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Terms of Use
Before further accessing, browsing or using (collectively, “use” or “using”) this website, in part or whole, please read the following terms and conditions.
By using this website, in part or whole, you agree to be bound by the following terms and conditions.
If you do not agree to these terms and conditions, you should not use this website.
1. General
The following are terms and conditions of a legal agreement which governs your use of our website currently operating under the domain name www.hmm21.com, (“Website”), including all contents,
applications, software, programs, tools, files, and services provided therein.
Additional terms and conditions of use applicable to specific areas of the Website may also be posted separately in such areas and, together with the terms and conditions herein, govern your use of those areas.
This agreement, together with any such additional terms and conditions and as may be amended from time to time, are referred to as the “Agreement.”
HMM expressly reserves the right to change, delete, or add all or any part of the Agreement at any time, effective immediately upon notice published on the Website.
Your continued use of the Website constitutes your acceptance of the Agreement, including any change, deletion or addition made by HMM as permitted above.
If at any time any term or condition of this Agreement is no longer acceptable to you, you should immediately cease all use of the Website.
2. Eligibility
The Website is intended for customers and business partners of HMM and its affiliates.
By using the Website, you represent and warrant that you are a competent person who has the authority to enter into the Agreement with HMM with valid and binding effect on you and/or any entity you represent and on behalf of which you are entering into the Agreement and you further undertake to use the Website in compliance with the Agreement.
3. Use Restrictions
Subject to the Agreement, you may use the Website for your business purposes which shall not compete with HMM’s business or commercial purposes.
In addition, you shall not use the Website for any purpose that is illegal or prohibited by the Agreement.
You may also not use the Website in any manner that could damage, disable, overburden, or impair the functionality of the Website or services it provides, including the servers and networks, or interfere with any person’s use of the Website.
All contents (“Contents”), including but not limited to software, applications, computer programs, and information regarding companies, business, and commercial transactions, including but not limited to shipping schedules and details, provided on the Website is protected by law, concerning copyright, trademark, intellectual property, confidentiality and other proprietary rights of HMM and/or third parties. Except as stated herein, none of the Contents provided on the Website may be copied, reproduced, modified, reverse-engineered, sold, distributed, republished, displayed, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopy, recording, or otherwise, without the prior written consent of HMM or the appropriate holder. You may download or copy the Contents only for your own personal and non-commercial use, provided that you comply with all copyright and other notices contained in the Contents. You acknowledge and agree that you will not use the Contents in bad faith or for any purpose that is illegal or prohibited by the Agreement and that you will not permit anyone else to use the Website and the Contents for any unlawful purposes.
Any unauthorized use of the Website or the Contents may violate copyright laws, trademark laws, the laws of privacy and security, and communications regulations and statutes.
4. No Endorsement
The Website may contain links to other sites on the internet which are owned and operated by third parties (“Third Party Sites”).
You acknowledge that HMM is not responsible for the availability of, or the contents, applications, or services provided on or through any of Third Party Sites.
HMM makes no warrants or representations whatsoever regarding any of Third Party Sites.
It is your sole responsibility to contact the owner or operator or otherwise person in charge of the Third Party Sites for your use thereof.
5. Termination of Use
HMM reserves the right, in its sole discretion, to limit, suspend, or terminate your use to all or any part of the Website at any time for any reason without prior notice or liability.
HMM may change, suspend or discontinue all or any part of the Website at any time, including the availability of any feature, application, and/or the Contents, without prior notice or liability.
6. Submission
During the use of the Website, you may post on or submit through the Website any data, content, or information (“Posted Data”) to the extent permitted by HMM.
Once you have posted or submitted Posted Data, you grant to HMM the right to edit, copy, publish, distribute, translate, modify, adapt, create derivate works from, display, and use the Posted Data worldwide in any medium or form and you, expressly or impliedly, represent and warrant that the Posted Data are of your own or you are authorized to grant all rights set forth herein regarding the Posted Data.
You assume all risks and liabilities for any dispute regarding the Posted Data from third parties.
7. Requests
You acknowledge and agree that HMM may choose, in its sole discretion, to rely on all service requests, instructions, messages, authorizations, acceptance, approvals, and/or acknowledgements (“Requests”) sent by you to HMM through the Website and that HMM may choose, in its sole discretion, to deem such Requests as an expression of your legal intent, “written” and “signed” by you, and binding and conclusive against you.
You agree that you shall not contest the validity or enforceability of Requests under applicable laws.
Requests, if submitted and/or exhibited as evidence on paper in any legal proceedings, including judicial, arbitration, mediation or administrative proceedings, will be admissible to the same extent and under the same conditions as any other business records originated in documentary form.
8. Security
As set forth in the Privacy & Security Statement, HMM deems that your personal identifiable information is confidential and tries to maintain the highest level of standard of care to keep your privacy.
Nevertheless, you are solely responsible for maintaining the confidentiality of your account number, account name, ID and password, if applicable, for the Website.
You are responsible for damages resulting from all uses of your account number, account name, ID and/or password, whether actually or expressly authorized by you, unless access to your account number, account name, ID, and/or password was through no fault or negligence of your own.
In this regard, it is highly recommended that you periodically change your ID and/or password.
9. Indemnity
You agree to indemnify, defend, and hold HMM and its affiliates, and their respective officers, directors, employees, owners, agents, network operators, system administrators, information providers and licensors (collectively, the “HMM interests”) harmless from and against any and all claims, liability, disputes, charges, losses, costs, expenses (including reasonable attorneys’ fees) incurred by any HMM interests in connection with any violation of the Agreement or any improper or illegal use of the Website under your account and password.
HMM reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to furnish your full cooperation to HMM.
10. Warranties and Disclaimers
NEITHER HMM NOR ANY OF THE HMM INTERESTS AND ANY PROVIDER OF THE THIRD PARTY SITES GIVES ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE FOR YOUR USE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY SERVICE AND CONTENTS ON/THROUGH THIS WEBSITE ARE PROVIDED “AS IS, AS AVAILABLE” BASIS WITHOUT WANRRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMTIED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARITUCULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
HMM MAKES NO WARRANTY AS TO ANY RESULTS TO BE OBTAINED FROM USE OF THE WEBSITE OR THE CONTENTS AND YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENTS IS ASSUMED SOLELY BY YOU.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU SPECIFICALLY AGREE THAT HMM AND ANY OF THE HMM INTERESTS MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, THAT ANY BOOKING REQUEST, SHIPPING, PAYMENT OR OTHER INSTRUCTION GIVEN VIA THE WEBSITE WILL BE PROCESSED BY HMM OR RECEIVED AND ACTED UPON BY ANY USER.
HMM DOES NOT WARRNAT THAT THE WEBSITE OR THE COTNENTS ARE FREE OF VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS.
11. Limitation of Liability
In no events will HMM and any of the HMM INTERESTS be liable for any decision made or action taken in reliance of the Contents on the Website or any direct, indirect, incidental, consequential, special, punitive or other damages, whatsoever, including but not limited liability for business interruption or loss of data or profits arising out of (i) access to, use of, misuse of, or inability to use the Website; (ii) mistakes, omissions, interruptions, deletion in/of the Contents; and/or (iii) errors, defects, delays in operation or transmission, or any failure of performance regarding the Website or the Contents, even if HMM is expressly advised on the possibility of such damages.
HMM assumes no responsibility and shall not be liable for any damages to or viruses that may infect your computer equipment or other property on account of your use of the Website or your downloading of any Content, data, text, images, video, or audio, in any format, from the Website.
HMM shall not be liable for any damages whatsoever due to any third party’s unjustified access to or use of the Website or the Contents in the Website.
12. Governing Law and Jurisdiction
The Agreement shall be governed by and construed in accordance with the substantive laws of the Republic of Korea and any and all disputes arising out of the Agreement shall be brought and settled before, and for this purpose HMM and you irrevocably consent to the exclusive jurisdiction of the Seoul Central District Court of the Republic of Korea.
13. Miscellaneous
The Agreement constitutes the entire agreement between HMM and you with respect of your use of the Website.
If for any reason a court of competent jurisdiction finds any term or condition of the Agreement to be unbinding or unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of HMM and you as reflected by that term, the remaining terms and conditions of the Agreement shall continue in full force and effect.
Any failure by HMM to enforce or exercise any term or condition of the Agreement or related right shall not constitute a waiver of that right or term or condition.