Terms and Conditions ("Terms")
THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. We reserve the right to modify these terms and publish a new version thereof in our web for any reason and at any time. These changes do not affect your rights and previous obligations. If you continue to use our web after we have posted any changes to the terms, you accept the terms in force at that time. Consult these terms from time to time to be updated as to whether changes have been made. If you disagree with any of the conditions of terms or any subsequent amendments thereof, or if you are not satisfied with our web, we urge you to stop using it immediately.
1. We do not sell products from the maritime industry Our web is a reference comparator of rates, prices, report creator and alerts. MAKARA does not offer, does not own, nor does it manage the maritime industry services or products appearing in our web, such as freight rates, types of containers, penalties for detention, demurrage, damage to containers, free days, or insurance (the "products"). The products are owned by the administrators or are made available by third parties (the "supplier" or "suppliers") directly or indirectly (i. e., shipping lines and/or NVOCC's [Non-Vessel Operating Common Carriers]). You are responsible for accepting and understanding the terms and privacy policies of the suppliers. You are responsible for any interaction between you and the suppliers, which you may access through the reference data of our web. MAKARA is not responsible for any inconvenience that may arise with your acquiring the product from the suppliers. MAKARA shows you references to products of the maritime industry or suppliers in our web, but this in no way implies, suggests, or constitutes a recommendation to use them. Nor does it mean that MAKARA sponsors, endorses, or is affiliated with the suppliers. MAKARA shows referentially suppliers' contents and prices of products of the maritime industry. MAKARA is not responsible for the suppliers' providing accurate, updated or complete contents. MAKARA does not administer or verify the products offered by suppliers because, the information comes from public data and other sources, is obtained by statistical studies and market projections made by this company; accordingly, all the prices displayed in our web are merely referential. Prices change constantly and additional charges may apply (i. e., escrow, fees, service charges, billing fees, and local taxes). It is possible that some suppliers charge their products in a currency other than the pre-selected one or the one that you chose to display the results. Our exchange rate is for reference only, so you should not deem it to be accurate and up-to-date.
2. Intellectual property Jointly with our corporate partners and the suppliers, we are owners of all texts, images, software, trademarks, service marks and any other material contained in our web. Copying or disclosing of the content is not allowed, except for personal non-commercial use. All copyright, trade mark and other proprietary rights notices contained in our web must appear on all copies you print. All other products, services or names appearing in our web belong to the respective third parties and may only be mentioned in our web for identification purposes. For more complete information on those names and the registration thereof, please contact the appropriate third parties. The use of and access to our web do not grant any licence or right to use any of the trade marks included in it. We respect the intellectual property rights of others and we prohibit the user to upload, publish or otherwise transmit in our web any content that does not respect the intellectual property rights of others. If you consider that your trade mark or copyright has been infringed, send a notice in writing to the address indicated in Section 4.
3. Privacy of children and/or teenagers Only people over 18 are allowed to access our web. Our service is not directed to any person under 18 years ("children and/or teenagers"). We do not knowingly collect personally identifiable information of children and/or teenagers under 18. If you are a parent or guardian and you learn that your children have provided us with personal information, please contact us. If we become aware that we have collected personal information from a child and/or adolescent under the age of 18 without parental consent, we take steps to remove that information from our servers.
4. Using our web If you choose to register as a user, you will be responsible for maintaining the secrecy of your passwords, as well as your logging data and account. You will be responsible for all use made of our web, and for whoever uses your password and login information. Should any information change, you must update it immediately. If you have any reason to believe that your account is no longer secure (i. e., due to loss, theft, or disclosure or unauthorised use of your information, computer, or mobile device used to access our web) you must change the affected personal information immediately. If you choose to receive messages or other communications from our web directly into your mobile device, it will only be your responsibility to update phone number, download the latest version of the mobile application, and defray any charges incurred for receiving such messages. We do not assume any responsibility for the information sent to a device associated with out- dated information from your telephone number or for the use of an out-dated mobile application. If you install any software or enable any service that stores information from our web in any mobile device or computer, it will be your responsibility, before transferring or getting rid of the device, you must delete your information or disable the access to such software or service to prevent unauthorised access to your information or account.
5. Our web may only be used to search or compare product prices, and it is forbidden to use it to perform false, fraudulent or speculative activities. In making use of our web, you agree to comply with the laws applicable to the United States and your country, including any laws on the exportation of technical data. Likewise, you undertake not to carry out any of the following actions without the prior written authorisation from MAKARA: (i) accessing the page through any type of manual or automatic process for reasons other than personal use or the inclusion of MAKARA pages in a search index. It is forbidden to use any automated system or software to extract data from our web for commercial or non-commercial use; (ii) violating the restrictions of any robot exclusion points of our web or evading or avoiding other measures employed to prevent or limit access to it; (iii) using deep links anywhere in our web for any reason; (iv) using any device, software, or routine to interfere or attempt to interfere with the normal operation of our web, or perform any action that imposes an undue burden on our computer or network environment; (v) reproducing, duplicating, copying, selling, trading, reselling, or profiting from our web; (vi) using any functionality of our web for any unlawful or harmful reason or which we may deem to be questionable or inappropriate; (vii) posting or distributing any material in our web that disrespects the rights of any third party or the applicable law; (viii) using our web to obtain or store personal information from third parties; (ix) using our web for commercial purposes unless we have given written permission; (x) publishing any advertising or promotional material in our web. Also, in any of these cases we may, in our sole discretion, suspend, cancel, or restrict access to all or any component of our web at any time, without prior notice or liability. Moreover, we may delete your account at any time. Furthermore, you agree not to: avoid, deactivate, or otherwise interfere with the security-related features of our web or the features that prevent or restrict the use or copying of any content or impose limitations on the use of our web or any content on it; impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
6. Violate or encourage others to violate any applicable law, statute, ordinance or regulation, intentionally or unintentionally; supply false or misleading information; request personal information from anyone; delete, add, or change the user content of other people; remove or alter any copyright notice or other proprietary notices in relation to any content on the web; publicly discredit any person or any user content; post threats of violence, or promote or encourage others to engage in violence or illegal activities. If you see any abusive content, you may report it at firstname.lastname@example.org
7. Warranty disclaimer Our web, all the content and services available, are offered on an "as is" basis and according to availability. Much of our content is generated automatically, so errors may occur. The search results are generally large, but the searches are not exhaustive and do not show all the providers and offers available in the market. Accordingly, we do not always show the lowest available price, as it is a reference price. MAKARA expressly disclaims any liability and makes no warranty, explicit or implicit, including, but not limited to, implicit warranties regarding merchantability, fitness for a particular purpose, title, non-performance, and security and accuracy, as well as any guarantee that may arise from the use or trade, agreement, or course of execution. We cannot guarantee that our web is always available, uninterrupted, safe, or free from bugs or viruses, or that it does not contain errors or omissions. We will not be responsible for any delay or breakdown due to force majeure or reasons beyond our reasonable control, including, but not limited to, failures due to unforeseen circumstances or causes beyond our control, such as acts of war, terrorism, riots, embargoes, actions by civil or military authorities, fires, floods, accidents, strikes, epidemics, or other natural disasters, shortage of transport services, fuel, energy, labour, or materials, or breakdowns in public or private telecommunications networks.
8. Limitation of liability MAKARA (together with our managers, directors, employees, representatives, shareholders, associates and suppliers), in accordance with the legal framework, shall not be responsible for: (a) any loss or damage, or viruses that may infect your computer equipment or other property as a result of access to our web or the download of content therefrom; (b) any injury, death, loss, claim, force majeure, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or significant damage of any kind (including, but not limited to, loss of benefits or savings) derived from contract, tort, strict liability, or otherwise, arising out of or in any way connected with: (i) the use of our web or our content; (ii) any failure or delay (including, amongst others, the use or inability to use any component of our web); (iii) the performance or breach by us or by any of the suppliers, even assuming that we are advised of the possibility of having such damage to such third parties or anyone else. According to the legal framework, our additional responsibility for any loss or damage to your person as a result of accessing our web, downloading any content thereof that not indicated in this paragraph, shall be limited to 50 USD. 5
7. You undertake to protect us As set forth in these terms, you hereby undertake to defend, indemnify, and hold harmless each of individuals in charge, directors, employees, and agents from any claim, cause of action, liability, expense, loss, or demand, including, amongst others, any legal and accounting expenses that may arise, or that are somehow connected with your breach of these terms or the agreements that are part of these terms by reference, the violation of applicable laws, and the use or access to our web or intellectual property.
9. General requirements We reserve the right to modify our web and these terms at any time and without notice. You are responsible for staying updated as to any changes made to these terms. If you use our web it means that you accept all changes to the terms, and any change will replace earlier versions. Unless otherwise indicated, all changes made to these terms shall apply to all users, including those who have registered before the date on which the changes take effect. We also reserve the right to terminate this agreement under these terms at any time by written notice (including by email) and/or if you are a registered user, by cancelling your account and access thereto. No content present in these terms shall make either party to be deemed to be the agent or representative of the other, or both parties as partners or partners for any purpose. You may not assign, delegate, or transfer your rights or obligations, as defined in these terms. We may assign our rights and obligations as defined in these terms, without such assignment being deemed to be a change to the terms, without notifying you beforehand, provided your rights as defined in these terms are not affected. Should you or any other user violate these terms and for any reason we do not act, it does not mean that we are waiving our right to act with respect to future or similar breaches. If a court finds any of these terms unenforceable or invalid, these terms remain in force to the maximum extent permitted by the applicable law, whilst the other terms will continue to be valid and shall be enforceable. These terms, along with the agreements forming part of these terms by reference, constitute the entire agreement between you and us regarding the use of our web, and supersedes any prior understandings or agreements (whether oral or written) concerning the use of our web. These terms shall be governed and construed in accordance with the laws of the State of Florida, United States of America (without regard to conflicts of law). The parties further agree that any controversy or claim arising out of or related to these terms, or the breach thereof, will be determined by commercial arbitration, administered by the International Centre for Dispute Resolution (or) the American Arbitration Association in accordance with its Rules of International 6 Arbitration. The number of arbiters will be one. The place of arbitration will be Miami, Florida, USA. The language of the arbitration will be English. If you are a consumer, it is possible that the law might allow you to move the process to your place of residence, and seek legal remedy under the protection laws to the local consumer. In such actions, or in any that we might bring, the defendant may, according to the framework of the law, recover all legal expenses that have been incurred as a result of such claim including, amongst others, the expenditures and court costs subject or not to tax and, to a reasonable extent, attorney's fees. According to the legal framework, you hereby agree that any claim, demand and reasons for legal action arising out of or in connection with our web and/or these terms shall be resolved individually, without resort to any class action.
10. Your comments We hereby encourage you to share your comments and questions with us, although we possibly may not answer to all of them. Bear in mind that we shall not assume any responsibility for reviewing unsolicited ideas for our company (such as product or advertising ideas) and will not assume any liability as a result of any similarities between those ideas and any material that may appear in future MAKARA products or services. Also, bear in mind that you are responsible for any material you submit, including the reliability, originality, and respect thereof for intellectual property rights. Do not divulge trade secrets or other confidential information in your messages. All rights to the materials we may receive will become the exclusive property of MAKARA. Likewise, by sending us your comments you give us an irrevocable, perpetual, non-exclusive, transferable licence, with the right to sub-licence to use, copy, modify, perform in public, show in public, edit, translate, subscribe, syndicate, publish anew, extract (in whole or in part), and distribute the comments you send us for any reason, such as business, commercial, marketing, advertising, and others. Any claim regarding copyright and intellectual property rights arising from these terms and from our services will be governed and construed in accordance with the current law of the United States and will be filed with the competent courts thereof in the city of Miami, State of Florida.
11. Legal notices Google Play and the Google Play logo are registered trademarks of Google LLC., and Apple, the Apple logo, iPhone, and iPad are registered trademarks of Apple Inc. in the United States and other countries and regions. App Store is a service mark of Apple Inc.
12. Makara Insights Inc., advises that the information contained in this website is for information purposes only and does not constitute expert advice, therefore does not assume any liability for the results or use of the information. Information supplied to you is provided as an estimate only the user of an Application acknowledges and agrees that whilst this information and service is provided in good faith, no representation or warranty that this site will meet your requirements, be uninterrupted, timely, secure or error-free. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the site. Although we make reasonable efforts to update the information on the site, we make no representations, warranties or guarantees, whether express or implied, that the content on the site is accurate, complete or up to date.
13. This website is intended to be read in English. If you use the link to Google Translate provided as a convenience, or use another translation website, or resource, Makara Insights Inc., does not endorse the reliability of any translation and does not guarantee anything about any such translation, including that anything found on our website may be translated by any resource. Makara Insights Inc., will not in any way accept any liability whatsoever for any use you may make of a translation, or for errors in, or other problems with, the translation.
14. Our web Our web is operated by: MAKARA INSIGHTS INC 80 SW 8TH ST SUITE 2013 MIAMI, FL 33130 Latest update: 24 August 2022.