1. Use of the Sealand Americas Website
1.1 These terms apply only to those parts of the https://www.sealandmaersk.com website which do not require a digital certificate or other security device or measure for access; references to “website” below shall be construed accordingly.
1.2 This website is made available by Maersk A/S trading as Sealand Americas (“Sealand Americas”). Any party accessing or browsing this website or downloading or using any information, data, text, images, video or audio or any other materials available from Sealand Americas via or generated on, posted or uploaded to the website (“Content”) or otherwise requesting, using or receiving any services or facilities (“Services”) via the website (“User”) may only do so subject to:
(1) the terms and conditions set out below;
(2) any additional instructions, terms or conditions on the website that apply to particular Content or Services which the User uses (such additional instructions, terms and conditions to prevail over the terms and conditions below to the extent of any inconsistency); and
together referred to as the “General Website Terms”.
Access to or use of this website or any Content or Services available via it shall be deemed to constitute acceptance by the User of, and agreement by the User to, the General Website Terms.
1.3 If the User accesses the website or receives or uses Content or Services on behalf of any other party (including any body corporate), that party shall also be bound by the General Website Terms as if that party were a User. The User warrants and represents that he is authorised by any such party to bind that party to the General Website Terms.
2. Status of General Website Terms
2.1 The General Website Terms shall not affect, or form part of, the terms of any contract of carriage with Sealand Americas.
3. Intellectual Property Rights
3.1 Ownership of all copyrights, database rights, patents, trade or service marks, product names or design rights (whether registered or unregistered), trade secrets and confidential information and any similar rights existing in any territory now or in future (“Intellectual Property Rights”) and similar rights and interests in all domain names, trade marks, logos, branding appearing on the website and all Content, or otherwise relating to the structure of the website and the Services offered by Sealand Americas via the website, vests in Sealand Americas or its licensors.
3.2 The User may use this website and the Content and Services available via the website only for the purposes reasonably anticipated on this website or as otherwise might reasonably be expected in the course of his relationship with Sealand Americas and in accordance with any procedures from time to time in force on the website. The User may not access any areas of the website to which access is indicated to be restricted unless the User has obtained appropriate authorisation and any relevant access device (such as a digital certificate) from Sealand Americas. The User may not:
(i) use or permit any other party to use all or any part of the website, Content or Services in connection with activities that breach any relevant laws, infringe any third party’s rights, or breach any applicable standards, content requirements or codes;
(ii) post to, upload to, temporarily store on (if such facility is provided) or transmit through, the website any information, materials or content that might be or might encourage conduct that might be unlawful, threatening, abusive, defamatory, obscene, vulgar, discriminatory, pornographic, profane or indecent; or
(iii) use the website for the purpose of or as a means to send ‘flame’ or ‘spam’ emails.
3.3 The User shall procure the waiver of any moral rights in any information, data or other content or materials posted or uploaded by the User to the website (“User Materials”). The User hereby irrevocably authorises Sealand Americas and its licensees to use any User Materials for all reasonable business purposes, including without limitation copying, amending, incorporating in other materials, publishing or otherwise providing to third parties (and permitting such third parties to use and sublicense the User Materials) anywhere in the world any such User Materials. The User agrees to take any steps (including completing any further document) that may be required in any jurisdiction to give effect to this clause.
3.4 Sealand Americas does not warrant or represent that the User’s or any other party’s use of the Content or the Services available via the website will not infringe rights of third parties.
4.1 Sealand Americas will use reasonable endeavours to ensure that the Content accurately reflects either:
(i) the relevant part of Sealand Americas' records held on Sealand Americas' computer systems or
(ii) information received from a party other than Sealand Americas. Sealand Americas does not warrant that the Content is accurate, sufficient, error free, complete or up to date at the time it is accessed. The User should make further enquiries to satisfy himself of the accuracy and completeness of any Content before relying on it. Certain Content may be labelled as indicative only, in which case Sealand Americas makes no warranties at all in relation to its quality, accuracy, completeness or timeliness.
4.2 Except as set out in the General Website Terms, Sealand Americas shall have no liability whatsoever for breach of any implied warranty, term or condition that might otherwise apply including (without limitation) in relation to the operation, quality or fitness for purpose of the website or any Content, User Materials or Service, or the use of reasonable skill and care.
4.3 The User is responsible for the accuracy and completeness of any User Materials. The User shall ensure the User Materials do not infringe any Intellectual Property Right or other right of any third party and are not defamatory, unlawful, immoral or otherwise likely to breach or infringe any right or requirement or to give rise to any claim for loss or damage by any third party. The User shall indemnify and hold harmless Sealand Americas and its affiliates, associates and agents against any claims, losses, actions, proceedings, damage or other liabilities whatsoever (including damages or compensation paid by Sealand Americas to compromise or settle a claim), and all legal costs or other expenses, suffered by Sealand Americas or its affiliates and associates as a result of any actual or potential breach by the User of its obligations under this clause 4.3.
5. Hyperlinked Websites
5.1 The website may contain certain links or references to websites operated by third parties. Sealand Americas makes no warranties or representations whatsoever regarding any third party website which the User may access through this website or which the User may use or access to enable access to or use of this website and any of its Content or Services. Any such website is wholly separate and independent from this website and Sealand Americas does not have any control over the content or operation of such website. Sealand Americas does not endorse any third party website, and does not accept any responsibility for the existence, operation, content or use of such website.
5.2 A User may place hyperlinks to any unrestricted area of this website provided that the User complies with the following terms or any other terms posted on the website from time to time. The User:
(i) may link to, but may not, unless with Sealand Americas' prior written agreement, replicate in any way any Content appearing on the website;
(ii) may not create a border environment or browser around or otherwise frame any Content or create any impression that the Content is supplied or owned by any party other than Sealand Americas;
(iii) may not present misleading or false information about Sealand Americas, its services or Content;
(iv) may not misrepresent Sealand Americas' relationship with the linking User (or any third party);
(v) may not create any implication or inference that Sealand Americas endorses the linking User or its services (or any third party);
(vi) may not use or reproduce Sealand Americas' logo, trade marks or name;
(vii) may not provide or display any content that could be construed as obscene, libellous, defamatory, distasteful, offensive, discriminatory, pornographic or inappropriate in any other way;
(viii) may not display or provide materials, content or anything else that might violate any laws of any jurisdiction or infringe any Intellectual Property Right; and (ix) must clearly indicate that the Sealand Americas website is operated by Sealand Americas and is not controlled by or otherwise associated or connected with the linked website, and that Sealand Americas' terms and conditions apply in relation to any use of the Sealand Americas website.
5.3 Any User must immediately on request remove any link placed on or to any area of this website. The User shall not permit any third party aggregator of information to access or retrieve information from this website on the User’s behalf. The User may not in any way run software programs, scripts, macros or similar materials against or in relation to any part of the website as these could endanger, compromise or hamper the stability and operation of the website or infringe rights in or relating to the website or any materials appearing on it.
6.1 The User agrees to comply with any reasonable instructions Sealand Americas may issue regarding the website’s security.
6.2 The User must ensure that he does not do anything during or after any access to or use of the website, Content or Services which might result in the security of the website, or the systems or security of Sealand Americas or any other users of the website, or any Sealand Americas customers or associated or affiliated companies, being compromised.
6.3 Both the User and Sealand Americas shall each take all reasonable precautions to ensure that communications through the website and its own systems are not affected by computer viruses or other destructive or disruptive components, and to ensure no such components are transmitted to or via Sealand Americas or the website.
7.1 The total liability of Sealand Americas, its affiliates, associates and agents to the User and any person acting on the User’s behalf, howsoever arising out of or in connection with the General Website Terms and/or the website, Services or Content (including in relation to negligence) shall, in aggregate, in respect of any claim, or series of connected claims arising out of the same cause in any calendar year, not exceed USD 500 (United States Dollars Five Hundred).
7.2 The User shall ensure that no claims for more than the aggregate limit of liability set out in clause 7.1 are brought against Sealand Americas, its affiliates, associates or agents.
7.3 The User is advised to obtain, if he considers appropriate, insurance cover at his cost, in particular for any loss exceeding the limit set out in clause 7.1 above.
7.4 Nothing in the General Website Terms shall exclude liability for death or personal injury resulting from negligence or for fraud on the part of Sealand Americas.
7.5 Except as set out in the General Website Terms, Sealand Americas, its affiliates, associates and agents shall have no liability whatsoever in respect of the use of the Content, Services or website, howsoever arising.
8.1 Use of this website or of the Content or Services may be subject to certain legal or regulatory requirements in particular jurisdictions. The User may only access or use the website, Content or Services to the extent such access or use is permitted in the jurisdiction in which he accesses or uses the website, Content or Services.
8.2 Sealand Americas will not be liable for any loss (including without limitation loss of profit), damage, delay or failure in performing any of its duties relating to the General Website Terms caused in whole or in part by the action of any government or governmental agency, natural occurrence, law or regulation (or any change in the interpretation thereof), injunction, currency restriction, sanction, exchange control, industrial action (whether involving its staff or not), war, terrorist action, equipment failure, interruption to power supplies or anything whatsoever beyond its reasonable control.
8.3 The General Website Terms supersede all previous agreements, communications, representations and discussions between the parties relating to the website. No party will have a right of action against Sealand Americas arising from any previous agreement, communication, representation and discussion in respect of the website (except in the case of fraudulent misrepresentation), and neither party has relied on any terms, warranties, representations or conditions other than those expressly stated in the General Website Terms. No modification or waiver of the General Website Terms shall be binding on Sealand Americas unless it is in writing and agreed by an authorised representative of Sealand Americas.
8.4 References in the General Website Terms to ‘in writing’ or ‘written’ include communication by email or other electronic form. References in the General Website Terms to the singular include the plural and vice versa.
8.5 Each of the provisions of the General Website Terms is severable from the others and if one or more of them becomes void, illegal or unenforceable, the remainder will not be affected in any way.
8.6 The rights of Sealand Americas under the General Website Terms may be exercised as often as necessary and are cumulative and not exclusive of its rights under any applicable law. Any delay in the exercise or non-exercise of any such right is not a waiver of that right.
8.7 The User may not assign, part with or otherwise transfer any right or benefit under any provision of the General Website Terms without Sealand Americas' prior written consent.
8.8 Subject to clause 2, Sealand Americas may at any time and without notice or liability change, improve or remove any Content or any Services available via the website, or the General Website Terms.
8.9 Sealand Americas may assist or co-operate with authorities in any jurisdiction in relation to any direction or request to disclose personal or other information regarding any User or the use of the website, Content or Services.
8.10 Sealand Americas's affiliates, associates and agents (“Relevant Third Parties”) shall have the benefit of all provisions of the General Website Terms which are expressed to be for their benefit, as well as the law and jurisdiction clause. In entering into the General Website Terms, Sealand Americas does so (to the extent of such provisions) not only on its own behalf but also as agent and trustee for such persons.
8.11 To the extent that clause 8.10 is not effective to give such benefit to any Relevant Third Party, such Relevant Third Party may enforce such provisions in its own name pursuant to the Contracts (Rights of Third Parties) Act 1999. The General Website Terms may be varied or rescinded, by agreement or in accordance with their terms, without the consent of any Relevant Third Party.
8.12 The General Website Terms shall be subject to English law and any dispute, claim, matter of construction or interpretation arising out of or relating to the website, including the General Website Terms, shall be subject to the exclusive jurisdiction of the High Court of Justice in London.
Alternatively, and at Sealand Americas' sole option, Sealand Americas may commence proceedings against the User at a competent court of a place of business of the User.