You are invited to read these Legal Terms and Conditions (“Legal Terms”) carefully.
By accessing and using the services available on Voe Marine Engineering Ltd (“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:
Voe Marine Engineering Ltd is the owner of the Website accessible at www.voe-marine.com
These Legal Terms define the contractual agreement between Voe Marine Engineering Ltd and each user accessing and/or using the Website.
1. DEFINITIONS
The following terms shall be construed in these Legal Terms according to the definitions set forth below:
- “Website”: refers to the website www.voe-marine.com, its information content such as all text, graphics, photographs, graphs, sounds, data, images or software owned by Voe Marine Engineering Ltd or licensed to Voe Marine Engineering Ltd.
- “User” or “Visitor”: refers to anyone coming to the Website and exploring the public areas of the Website.
2. OWNERSHIP/USER’S RIGHT OF USE
Voe Marine Engineering Ltd 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”).
Voe Marine Engineering Ltd 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 Voe Marine Engineering Ltd. Accordingly, the User grants for the duration of the Legal Terms to Voe Marine Engineering Ltd, 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 Voe Marine Engineering Ltd and giving rise to intellectual property rights as well as all distinctive signs such as trademarks and logos.
3. DURATION
The Legal Terms and their future amendments shall remain valid as long as they remain on the Website.
4. WEBSITE SERVICES
The Website is available 24 hours a day, 7 days a week.
Voe Marine Engineering Ltd aims at the continuous enhancement of the services available on the Website. Consequently, Voe Marine Engineering Ltd 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.
Voe Marine Engineering Ltd 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. Voe Marine Engineering Ltd disclaims any liability for the possible consequences of such interruptions or suspensions.
5. PRIVACY
Users are invited to read our Privacy Statement, available on the Website.
6. PROVISION OF DATA BY USERS
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 Voe Marine Engineering Ltd harmless from any claims complaints, objections, and oppositions arising from and in relation to such infringement.
The User also warrants Voe Marine Engineering Ltd 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.
7. LIMITED WARRANTY
The Website is provided by Voe Marine Engineering Ltd on an ‘as is’ basis. Voe Marine Engineering Ltd 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.
8. NO LIABILITY
In no event shall Voe Marine Engineering Ltd 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,Voe Marine Engineering Ltd 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.
Voe Marine Engineering Ltd, 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 Voe Marine Engineering Ltd 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.
9. GOOD FAITH
The User shall always act with good faith within the framework of its use of the Website.
10. EVIDENTIARY ASPECTS
The parties recognise as binding evidence the electronic messages, email exchanged between Voe Marine Engineering Ltd and the User and between the User and another User of the Website.
11. USER’S LIABILITY
In addition to the provisions already stipulated under these Legal Terms:
The User shall indemnify and hold Voe Marine Engineering Ltd 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 Voe Marine Engineering Ltd, 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.
12. MISCELLANEOUS
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.
13. GOVERNING LAW
The Legal Terms are governed by the laws of Scotland for substance as well as for procedure.
14. SETTLEMENT OF DISPUTES
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 Scotland.