Terms and Conditions

Acceptance of Terms. These Terms and Conditions, including all policies referred to herein (these "Terms and Conditions" or the "Agreement"), apply to (a) your use of or access to the Site, including any content, functionality, and services offered and (b) your purchase of our products on or through the Site. Please review these Terms and Conditions carefully before accessing or using the Site.

By accessing or using our Site (or by clicking to accept or agree to these Terms and Conditions when this option is made available to you), (i) you are agreeing to these Terms and Conditions, which may be updated, modified and amended by us from time to time without prior notice, and your continued use or access of the Website following the posting of any updated Terms and Conditions, shall be considered as your acceptance of the updated version of these Terms and Conditions; and (ii) you represent and warrant that (1) you are of legal age under the laws of the country/state where you reside and have full legal capacity to legally agree to these Terms and Conditions; and (2) you have read, fully understand and agree to be bound by the updated version of these Terms and Conditions; and (3) you will use the Site in accordance with applicable law. If you do not accept these Terms and Conditions, or do not meet all of these requirements, you should discontinue your use of our Site.

Use of the Website. The Website is provided to you for your use subject to these Terms and Conditions. By using the Website, you agree to be bound by (i) the Agreement (in particular, these Terms and Conditions). Although we will normally only refuse use of the Website if these Terms and Conditions are violated, we reserve the right to refuse use of the Website to anyone for any reason at any time.

Your use of the Website. You may not use the Website for any of the following purposes:

• disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
• transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practices;
• interfering with any other person's use or enjoyment of the Website; or
• making, transmitting or storing electronic copies of materials protected by copyright without permission of the owner.

 

You will be responsible for our losses and costs resulting from your breach of this provision.

Your Content on the Website. You are entirely responsible for the content (the "Content") that you submit, post and display on the Website, and any harm resulting from the submission, posting and display of the contents on the Website. These include, without limitation, posting material to the Website, posting links on the Website, commenting on the Website or otherwise making (or allowing any third party to make) material available via the Website. That is the case regardless of whether the Content constitutes data, text, files, information, images, screen names, graphics, photos, profiles, audio files, video files, audiovisual combinations, interactive features, musical works, works of authorship, applications, links, codes, scripts, computer software or other material. The Content that you upload to the Website can be removed by our system without prior communication includes but not limited to the following reasons:

• The proprietary rights, including but not limited to the copyright, patent, trademark, trade secret rights and other intellectual property rights of any third party in the Content are infringed by the copying, downloading and use of the Content;
• If the intellectual property rights or proprietary rights of the Contents belong to your employer, you do not have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• Any third-party licenses relating to the Content has not been fully complied with and successfully pass through to end users under any required terms and all royalties, fees and other monies owing to other persons and relating to the use of the Content must have not been fully and duly settled;
• The Content violates the privacy or publicity rights of any third party;
• The Content contains the naked body or intimate parts of a real person;
• The Content includes any bugs, viruses, worms, malware, trojan horses or other harmful or destructive content;
• The Content is a spam, is machine- or randomly-generated, and contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• The Content contains any pornographic material, profanity language, threats or material which incites aggression towards individuals or entities and/or spreading violence/hatred, and does not infringe;
• Or any other reasons that the Company finds the Content inappropriate.

 

Our right to use Your Content on Website. We do NOT claim ANY ownership rights in the Content that you submit, post and display on or via the Website. By submitting, posting and displaying any Content on or via the Website, you hereby grant to us a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, adapt, delete from, add to, publicly perform, publicly display, reproduce, transmit, store, translate, publish, broadcast, distribute, sell or otherwise exploit such Content, including without limitation, the adaptation, reproduction and distribution of part or all of the Content in any media formats through any media channels.

Your Payment / Orders on the Website. The orders placed on the Website are subjecting to being charged with import fees, taxes, custom duties, related package handling fees and/or any other relevant charges required by the corresponding designated country and/or the organization(s) that handle(s) the shipment / delivery of the orders. None of these charges are included in the price that you pay on the Website. Items cannot be sent as gifts, and your purchase may or may not have these charges, depending on the policies of the designated country and/or the organization(s) that handle(s) the package. If any of the said charges apply, you may need to pay for them to the respective collection authority in advance of receiving your purchase. You should check with any related authority of your country (or the designated country of the order) for any charges required to receive the goods you order from Simmering Ships. Simmering Ships is not responsible for any of these charges, and would not refund on item(s) returned to us due to unaccepted / undelivered and/or any other reasons unless otherwise agreed with Simmering Ships in advance.

 

Shipping / Delivery of Your Order. The delivery type "Standard Shipping" is done via international registered articles while the type "Express Shipping" is sent via various courier services such as but not limited to FedEx, DHL Express.

The way the package is presented to the recipient will depend on the postal service provided in the designated country. Most of the time packages are delivered by postman to the address and require the recipient to sign to receive the package. However, this may not be applicable to some countries or particular areas in the country and recipients may sometimes be required to pick up the package from the postal service's office. Please contact the national postal service of your country to check the way packages are delivered.

Since shipping is often affected by the processing time of the Customs and delivery standard in the destination country, the estimated delivery date indicated on the Web site is strictly for reference only and shall not be regarded as a commitment. Simmering Ships does not guarantee orders to be delivered by a particular time, and shall not be liable for any direct / indirect loss caused by delivery issues. If there is a necessity to check the status of the article in the destination country with local postal service, you will need to carry out the enquiry on your own and Simmering Ships will not be responsible for any fees (such as communications) incurred.

Orders may or may not entitle free shipping. For the free shipping offer that Simmering Ships provides, the type of delivery to be adopted will be "Standard Shipping" unless otherwise specified. Free shipping, if offered, will be applicable only to the first shipment of the order. If the first shipment is not received and a re-shipment is required, re-shipment fee will be required in such cases. Reasons for shipment being unable to receive may include but not limited to, wrong recipient information and/or address provided during checkout (which will appear in the order confirmation email), recipient unable to pick up the package from local postal service. Exemptions of re-shipment fee may be granted for situations such as article being lost by the postal service, or the product is found to be defective when received. All shipping fees paid are non-refundable.

Availability of the Website. Although we aim to offer you the best service possible, we make no promise that the services at the Website will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the Website, you should report it and we will attempt to correct the fault as soon as it reasonably can. Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.

Third Party Websites. The Website includes links to other websites and webpages ("Third Party Websites"). We have not reviewed, and cannot review, all of the material made available through the Third-Party Websites to which the Website links and that link to the Website. We do not have any control over the Third-Party Websites, and will not be responsible for their contents, use, privacy policies, or practices. By linking to a Third-Party Website, we do not represent or imply that we endorse such Third-Party Website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. We disclaim any and all responsibility for any harm resulting from your use of the Third-Party Websites.

Intellectual Property. We hereby grant you a limited, revocable, non-sublicensable license to reproduce and display the Simmering Ships Content (excluding any software code) solely for viewing and using the Website. You may not copy, reproduce, make available online or transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any of the Simmering Ships Content without written permission from us or the owner of the intellectual property rights. The Agreement does not transfer to you any of our or the third party's intellectual property rights, and all rights, titles and interests in and to such property will remain (as between the parties) solely with us. Further, the Simmering Ships logo, and all other trademarks, service marks, graphics and logos used in association with Simmering Ships or on the Website are the trademarks or registered trademarks or other intellectual property rights of the Company or our licensors. Other trademarks, service marks, graphics and logos used in association with the Website may be the trademarks or other intellectual property rights of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any of our or third party's trademarks, service marks, graphics and logos.

Copyright Infringement. As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to or from the Website violates your copyright, you are encouraged to notify us. We will use our reasonable endeavors to respond to all such notices, and if required or appropriate, remove the infringing material or disable all links to the infringing material. We may, but has no obligation to end a visitor’s permission to visit and use the Website if, under appropriate conditions, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of the Company or others.

If you believe that your intellectual property rights have been infringed by a user of our service, please provide us with a notification that contains the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Changes. We reserve the right to amend the Agreement (in particular, these Terms and Conditions) from time to time for legal or regulatory reasons or to allow the proper operation of the Website. Any material changes in the Agreement (in particular, these Terms and Conditions) will be notified to you via the email address provided by you on registration or published via a suitable announcement on the Website. The changes will apply to the use of the Website immediately after such notice has been given. What constitutes a material change will be determined at our sole discretion. If you do not wish to accept any of the new Agreement, you must not continue to use the Website. If you continue to use the Website after the positing of the amendments on the Website, your use of the Website constitutes your agreement to be bound by the new Agreement (in particular, the new Terms and Conditions). We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the Agreement (in particular, the Terms and Conditions).

Site Errors. In the event a product is listed on the Website at an incorrect price or with incorrect information, orders for such products will be revised to reflect the correct price or information. We reserve the right to reject any orders placed on the site.

Indemnification. You agree to indemnify and hold harmless, to the fullest extent permitted under the applicable law, the Company, our contractors, licensors and licensees, and our/their respective directors, officers, members, employees and agents from and against any and all claims, demands, disputes, actions, proceedings, causes of action, judgments, damagers, losses, liabilities, costs or expenses (including without limitation, attorneys’ fees and expenses, and all costs and expenses incurred in the recovery of the aforesaid amounts), arising out of your use of the Website, including but not limited to your violation of the Agreement (in particular, the Terms and Conditions).

Disclaimer of Warranties. The Website is provided “as is”. We, our suppliers, licensors and licensees hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of any intellectual property rights, other proprietary rights or statutory requirements. Neither we nor our suppliers, licensors or licensees make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You will download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Simmering Ships's liability. You understand that when using the Website, you will be exposed to content from internet sites or sources outside the Website, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or objectionable, and you agree to waive any legal or equitable rights or remedies you have or may have against us with respect to the aforesaid, and, to the fullest extent permitted under the applicable law, agree to indemnify and hold harmless the Company, our contractors, licensors and licensees, and our/their respective directors, officers, members, employees and agents to the fullest extent allowed by law regarding all matters relating to your use of the Website. Further, if we are in breach of these Terms and Conditions, we will only be responsible for any loss that you suffer as a result to the extent they are a foreseeable consequence to both we and you at the time you use the Website. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption, but shall not limit or affect our liability resulting from any products sold through the Website being found to be unsafe or if something we do negligently causes death or personal injury.

Limitation of Liability. To the fullest extent permitted under the applicable law, in no event will the Company, our contractors, licensors and licensees, and our/their respective directors, officers, members, employees and agents be liable with respect to any subject matter of the Agreement (in particular, the Terms and Conditions) under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental, punitive losses or expenses or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid to us by you during the twelve (12) month period prior to the accrual of the cause of action. We shall have no liability for any failure or delay due to matters beyond our reasonable control.

Advertising and Sponsorship. Part of the Website may contain advertising and sponsorship material. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with the relevant law. We will not be responsible to you for any error or inaccuracy in advertising or sponsorship material posted on the Website.

International Use. We make no promise that material on the Website is appropriate or available for use in locations outside USA. Access to the Website from locations where its contents are by law illegal or unlawful is prohibited. If you choose to access the Website from locations outside USA, you do so on your own initiative and you will be entirely responsible for compliance with local laws.

No partnership. We and you shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of the Company, express or implied, and you shall not attempt to bind us to any contract.

General Representation and Warranty. You represent and warrant that your use of the Website will be in strict accordance with our privacy policy, the Agreement (in particular, these Terms and Conditions) and all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including.

Miscellaneous. The Agreement, including these Terms and Conditions, shall constitute the entire agreement between we and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of the Company, or by the posting on the Website of a revised version. Except to the extent the applicable law, if any, provides otherwise, the Agreement, any access to or use of the Website will be governed by the laws of USA, and the parties agree to submit to the non-exclusive jurisdiction of the USA courts. If any part of the Agreement is held invalid or unenforceable, it will be severed and the remaining portions will remain in full force and effect. A waiver by either party of any of these Terms or Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by the Agreement. We may assign our rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.