Terms & Conditions

Acceptance of Terms

PLEASE READ THESE TERMS OF USE THOROUGHLY AND CAREFULLY. THE TERMS AND CONDITIONS SET FORTH BELOW (THE “Terms of Use”) AND THE PRIVACY POLICY (AS DEFINED BELOW) CONSTITUTE A LEGALLY-BINDING AGREEMENT BETWEEN THE COMPANY AND YOU. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of (i) the Company website including the classified advertisements, forums, various email functions and internet links, and all content and the Company services available through the domain and sub-domains of the Company located at www.Shiplifier.com (collectively referred to as the “Platform”); (ii) the online transactions between those users of the Platform who are offering services (each a “Shipping Partners”) and You as a user of the Platform obtaining services (hereinafter referred to as either “You/Your” or as a “Service User”) through the Platform. The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Platform, including users who are also contributors of video content, information, private and public messages, advertisements, and other materials or Services on the Platform. You acknowledge that the Platform serves as a venue for the Services (as defined below) provided by the Company and by using the Platform, these terms and conditions will automatically apply to You. Therefore, make sure that You read them carefully before using the Platform. By using the Platform, You hereby certify that: (1) You are a Service User, (2) You have the authority to enter into these Terms of Use, and (3) You agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. The Platform is owned and operated by the Company. These Terms of Use govern Your access, browsing and usage of the Platform. You acknowledge that the Platform may contain links to other websites which are not operated by us (the “Third Party Sites”). The Company has no control over these Third Party Sites and hereby accept no responsibility for them, thier content or for any loss or damage that may arise from Your use of them. You further acknowledge and accept that Your use of the Third Party Sites will be subject to the provisions, terms and conditions contained within each such Third Party Site.

The Services

This Platform affords the opportunity to use services (the “Services”) which help Service Users in creating and managing shipments (the “Shipment”). The Services shall include:

(a) the account services of the Website;
(b) all software, data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content“);
(c) integration of e-commerce businesses to the Shipping Partners; and
(d) shipment services.

Any new feature added to, or augmenting the Services, is also subject to these Terms of Use. The Company is not responsible for any conduct by You. You hereby release us from any liability related thereto. The Company will not be liable for any claim, injury or damages arising with due to the usage of the Services.

Prohibited products

The following are the types of products that You are prohibited to ship through the Company:

Any product related to illegal activities, or which is prohibited by law in the place of origin, the destination, or any sites through which such product travel;
Any product requiring specific licenses to store or distribute which are including live plants and animals, alcoholic beverages, ammunition & firearms, tobacco, firearms and any kind of weapon, prescription pharmaceuticals or other dangerous drugs, explosive or hazardous products, counterfeit items, unique or one-of-a-kind materials and precious metals in the forms of bullion or reserves.

The Company shall not be liable for any loss, damage, destruction of such prohibited product. The Company shall report any activities pertaining to shipping prohibited items to relevant law enforcement authorities and shipping partners, and in consequence of this Your account shall be suspended.

General Conditions/ Access and Use of the Services

In case You violate or breach any right of the Company, the Company has a right to suspend and delete Your account. Subject to the terms and conditions of these Terms of Use, You may access and use the Services only for lawful purposes. All rights, titles, and interests to the Services and its components will remain with and belong exclusively to the Company. You shall not:
sublicense, resell, rent, lease, transfer, assign, time share or otherwise make the Services available to any third party, without written consent of the Company;
use the Services in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Services or its components or otherwise violates the Company’s Terms of Use; or
modify, adapt or hack the Services to, or otherwise attempt to gain unauthorized access to the Services or its related systems or networks.

You shall comply with any codes of conduct, policies, or other notices the Company provides You or publishes in connection with the Services, and You shall promptly notify the Company if You learn of a security breach related to the Services. You may not tender for shipment any of the prohibited items listed above. You may grant any authorized third parties the right to inspect Your Shipment at any time The Shipment Provider reserve the right to reject or suspend the carriage of any item. You will not use the Services to (or assist another person to):

upload any content that;
infringes any intellectual property or other proprietary rights of any party;
You do not have a right to upload under any law or under contractual or fiduciary relationships;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
poses or creates a privacy or security risk to any person;
is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or
in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose the Company or its users to any harm or liability of any type;
interfere with or disrupt the Services or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
violate any applicable local, state, national or international law, or any regulations having the force of law;
impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; and
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.

You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that You upload, post, deliver, provide or otherwise transmit or store in connection with or relating to the Services (“Your Content“). The Company reserves the right to access Your account to respond to Your requests for technical support. By posting Your Content on or through the Services, You hereby do and shall grant the Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub licensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Services and to improve the Company’s products and Services, subject to the terms and conditions of these Terms of Use and the Company’s Privacy Policy. The Company has the right, but not the obligation, to monitor the Services, Content, or Your Content and to disclose Your Content if required to do so by law or any legal entity or government agency or in the good faith belief that such action is necessary to:

comply with a legal obligation;
protect and defend the rights or property of the Company;
act in urgent circumstances to protect the personal safety of users of the Services or the public; and
protect against legal liability.

You further agree that the Company may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. You understand that the operation of the Services, including Your Content, may be unencrypted and involve:

transmissions over various networks;
changes to conform and adapt to technical requirements of connecting networks or devices; and
transmission to the Company’s third party vendors and hosting partners to provide the necessary hardware, software, networking, and related technology required to operate and maintain the Services. Accordingly, You acknowledge that You bear sole responsibility for adequate security, protection, and backup of Your Content. The Company will have no liability to You for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction, or loss of any of Your Content.

You shall be responsible for obtaining and maintaining any equipment and ancillary Services needed to connect to, access or otherwise use the Services, including, without limitation, browsers, modems, hardware, servers, software, operating system, networking, web servers and internet Services (collectively, “Equipment“). You shall be responsible for ensuring that such Equipment is compatible with the Services and complies with all configurations and specifications set forth in the Company’s published policies then in effect. You shall also be responsible for maintaining the security of the Equipment, Your account, passwords (including, but not limited to, administrative and user passwords) and files, and for all uses of Your account or the Equipment with or without Your knowledge or consent. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not be a waiver of that right. You acknowledge that these Terms of Use of Services form is a contract between You and the Company, even though it is electronic and is not physically signed by You and the Company, and it governs Your use of the Services and takes the place of any prior agreements between You and the Company. Subject to the Terms of Use hereof, the Company may (but has no obligation to) provide technical support Services, through email in accordance with our standard practice. The Company might use the consignee’s personal information to send them updates about their packages, gain consignee feedback, and in general any time the Company consider it needed to carry on its Services. In the event that You wish to change any information regarding the Shipment, such as address, items included or other matters, You shall cancel the shipment or edit the shipment through the Company’s platform prior to handing it to the assigned courier. In the event that the Shipment has already been handed over to any shipping company, courier, or mail service (the “Courier”), such changes may not become effective, or the Courier may ask a fee to validate the change.

Eligibility of Use

These Terms of Use form a legally binding a legally binding contract and You confirm, represent and warrant that You are legally entitled to enter this Platform and have attained the minimum age of 18 years. If You are between the ages of 14 and 18, You need to obtain parental consent and supervision in order to use the Platform. The use of and access to this Platform is strictly prohibited in the event the Company has restricted or banned You from the Platform for any reason whatsoever. By browsing through and/or using this Platform, You guarantee and undertake that You meet the eligibility criteria to use the Platform. In the event You are browsing through and/or using the Platform on behalf of a corporate entity, You represent, warrant and undertake that You are authorized to act on behalf of such entity. All references to “You” or “Your”, as applicable, mean the person that accesses, uses, and/or participates in the Platform in any manner. If You use the Platform or open an account on behalf of a corporate entity, You represent and warrant that You have the authority to bind that business and Your acceptance of the Terms of Use will be deemed an acceptance by that corporate entity and “You” and “Your” herein shall refer to that business. To the extent You do not meet the eligibility criteria set herein, may, at the Company sole discretion, restrict or block Your access to and use of the Platform and seek any other remedies legally available to us. The Company further reserve the right to exercise whatever lawful means deem necessary in order to prevent unauthorized access to or use of the Platform. You need not register with the Company to simply visit and view the Platform. To create an account, You must submit Your name, email address and mobile number through the account registration page on the Platform and create a password. You may also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to the Company in providing You with a more customized experience when using the Platform. You shall not access or use the Website if You are a competitor of the Company or if the Company has previously banned You from the Website or closed Your account.

Registration and Generated Content

You must register on the Platform in order to have access to and avail the Services. In order to register, You must provide all required personal data. By using the Platform, You confirm You have expressly consented to such use of Your personal information and will in no way whatsoever bring any claim against us for the use Your information. You agree not to share Your password(s), account information, or account access information to any third party. You are responsible for maintaining the confidentiality of password(s) and account information, and You are responsible for all activities that occur under Your password(s) or account(s) or because of Your access to the account(s). You agree to notify the Company immediately of any unauthorized use of Your account. The Company shall not be liable for any unauthorized use of Your account. You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Platform, including Your profile (the “Profile”), the posting of Your Services (the “Offer”), the posting of Your desired Services (the “Want”), or the posting of any opinions or reviews in connection with the Platform, the Service, the Shipping Partners, or the Service User (the “Feedback”) (all the foregoing content is sometimes collectively referred to herein as the “Generated Content” and the posting of Generated Content is sometimes referred to as a the “Posting” or as the “Postings”) that:

infringe the copyrights or database rights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any other person or entity;
contain any material which is defamatory of any person or entity;
misrepresents the source of anything You post, including impersonation of another individual or entity or any false or inaccurate biographical information for any Shipment Provider; provides or create links to external sites that violate the Terms of Use; is intended to harm or exploit any individual under the age of 18 (the “Minor”) in any way; is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school;
breach any legal or fiduciary duty owed to a third party, such as a contractual duty or a duty of confidence;
violate any other applicable law, ordinance, rule, regulation or public order;
invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
contains falsehoods or misrepresentations that could damage Company or any third party;
- is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate.

Should the Generated Content have any criminal implications under the valid laws of the United Arab Emirates, the Company reserves the right to submit same to the relevant authorities and to disclose Your identity to any relevant and competent authorities.

No Discrimination

The laws of the United Arab Emirates prohibit any preference, limitation or discrimination based on race, color, religion, sex, ethnic origin, age, caste, doctrine, handicap or other protected class. The Company will not knowingly accept any Posting which is in violation of the law. The Company has the right, in its sole discretion and without prior notice to You; to immediately remove any posting that discriminates or is any way in violation of any law.

Feedback

As a participant in the Platform, You agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback:

threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Services to be provided;
leaving Feedback in order to make the Service Professional or Service User appear better than he or she actually is or was; and
including conditions in an Offer or Want that restrict a Shipping Partners or a Service User from leaving Feedback.

Sanctions for Inappropriate Use of Feedback: If You violate any of the above-referenced rules in connection with leaving Feedback, the Company, in its sole discretion, may take any of the following actions:

cancel or remove Your Feedback or any of Your Postings;
limit Your account privileges;
suspend Your account.

Reporting Inappropriate Use of Feedback: You may contact the Company regarding any inappropriate use of Feedback via-email at info@shiplifier.com Resolving Disputes in Connection with Feedback: In the event of any dispute between users of the Platform concerning Feedback, the Company shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE PLATFORM CONCERNING FEEDBACK, THE COMPANY HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFROM The foregoing lists of prohibitions provide examples and are not complete or exclusive. The Company reserves the right to (a) terminate Your access to Your Account, Your ability to post to this Platform (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that Company determines is inappropriate or disruptive to this Platform or to any other user of this Platform and/or Services.The Company reserves the right to restrict the number of e-mails or other messages that You are allowed to send to other users to a number that Company deems appropriate in the Company’s sole discretion. The Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Company’s discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Platform or on the Internet. The Company does not and cannot review every Posting posted to the Platform. These prohibitions do not require the Company to monitor, police or remove any Postings or other information submitted by You or any other user.

User ID & Payment Information

You must use Your true and accurate name when signing up on the Platform (the “User ID”). You are required to select a suitable and non-offensive User ID. Ideally, the user ID You choose will be a reasonable name that clearly identifies You. The Company reserve the right to remove or reclaim any User ID if the Company believe, in the Company’s sole discretion, the User ID is inappropriate, offensive or confusing or potentially violates the rights of a third party (such as when a trademark owner provides notice that a User ID is similar to the trademark and the User ID does not closely relate to Your actual name or trademark rights). You may be required to provide Your credit card or bank account information to us in order to make all payments for Services provided by the Shipping Partners. As a condition to us enabling payment processing services, You agree to provide accurate and complete information about Yourself, and You authorize us to share such information for use of payment to the Shipping Partners for their Services.

License to Use

Subject to these Terms of Use and Your compliance with the same, the Company hereby grants You a non-exclusive, revocable license to use the Platform as set forth in the Terms of Use; provided, however, that:

You will not copy, distribute, or make derivative works of the Platform in any medium, whether online or offline, without the Company’s prior written consent;
You will not alter or modify any part of the Platform other than as may be reasonably necessary to use the Platform for its intended purposes; and
You will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.

You hereby grant us an irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to, to use, copy, sublicense, modify, sell, publically display, publicly perform, transmit, broadcast, stream and otherwise exploit Generated Content through or by means of the Platform. You acknowledge that You are solely responsible for all Generated Content that You make available through the Platform. Accordingly You represent that:

You either are the sole and exclusive owner of all Generated Content that You make available through the Platform or You have all the necessary rights, licenses, consents and releases that are required to be granted to us; and
uploading, posting, publication, submission or transmittal of the Generated Content, or the Company’s use of the Generated Content (or any portion thereof) on, through or by means of the Platform will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Prices & Payment

The Services of the Company are paid through both a monthly a subscription fee (the “Subscription Fee>”) subject to the plan you choose and, by charging Your account with credits (the “Credit Fees”). The Subscription Fee will be automatically deducted every month from your registered payment method and allows you to be have access preferred rates provided by the Platform. The Credit Fees may be used by You to purchase the Services on the Platform. When the Credit Fees are depleted, You may top them up or subject to your agreement, automatically be topped up. All prices and payments for the Services shall be in United Arab Emirates Dirhams. Should you choose to pay with any other currency, we have the right to charge the exchange rate given to us by our bank on the date of the payment. The Company hereby accept payment in advance for the Services by way of Visa, Mastercard or PayPal so long as the payment is made in an accepted currency over the Company’s payment gateway. The prices for the Services are displayed on the Platform and may vary from time to time upon exclusive decision of the Shipping Partners. You acknowledge that the Company is not responsible nor liable whatsoever for the payment gateway and shall not under any circumstances whatsoever file a claim against the Company for the Services or the payment gateway. The Platform contains details of the Services being provided by the Shipping Partners and it is possible that some of the prices and other information shown by the Shipping Partners for certain Services are incorrect/not updated as same solely the responsibility of the Shipping Partners. We are a mobile application and therefore not a bank, credit union, payment processor or any other financial institution. All payments are completed through third party payment gateways. You authorize the Company to process your payment for the Services provided using the payment information you have supplied. The Company shall endeavor to ensure that the payments for the Services are available and functioning at all times, but cannot guarantee continuous and uninterrupted access to such payment gateway as same is owned and operated by third parties. Access to the payment gateway may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. The Company will attempt to provide reasonable notice of any scheduled interruptions to such payment gateway and will use the Company’s best efforts to secure the restoration of the payment gateway as soon as practically possible.

Cancellation & Refunds

Once You register on the Platform You can use the Company’s search engine to locate the Shipping Partner on the basis of Your given inputs (e.g. location, services provided, rating, etc). You will have two (2) weeks of free trial. If You wish to cancel the Your subscription of the Company, You are required to contact us immediately at info@shiplifier.com and provide us with the original email acknowledgment receipt of the Services and Your account information. You will not be refunded for the cancellation of the Service.

Rules for Service Users

Service Users shall not take any of the following actions:

Commit to purchasing or using a Services without paying;
Sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with Your use of or payment for the Services;
Agree to purchase Services when You do not meet the Shipping Partner’s terms as outlined in the Posting, or agree to purchase Services with the intention of disrupting a Posting; and
M isuse any options made available now or in the future by the Company in connection with the use or purchase of any Service.

If a Service User violates any of the above referenced rules in connection with his or her Posting, the Company, in its sole discretion, may take any of the following actions:

cancel the Posting;
limit the Service User’s Account privileges; and
suspend the Service User’s Account.

Maintenance

The Company will do it’s best to have the Platform up and running for the whole year, with the exceptions for: (i) scheduled system maintenance (notice of same to be provided by us as soon as practical); and (ii) emergency maintenance which might occur from time to time.

Communications

You consent to receive communications, including commercial communications (whether by phone, email or text) from us and third party partners, including without limitation, brands. You acknowledge and agree that Your primary phone numbers and email addresses and other information may be used for the purpose of initiating commercial messages. Your consent to receipt of such messages is not, and will not be, a condition to any purchase. If at any time You change Your mind regarding Your consent to such messages, You must contact us. You may opt out of receiving messages that are primarily commercial in nature.

Shipping Partners & Third Party Content

The Platform will contain advertising submitted by the Shipping Partners and/or third parties. The Shipping Partners and the third parties are solely responsible for the content of such advertising and for ensuring that it complies with all relevant legislation and regulations of the United Arab Emirates. The Platform may also contain links to the Shipping Partners and/or third party’s websites. Should You decide to click on such links and visit such websites You do so at Your own risk. Under no circumstances are the Company in any way affiliated, associated or endorsing such websites.

Taxes

You acknowledge and agree that all fees, charges and any other rates or amounts charged by the Company to You hereunder are exclusive of any applicable value added, sales/use or goods and Services’ taxes (the “Transaction Taxes”) which may be levied in connection with the supply by the Company of the Services to You. Where applicable, You shall be responsible to pay all Transaction Taxes arising in respect of the Fees or other amounts charged by the Company to You.

Others

You are responsible for all applicable Taxes that arise from or because of Your subscription to or purchase of the Company’s Services. To the extent that the Company charges these Taxes, they are calculated using the tax rates that apply based on the billing address You provide to us. If You are not charged Taxes by the Company, You are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in Your jurisdiction. For the avoidance of doubt, all sums payable by You to the Companny under these Terms of Use shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Company to You and remitted to the appropriate tax authorities on Your behalf, any deductions or withholdings that are required by law shall be borne by You and paid separately to the relevant taxation authority. The Company shall be entitled to charge the full amount of Fees stipulated under these Terms of Use to Your authorized payment method disregarding any such deduction or withholding that may be required.

Intellectual Property

You are not allowed to use any content from the Platform for any commercial purpose without the prior express written consent of and/or license granted for this purpose by the Company. You are not entitled to change, modify and/or edit the digital or hard copies of any particular content of the Platform and/or add, modify and/or use certain photographs, texts, images and/or video and/or audio content to the original content of the Platform. The Company expressly reserve all rights regarding the www.Shiplifier.com domain name and all related domains and sub-domains, the name “Shiplifier Information Technology L.L.C”, the logo, service marks, trading names and/or trademarks. Other trademarks, products and company names mentioned on the Platform may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors.

Confidential Information

Definition Each party (the “Recipient”) acknowledges that it may receive Confidential Information as defined herein. For purposes of these Terms of Use and subject to the exclusions set forth below, Confidential Information means any information provided to it by the other party (the “Discloser”) that is marked, labelled or otherwise designated as confidential or proprietary, or that the Recipient knew, or should have known, was confidential due to the circumstances surrounding the disclosure. Exclusion Information that is subject to one of the exclusions below shall not be Confidential Information. The exclusions include the following:

Non-transactional Confidential Information (as defined below);
information publicly known at the time of disclosure;
information received by Recipient without restriction from a third party;
information published or otherwise made known to the public by Discloser;
information that was generated independently without reference to the Discloser’s Confidential Information; and
information that is required to be disclosed under a court order or pursuant to any applicable governmental rule, regulation or statute, provided that Recipient provide Discloser with prior written notice of such disclosure, (as permitted by law) and the timing for response set forth in the request.

Non Transactional Confidential Information

Other than transaction information absolutely required for The Company to provide, or for You to use the Services, The Company does not require nor desire any of Your proprietary information (the “Non-transactional Confidential Information”). You agree not to provide The Company with any Non-transactional Confidential Information including, but not limited to, prototypes of new products, without The Company’s express prior written consent. In the event that You send such Non-transactional Confidential Information to the Company without the Company’s prior written consent, then the Company shall not be obligated to treat such information as Confidential Information.

Standard of Care

Recipient shall not use the Confidential Information for any purpose other than as required by these Terms of Use. Recipient shall not disclose the Confidential Information to any third party, other than as required to perform the Services. Recipient shall use at least the same standard of care with the Discloser’s Confidential Information as it does with its own Confidential Information, but in no event with less than reasonable care. Each party acknowledges that breach or threatened breach of this provision would result in irreparable harm to the other party, for which money damages would be an insufficient remedy, and therefore that the other party will be entitled to seek injunctive relief to enforce the provisions of this Section.

Return or Destruction

Other than transactional information that is retained in the ordinary course of The Company’s business, each party shall either promptly return all Confidential Information, or confirm that such Confidential Information has been destroyed promptly after receipt of electronic written request from the other party.

Aggregate Use

Subject to the Terms of Use herein, You hereby acknowledge and agree that The Company may compile aggregate results from all of, or a selection of Your use of the Services, provided that The Company shall not disclose any information that would individually identify You (the “Aggregate Information”). Such Aggregate Information shall be deemed to be the Company’s Confidential Information. You also hereby agree that the Company may review and use Your individual use of the Services in order to provide Services to You, to evaluate the Company’s provision of the Services, and to improve the Company’s Services offerings.

Privacy Policy

The Company believes in protecting Your privacy. Any information You provide to us or input on the Website as set out above will be used in accordance with the Company’s privacy policy found in this page (www.shiplifier.com/legal/privacy) (the “Privacy Policy“). The Company does not sell, rent, or otherwise disclose Your Confidential Information to a third party, without Your consent or as permitted by the Privacy Policy.

Term & Termination

These Terms of Use and other rights granted herein commence on the date of acceptance, whether direct or by continued use of the Platform, of same and shall continue until terminated by You or us. The Company may terminate Your use of the Platform at any time without notice, at the Company’s own sole discretion, if You fail to comply with one or more provisions of these Terms of Use.Upon termination:

all license and other rights granted to You under these Terms of Use will terminate immediately, and
You must cease all use of the Platform. You acknowledge that the Company may restrict, modify, or terminate these Terms of Use, without liability, for its convenience or if You violate this Terms of Use or any law, rule, or regulation.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE PLATFORM WEBSITE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND COMPANY AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SHIPPING PARTNER SHIPPING PARTNERS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM WEBSITE, ANY DATA, MATERIALS, GENERATED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM WEBSITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND GENERATED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS PLATFORM WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM WEBSITE, DATA, MATERIALS, GENERATED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PLATFORM WEBSITE OR GENERATED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM WEBSITE BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM WEBSITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SHIPPING PARTNERS, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PLATFORM WEBSITE OR GENERATED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM WEBSITE. COMPANY DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM WEBSITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY SHIPPING PARTNERS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitations of Liability

IN NO EVENT SHALL COMPANY, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SHIPPING PARTNERS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE PLATFORM WEBSITE OR ANY SERVICES OFFERED BY ANY SHIPPING PARTNERS VIA THE PLATFORM WEBSITE, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE PLATFORM WEBSITE, WHETHER OR NOT AN AGREEMENT FOR THE SERVICES FORMED VIA THE PLATFORM WEBSITE IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM WEBSITE OR GENERATED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM WEBSITE BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM WEBSITE; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM WEBSITE OR GENERATED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF THE SERVICES OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE PLATFORM WEBSITE; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SHIPPING PARTNERS; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM WEBSITE OR GENERATED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE PLATFORM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF COMPANY, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE PLATFORM WEBSITE, AND/OR GENERATED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO COMPANY BY YOU HEREUNDER. YOU HEREBY ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SHIPPING PARTNERS AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN PLATFORM WEBSITE USERS ENTERED INTO INDEPENDENTLY OF THE PLATFORM WEBSITE. THE PLATFORM WEBSITE MAY CONTAIN LINKS TO THIRD-PARTY PLATFORMS WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY COMPANY. COMPANY DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY PLATFORMS WEBSITES. IN ADDITION, COMPANY WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THE PLATFORM WEBSITE, YOU EXPRESSLY RELIEVE COMPANY FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD PARTY PLATFORM WEBSITE. ACCORDINGLY, PLEASE BE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY PLATFORM WEBSITE THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE PLATFORM WEBSITE.

Indemnification and Release

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SHIPPING PARTNERS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE PLATFORM WEBSITE; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR GENERATED CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF USE AND YOUR USE OF THE PLATFORM WEBSITE. IF YOU HAVE A DISPUTE WITH ONE OR MORE PLATFORM WEBSITE USERS, YOU FOREVER RELEASE COMPANY (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SHIPPING PARTNERS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM WEBSITE AND/OR ANY GENERATED CONTENT. THE TERMS OF USE, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY COMPANY WITHOUT RESTRICTION.

Governing Law:

These Terms of Use shall be governed by and construed in accordance with the laws of the Emirate of Dubai and the United Arab Emirates. Any dispute which may arise out of or in connection with these Terms of Use, in respect of any of terms and conditions or connected with the Platform or arising there from or related thereto in any manner whatsoever, shall be referred exclusively to the courts of Dubai.

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