Vessel.market is an online marketplace that enables buyers (“Buyer”) to search for vessels, ships, tugs, marine/water crafts, other related marine/water crafts, listed for sale (“Seller” and, collectively with Buyer, “Registered Users”). The Website contains features that enable Seller and Buyer to do, among other things, the following:
Buyer: Register a profile, , search for vessels, communicate with Seller, , ,.
Seller: Create profile, advertise vessels, , receive enquiries from Buyers,.
A. Eligibility. To access our Services through our Website, you must be a legal entity, or an individual of eighteen (18) years of age or older who can form legally binding contracts or in case of minor, represented by a Legal guardian. To become a Registered User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms of Service.
By becoming a Registered User, you agree to: (1) abide by the Terms of Service and the processes, procedures, and guidelines described throughout the Website; (2) be financially responsible for your use of the Website and the purchase of services; and (3) perform your obligations as specified by any transaction Agreement that you accept, unless such obligations are prohibited by law or by the Terms of Service. Vessel.market reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone.
B. Registration. To become a Registered User and to access Services you must register for an Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy and completeness.
1. General. Vessel.market is not a party to the dealing, contracting and fulfillment of any transaction between a Buyer and a Seller. Vessel.market has no control over and does not guarantee the quality, safety or legality of any vessels listed, the truth or accuracy of vessel listings, the qualifications, background, or abilities of Registered Users, the ability of Seller to perform services, the ability of Buyer to pay for services, or that a Buyer or Seller can or will actually complete a transaction. Vessel.market is not responsible for and will not control the manner in which a Seller operates and is not involved in the hiring, firing, discipline or working conditions of the Seller. All rights and obligations for the purchase and sale of services or other deliverables are solely between a Buyer and a Seller. Vessel.market will not provide any Seller with any materials or tools to complete any transaction. Buyer and Seller must look solely to the other for enforcement and performance of all the rights and obligations arising from transaction Agreements and any other terms, conditions, representations, or warranties associated with such dealings.
2. Agency. These Terms of Service and any registration for or subsequent use of this Website by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and Vessel.market, except and solely to the extent expressly stated.
A. Transaction Fee. Vessel.market may charge sellers a transaction/listing fee as per the pricing schedule updated on the vessel.market portal.
B. We reserve the right to implement / charge membership fees, service fees, processing fees or any other fee that may be charged by Vessel.market at any time, at the sole discretion of Vessel.market and upon reasonable notice posted in advance on the Website. No refunds of fees already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid.
A. These Terms of Service shall become effective as your contractual agreement upon your use of the Website, and shall continue until your Account is terminated by you or Vessel.market as provided for under the terms of this section.
B. Unless otherwise agreed to in writing between the parties, either party may terminate the contractual agreement represented by these Terms of Service at any time upon notice to the other party. In such event, your Account is automatically terminated and you shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to Vessel.market for any service (IVessel.Market is not responsible nor has an oversight over any offline transactions that take place between buyer and seller. No online transactions take place between buyer and seller).
C. Any termination of an Account will automatically lead to the termination of all related profiles.
D. Without limiting our other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a transaction, and refuse to provide any or all services to you if: (1) you breach the letter or spirit of any terms and conditions of these Terms of or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Website; (2) we are unable to verify or authenticate any information you provide to us; or (3) we believe in our sole discretion that your actions may cause legal liability for you, our Registered Users or for Vessel.market or are contrary to the interests of the Website. Once indefinitely suspended or terminated, you must not continue to use the Website under the same Account, a different Account, or register under a new Account.
E. In addition, violations of these Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
F. When your Account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Website. The material may be deleted along with all your previous posts and proposals.
A. Registered User Content.
1. You are solely responsible for information posted on our Website, including but not limited to (a) any audio, video or photographic content (collectively, “Multimedia Content”), (b) any posting or listing made in any public message area, ??or through Vessel. Market’s (collectively, “”>Non-Multimedia Content”) and (c) You retain ownership of all Multimedia Content and Personal Content, subject to the licenses granted herein.
2. You hereby assign to Vessel.market your rights in any Non-Multimedia Content. You grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to the Multimedia Content and to use such Multimedia Content for the purpose of advertising and publicizing Vessel.market products and services and you grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to use the Personal Content for the purpose of providing services.
3. Your information must not: (a) infringe any third party’s rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, trade libelous, threatening or harassing; nor (c) be obscene, indecent or contain pornography.
4. We do not endorse any information posted by Registered Users and we are not liable for any such information posted on the Website, including but not limited to any information posted about you. We reserve the right to take any action, in our sole discretion, with respect to information posted on the Website which we believe is inappropriate, including but not limited to termination of your Account. However, we cannot, nor do we, control the information provided by you or other Registered Users or other content providers which is made available through our system.
B. Website Content
1. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of Vessel.market or any Content, or in any way reproduce or circumvent the navigational structure or presentation of Vessel.market or any Content, to obtain or attempt to obtain any materials, documents or information (including but not limited to images, videos, codes, logics, process, methodology) through any means not purposely made available through Vessel.market. We reserve our right to bar any such activity.
2. Further, You shall not use Vessel.market logo, name or any branding on any other platform, blog or any publishing without express written consent from Vessel.market.
A. Registered User Representations and Warranties. All Registered Users represent, warrant, and agree:
B. Warranty Disclaimer. The services provided by vessel. Market or our third-party service providers are provided “as is,” as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). We make no representations or warranties, of any kind, either express or implied, as to the quality, identity or reliability of any third party, or as to the accuracy of the vessel listings made on the website by any third party. Some states and jurisdictions do not allow for all the foregoing limitations on implied warranties, so to that extent, if any, some or all of the above limitations may not apply to you.
C. Limitation of Liability. In no event shall we or our third-party service providers be liable to you or any other registered user for any special, indirect, consequential, incidental or punitive damages pursuant to this agreement, including but not limited to, loss of profits, loss of business opportunities or loss of goodwill, even if advised of the possibility of such damages. Notwithstanding any other provision of this agreement, in no event will our liability to you for any action or claim related to the website services provided under these terms of service, whether based on contract, tort, negligence or any other theory of liability, exceed the greater of: (a) usd 2 or (b) the aggregate amount of monies actually collected by us from you for the services to which the liability relates during the six (6) month period immediately preceding the determination of such liability.
D. Indemnity. You agree to defend, hold harmless and indemnify Vessel.market from and against any and all losses, costs, expenses, damages or other liabilities incurred by Vessel.market from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against Vessel.market: (1) in connection with your use of the Services including any payment obligations incurred through use of the Vessel Listing Services; or (2) resulting from: (a) your use of the Website (b) your decision to supply personal financial information; (c) your decision to submit postings and accept offers from other Registered Users; (d) any breach of contract or other claims made by Registered Users with which you conducted business through the Website; (e) your breach of any provision of these Terms of Service; (f) any liability arising from the tax treatment of payments or any portion thereof; (g) any negligent or intentional wrongdoing by any Registered User; (h) any act or omission of yours with respect to the payment of fees to any Seller; (i) your dispute of or failure to pay any Invoice or any other Payment; or (j) your obligations to a Seller. Any such indemnification shall be conditioned on our: (i) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (ii) cooperating with you in the defense or settlement thereof; and (iii) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
E. Links. The Website may contain links to third-party web sites not under the control or operation of Vessel.market. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.
F. Data. You are responsible for creation, storage, and backup of your business records. These Terms of Service and any registration for or subsequent use of this Website will not be construed as creating any responsibility on Vessel.market’s part to store, backup, retain, or grant access to any information or data for any period.
A. Compliance with Law. You are responsible for compliance with applicable Laws of India, and international laws, regulation and treaties, keeping in mind that access to the contents of this Website may not be legal for or by certain persons or in certain countries.
B. Modification and Waiver. Vessel.market will not be considered to have modified or waived any of our rights or remedies under these Terms of Service unless the modification or waiver is in writing and signed by an authorized representative of Vessel.market. No delay or omission by Vessel.market in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.
C. Severability. If any part of these Terms of Service is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.
D. Assignment or Transfer. You will not transfer, assign or delegate your rights or obligations (including your Account) under these Terms of Service to anyone without the express written permission of Vessel.market, and any attempt to do so will be null and void. Vessel.market may assign these Terms of Service in its sole discretion.
E. Please feel free to contact Vessel.market to resolve a complaint regarding any aspect of service relating to the Website by writing to the above address, or contact us at hello@Vessel.market.
F. Force Majeure. Except for the payment of fees to Vessel.market by You, neither of the parties to these Terms of Service shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
G. Integration. These Terms of Service and all documents referenced in these Terms of Service (including the policies listed and available by hyperlink) comprise the entire agreement between you and Vessel.market with respect to the use of this Website and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Website that link to or are linked from the Website.
j. Listing. Vessel.market will email sellers periodically to check the sale status of each vessel listing. If the seller confirms that the vessel continues to be available for sale, the listing will continue for another pre-defined period. If Vessel.Market does not receive a response from the seller confirming that the vessel is still available for sale, the listing will be removed. If the vessel listed is sold, Vessel.Market retains the right to continue to list the vessel however, marking it as sold.