Terms & Conditions...
In these terms and conditions:-
"Conditions" means these terms and conditions
"Information" means any and all material contained in this Website
“Namaka” and “We / Us / Our” means Namaka Subsea Ltd, a company registered in Scotland (Company Number SC 443081) and with its registered office at Regus House, Berry Street, Aberdeen, AB25 1HF
“Products” means items which are advertised or otherwise mentioned on the Website as being available for purchase offline.
“the User” and “you” means you, the user of this Website.
“the Website” means the website of Namaka operating under URL www.namakasubsea.com
3. BASIS OF USE OF THE WESITE
You agree to the following:-
3.1 that you understand, acknowledge and accept the exclusion of liability and disclaimer provisions contained hereafter;
3.2 that you will only view the Information for your own private purpose and will not publish, reproduce, store or retransmit any of the Information contained in the Website at any time;
3.3 that you shall not use the Information for any unlawful purpose or in any unlawful manner;
3.4 that you shall not use the Website or the Information in any manner which may constitute an infringement of any third party rights (including but not limited to rights of copyright, trademark or confidentiality);
3.5 that you shall not run any tools on the Website that systematically retrieve web pages for offline or online viewing; whether it be for personal, commercial, experimental, experimental, educational or any other use;
3.6 that all intellectual property rights (including without limitation copyright, trademarks and all other rights) whatsoever in the Information and the Website shall remain vested in Namaka at all times;
3.7 that you acknowledge that Namaka has no obligation to provide the Website or any Information or to ensure that you are able to use, provide and/or access the Information, and the Website;
3.8 that you will indemnify and keep indemnified Namaka against all claims, liabilities, damages, costs and expenses including legal fees arising out of any misuse of the Information or the Website or breach of your obligations under this agreement.
4. DATA PROTECTION
5. PROPRETARY RIGHTS
5.1 All trade marks, copyright, database rights and other intellectual property rights in the materials on this Website (as well as the organisation and layout of this Website) together with the underlying software code are owned by, licensed or authorised to Namaka, its assignees, licensees or sub-licensees thereof and the copyright in the text, artwork, graphics and images on the Website is owned by Namaka or its licensors or its content or technology providers except where otherwise specified. Nothing in these terms and conditions transfers to you any rights of ownership of such intellectual property rights, or constitutes a licence to use such intellectual property rights other than to the extent expressly set out in these terms and conditions.
5.2 Without Our prior written permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Website or the underlying software code whether in whole or in part. You are permitted to print and download extracts from this Website for your own personal use but only on the basis set out hereunder.
5.3 You may view this Website and its pages electronically.
5.4 You may, for your personal use only, save for your own hard drive and print extracts from this Website as are reasonably necessary for such personal use.
5.5 You may further reproduce any copies of any material downloaded or copied by you from this Website for use by any third party or distribute the same to any third party provided that:-
5.5.1 it is not for any commercial purposes or for a fee;
5.5.2 you acknowledge the Namaka Website as the source of the material, including, without limitation of the foregoing generality, by including such acknowledgement and the domain name www.divetechnicalsolutions.com in the reproduced material;
5.5.3 you ensure that the Namaka copyright notice and these terms and conditions appear in all such reproduced material and that you inform any third party to whom such material is distributed that such terms and conditions shall apply to them and that they must comply with them;
5.5.4 any reproduced material is copied in unmodified form.
5.6 Namaka reserves the right at any time to withdraw or modify the limited licences set out above.
You may not remove any product identification, copyright notices or other notices from Namaka’s materials or copies of Namaka’s materials on this Website which you may have made or printed for your own personal use. Framing of this Website or any part of it is not permitted without our express permission. Notwithstanding the above, Caching of this Website is permitted by an information service provider acting in the normal course of business as provided for in the Electronic Commerce (EC Directive) Regulations 2002.
6.1 To the fullest extent permitted at law, this Website and its contents is provided on an “as is” basis and makes no (and expressly disclaims all) representations or warranties of any kind, with respect to this Website or its contents or their suitability, reliability or usefulness for any purpose.
6.2 In addition, Namaka does not represent or warrant that the information accessible via this Website is accurate, complete or current.
6.3 While every effort is made to ensure accurate and complete information, Namaka, nor its directors, employees or representatives will be liable for damages arising out of or in connection with the use of this Website or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind.
7. THIRD PARTIES
Any third-party product or company names and devices, logos, icons, graphics or designs referred to on the pages of this Website are the trademarks of their respective owners and are exhibited only in such a manner as is intended to be for the benefit of such trade mark owners and Namaka intends no infringement of such marks. The appearance or absence of products, services, companies, organisations, home pages or other websites on the Website does not imply the endorsement, or non-endorsement, thereof by Namaka. All rights not expressly granted are reserved by Namaka. Without prejudice to the foregoing generality, no endorsement or non-endorsement by Namaka of Products is intended or implied.
We reserve the right at any time without notice to revise the contents of this Website including these Terms and Conditions. Any changes to these Terms and Conditions will be posted on this Website and by continuing to use this site following any such change you will be agreeing to be bound by the revised Terms and Conditions.
9. ACCEPTABLE USE
You may only use this Website in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the UK or other jurisdiction from which you are accessing this Website.
10. LINKS TO OTHER WEBSITES
10.1 This Website may include links to other Internet sites. We do not endorse any such Websites and we are not responsible for the information, material, products or services contained on or accessible through those Websites. Your access and use of such Websites remains solely at your own risk.
10.2 If you wish to provide a link to the Namaka Website this must be to our homepage. You are not permitted to frame, page-jack or link to any other page of the Namaka Website. You are not permitted to use any robot, spider, other automatic device or manual process to monitor or copy the Namaka Website or the content thereof.
Namaka will use its reasonable endeavours to ensure that neither the Website nor its contents contain or assist the dissemination of viruses or malicious code however we recommend that you virus check all materials downloaded from the Website before using them. You are also advised regularly to check your computer for the presence of viruses and malicious code. Namaka excludes, to the fullest extent permitted by law, all liability (except liability for death or personal injury) for damage or loss caused by computer viruses or malicious code originating, or contracted, from this site or any third party sites.
12. LIMITATION OF LIABILITY
In no event will We be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of access to, or the use of this Website or any information contained in it, including loss of profit and the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
13. DISCLAIMER OF WARRANTY
To the maximum extent permitted by law, We disclaim all implied warranties with regard to the information, services and materials contained on this Website. All such information, services and materials are provided “as is” and “as available” without warranty of any kind.
These Terms and Conditions contain all the terms of your agreement with us relating to your use of this Website. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated. Your use of this Website, any downloaded material from it and the operation of these Terms and Conditions shall be governed by, construed and interpreted in accordance with the law of Scotland and you agree to submit to the non-exclusive jurisdiction of the Scottish courts.