/ USD
Down Arrow MY CART
0 item(s) - $0.00

Shipping's Terms and Conditions

IV. TERMS AND CONDITIONS FOR SHIPPING

The enrolled Customer, Shipper and/or Consignee (hereinafter collectively referred to as “Customer”) agrees to these TERMS AND CONDITIONS which no agent or employee of the parties may alter. These TERMS AND CONDITIONS shall apply to this and all future shipments scheduled by Customer, unless and until these TERMS AND CONDITIONS are altered or amended by Safariis Shipping (hereinafter referred to as “Broker”) issuance of new TERMS AND CONDITIONS which can be found at www.safariis.com.


Safariis.com Shipping is a platform set up to facilitate shipping agreements between independent shippers (Providers) and our customers (Safariis.com users with valid accounts on safariis.com).  


1. SHIPPING PROVIDER (THE BROKER)


The Broker is a freight broker and NOT a freight carrier. Safariis Shipping Provider(The Broker) reserves the right, in its sole discretion, to refuse any shipment at any time.  Safariis Shipping providers are given the ability to register Shipping Provider accounts on Safariis.com, and use that account to create routes for conveying shipping containers, boxes, drums, craters, vehicles, bikes, planes, and any items deemed legal from an origination point to a destination point.  Anyone having the means of transportation can act as Safariis Shipping Provider, receive packages from Safariis customer and deliver them at the intended destination, providing they have successfully undergone a very rigorous vetting process to determine their suitability for public trust.


1.1. ROUTE


A Route is an origination and destination points that the Shipping Provider has established at Safariis Shipping to move customer’s load(s).  An example of a route is Baltimore, USA to Marseille, France, or Baltimore USA to Gaithersburg USA. These locations can be within a country or across countries or continents. 




1.2. POINT OF CONTACT


A Point of Contact is the identified individual retained to receive the goods at  

destination.  It is the responsibility of the customer to designate the Point of Contact at the point of destination, and store the associated identification information at the site.


1.3. VERIFICATION AND ACCREDITATION OF REGISTERED SHIPPING PROVIDERS

A Safariis Shipping provider is verified, accredited, and validated using both automated and manual processes for identification and verification of good standing in society.  Because of this, a certain category of people not appropriate to provide this service will not be allowed to do so. We may cancel any Provider account at anytime should we later discover the holder of the account no longer meet the criteria for providing such a service to our customers.


1.4. ROUTE CLOSURES

In war zones, or any other places that Safariis determined to be unsafe, those routes may be closed without notice.  In those circumstances, all efforts will be made to deliver those items in the queue to the best of ability. But in cases where it is unsafe, we reserve the right to demand the Shipping Provider hold onto the item(s) until the route is safe again to resume delivery.  Safariis will not be held responsible or liable as a result of any negative impact suffered in connection with this delay or cancelation.


1.5. INSURANCE FOR SHIPPING PROVIDER

A liability insurance is required for all registered Shipping providers on Safariis.com up to at least the amount of the value of the total items in all the provider’s route(s) or shipping queue at any given time. 


  1. ITEMS NOT COVERED


Dangerous items such as firearms, chemical, explosives or any item that may be classified as dangerous, unsafe are not covered at this time.  In addition, pets and people cannot be transported at this time using Safariis shipping. 


2. SHIPPING USER

A Safariis Shipping User is anyone duly registered at Safariis.com with a valid user account. 


2.1.ITEM(S) CONFIRMATION

When checking out a container, a partition or a box included in the Shipping area at Safariis.com, there is an automated process that forces the user to confirm the content of these for insurance purposes.  The user is responsible for identifying the content of all shipping, and must confirm the included items in the container/partition/boxes before it can be received or picked up by the Shipper. In all shipping transactions, this confirmation process cannot be discarded.  Once you’ve confirmed you can no longer alter the list of items. Our system won’t allow you to. You will have to add any remaining items that you wish to ship in another order before it can be accepted by our shipping providers. 


2.2. INSURANCE FOR CUSTOMERS
During item(s) confirmation, the customer is given the ability to purchase insurance to cover the selected item.  If the customer declines, or do not select to purchase insurance to cover an item, that item is not covered. The insurance is underwritten by RAMON Insurance under policy # QM363300.  Our site provide the means to the customer to initiate the certificate generation themselves, which is automated. 

3. SHIPPING ROUTES DELAY OR CANCELATION

The date/time of routes, for both origination and destination points may change without notice.  The customer must at all times stay in contact with his/her provider, using Safariis Chat, to receive the latest information pertaining to the status of the goods being shipped. Safariis will not be held liable as a result of any impact suffered in connection with an item not picked or delivered on time.


The General Rules Tariffs, as set forth by the carriers, will in every instance take precedence in all legal proceedings and when applicable, will take precedence over the Broker’s TERMS AND CONDITIONS stated herein. If not stated within the carrier’s General Rules Tariff, the Broker’s TERMS AND CONDITIONS as stated herein shall control. In the case of conflict between the TERMS AND CONDITIONS contained herein and those set forth by the individual selected carrier’s General Rules Tariff, the selected carrier’s General Rules Tariff shall control. All Terms, including, but not limited to, all the limitations of liability shall apply to the selected carrier and their agents and contracted carriers.

3.1 BILLS OF LADING

 
All Bills of Lading are NON-NEGOTIABLE and have been prepared by the enrolled Customer or by Broker as Customer’s agent on behalf of the Customer and shall be deemed, conclusively, to have been prepared by the Customer and to bind the Customer. The Items Confirmation process at the portal can be deemed as a bill of lading since it comports the totality of the items in the container/partition/box, providing the customer used it to capture the required information. Once confirmed, the container/partition/box cannot be edited or altered.  Any unauthorized alteration or use of Bills of Lading or tendering of shipments to any carrier other than that designated by the Broker, or the use of any Bill of Lading not authorized or issued by the Broker shall VOID the Broker’s obligations to make any payments relating to this shipment and VOID all rate quotes.

 

3.2. AGREEMENT TO TERMS
Customer agrees that international and domestic carriage by a Carrier of any shipment tendered using Safariis Shipping shall be in accordance with the terms, conditions and limitation of liability set on the non-negotiable BOL, Air Waybill, Label, Manifest, or Pick-up record (collectively “shipping documentation”) and as appropriate any transportation agreement between customer and Broker and/or Carrier covering such shipment and in any applicable Tariff, Service Guide, or Standard Conditions of Carriage, which are incorporated into this agreement by reference. If there is a conflict between the shipping documentation and any such document then in effect or this agreement, the transportation agreement, Tariff Service Guide, Standard Conditions of Carriage, or this agreement will control in this order of priority.

 

If a shipment originated outside U.S., the contract of carriage is with the Broker’s subsidiary, branch, or independent contractor who originally accepts the shipment. Your use of this web site shall not alter your responsibility for the preparation and accuracy of shipping documentation including export/import.

3.3. PRINTED SIGNATURE


You acknowledge that if you process shipments to locations outside the country where your shipment originates, you must enter, to print in lieu of a manual signature on the Air Waybill, the name of the person completing the Air Waybill for all such shipments tendered using Safariis Shipping. You further acknowledge that such printed name shall be sufficient to constitute signature of the Air Waybill on your behalf for the purpose of the Warsaw Convention and for all other purposes, and your acceptance of the Carrier’s terms and conditions of carriage contained in the applicable Carrier’s Service Guide, Standard Conditions, Tariff Air Waybill or transportation agreement under which the shipment is accepted by the Carrier, Broker, or its independent contractor.

 

3.4. CUSTOMER WARRANTIES 


The Customer is responsible for and warrants their compliance with all applicable laws, rules, and regulations including but not limited to customs laws, import and export laws and governmental regulation of any country to, from, through or over which the shipment may be carried. The Customer agrees to furnish such information and complete and attach to this Bill of Lading such documents as are necessary to comply with such laws, rules and regulations. The Broker assumes no liability to the Customer or to any other person for any loss or expense due to the failure of the Customer to comply with this provision. Any individual or entity acting on behalf of the Customer in scheduling shipments hereunder warrants that it has the right to act on behalf of the Customer and the right to legally bind Customer.

 

3.5. NECESSARY DOCUMENTATION


The Customer is required to use the Broker’s system generated Bill of Lading. If the Customer does not complete all the documents required for carriage, or if the documents which they submit are not appropriate for the services, pick up or destination requested, the Customer hereby instructs the Broker, where permitted by law, to complete, correct or replace the documents for them at the expense of the Customer. However, the Broker is not obligated to do so. If a substitute form of Bill of Lading is needed to complete delivery of this shipment and the Broker completes that document, the terms of this Bill of Lading will govern. The Broker is not liable to the Customer or to any other person for any actions taken on behalf of the Customer under this provision.

 

3.6. PAYMENT


All charges are payable in US Dollars and are due at the time of checkout of the container/partition/boxes.  All shippers, consignors, consignees, freight forwarders or freight brokers are jointly and severally liable for the freight charges relating to this shipment. These charges and adjustments, if any, will be automatically debited to the Customer’s credit card or bank account on file.

 

The Customer shall be liable, jointly and severally, for all charges payable on account of such Customer’s shipment, including but not limited to transportation, fuel and other applicable accessorial charges, including all adjustments issued by the carrier(s) after the shipment, and all duties, customs assessments, governmental penalties and fines, taxes, and Broker’s attorney fees and legal costs allocable to this shipment and/or all disputes related thereto. The Broker shall have a lien on the shipment for all sums due it relating to this shipment or any other amounts owed by Customer. The Broker reserves the right to amend or adjust the original quoted amount or re-invoice the Customer if the original quoted amount was based upon incorrect information provided at the time of the original quote or if additional services by the carrier were required or otherwise authorized by the Customer to perform the pick up, transportation and delivery functions therein. 

3.7. CLAIMS AND LIMITATIONS OF LIABILITY 


The individual carrier’s governing General Rules Tariff determines the standard liability cargo insurance coverage offered by all carriers. If the shipment contains freight with a predetermined exception value, as determined by the selected carrier, the maximum exception liability will override the otherwise standard liability coverage. The filing of a claim does not relieve the responsible party for payment of freight charges. Freight payment is necessary in order for a carrier to process a claim. All freight cargo claims should be submitted immediately to the Broker to help ensure timely resolution. The Broker will attempt to assist in the resolution of freight claims, but has no responsibility or liability therefore. No claim will be reviewed until all shipping and related charges have been paid to Broker. All packaging and containers must be made available for inspection by Broker. Insurance claim payments, minus $100.00 USD deductible, will be made in U.S. dollars. Please contact the Broker for more details regarding carrier insurance or carrier liability.

Where Broker files damage claim with carrier on behalf of Customer and receives recovery funds, The Broker has a lien on such recovery amounts and reserves the right to apply recovery amounts to open past due invoices on account. This includes recovery amounts received from carrier for freight charges and/or product damage claim amounts.

The Broker is not liable for any loss, damage, mis-delivery or non-delivery caused by the act, default or omission of the Carrier. The Broker is not liable for any loss, mis-delivery or non-delivery caused by the act, default or omission of the Customer or any other party who claims an interest in the shipment, or caused by the nature of the shipment or any defect thereof. The Broker is not liable for losses, mis-delivery or non-delivery caused by violation(s) by the Customer of any of the TERMS AND CONDITIONS contained in the Bill of Lading or of the carrier’s General Rules Tariff including, but not limited to, improper or insufficient packing, securing, marking or addressing, or of failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions. The Broker is not liable for losses, mis-delivery or non-delivery caused by the acts of God, perils of the air, public enemies, public authorities, acts or omissions of Customs or quarantine officials, war, riots, strikes, labor disputes, weather conditions or mechanical delay or failure of aircraft or other equipment. The Broker is not liable for failure to comply with delivery or other instructions from the Customer or for the acts or omissions of any person other than employees of the Broker.

Subject to the limitations of liability contained in the Bill of Lading and the carrier’s General Rules Tariff, the Broker shall only be liable for loss, damage, mis-delivery or non-delivery caused by the Broker’s own gross negligence. The Broker’s liability therefore shall be limited to the fees that the Broker has earned with respect to the subject shipment.

THE BROKER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO DELIVERIES OR WITH REGARD TO THIS WEBSITE, INFORMATION PROVIDED ON THIS WEBSITE OR SERVICES RELATED TO TRANSACTIONS CONDUCTED ON THIS WEBSITE. THE BROKER CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE. IN ANY EVENT, THE BROKER SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT THE BROKER HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.

3.8. RATES 


Domestics LTL rates are based on the freight class as determined by the NMFC (National Motor Freight Classification) and are weight based. All displayed transit times are estimates only and do not include day of pickup. LTL pickup dates are not guaranteed. Broker will not process TL shipments through this service. Rates for TL shipments can be negotiated directly with Safariis Shipping.

 

3.9. GUARANTEED SERVICES 


Guaranteed LTL Services are inclusive of transit times only as noted by the Carrier selected. Guaranteed LTL Service transit times do not include holiday and/or no service days as defined by the individual Carrier. Guaranteed LTL Service shipments must be scheduled before 3:00 pm the day of pickup, and must be picked up no later than 5:00 pm. Deliveries requiring special services, equipment, liftgates, COD, order notifications, or appointments are not eligible for Guaranteed LTL Service. Shipments not delivered within date/time specified on the bill of lading may not be considered a service failure when the reason for the delivery delay is deemed as no fault of the Carrier. These reasons could include, but are not limited to, the following conditions: acts of God; the existence of violence, riots, military action or such possible disturbance as creating reasonable apprehension of danger; acts or omissions by: shipper, consignee, owner of goods or public authority; delays due to customs clearance or documentation required for movement of shipment; closure of federal, state, city or local roads, streets, or highways resulting in travel delays by Carrier; shipments not accepted by the consignee when offered for delivery. Additional terms and conditions may apply according to the Carrier’s published Rules Tariff. This service is not a guarantee for pickup. Pickup Day is not included in the qualification and calculation of transit time. In the event of Carrier failure to comply with the guaranteed service requested, the Broker will cancel 100% of shipment charges on customer request. If the shipment charges have already been paid, then a refund will be issued in the amount of the paid charges. In no event shall the Broker be liable nor will any account be credited if the customer does not use the broker’s bill of lading.

 

3.1.0 DOMESTIC TRANSIT INSURANCE 


Through the purchase of the quoted cargo insurance, underwritten by RAMON USA Insurance Company and issued to the customer directly, The enrolled Customer will receive an insurance policy equal to the declared value amount entered.

 

FAILURE TO PURCHASE CARGO INSURANCE WILL RESULT IN CUSTOMER BEING LIMITED TO RECOVERY PURSUANT TO THE TERMS OF CARRIER’S GENERAL RULES TARIFF.

Upon completion of the purchasing and approval process, including cargo insurance coverage acceptance and final shipment confirmation, a Certificate of Insurance will be issued to the indicated Certificate Holder by the end of the next business day. The Certificate of Insurance is underwritten and issued by RAMON USA Insurance Company  under policy # QM363300 and the purchaser is bound by the terms and conditions of the cargo insurance policy purchased. 

The Broker has no responsibility, liability or involvement in the issuance of insurance, the denial of insurance, or in the payment of claims. In the event of cargo loss or damage, the Certificate Holder is to contact the Claim Agent noted on the Certificate of Insurance immediately. If the loss or damage is apparent, the consignee must note such loss or damage information on the Bill of Lading/delivery receipt. If the loss or damage is not apparent (concealed), the Certificate Holder must contact the Claims Agent noted on the certificate within 3 days after taking delivery.

4. THE COVERAGE

The Policy covers goods in transit within the Continental United States and/or Canada, subject to the terms and conditions contained therein. Coverage is from door to door during the ordinary course of transit.

i.) INSURING CONDITIONS
All Risks of Physical Loss or Damage from any external cause.

ii.) EXCLUSIONS : Inherent Vice, inventory shortages or mysterious disappearance, nuclear reaction or nuclear radiation or radioactive contamination or insufficient packing

iii.) Limit any one conveyance: $250,000.00

The general policy covers New General Merchandise only. Special quotes can be obtained for alcoholic beverages, tobacco, bagged goods, cell phones, firearms (currently not authorized), jewelry, precious metals, bank notes, securities, works of art, valuable papers, computer chips, circuit boards, dangerous goods (currently not authorized), antiques, used goods, glass, ceramics, marble, fresh and frozen foods, confectionary, asbestos, tiles, furs, live animals, bulk commodities perishable goods, paper, newsprint, lumber, logs and plywood. The Customer warrants that the interest insured hereunder is in good condition at the commencement of coverage. No claim for loss and/or damage shall attach unless, immediately on the first discovery of any loss and/or damage to any part of the interest hereby insured, written notice shall have been given to RAMON Insurance Company. In no event shall any claim be recoverable hereunder unless notice is given to RAMON Insurance Company within thirty days of the termination of this insurance.

Disclaimer: The above is a general overview of the Inland Transit Endorsement that forms part of the Open Policy mentioned above

5. RIGHT TO REJECT REQUEST FOR SHIPPING SERVICE


Broker reserves the right to reject any request for shipping in its sole discretion. Without limitation, any shipment containing any item that is considered a restricted article or hazardous material by the Department of Transportation (DOT), International Air Transport Association (IATA), or the International Civil Aviation Broker (ICAO), will not be shipped by Broker. Shipments containing items that cannot be transported legally or safely, include, but are not limited to:

  • Animals (pets are not authorized.  Farm animals are authorized for transport)

  • Plants

  • Chemicals (not authorized)

  • Perishables

  • Currency

  • Precious Metals

  • Explosives (not authorized)

  • Precious Stones

  • Liquor

  • Negotiable items in Bearer Form

For further information concerning items that cannot be shipped by Broker, please contact Safariis.

6. OBLIGATION OF BROKER 

Broker and its agents and carriers agree to use commercially reasonable efforts to, either directly or indirectly:

(a) match the item(s) of each shipment against the item(s) set forth on the shipping directions from Customer; (b) inspect each shipment and note all apparent damage on the appropriate freight bill, delivery receipt, or similar document evidencing delivery, and notify Customer of such damage; and (c) deliver all shipments to locations directed by Customer. Broker may ship the items by any means, including truck, air, vessel, or any other carrier, unless Customer gives specific electronic or written instructions to the contrary.

7. CUSTOMER RELEASE OF LIABILITY 

Broker shall not be held liable by Customer for the following:

  • Accuracy of item description, its contents, or its condition.

  • Any other limit of liability related to the item being shipped.

8. INDEPENDENT CONTRACTOR 

Broker shall be an independent contractor with respect to Customer, and nothing herein contained shall be construed to be inconsistent with such relationship or status.

Broker shall engage and/or subcontract with such entities and/or individuals as it may deem necessary or appropriate in connection herewith, it being understood and agreed that such entities or individuals shall be subcontractors of Broker only and shall be subject to discipline and control solely and exclusively by Broker.

9. OBLIGATION OF CUSTOMER 

Customer represents and warrants to Broker as follows: (a) all items to be shipped will be completely and accurately marked to enable identification of the contents without opening any shipping or storage containers; (b) Customer will make every effort to accurately measure the dimensions and weights of all items and understands that the Broker rate depends upon the accuracy of this information (c) Customer’s authorized representative(s) shall be identified to Broker’s agent or coordinator and shall be available at all times at the point of origination to sign, and shall sign all documents evidencing pick-up of the items to be shipped by Broker; and Customer is the legally documented owner of all property received by Broker, and/or is authorized to cause such property to be stored and otherwise controlled by Broker as provided in the applicable Bill of Lading.

10. CARRIER’S AND WAREHOUSEMAN’S LIEN 

Customer acknowledges that Broker and its subcontractors have both a carrier’s and warehouseman’s general lien on all of the tangible personal property being handled pursuant to any Bill of Lading. This lien may be enforced by Broker and its subcontractors at any time at either a public or private sale with or without a judicial hearing. Customer also grants Broker a security interest in tangible personal property being handled under any Bill of Lading until Customer has fully satisfied all liabilities, whenever occurring, owed to Broker. Broker is authorized to file financing statements under the Uniform Commercial Code covering any such tangible personal property without Customer’s signature, and Broker shall have all the rights and remedies of a secured party under the Uniform Commercial Code.

11. LIMITATION OF WARRANTY 

EXCEPT AS OTHERWISE PROVIDED HEREIN, Broker MAKES NO WARRANTIES FOR THE SERVICES AND HEREBY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.

12. COMPLIANCE WITH LAW 

Each party shall, at all times while these TERMS AND CONDITIONS are in effect and at its own expense, comply with all applicable federal, state, and local laws, rules and regulations, and shall maintain in full force and effect all licenses and permits required for performance under these TERMS AND CONDITIONS.

13. FORCE MAJEURE

Any delay or failure of performance of either party to these TERMS AND CONDITIONS shall not constitute a breach or default of these TERMS AND CONDITIONS or any Bill of Lading, or give rise to any claims for damages, if and to the extent that such delay or failure is caused by an occurrence beyond the control of the party affected, including, but not limited to, acts of governmental authorities, acts of God, the discovery of materially different site conditions, wars, riots, rebellions, sabotage, fire, explosions, accidents, floods, strikes, lockouts, or changes in laws, regulations, or ordinances. In the event that a party intends to invoke this force majeure provision, that party shall provide prompt notice to the other party as soon as possible after the occurrence of the event giving rise to the claim of force majeure.

14. ENTIRE AGREEMENT

These TERMS AND CONDITIONS together with all Bills of Lading entered into between the parties completely and exclusively states the agreement of the parties regarding the subject matter hereof and supersedes all prior negotiations, representations or agreements with respect to the subject matter hereof, written or oral, and may be amended only by written instrument signed by all parties hereto. If any part of these TERMS AND CONDITIONS is found unenforceable, it will not affect the validity or enforceability of any other provision of these TERMS AND CONDITIONS.

15. GOVERNING LAW

THE VALIDITY, PERFORMANCE AND CONSTRUCTION OF THESE TERMS AND CONDITIONS AND ALL BILLS OF LADING HEREUNDER SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MARYLAND.

Any claim, dispute or litigation relating to these TERMS AND CONDITIONS, any shipment scheduled or tendered hereunder or through the Broker’s website, or relating to any and all disputes between the Broker and the enrolled Customer, shall be filed in the Court having jurisdiction within the State of Maryland.

16. VENUE AND PERSONAL JURISDICTION

Any action arising out of or relating to theses TERMS AND CONDITIONS and all Bills of Lading contemplated hereunder will be exclusively venued in a state or federal court situated within the State of Maryland. Customer hereby irrevocably consents and submits to the personal jurisdiction of said courts for all such purposes.

17. COUNTERPARTS 

Facsimile and Electronic Signatures: These TERMS AND CONDITIONS and all Bills of Lading entered into hereunder may be executed in two or more counterparts, each of which will be considered an original, but all of which together will constitute one and the same instrument. These TERMS AND CONDITIONS and all Bills of Lading entered into hereunder may be executed by facsimile signature or by any other electronic means and such signatures shall be deemed to be originals for all purposes under these TERMS AND CONDITIONS and any Bill of Lading.

18. ELIGIBILITY 

The Website is provided by Safariis Shippingand available only to entities and persons over the legal age of majority who can form legally binding contract(s) under applicable law. If You do not qualify, You are not permitted to use the Web Site.

19. SCOPE 

These Terms of Use govern Your use of the Web Site and all applications, software, and services (“Services”) available on the Web Site.

20. MODIFICATION 

Safariis may revise and update these Terms of Use at any time. Your continued usage of the Web Site after any changes to these Terms of Use will mean You accept those changes. Any aspect of the Web Site may be changed, supplemented, deleted or updated without notice at the sole discretion of Safariis Shipping. Safariis Shippingmay also change or impose fees for products and services provided through the Web Site at any time in its sole discretion.

21. LICENSE AND OWNERSHIP 

Any and all intellectual property rights (“Intellectual Property”) associated with the Web Site and its contents (the “Content”) are the sole property of Safariis, its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. The Components of the Web Site are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Web Site are the trademarks, service marks or trade dress (“Marks”) of Safariis Shipping, its affiliates or other entities that have granted Safariis Shipping the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Safariis Shipping. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without Safariis Shipping’ or the appropriate third party’s prior written permission. Except as expressly provided herein, Safariis Shipping does not grant to You any express or implied rights to Safariis Shipping’ or any third party’s Intellectual Property. Safariis grants you a limited, personal, non-transferable, non-assignable, revocable license to (a) access and use the Web Site, Content and Services only in the manner presented by Safariis, and (b) access and use the Safariis computer and network services offered within the Web Site (the ” Safariis Shipping”) only in the manner expressly permitted by Safariis. Except for this limited license, Safariis does not convey any interest in or to the Safariis, information or data available via the Safariis (the “Information”), Content, Services, Web Site or any other Safariis property by permitting You to access the Web Site. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold, redistributed, reverse-engineered without the prior written consent of Safariis Shipping. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by Safariis Shipping.

22. PROHIBITED USES 

In addition to other conditions set forth in these Terms of Use, You agree that:

  • You shall not disguise the origin of information transmitted through the Web Site.

  • You will not place false or misleading information on the Web Site.

  • You will not use or access any service, information, application or software available via the Web Site in a manner not expressly permitted by Safariis Shipping.

  • You will not input or upload to the Web Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Web Site or Information or that infringes the Intellectual Property (defined below) rights of another.

  • Certain areas of the Web Site are restricted to customers of Safariis Shipping.

  • You may not use or access the Web Site or the Safariis Shipping or Services in any way that, in Safariis Shipping’ judgment, adversely affects the performance or function of the Safariis Shipping, Services or the Web Site or interferes with the ability of authorized parties to access the Safariis Shipping, Services or the Web Site.

  • You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of Safariis Shipping.

23. TERMINATION 

You agree that Safariis Shipping, in its sole discretion, may terminate or suspend Your use of the Web Site, the Safariis Shipping, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue use of the Web Site, and (b) destroy any copies You have made of any portion of the Content. Accessing the Web Site, the Safariis Shipping, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that Safariis Shipping shall not be liable to You or any third party for any termination or suspension of Your access to the Web Site, the Safariis Shipping, Information and/or the Services.

24. DISCLAIMER OF WARRANTIES 

SAFARIIS SHIPPING MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEB SITE, THE SAFARIIS SHIPPING, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.

THE WEB SITE, THE SAFARIIS SHIPPING, THE INFORMATION, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. Safariis Shipping, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. Safariis ShippingAND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEB SITE OR THE SAFARIIS SHIPPING. NO INFORMATION OBTAINED BY YOU FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY SAFARIIS SHIPPING IN THESE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

25. LIMITATION OF LIABILITY 

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT Safariis ShippingIS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, Safariis ShippingIS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Safariis Shipping, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEB SITE, THE SAFARIIS SHIPPING, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SAFARIIS SHIPPING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

26. GOVERNING LAW AND JURISDICTION

To the fullest extent permitted by law, these Terms of Use are governed by the laws of the State of Maryland. To the fullest extent permitted by law, you hereby expressly agree that any proceeding arising out of or relating to your use of the web site, the Safariis Shipping services and tools, information, services and content shall be instituted in a state or federal court located in the county of Montgomery and the State of Maryland and you expressly waive any objection that you may have now or hereafter to the laying of the venue or to the jurisdiction of any such proceeding. You agree that any claim or cause of action arising out of or related to your use of the web site, the Safariis Shipping, information, services and/or content must be filed within one (1) year after such claim or cause of action arose.

27. GENERAL

You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

28. COMPLETE AGREEMENT 

Except as expressly provided in a separate license, service or other written agreement between you and Safariis Shipping, these Terms of use constitute the entire agreement between you and Safariis Shipping with respect to the use of the website, the Safariis Shipping Services and tools, and any software or service, information and content contained therein, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.