any liability, costs, damages, penalties and expenses brought by or on behalf of any person which arise or are likely to arise out of these Legal Terms or the User’s access or use of the Website howsoever caused.
If one or several of the provisions of the Legal Terms are held to be unenforceable or invalid or are declared as such by application of a law, regulation or a final decision of a court of competent jurisdiction, the other provisions shall remain in full force and effect.
In the case of difficulty in the interpretation of the clause headings and the contents of any of these clauses, the headings will be declared non-existent
The Legal Terms are governed by the laws of England for substance as well as for procedure.
All disputes arising out of or in connection with the present Legal Terms shall be finally settled under the rules of arbitration of the international chamber of commerce by three arbitrators appointed in accordance with the said rules.
The arbitration award shall be final and binding on the parties. The arbitration tribunal shall take place in London, England.
The personal information provided by the User may be retained by SEAWAY7 to keep track of the User’s access to the Website, to create a profile of the User to better serve it, or to contact the User either electronically or otherwise. SEAWAY7 does not intend to retain User’s personal information longer than is necessary for the purpose for which it was collected.
Information and data provided by the User may be collected by SEAWAY7 for purpose of generating statistical information and using such information for editorial purposes in order to improve the quality of the services available on the Website. SEAWAY7 may share said non-personal aggregated information with its customers, partners or Users.
The User shall refrain from any act likely to damage the privacy or reputation of any other party or any other person by avoiding any libellous, provocative, malicious or threatening comment, message or text. The User of the Website providing data to SEAWAY7 through the Website or otherwise, warrants the accuracy and correctness of any information and data provided on the Website and that it is fully empowered and authorised to provide such information and data.
The User has control over its personal information in accordance with the applicable law(s) protecting personal data under which the User is entitled to have access to its personal information and to have false information modified. For this purpose, the User is invited to complete the User Feedback Form available on www.seaway7.com.
In accordance with the regulations protecting personal information, the right to access the personal data is a personal right that can be exercised only by the person concerned with respect to his/her/its own information. The User acknowledges it is authorised to produce the personal information concerned.
SEAWAY7 reserves its right at all times to disclose any User’s information provided on the Website in order to satisfy the requirements of any applicable law or regulation. SEAWAY7 does not sell the personal information to third parties.
SEAWAY7 reserves the right to disclose and to report to law enforcement agencies information about any User violating the Website rules and about any User activity believed to be unlawful.