General Purpose
Bandariyah International Co. Ltd operate and maintain this web site (the "Site") for informational and communication purposes. The following terms and conditions shall govern the use of the Site.
Restricted Use
This site is provided solely for the use of Bandariyah's [customers and partners], to interact with Bandariyah and may not be used by any other person or entity, or for any other purpose.
Content
The information on this Site is intended to furnish Users (as defined below) with general information on matters that such Users may find to be of interest, including, but not limited to, oil and gas industry and information concerning certain products and services manufactured or sold by or through Bandariyah or its affiliated companies.
The information and materials posted on this Site may be out of date, or may contain errors, omissions, or typographical errors. Bandariyah may change, delete, or update any posted information or materials at any time and without prior notice to the Users. The information and materials posted on this Site are provided for informational purposes only and are not binding on Bandariyah or any its affiliated companies in any manner whatsoever.
The information posted on the Site does not necessarily reflect the opinion of Bandariyah or its affiliated companies. This Site may contain references to certain laws and regulations; since laws and regulations may change over time, such references should be interpreted only in light of particular circumstances.
The Site and its contents may be changed, deleted or updated by Bandariyah at any time without notice.
Acceptance of Terms of Use
The access to and use of by any visitor of the Site (the "User" or "Users") is subject to the following Terms of Use (the "Terms"), as well as to any modifications issued by Bandariyah to these Terms as provided herein below. By using this Site, you acknowledge and accept that you have read and understood these Terms, and agree to be bound by them. If you do not wish to be bound by these Terms, please do not use this Site.
Changes in Terms; Termination
5.1. Bandariyah shall have the right at any time and without prior notice to revise the terms and provisions of these Terms or to impose new terms and conditions with respect to access to, or use of, this Site. Such revisions and additions shall be effective immediately upon the posting of the revised or additional terms and conditions on the Site. Any access or use of this Site by you after the posting of revisions or additions to these Terms shall constitute and be deemed to be your acceptance to such revisions or additions.
5.2. Bandariyah also shall have the right to discontinue, suspend, modify or terminate this Site or any products or services described in the Site, or any User's right to access or use any portion of or product or service offered through the Site, at its sole discretion, at any time and without notice to the Users.
Refusal of Access Rights
Bandariyah reserves the right to, in its sole discretion and at any time, refuse access to any User for any reason or for no reason whatsoever and shall have no obligation to provide any feedback or to discuss the reasons for refusing access to such User, even if access continues to be allowed to others.
Technical Aspects
Each User is responsible for providing and operating properly all equipment, software or website tools necessary to access the Internet and the Site. Access to the Site requires use of [Microsoft Explorer 4.0 or higher or Netscape Navigator 4.0 or higher, Firefox, etc].
Obligation not to interfere, damage or tamper the Site. No unlawful or prohibited use
8.1. Users shall not tamper in any way with the software or functionality of the Site. Without limiting the foregoing, User shall not put any material into the Site which contains any computer programming routines (including but not limited to viruses, time bombs, trojan horses, worms, cancelbots) or other device that may damage, disable, overburden, impair, interfere with or intercept any system, Bandariyah server or the network(s) connected to any Bandariyah servers, data, information or any third party's use of the Site.
8.2. User shall not use the Site or the information contained therein, for any purpose that is unlawful or prohibited by the Terms and/or by any applicable laws and/or regulations.
Intellectual Property
9.1. Each User herein acknowledges that the software used in the Site, configurations, displays, screens, and all information, content appearing on or displayed in connection with or contained by Bandariyah and Bandariyah Members on the Site – including, but not limited to, Bandariyah's domain names, Bandariyah logos, Bandariyah trademarks and the trade name Bandariyah (collectively, " Bandariyah Proprietary Assets") -- are protected by various intellectual property rights, including but not limited to, domestic and international copyrights, trademarks, patents and trade secrets, in accordance with intellectual property and concordant laws. Bandariyah Proprietary Assets are owned by or licensed to Bandariyah. Bandariyah reserves all rights with regard to Bandariyah Proprietary Assets, and intend to vigorously defend Bandariyah Proprietary Assets, including seeking injunctive relief, damages, and legal costs.
9.2. Except where expressly stated otherwise, User agrees that it shall not directly or indirectly copy, recopy, reproduce, print, post, transmit, retransmit, translate, download, store (in any medium), disclose, publish, publicly display, perform, adapt, change, edit, decompile, reverse engineer, disassemble, distribute to others, or commercially exploit any information, in transactions with third parties, or otherwise use all or any part of the Bandariyah Proprietary Assets or any information or content appearing or made available through the Site, whether electronically, mechanically, or otherwise, in any form including, but not limited to, the copying of presentation style, content, or content organization, without the express prior written permission of Bandariyah. In addition, other trademarks or intellectual property rights appearing through the use of the Site and information specifically related to certain companies may also be subject to the rights of other parties. User also agrees to respect, and not in any way to violate, such third party rights.
9.3. Neither Users nor anyone acting on their behalf, shall acquire any intellectual property or other proprietary rights relating to the contents of the Site or Bandariyah Property Assets.
9.4. Provision of Data. If an User provides any data to Bandariyah, whether by using this Site or otherwise, then User warrants that such data is accurate and current, that he or she is authorized to provide such data to Bandariyah and authorizes Bandariyah to copy, recopy, reproduce, print, post, transmit, retransmit, translate, up-load, down-load, store (in any medium), disclose, publish, publicly display, perform, adapt, change, edit and otherwise freely use it in connection with the operation of the Site and its business, and that the data does not infringe any third parties intellectual or other proprietary rights.
Links
10.1. Links to other Internet sites operated by third parties, including members of Bandariyah's authorized dealer network, Bandariyah's corporate partners and Bandariyah affiliated companies, do not constitute sponsorship, endorsement, or approval by Bandariyah of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Bandariyah, and Bandariyah is not responsible for the availability, accuracy, content, policies, practices or security of any websites that are linked (by way of hyperlink or otherwise) to this Site. Links to other sites are provided for the User's convenience only, and the User accesses them at its own risk.
10.2. The following activities are prohibited and may constitute trademark and copyright infringement:
(i) links to any pages of the Site, unless otherwise expressly agreed by Bandariyah : and
(ii) links that involve the unauthorized use of Bandariyah Proprietary Assets.
Disclaimers
Bandariyah makes no warranties or representations whatsoever and disclaims all liability and responsibility concerning this Site or any linked site or its content, including the quality of the products and services described in the Site, the availability of any site or the information and materials on it or the accuracy, completeness, or timeliness of that information and materials. Bandariyah does not warrant or represent that your access to or use of the Site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that the Site is free of computer viruses or other harmful components.
Without limiting the foregoing, everything on this Site is provided to you "as is" without warranty of any kind, either expressed or implied, including but not limited to guarantees of completeness, accuracy or timeliness, the implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement and without representations, warranties or other contractual terms of any kind, express or implied. The representations and warranties relating to the products sold by Bandariyah shall be governed by the terms of the agreements entered into by the Bandariyah with its customers.
In no event shall Bandariyah or its affiliated companies be responsible for: (i) the news, information and data posted on the Site by third parties, (ii) updating the Site to keep information current, (iii) ensuring the accuracy or completeness of any posted information.
Limitation of Liability
To the fullest extent permissible pursuant to applicable law, under no circumstances will Bandariyah or any of its affiliated companies be liable to you or any other person for any direct, indirect, consequential, incidental, special, or punitive damages, whether under any theory of tort, contract, warranty, strict liability or negligence or otherwise, and whether in respect of direct, indirect, consequential, special, punitive or similar damages, even if Bandariyah was advised, knew or should have known of the possibility of such damages, arising in any way out of access to or use of or inability to access or use this Site or any linked site or its contents or termination of this site or denial of access to the site, including but not limited to lost profits, business interruption, or loss of programs or other data on computer systems or otherwise, even if Bandariyah or its affiliated companies were expressly advised of the possibility of such damages.
Indemnity
The User agrees to defend, indemnify and hold harmless Bandariyah and its affiliated companies, and their respective officers, directors, employees, agents and representatives from any and all claims arising out of the User's breach of any of these Terms, and any of the User's activities conducted in connection with this Site.
Submissions. Privacy Policy
15.1. General Provision Except as otherwise provided within this Site, any communication or material you transmit to this Site by electronic means or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by Bandariyah and its affiliates and business partners for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, such persons are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.
With Member registration to the Site, Bandariyah automatically captures the IP address and host name (if available) of the Member's originating server. The IP address identifies the computer a Member is working on, but does not reveal any personal information about the Member. This information helps Bandariyah to diagnose problems with its server. It also allows Bandariyah to direct improvements for the Site by gathering broad, non-attributed demographic information about general patterns of Member use of the Site.
15.2. Privacy Policy for Confidential Information. All confidential information of Members is held by Bandariyah in confidence with complete integrity for security and privacy to the fullest extent provided in these Terms. Accordingly, Bandariyah pledges that no information specifically identified to Members will be sold, traded, or shared with any third party, including advertisers, organizations, or other Members, with the following exceptions:
- Information that the terms of an administrative order, court order, or subpoena requires Bandariyah to disclose, that Bandariyah in good faith determine is legally required to be revealed, or that law enforcement authorities request Bandariyah to disclose in connection with their investigations;
- Information revealed during the course of the Bandariyah's enforcement of these Terms; and
- Information that Bandariyah in good faith determines must be disclosed to correct what the Bandariyah believes to be false or misleading information.
Bandariyah will publish information about activity on the Site using aggregated information that does not include the identities of Members involved.
The Site has security measures in place to prevent the loss, misuse, and alteration of the information under Bandariyah's control. These include firewall protection, password encryption, and restricted Server access. However, since such measures may not be effective in the prevention of loss, misuse or alteration of information in all cases, Bandariyah urges all Users to act cautiously when using the Site.
Governing Law
These Terms shall be governed and construed in accordance with the Unidroit Principles of International Commercial Contracts, 1994, published by the International Institute for the Unification of Private Law (Unidroit).
Resolution of Disputes
Any controversy, dispute or claim in connection with these Terms or their interpretation or breaches to them, including any controversy regarding their validity and applicability, or fulfillment or non-fulfillment, shall be definitely settled though arbitrage administered by the International Court of Arbitration of the International Chamber of Commerce ("ICC"), in accordance to the Arbitration Rules of the ICC. The arbitration venue will be the city of New York, USA., and arbitrage procedures will be carried out in English. By this act the parties will relinquish, to the maximum extent authorized by the applicable laws, all rights to file a claim or appeal before a competent jurisdiction court in connection with a matter of fact or law arising from the arbitration or the arbitrage decision. The arbitrators shall not be authorized to decide any dispute, controversy or claim ex aequo et bono or as amicable compositeurs but shall strictly apply the law governing this Terms.
