"Force Majeure Event" in relation to a person or entity shall mean an event beyond that person's or entity's reasonable control, including but not limited to: acts of God; fire; flood; explosion; storm; disaster; vandalism; power surge or outage; cable cut; disruptions or failures in telecommunication systems or equipment or electrical power or supply; server crashes; back-up failures; disruptions to or failure of Internet access or connectivity; serious accidents; epidemics or quarantine restrictions; any law, order, regulation, direction, action or request of any government (including state and local governments) or any civil or military authority, or of any dependent agency, commission, court, bureau, corporation or other instrumentality thereof; allocation regulations or orders affecting materials and/or the supply thereof; national emergencies, insurrections, riots, civil commotion, war or warlike operations; strikes, lockouts, work stoppages or labour disputes, troubles or difficulties; delays in transportation; supplier failures, shortages, breaches or delays; or inability after due and timely diligence to procure materials, accessories, equipment or parts.
"Overall Content" shall mean the EMAL Content, the Third Party Content, and any and all attachments transmitted through this website.
"Specific Terms" shall mean the respective terms and conditions applicable to Specific Services, including those prescribed or imposed by EMAL in relation to such Specific Services, or those contained in respective agreements entered into between Visitors and EMAL in relation to such Specific Services.
"Third Party Content" shall mean those content or materials (including text and images) in this website the titles, rights and interests in or to which are not owned by EMAL but by the respective Third Party Licensors.
"Third Party Licensors" shall mean the respective owners of the titles, rights and interests in or to the Third Party Content.
"Visitor" shall mean the individual who, or the entity whose agent, accesses or uses this website, the services provided in this website, or any of the Overall Content.
- Application of other terms and conditions
- (b) only to the extent that such conflict or inconsistency cannot be so resolved, the provisions of the Specific Terms shall prevail.
- Intellectual Property
Unless otherwise expressly stated:-
- (a) all titles, rights and interests (including without limitation copyright) in respect of the EMAL Content belong to EMAL, and nothing herein confers on the Visitor any title, right or interest in respect thereof; and
- (b) all titles, rights and interests (including without limitation copyright) in respect of Third Party Content belong to the respective Third Party Licensor, and nothing herein confers on the Visitor any title, right or interest in respect thereof.
- Use of EMAL Content
Visitors to this website may use the EMAL Content solely and exclusively for personal or internal purposes. The Visitor may download and/or reproduce limited portions of the EMAL Content on an occasional ad hoc basis and distribute such EMAL Content internally, solely and exclusively for personal or internal purposes;
PROVIDED HOWEVER THAT:-
Downloading, reproduction, distribution and/or use of any EMAL Content does not transfer any title, right or interest in or to such EMAL Content, and such EMAL Content may be downloaded, reproduced, distributed and/or used only in accordance with this paragraph 4.
- (a) the use, reproduction and distribution of such EMAL Content (either in hard copy or electronic form) is not done in any manner which might be competitive with the EMAL's use, reproduction or distribution of such content or other content similar thereto; and
- (b) such EMAL Content is reproduced and distributed with appropriate notices, including copyright notices, indicating EMAL as the source of such EMAL Content and prohibiting any further reproduction or distribution of such EMAL Content.
Except as expressly permitted in this paragraph 4, Visitors to this website may not copy, reproduce, modify, alter, reverse engineer, disassemble, sell, transfer, rent, license, publish, distribute, disseminate in any form or otherwise allow access to all or any EMAL Content or Third Party Content.
If the Visitor is a corporation, this provision shall apply to any subsidiary, affiliate or parent of such corporation.
- Protection of Intellectual Property Rights
The Visitor expressly acknowledges that this website and the EMAL Content (or the Third Party Content, as the case may be) were prepared by the Global EMAL (or the Third Party Licensors, as the case may be) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money.
The Visitor agrees to protect all copyright and other intellectual property or other proprietary rights and interests of EMAL (or the Third Party Licensors, as the case may be) in or to this website and the EMAL Content (or the Third Party Content, as the case may be).
In addition, the Visitor shall honor and comply with reasonable written requests made by EMAL in connection with the protection, enforcement or exercise of EMAL's (or, as the case may be, the Third Party Licensors') contractual and other legal (whether statutory or common law) or equitable rights and remedies in respect of this website and the EMAL Content (or the Third Party Content, as the case may be).
EMAL reserves the right to alter or modify this website, including portions thereof, from time to time. Such alterations or modifications may include, without limitation, addition or withdrawal of features, services, data or content or changes in instructions. EMAL may also at any time suspend or discontinue all or any part of this website or the provision of updates.
- No endorsement of third parties
- (a) EMAL does not endorse or make any representation or warranty whatsoever (whether express or implied), and shall not be responsible or liable under any circumstances whatsoever, in respect of :-
Such third party websites and such third party products, services, information, data or other content (whether provided or offered therein or in or through this website) are the sole responsibility of independent third parties, and as against EMAL, the Visitor's use thereof or reliance thereon is solely at the Visitor's own risk. A Visitor's rights and remedies in respect thereof are governed solely by other applicable agreements or terms (if any) between the Visitor and the relevant third party.
- (i) any third party website hyperlinked to this website, or any products, services, information, data or other content offered or provided therein; and/or
- (ii) any product, service, information, data or other content offered or provided by third parties in or through this website.
- (b) Without prejudice to the generality of paragraph 8(a) above:-
- (i) a description or reference to a product or service in this website (including any description or reference via hyperlink) does not imply endorsement by any member of EMAL of that product or service;
- (ii) EMAL does not make any representation or warranty as to the quality, accuracy, reliability or suitability of any third party websites or any third party products, services, information, data or other content (whether provided or offered therein or in or through this website); and
- (iii) EMAL shall not be liable or responsible for any defects, deficiencies, errors, omissions or inaccuracies in any third party websites or any third party products, services, information, data or other content (whether provided or offered therein or in or through this website).
- EXCLUSION OF REPRESENTATIONS AND WARRANTIES
THIS WEBSITE AND THE OVERALL CONTENT ARE MADE AVAILABLE "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATION OR WARRANTY AS TO THEIR PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE; AND ALL REPRESENTATIONS AND/OR WARRANTIES, TO THE EXTENT CAPABLE OF BEING EXCLUDED UNDER APPLICABLE LAW, ARE HEREBY EXPRESSLY EXCLUDED BY EMAL, ITS LICENSORS, DEALERS, DISTRIBUTORS, AGENTS AND EMPLOYEES, AND ALL THIRD PARTIES (IF ANY) INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS WEBSITE AND/OR THE OVERALL CONTENT.
IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, EMAL, ITS LICENSORS, DEALERS, DISTRIBUTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES (IF ANY) INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS WEBSITE AND/OR THE OVERALL CONTENT, MAKE NO REPRESENTATIONS OR WARRANTIES AS TO, AND THE VISITOR ASSUMES THE ENTIRE RISK AS TO:-
- (A) ANYTHING CONTAINED IN, THE PERFORMANCE OF, OR THE RESULTS THAT MAY BE OBTAINED BY USING, THIS WEBSITE OR ANY OF THE OVERALL CONTENT;
- (B) THE CONSEQUENCES OF DOWNLOADING ANY ATTACHMENT TRANSMITTED THROUGH THIS WEBSITE;
- (C) THE QUALITY, ACCURACY, RELIABILITY OR SUITABILITY FOR ANY PURPOSE WHATSOEVER OF, THIS WEBSITE OR ANY OF THE OVERALL CONTENT; AND/OR
- (D) THE STANDING, CREDIT OR OTHERWISE OF ANY PERSON OR ENTITY MENTIONED IN THIS WEBSITE OR IN ANY OF THE OVERALL CONTENT.
- EXCLUSION OF LIABILITY
IN NO EVENT SHALL EMAL, ITS LICENSORS, DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES, OR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS WEBSITE OR ANY OF THE OVERALL CONTENT BE LIABLE FOR:-
- (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, SECONDARY, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE OR ANY OF THE OVERALL CONTENT (SUCH AS BUT NOT LIMITED TO LOSS OF DATA, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION OR DELAY, OR LOSS OF ANTICIPATED REVENUE, PROFITS OR BENEFITS, OR ANY ECONOMIC OR FINANCIAL LOSS), WHETHER BASED UPON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND EVEN IF THEY WERE AWARE OF, WERE ADVISED OF, OR OUGHT TO HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES;
- (B) ANY CONSEQUENCES OF DOWNLOADING OR USING ANY ATTACHMENT TRANSMITTED THROUGH THIS WEBSITE;
- (C) ANY FAILURE, DELAY, DISRUPTION OR INTERRUPTION IN, OF OR TO THIS WEBSITE, HOWSOEVER CAUSED OR ARISING;
- (D) ANY FAILURE, DELAY, DISRUPTION OR INTERRUPTION IN, OF OR TO THE TRANSMISSION OR RECEPTION OF ANY DATA OR INFORMATION THROUGH THIS WEBSITE, HOWSOEVER CAUSED OR ARISING;
- (E) ANY DEFECT, DEFICIENCY, BREAKDOWN OR FAILURE OF ANY SOFTWARE OR ANY EQUIPMENT OR SYSTEM (WHETHER OR NOT MAINTAINED OR OPERATED BY EMAL OR ANY OTHER PERSON), HOWSOEVER CAUSED OR ARISING;
- (F) ANY LOSS, CORRUPTION, DELETION OR DAMAGE OF OR TO ANY DATA OR INFORMATION (WHETHER BELONGING TO, PROVIDED BY OR STORED BY THE VISITOR OR OTHERWISE) WHICH IS TRANSMITTED TO OR STORED IN ANY SYSTEM OR EQUIPMENT (WHETHER OR NOT MAINTAINED OR OPERATED BY EMAL, THE VISITOR OR ANY OTHER PERSON), HOWSOEVER CAUSED OR ARISING;
- (G) ANY BREACH, FAILURE OF PERFORMANCE OR DELAY CAUSED BY A FORCE MAJEURE EVENT; AND/OR
- (H) ANY DEFECTS, DEFICIENCIES, ERRORS, OMISSIONS OR INACCURACIES IN THIS WEBSITE OR IN ANY OF THE OVERALL CONTENT.
- LIMITATION OF LIABILITY
- Entire agreement
Failure of either party to insist at any time upon strict compliance with any provision herein or to seek remedy of any breach shall not constitute or be construed as a waiver of such provision or breach, or of any other rights or remedies.
- Governing Law & Jurisdiction