1. Introduction

Welcome to Hisham Transport (“Company”, “we”, “our”, “us”)!

These Terms of Service (“Terms”, “Terms of Service”) governyour use of our website located at hishamwatertransport.com (together orindividually “Service”) operated by Hisham Transport.

Our Privacy Policy also governs your use of our Service andexplains how we collect, safeguard and disclose information that results fromyour use of our web pages.

Your agreement with us includes these Terms and our PrivacyPolicy (“Agreements”). You acknowledge that you have read and understoodAgreements, and agree to be bound of them.

If you do not agree with (or cannot comply with) Agreements,then you may not use the Service, but please let us know by emailing athishamtransport@hotmail.com so we can try to find a solution. These Terms applyto all visitors, users and others who wish to access or use Service.

2. Communications

By using our Service, you agree to subscribe to newsletters,marketing or promotional materials and other information we may send. However,you may opt out of receiving any, or all, of these communications from us byfollowing the unsubscribe link or by emailing at hishamtransport@hotmail.com.

3. Purchases

If you wish to purchase any product or service madeavailable through Service (“Purchase”), you may be asked to supply certaininformation relevant to your Purchase including but not limited to, your creditor debit card number, the expiration date of your card, your billing address,and your shipping information.

You represent and warrant that: (i) you have the legal rightto use any card(s) or other payment method(s) in connection with any Purchase;and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for thepurpose of facilitating payment and the completion of Purchases. By submittingyour information, you grant us the right to provide the information to thesethird parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at anytime for reasons including but not limited to: product or service availability,errors in the description or price of the product or service, error in yourorder or other reasons.

We reserve the right to refuse or cancel your order if fraudor an unauthorized or illegal transaction is suspected.

4. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively,“Promotions”) made available through Service may be governed by rules that areseparate from these Terms of Service. If you participate in any Promotions,please review the applicable rules as well as our Privacy Policy. If the rulesfor a Promotion conflict with these Terms of Service, Promotion rules willapply.

5. Refunds

As per original purchase of the Contract.

6. Content

Content found on or through this Service are the property ofHIsham transport or used with permission. You may not distribute, modify,transmit, reuse, download, repost, copy, or use said Content, whether in wholeor in part, for commercial purposes or for personal gain, without expressadvance written permission from us.

7. Prohibited Uses

You may use Service only for lawful purposes and inaccordance with Terms. You agree not to use Service:

0.1. In any way that violates any applicable national orinternational law or regulation.

0.2. For the purpose of exploiting, harming, or attempting toexploit or harm minors in any way by exposing them to inappropriate content orotherwise.

0.3. To transmit, or procure the sending of, any advertisingor promotional material, including any “junk mail”, “chain letter,” “spam,” orany other similar solicitation.

0.4. To impersonate or attempt to impersonate Company, aCompany employee, another user, or any other person or entity.

0.5. In any way that infringes upon the rights of others, orin any way is illegal, threatening, fraudulent, or harmful, or in connectionwith any unlawful, illegal, fraudulent, or harmful purpose or activity.

0.6. To engage in any other conduct that restricts orinhibits anyone’s use or enjoyment of Service, or which, as determined by us,may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

0.1. Use Service in any manner that could disable,overburden, damage, or impair Service or interfere with any other party’s useof Service, including their ability to engage in real time activities throughService.

0.2. Use any robot, spider, or other automatic device,process, or means to access Service for any purpose, including monitoring orcopying any of the material on Service.

0.3. Use any manual process to monitor or copy any of thematerial on Service or for any other unauthorized purpose without our priorwritten consent.

0.4. Use any device, software, or routine that interfereswith the proper working of Service.

0.5. Introduce any viruses, trojan horses, worms, logic bombs,or other material which is malicious or technologically harmful.

 

0.6. Attempt to gain unauthorized access to, interfere with,damage, or disrupt any parts of Service, the server on which Service is stored,or any server, computer, or database connected to Service.

0.7. Attack Service via a denial-of-service attack or adistributed denial-of-service attack.

0.8. Take any action that may damage or falsify Companyrating.

0.9. Otherwise attempt to interfere with the proper workingof Service.

8. Analytics

We may use third-party Service Providers to monitor andanalyze the use of our Service.

9. No Use By Minors

Service is intended only for access and use by individuals atleast eighteen (18) years old. By accessing or using Service, you warrant andrepresent that you are at least eighteen (18) years of age and with the fullauthority, right, and capacity to enter into this agreement and abide by all ofthe terms and conditions of Terms. If you are not at least eighteen (18) yearsold, you are prohibited from both the access and usage of Service.

10. Intellectual Property

Service and its original content (excluding Content providedby users), features and functionality are and will remain the exclusiveproperty of HIsham transport and its licensors. Service is protected bycopyright, trademark, and other laws of and foreign countries. Our trademarksmay not be used in connection with any product or service without the priorwritten consent of HIsham transport.

11. Copyright Policy

We respect the intellectual property rights of others. It isour policy to respond to any claim that Content posted on Service infringes onthe copyright or other intellectual property rights (“Infringement”) of anyperson or entity.

If you are a copyright owner, or authorized on behalf ofone, and you believe that the copyrighted work has been copied in a way thatconstitutes copyright infringement, please submit your claim via email tohishamtransport@hotmail.com, with the subject line: “Copyright Infringement”and include in your claim a detailed description of the alleged Infringement asdetailed below, under “DMCA Notice and Procedure for Copyright InfringementClaims”

You may be held accountable for damages (including costs andattorneys’ fees) for misrepresentation or bad-faith claims on the infringementof any Content found on and/or through Service on your copyright.

12. DMCA Notice and Procedure for Copyright InfringementClaims

You may submit a notification pursuant to the DigitalMillennium Copyright Act (DMCA) by providing our Copyright Agent with thefollowing information in writing (see 17 U.S.C 512(c)(3) for further detail):

0.1. an electronic or physical signature of the personauthorized to act on behalf of the owner of the copyright’s interest;

0.2. a description of the copyrighted work that you claimhas been infringed, including the URL (i.e., web page address) of the locationwhere the copyrighted work exists or a copy of the copyrighted work;

0.3. identification of the URL or other specific location onService where the material that you claim is infringing is located;

0.4. your address, telephone number, and email address;

0.5. a statement by you that you have a good faith beliefthat the disputed use is not authorized by the copyright owner, its agent, orthe law;

0.6. a statement by you, made under penalty of perjury, thatthe above information in your notice is accurate and that you are the copyrightowner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email athishamtransport@hotmail.com.

13. Error Reporting and Feedback

You may provide us either directly at hishamtransport@hotmail.comor via third party sites and tools with information and feedback concerningerrors, suggestions for improvements, ideas, problems, complaints, and othermatters related to our Service (“Feedback”). You acknowledge and agree that: (i)you shall not retain, acquire or assert any intellectual property right orother right, title or interest in or to the Feedback; (ii) Company may havedevelopment ideas similar to the Feedback; (iii) Feedback does not containconfidential information or proprietary information from you or any thirdparty; and (iv) Company is not under any obligation of confidentiality withrespect to the Feedback. In the event the transfer of the ownership to theFeedback is not possible due to applicable mandatory laws, you grant Companyand its affiliates an exclusive, transferable, irrevocable, free-of-charge,sub-licensable, unlimited and perpetual right to use (including copy, modify,create derivative works, publish, distribute and commercialize) Feedback in anymanner and for any purpose.

14. Links To Other Web Sites

Our Service may contain links to third party web sites orservices that are not owned or controlled by HIsham transport.

HIsham transport has no control over, and assumes noresponsibility for the content, privacy policies, or practices of any thirdparty web sites or services. We do not warrant the offerings of any of theseentities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BERESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED ORALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCHCONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEBSITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE ANDPRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

15. Disclaimer Of Warranty

 

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “ASAVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION,CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OFTHESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS ATYOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKESANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY,RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUTLIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANYREPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES ORITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, ORUNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVERTHAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THATTHE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILLOTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHEREXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANYWARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULARPURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BEEXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUROFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE,SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDINGATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION ANDARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION ORARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OROTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE,ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, ORLOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEENPREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BYLAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TOTHE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCESWILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THEEXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOTHE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

17. Termination

We may terminate or suspend your account and bar access toService immediately, without prior notice or liability, under our solediscretion, for any reason whatsoever and without limitation, including but notlimited to a breach of Terms.

If you wish to terminate your account, you may simplydiscontinue using Service.

All provisions of Terms which by their nature should survivetermination shall survive termination, including, without limitation, ownershipprovisions, warranty disclaimers, indemnity and limitations of liability.

18. Governing Law

These Terms shall be governed and construed in accordancewith the laws of India, which governing law applies to agreement without regardto its conflict of law provisions.

Our failure to enforce any right or provision of these Termswill not be considered a waiver of those rights. If any provision of theseTerms is held to be invalid or unenforceable by a court, the remainingprovisions of these Terms will remain in effect. These Terms constitute theentire agreement between us regarding our Service and supersede and replace anyprior agreements we might have had between us regarding Service.

19. Changes To Service

We reserve the right to withdraw or amend our Service, andany service or material we provide via Service, in our sole discretion withoutnotice. We will not be liable if for any reason all or any part of Service isunavailable at any time or for any period. From time to time, we may restrictaccess to some parts of Service, or the entire Service, to users, includingregistered users.

20. Amendments To Terms

We may amend Terms at any time by posting the amended termson this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting ofrevised Terms means that you accept and agree to the changes. You are expectedto check this page frequently so you are aware of any changes, as they are bindingon you.

By continuing to access or use our Service after anyrevisions become effective, you agree to be bound by the revised terms. If youdo not agree to the new terms, you are no longer authorized to use Service.

21. Waiver And Severability

No waiver by Company of any term or condition set forth inTerms shall be deemed a further or continuing waiver of such term or conditionor a waiver of any other term or condition, and any failure of Company toassert a right or provision under Terms shall not constitute a waiver of suchright or provision.

If any provision of Terms is held by a court or othertribunal of competent jurisdiction to be invalid, illegal or unenforceable forany reason, such provision shall be eliminated or limited to the minimum extentsuch that the remaining provisions of Terms will continue in full force andeffect.

22. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOUACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BYTHEM.

23. Contact Us

Please send your feedback, comments, requests for technicalsupport by email: hishamtransport@hotmail.com.