Terms of Use

Terms of Use Website

General use

Use of and access to the SeaLead website (www.sea-lead.com) (the “website”) is subject to the below terms. Unless expressly agreed in writing, SeaLead does not recognize any conflicting terms or conditions.

These Terms do not constitute a contract of carriage and except where otherwise expressly stated herein, shall not affect, or form part of, the terms of any contract of carriage with SeaLead.

Scope

These Terms of Use govern Your use of the website, and all Services available throughout the website. Certain areas of the website are restricted to customers or potential customers of SeaLead. The use of these areas may be subject to additional terms and conditions (“Terms of Transport”) posted elsewhere on this website. The Terms of Transport are displayed on the page where these services are offered.

Definitions

“SeaLead” or “We” means SeaLead, its subsidiaries and affiliates.

“Website” means the www.sea-lead.com website and other websites owned and operated by SeaLead, and the Content, Marks, and Services available on the website.

“Content” means the information, graphics, products, and features that are available on the website.

“Mark” means trademark, trade name, service mark, trade dress, custom graphics, or icons.

“Services” means the software, applications, and other services that are available on the website.

“You” and “Your” refer to any individual accessing the website and/or its password-protected areas, as well as any company on whose behalf the individual is accessing the website.

The terms “website”, “Marks”, “Content” and “Services” do not include third parties’ websites, trademarks, service marks, trade names, information, graphics, products, features, software, application or other services that are provided by third parties and that are available through a link from the website. The use of these other items is subject to the terms set forth by their respective owners or operators on the third party websites.

Website use and access

By accessing this website and/or any of its subsites, You accept that You may only use the Website for the purposes for which it was created, i.e. for accessing general or specific information regarding

SeaLead and/or its services in accordance with SeaLead’s Terms of Use as displayed on the Website at the time of use.

You are prohibited from using the Website for any purpose other than the purposes for which it was created (“Prohibited Uses”).

Prohibited Uses include, but are not limited to, the following:

Use of the Website in a way that violates applicable laws and/or the rights (including, without limitation, intellectual property rights) of SeaLead or others;
Uploading, transferring and/or disseminating files or information that are capable of damaging or compromising the computer software or hardware of SeaLead or others;
Use of screen scraping and/or data scraping technologies - e.g. to create lists of voyage dates, fare information, Internet keywords, URLs and other information - in a way that circumvents technical safeguards (IP blocks and/or CAPTCHA);
Deployment or attempted deployment of software or other processes that disrupt the proper functioning of the Website or disrupt other activities undertaken in connection with the Website;
Executing a function on the Website in a way that results in disproportionately or uneconomically high loads being placed on the infrastructure of the Website;
Disrupting the Website’s connection to the server and/or to network, or disregarding the requirements, processes, recognized principles and protocols of networks to which the Website is connected;
Disclosing passwords to non-public areas of the Website to unauthorized third parties or using such passwords in an unauthorized manner;
Use of search engines, software, tools, agents or other automated processes, including, without limitation, browsers, spiders, crawlers, searchbots, avatars and intelligent agents, in a way that circumvents technical safeguards (IP blocks and/or CAPTCHA) so as to search and use the website (a) in a manner other than that prescribed by SeaLead or (b) by means other than commonly available browsers (e.g. Internet Explorer, Firefox, Chrome);
Attempting to decrypt, disassemble, decompile or reverse engineer software that constitutes the Website or parts of the Website;
Displaying content from the Website in the form of frames on other websites;
Collecting or storing personal data pertaining to other users of this Website and/or to employees of SeaLead;
Website or parts of it without first obtaining SeaLead’s express permission, especially by trying to circumvent technical safeguards;
Gaining access to data that are not intended for You personally, scanning or testing the vulnerability of the system or network without express permission, or bypassing authentication levels or breaking security protocols without express permission; and
Disrupting or in any way impairing the Website’s connection to the client, host or network using means such as, but not limited to, viruses, overloading, flooding, spamming, mail bombing or crashing

In addition to any other rights it may have under applicable laws, SeaLead reserves the right in its sole discretion to block Your access to this Website permanently or temporarily if You engage in any Prohibited Uses.

In addition, SeaLead may, at its sole discretion, (a) remove from the Website any material relating to Prohibited Uses, (b) take legal action against You in order to recover any and all damages (including reputational damages and legal and administrative costs) incurred as a result of Prohibited Uses engaged in by You, (c) require You, where applicable, to sign a legal undertaking to cease and desist from Prohibited Uses, (d) forward to criminal prosecution and other public authorities any information it deems relevant for the due enforcement of applicable laws, and/or (e) take any other action it deems appropriate to mitigate its losses and to safeguard the Website against Prohibited Uses both now and in the future.

Compliance With Laws; Restrictions

You agree to use the Website in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not negatively reflect on the goodwill or reputation of SeaLead. In addition to other restrictions set forth in these Terms of Use, You agree that You will not:

Present false information about SeaLead or its services
Imply in any fashion that SeaLead is endorsing Your products or services
Use or access the Website in any way that, in SeaLead’s judgment, adversely affects the performance or function of the website, or any other computer systems or networks used by SeaLead, other website users, or SeaLead clients.
Upload or transmit to the website any information that contains viruses, Trojan horses, worms, time bombs or other computer programming routines that may damage, interfere with, intercept or appropriate any system or the Website, or that infringes the rights of a third party;
Disguise the origin of information transmitted through the website;
Place false or misleading information on the website.

Copyright

All copyright and other intellectual property rights in the design and content of this Website are and will remain the property of SeaLead. You are permitted to download the website or parts of it only for personal use. Excepted from this are specific instances in which we expressly direct or enable You to make commercial use of the Website (e.g. if we direct You to download specific forms or information). All other commercial uses, including duplication, modification and, in particular, dissemination in return for payment (on-selling), are prohibited.

Links

Where we refer via links or hyperlinks to other websites or web pages, we assume no liability or responsibility for the privacy policies or the content of those pages. The links are provided solely for information or advertising purposes and in no way give rise to any legally binding obligations on the part of SeaLead.

No liability for erroneous information

While the information provided via the Website is accurate and correct to the best of SeaLead’s knowledge, it may nevertheless contain errors and inaccuracies. The information is provided “AS IS,” and SeaLead makes no representations and gives no warranties, express or implied, as to its correctness or completeness. SeaLead therefore accepts no liability for any errors or omissions in the information provided via the Website or for any consequences arising from the use of the information provided via the Website. Arrangements contrary to or inconsistent with this exclusion of liability are valid only if they are expressly agreed in writing between SeaLead and You or if SeaLead demonstrates a manifest intention to vouch for the correctness of the information.

Modifications to terms of use

We may revise and update the Terms of Use and Privacy Policy at any time, and will post a notice to this effect on the first page of the website. Your subsequent use of the website after any changes of these Terms will mean that you accept these changes and modifications.

Termination

SeaLead, in its sole discretion, may block, terminate, or suspend Your use of the website at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such termination or suspension, You must immediately discontinue use of the website, and destroy any copy you have made of any portion of the website. Accessing the website after such termination, suspension, or discontinuation shall constitute an act of trespass. SeaLead shall not be liable to You or any third party for such suspension or termination.

Access to password-protected pages

Access to and use of password-protected areas of this Website are limited to authorized individuals. You are responsible for keeping Your password confidential and should not share it with anyone. To reduce the risk of unauthorized access, regularly update Your password.

If Your password or any information regarding Your shipments with SeaLead is disclosed to third parties, You must promptly notify SeaLead. You also agree to defend, indemnify, and hold SeaLead harmless from any claims, liabilities, losses, damages, or expenses, including attorney’s fees, arising from such disclosure or any subsequent misuse, alteration, misappropriation, or fraudulent use of the password or information.

Provision of eServices.

SeaLead will make commercially reasonable efforts to ensure the availability of the eServices. If the eServices are unavailable due to SeaLead’s failure to meet its obligations under these Terms, SeaLead will, considering the cost, time, and impact on other users, attempt to resolve the issue. SeaLead reserves the right to modify the scope of eServices or the information and materials provided at any time. If the eServices, or any part of them, become unavailable or if You are dissatisfied with the eServices for any reason, Your sole remedy is to immediately stop using the eServices or the affected portion and notify SeaLead of Your termination.

Disclaimer

The Content and Services are provided without any warranties or representations to their quality, accuracy, completeness, or timeliness. SeaLead assumes no liability or responsibility for any errors or omissions in the Content or Services. SeaLead makes all reasonable attempts to exclude viruses from this website, but cannot ensure that the website is at all times free from viruses or other destructive software. Please take appropriate safeguards before downloading information from this website. SeaLead assumes no responsibility, and shall not be liable for, any damage caused by computer viruses that may infect Your computer equipment or other property, resulting from use of the website, or downloading of anything from the website.

Disclaimer of warranties

The Website is provided “as is.” SeaLead, its licensors, and its suppliers, disclaim all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third parties’ rights. Some jurisdictions do not allow limitations on implied warranty. Therefore, the limitations and exclusions in this section may not apply to You. If You are dealing as a consumer, Your statutory rights that cannot be waived, if any, are not affected by these provisions. You agree and acknowledge that the limitations and exclusions of liability and warranty provided in these Terms of Use are fair and reasonable.

Limitation of damages

Use of this website is at Your sole risk. In no event will SeaLead be liable to You or any person or entity claiming through You, for any direct, indirect, incidental, special, consequential damages or other damages arising out of, or resulting from, the use of, or inability to use this website, including, without limitation, lost profits, lost revenues, or damages resulting from lost programs or data, business interruption, or otherwise, whether such liability is based on contract, warranty, tort, or other theory, and whether or not SeaLead has been advised of the possibility of such damages.

Limitation of liability

If, notwithstanding the foregoing, SeaLead is found responsible to You, or anyone claiming through You, for any damages, its liability shall be limited to $100 in the aggregate.

Indemnification

You hereby release and agree to indemnify and hold harmless SeaLead and its officers, directors, employees and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable attorney’s fees, arising out of Your use of the website.

Applicable law/place of jurisdiction

Your use of the Website is governed by the laws of Singapore. Exclusive jurisdiction to hear all disputes between You and SeaLead arising in relation to or under these Terms of Use or in relation to or under any agreement concluded under these Terms of Use rests with the competent courts of territorial jurisdiction in Singapore.