Terms & conditions

USBC - Ukrainian Shipbroker’s Club - ("USBC", "we" or "our"), was initiated and is managed by VARMAR Limited Strymonos, 12, Apostolos Andreas, 3067, Limassol, Cyprus VAT NUMBER CY 10327301F,  and provides a platform for business relations and networking in the between professionals and players of the international transport and shipping market. Our activity (the "Services") can be explored further through our website, accessible at www.usbc.com.ua (the "Site"). Please read carefully the following terms and conditions ("Terms") and our Privacy Policy, which may be found at www.usbc.com.ua, and which is incorporated by reference into these Terms. These Terms govern your access to and use of the Site and Services, and constitute a binding legal agreement between you and USBC, c/o VARAMAR Ltd.

Certain areas of the Site and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Site or for specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Site or Services.
 

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SITE OR SERVICES OR BY POSTING ANY CONTENT ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
 

Modification
 

USBC reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we change these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date". By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
 

Eligibility
 

The Site and Services are intended solely for persons who are 16 or older. Any access to or use of the Site or Services by anyone under 16 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 16 or older.
 

Account Registration
 

In order to list a work on the Site or to make a purchase through the Site, you must first create an account ("Account") by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process you will become a "User" You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. USBC reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify USBC of any unauthorized use of your Account.

Online Sales

 

Online sales include sale of membership or participation fee in any USBC organized events, either individual or collective. Program and description of such events are to be shown on a relative page of the USBC website (www.usbc.com.ua). The membership fee purchased on-line gives the right to enter and take part in the announced event, at the same terms and conditions as all other participants. USBC to provide a receipt for funds transfer upon request in electronice (e-mail) or printed form.

Any access or participation purchased online on www.usbc.com can also be verified at any time via the USBC contact details (by telephone or e-mail).

In the event of termination of Event, or shift in its agenda, the membership or participant fee, which was paid on-line through www.usbc.com.ua, is to be refunded to the payer in full within 7 days of the refund request.

USBC guarantees to keep all its participants and members, including those who purchased their entry or membership online, well informed of any changes in its events.

 

Terms of Payment
 

All payments can be done either in electronic form (VISA or MASTER CARD)  or by a bank transfer upon reception of the relevant Invoice. USBC should confirm any money transfer and reception upon request. USBC reserves the right to show its own or any other bank account for money transfer, but this account is to be mentioned on USBC invoice signed and stamped.

Reception of funds signifies the aquisition of membership or participation in USBC or VARAMAR events.

The Payment received by USBC is received for and on behalf of Varamar, as a right holder and manager on the Ukrainian Shipbroker’s Club.

 

Taxes
 

All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Site, are stated in U.S. dollars and do not include any sales, use, value added ("VAT"), goods and services ("GST") or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, "Taxes

 

Feedback
 

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us at info@usbc.com.ua. You acknowledge and agree that all Feedback will be the sole and exclusive property of USBC and you hereby irrevocably assign to USBC and agree to irrevocably assign to USBC all of your right, title and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At USBC’s request and expense, you will execute documents and take such further acts as USBC may reasonably request to assist USBC to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.

 

General Prohibitions
 

Distribute, spread or pass any information or data collected or received from USBC, including but not limited to Participant lists, club or any other documents.

Use, display, mirror or frame the Site, or any individual element within the Site, USBC’s name, any USBC trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without USBC`s express written consent;

Access, tamper with, or use non-public areas of the Site, USBC`s computer systems, or the technical delivery systems of USBC`s providers;

Attempt to probe, scan or test the vulnerability of any USBC system or network or breach any security or authentication measures;

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by USBC or any of USBC`s providers or any other third party (including another user) to protect the Site, Services, USBC Content or Member Content;

Attempt to access or search the Site, Services, USBC Content or Member Content or download USBC Content or Member Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by USBC or other generally available third party web browsers;

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

Use any meta tags or other hidden text or metadata utilizing a USBC trademark, logo URL or product name without USBC`s express written consent;

Use the Site, Services, USBC Content or Member Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, USBC Content or Member Content to send altered, deceptive or false source-identifying information;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, USBC Content or Member Content;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;

Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;

Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation; or

Encourage or enable any other individual to do any of the foregoing.
 

USBC will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. USBC may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that USBC has no obligation to monitor your access to or use of the Site or Services or to remove any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. USBC reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, or any other text, graphics, images, software, music, audio, video, information or other content or material that USBC, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Site or Services.
 

Ownership
 

The Site, Services and USBC Content are protected by copyright, trademark and other laws of Cyprus and foreign countries. Except as expressly provided in these Terms, USBC and its licensors exclusively own all right, title and interest in and to the Site, Services and USBC Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or USBC Content.
 

Copyright Policy
 

USBC respects copyright law and expects its users to do the same. It is USBC policy to terminate in appropriate circumstances of Members or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

 

Links
 

The Site may contain links to third-party websites or resources. You acknowledge and agree that USBC is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by USBC of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
 

Termination and Account Cancellation
 

If you breach any of these Terms, USBC will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. USBC reserves the right to revoke your access to and use of the Site, Services, USBC Content and Member Content at any time, with or without cause. In the event USBC terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to info@usbc.com.ua.
 

Disclaimers
 

THE SITE, SERVICES, USBC CONTENT AND MEMBER CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, USBC EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. USBC MAKES NO WARRANTY THAT THE SITE, SERVICES, USBC CONTENT OR MEMEBR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. USBC MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM USBC OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, USBC DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS OR OTHER USERS OF THE SITE OR SERVICES, NOR DOES USBC MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE SITE OR SERVICES. USBC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
 

Indemnity
 

You agree to defend, indemnify, and hold USBC, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services, USBC Content or Member Content, or your violation of these Terms.
 

Limitation of Liability
 

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Services, USBC Content and Member Content remains with you. Neither USBC nor any other party involved in creating, producing, or delivering the Site, Services, USBC Content or Member Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, USBC Content or Member Content, or from any communications, interactions or meetings with other Members or users of the Site or Services or other persons with whom you communicate or interact as a result of your use of the Site or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not USBC has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
 

Proprietary Rights Notices
 

All trademarks, service marks, logos, trade names and any other proprietary designations of USBC used herein are trademarks or registered trademarks of USBC. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
 

Controlling Law and Jurisdiction
 

These Terms and any action related thereto will be governed by the Cipriot Law without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and Cyprus Court and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
 

Entire Agreement
 

These Terms constitute the entire and exclusive understanding and agreement between USBC and you regarding the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between USBC and you regarding the Site and Services.
 

Assignment
 

You may not assign or transfer these Terms, by operation of law or otherwise, without USBC’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. USBC may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
 

Termination
 

The Client may terminate this Agreement on 30 days’ prior notice to USBC at any time, or immediately by written notice to USBC if:
 

  • USBC is in material breach of this Agreement having (if the breach is capable of remedy) failed to comply with a 30 days` notice in writing requiring USBC to remedy such breach;
     

  • USBC enters into liquidation;
     

  • USBC ceases to carry on its business.

 

Notices
 

Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by USBC via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
 

General
 

The failure of USBC to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of USBC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting USBC

If you have any questions about these Terms, please contact USBC at:

 

Marazlievskaya 2, Odessa, Ukraine

info@usbc.com.ua

Tel: +380503901017


 


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