Disclaimer & Web Usage Terms
Users of the CSS Group website agree to abide by Web Usage Terms and agree to accept all the terms and conditions governing the same.
CSS Group may update the Web Usage Terms on this site at any time. Consequently, Users are advised to read the Web Usage Terms each time they visit the CSS Group site.
The www.cssgroupsite.com is the only official website of the CSS Group and the CSS Group nor its associates or affiliates or agents does not operate any other website in any other name. Users of this website are hereby warned about fraudulent websites being operated under the brand name of the CSS Group and any violation of the Web Usage Terms shall lead to legal repercussions.
Website Usage Terms
1 Use of the CSS Group Website
1.1 This website is made available by Consolidated Shipping Services (CSS Group). Any party accessing or browsing this website or downloading or using any information, data, text, images, video or audio or any other materials available from CSS Group via or generated on, posted or uploaded to the website (“Content”) or otherwise requesting, using or receiving any services or facilities (“Services”) via the website (“User”) may only do so subject to:
(1) the terms and conditions set out below;
(2) any additional instructions, terms or conditions on the website that apply to particular Content or Services which the User uses (such additional instructions, terms and conditions to prevail over the terms and conditions below to the extent of any inconsistency), and
(3) Access to or use of this website or any Content or Services available via the website shall be deemed to constitute acceptance by the User of, and agreement by the User to, the Website Usage Terms.
1.2 If the User accesses the website or receives or uses Content or Services on behalf of any other party (including corporate body), that party shall also be bound by the Website Usage Terms as if that party were a User. The User warrants and represents that he is authorised by any such party to bind that party to the Website Usage Terms.
2 Status of Website Usage Terms
2.1 The Website Usage Terms shall not affect, or form part of, the terms of any contract of carriage with CSS Group.
3 Intellectual Property Rights
3.1 Ownership of all copyrights, database rights, patents, trade or service marks, product names or design rights (whether registered or unregistered), trade secrets and confidential information and any similar rights existing in any territory now or in future (“Intellectual Property Rights”) and similar rights and interests in all domain names, trademarks, logos, branding appearing on the website and all Content, or otherwise relating to the structure of the website and the Services offered by CSS Group via the website, vests in CSS Group.
3.2 The User may use this website and the Content and Services available via the website only for the purposes reasonably anticipated on this website or as otherwise might reasonably be expected in the course of his relationship with CSS Group and in accordance with any procedures from time to time in force on the website. The User may not access any areas of the website to which access is indicated to be restricted unless the User has obtained appropriate authorisation and any relevant access device (such as a digital certificate) from CSS Group. The User may not:
(1) use or permit any other party to use all or any part of the website, Content or Services in connection with activities that breach any relevant laws, infringe any third party’s rights, or breach any applicable standards, content requirements or codes;
(2) post to, upload to, temporarily store on (if such facility is provided) or transmit through, the website any information, materials or content that might be or might encourage conduct that might be unlawful, threatening, abusive, defamatory, obscene, vulgar, discriminatory, pornographic, profane or indecent;
(3) use the website for the purpose of or as a means to send ‘flame’ or ‘spam’ emails.
4.1 CSS Group will use reasonable endeavours to ensure that the Content accurately reflects either:
(1) the relevant part of CSS Group records held on CSS Group’s computer systems; or
(2) information received from a party other than CSS Group. CSS Group does not warrant that the Content is accurate, sufficient, error free, complete or up to date at the time it is accessed. The User should make further enquiries to satisfy himself of the accuracy and completeness of any Content before relying on it. Certain Content may be labeled as indicative only, in which case CSS Group makes no warranties at all in relation to its quality, accuracy, completeness or timeliness.
4.2 Except as set out in the Website Usage Terms, CSS Group shall have no liability whatsoever for breach of any implied warranty, term or condition that might otherwise apply including (without limitation) in relation to the operation, quality or fitness for purpose of the website or any Content, User Materials or Service, or the use of reasonable skill and care.
4.3 The User is responsible for the accuracy and completeness of any User Materials. The User shall ensure the User Materials do not infringe any Intellectual Property Rights or other right of any third party and are not defamatory, unlawful, immoral or otherwise likely to breach or infringe any right or requirement or to give rise to any claim for loss or damage by any third party. The User shall indemnify and hold harmless CSS Group and its affiliates, associates and agents against any claims, losses, actions, proceedings, damage or other liabilities whatsoever (including damages or compensation paid by CSS Group to compromise or settle a claim), and all legal costs or other expenses, suffered by CSS Group or its affiliates and associates as a result of any actual or potential breach by the User of its obligations under this clause 4.3.
5.1 The User shall not publish, display, upload or transmit any information prohibited under Rule 3(2) of the Information Technology (Intermediaries guidelines) Rules, 2011
6 Hyperlinked Websites
6.1 The website may contain certain links or references to websites operated by third parties. CSS Group makes no warranties or representations whatsoever regarding any third party website which the User may access through this website or which the User may use or access to enable access to or use of this website and any of its Content or Services. Any such website is wholly separate and independent from this website and CSS Group does not have any control over the content or operation of such website. CSS Group does not endorse any third party website, and does not accept any responsibility for the existence, operation, content or use of such website.
7 Restriction on usage of content/hyperlink on the CSS Group website:
7.1 A User may place hyperlinks to any unrestricted area of this website provided that the User complies with the following terms or any other terms posted on the website from time to time. The User:
(1) may link to, but may not, unless with CSS Group’s prior written agreement, replicate in any way any Content appearing on the website;
(2) may not create a border environment or browser around or otherwise frame any Content or create any impression that the Content is supplied or owned by any party other than CSS Group;
(3) may not present misleading or false information about CSS Group, its services or Content;
(4) may not misrepresent CSS Group’s relationship with the linking User (or any third party);
(5) may not create any implication or inference that CSS Group endorses the linking User or its services (or any third party);
(6) may not use or reproduce CSS Group’s logo, trade marks or name;
(7) may not provide or display any content that could be construed as obscene, libelous, defamatory, distasteful, offensive, discriminatory, pornographic or inappropriate in any other way;
(8) may not display or provide materials, content or anything else that might violate any laws of any jurisdiction or infringe any Intellectual Property Right; and
(9) In case permission is granted to the user to use hyperlink or content the user must clearly indicate that the CSS Group website is operated by CSS Group and is not controlled by or otherwise associated or connected with the linked website, and that CSS Group’s terms and conditions apply in relation to any use of the CSS Group website.
7.2 Any User must immediately on request remove any link placed on or to any area of this website. The User shall not permit any third party aggregator of information to access or retrieve information from this website on the User’s behalf. The User may not in any way run software programs, scripts, macros or similar materials against or in relation to any part of the website as these could endanger, compromise or hamper the stability and operation of the website or infringe rights in or relating to the website or any materials appearing on it.
8.1 The User agrees to comply with any reasonable instructions CSS Group may issue regarding the website’s security.
8.2 The User must ensure that he does not do anything during or after any access to or use of the website, Content or Services which might result in the security of the website, or the systems or security of CSS Group or any other users of the website, or any CSS Group customers or associated or affiliated companies, being compromised.
8.3 Both the User and CSS Group shall each take all reasonable precautions to ensure that communications through the website and its own systems are not affected by computer viruses or other destructive or disruptive components, and to ensure no such components are transmitted to or via CSS Group or the website.
9.1 The total liability of CSS Group, its affiliates, associates and agents to the User and any person acting on the User’s behalf, howsoever arising out of or in connection with the Website Usage Terms and/or the website, Services or Content (including in relation to negligence) shall, in aggregate, in respect of any claim, or series of connected claims arising out of the same cause in any calendar year, not exceed AED 500 (Dirham’s Five Hundred).
9.2 The User shall ensure that no claims for more than the aggregate limit of liability set out in clause 9.1 are brought against CSS Group, its affiliates, associates or agents.
9.3 The User is advised to obtain, if he considers appropriate, insurance cover at his cost, in particular for any loss exceeding the limit set out in clause 9.1 above.
9.4 Except as set out in the Website Usage Terms, CSS Group, its affiliates, associates and agents shall have no liability whatsoever in respect of the use of the Content, Services or website, howsoever arising.
10.1 Use of this website or of the Content or Services may be subject to certain legal or regulatory requirements in particular jurisdictions. The User may only access or use the website, Content or Services to the extent such access or use is permitted in the jurisdiction in which he accesses or uses the website, Content or Services.
10.2 CSS Group will not be liable for any loss (including without limitation loss of profit), damage, delay or failure in performing any of its duties relating to the Website Usage Terms caused in whole or in part by the action of any government or governmental agency, natural occurrence, law or regulation (or any change in the interpretation thereof), injunction, currency restriction, sanction, exchange control, industrial action (whether involving its staff or not), war, terrorist action, equipment failure, interruption to power supplies or anything whatsoever beyond its reasonable control.
10.3 The Website Usage Terms supersede all previous agreements, communications, representations and discussions between the parties relating to the website. No party will have a right of action against CSS Group arising from any previous agreement, communication, representation and discussion in respect of the website (except in the case of fraudulent misrepresentation), and neither party has relied on any terms, warranties, representations or conditions other than those expressly stated in the Website Usage Terms. No modification or waiver of the Website Usage Terms shall be binding on CSS Group unless it is in writing and agreed by an authorised representative of CSS Group.
10.4 References in the Website Usage Terms to ‘in writing’ or ‘written’ include communication by email or other electronic form. References in the Website Usage Terms to the singular include the plural and vice versa.
10.5 Each of the provisions of the Website Usage Terms is severable from the others and if one or more of them becomes void, illegal or unenforceable, the remainder will not be affected in any way.
10.6 The rights of CSS Group under the Website Usage Terms may be exercised as often as necessary and are cumulative and not exclusive of its rights under any applicable law. Any delay in the exercise or non-exercise of any such right is not a waiver of that right.
10.7 The User may not assign, part with or otherwise transfer any right or benefit under any provision of the Website Usage Terms without CSS Group’s prior written consent.
10.8 Subject to clause 2, CSS Group may at any time and without notice or liability change, improve or remove any Content or any Services available via the website, or the Website Usage Terms.
10.9 CSS Group may assist or co-operate with authorities in any jurisdiction in relation to any direction or request to disclose personal or other information regarding any User or the use of the website, Content or Services.
10.10 CSS Group’s affiliates and agents shall have the benefit of all provisions of the Website Usage Terms which are expressed to be for their benefit, as well as the law and jurisdiction clause. In entering into the Website Usage Terms, CSS Group does so not only on its own behalf but also as agent and trustee for such persons.
10.11 To the extent that clause 10.10 is not effective to give such benefit to any affiliate or agent, such Party may enforce such provisions in its own name pursuant to the Contracts made by it. The Website Terms may be varied or rescinded, by agreement or in accordance with their terms, without the consent of any Third Party.
11 Unlawful Activities
11.1 CSS Group reserves the right to investigate complaints or reported violations of the Web Usage Terms and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
12. Governing Law and Jurisdiction
12.1 The Web Usage Terms shall be governed by and construed in accordance with the laws of India and any action arising out of or relating to the Web Usage Terms shall be filed in Jurisdiction of Kerala High Court and User hereby consent and submit to the jurisdiction of such courts for the purpose of litigating any such action. The proceeding shall be in English.
12.2 Alternatively and at CSS Group sole option, CSS Group may commence proceedings against the User at a competent court of a place of business of the User.