Logistics and Shipping Industry

Our terms & conditions

Last update: 22 March 2023

General Use:

Your access to and use of Sai Wan's website (www.saiwanshipping.com) is subject to the terms and conditions set forth below. By accessing or using the website, you agree to be bound by these terms and conditions. Sai Wan does not recognize any conflicting terms or conditions, unless they are expressly agreed to in writing.

Scope:

These Terms of Use apply to your use of the website and all of the services available through the website. Some areas of the website may be restricted to customers or potential customers of Sai Wan, and the use of these areas may be subject to additional terms and conditions ("Terms of Service") that are posted elsewhere on the website. These Terms of Service govern the use of particular functions, features, information, and applications, and are displayed on the page where these services are offered. When these Terms of Service apply, you will be clearly notified and required to accept them before you can use the related service or feature.

Definitions:

"Sai Wan" or "we" means Sai Wan, its subsidiaries, and affiliates.
"Website" means the www.saiwanshipping.com website and other websites owned and operated by Sai Wan, as well as the content, marks, and services available on the website.
"Content" means the information, graphics, products, and features that are available on the website.
"Mark" means trademark, trade name, service mark, trade dress, custom graphics, or icons.
"Services" means the software, applications, and other services that are available on the website.
However, the terms "website," "Marks," "Content," and "Services" do not include third-party websites, trademarks, service marks, trade names, information, graphics, products, features, software, applications, or other services that are provided by third parties and available through a link from the website. The use of these other items is subject to the terms set forth by their respective owners or operators on the third-party websites.

Website Use and Access:

By accessing this website and/or any of its subsites, you agree to use the website only for the purposes for which it was created – to access general or specific information about Sai Wan and its services – in accordance with Sai Wan's Terms of Use as displayed on the website at the time of use.
You are prohibited from using the website for any purpose other than the purposes for which it was created ("Prohibited Uses").
Prohibited Uses include, but are not limited to, the following:
Using the website in a way that violates applicable laws and/or the rights (including, without limitation, intellectual property rights) of Sai Wan or others.
Uploading, transferring, and/or disseminating files or information that can damage or compromise Sai Wan's or others' computer software or hardware.
Using screen scraping and/or data scraping technologies (such as creating lists of voyage dates, fare information, internet keywords, URLs, and other information) in a way that circumvents technical safeguards (IP blocks and/or CAPTCHA).
Deploying or attempting to deploy software or other processes that disrupt the proper functioning of the website or disrupt other activities undertaken in connection with the website.
Executing a function on the website in a way that results in disproportionately or uneconomically high loads being placed on the website's infrastructure.
Disrupting the website's connection to the server and/or to network, or disregarding the requirements, processes, recognized principles, and protocols of networks to which the website is connected.
Disclosing passwords to non-public areas of the website to unauthorized third parties or using such passwords in an unauthorized manner
Sai Wan prohibits the use of search engines, software, tools, agents, or other automated processes that circumvent technical safeguards (IP blocks and/or CAPTCHA) to search and use the website in a manner other than that prescribed by Sai Wan or by means other than commonly available browsers (e.g., Internet Explorer, Firefox, Chrome).
Attempting to decrypt, disassemble, decompile, or reverse engineer software that constitutes the website or parts of the website is also strictly prohibited.
Displaying content from the website in the form of frames on other websites is prohibited.
Collecting or storing personal data pertaining to other users of this website and/or to employees of Sai Wan is not allowed.
Reproducing, copying, on-selling, or otherwise commercially exploiting legally protected content from the website or parts of it without first obtaining Sai Wan’s express permission, especially by trying to circumvent technical safeguards, is prohibited.
Gaining access to data that is not intended for you personally, scanning or testing the vulnerability of the system or network without express permission, or bypassing authentication levels or breaking security protocols without express permission is prohibited.
Disrupting or in any way impairing the website’s connection to the client, host, or network using means such as, but not limited to, viruses, overloading, flooding, spamming, mail bombing, or crashing is also prohibited.
In addition to any other rights it may have under applicable laws, Sai Wan reserves the right in its sole discretion to block your access to this website permanently or temporarily if you engage in any Prohibited Uses.
Sai Wan reserves the right, at its sole discretion, to take legal action against you in order to recover any and all damages (including reputational damages and legal and administrative costs) incurred as a result of Prohibited Uses engaged in by you, and to forward to criminal prosecution and other public authorities any information it deems relevant for the due enforcement of applicable laws.
You agree to use the website in strict compliance with all applicable laws, rulings, and regulations and in a fashion that does not negatively reflect on the goodwill or reputation of Sai Wan.
In addition to other restrictions set forth in these Terms of Use, you agree that you will not present false information about Sai Wan or its services.
Implying in any fashion that Sai Wan is endorsing your products or services is not allowed.
Using or accessing the website in any way that, in Sai Wan’s judgment, adversely affects the performance or function of the website, or any other computer systems or networks used by Sai Wan, other website users, or Sai Wan clients is not permitted.
Uploading or transmitting to the website any information that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere with, intercept or appropriate any system or the website, or that infringes the rights of a third party is strictly prohibited.
Disguising the origin of information transmitted through the website or placing false or misleading information on the website is prohibited. Disclosing passwords to non-public areas of the website to unauthorized third parties or using such passwords in an unauthorized manner is also not allowed.
All copyright and other intellectual property rights in the design and content of this website are and will remain the property of Sai Wan. You are permitted to download the website or parts of it only for personal use.
Excepted from this are specific instances in which we expressly direct or enable you to make commercial use of the website (e.g., if we direct you to download specific forms or information). All other commercial uses, including duplication, modification, and, in particular, dissemination in return for payment (on-selling), are prohibited.
Where we refer via links or hyperlinks to other websites or web pages, we assume no liability or responsibility for the privacy policies or the content of those pages. The links are provided solely for information or advertising purposes and in no way give rise to any legally binding obligations on the part of Sai Wan.

No liability for erroneous information

While the information provided via the Website is accurate and correct to the best of Sai Wan’s knowledge, it may nevertheless contain errors and inaccuracies. The information is provided “AS IS,” and Sai Wan makes no representations and gives no warranties, express or implied, as to its correctness or completeness.
Sai Wan therefore accepts no liability for any errors or omissions in the information provided via the Website or for any consequences arising from the use of the information provided via the Website.
Arrangements contrary to or inconsistent with this exclusion of liability are valid only if they are expressly agreed in writing between Sai Wan and yourself or if Sai Wan demonstrates a manifest intention to vouch for the correctness of the information.

Modifications to terms of use

We may revise and update the Terms of Use and Privacy Policy at any time, and will post a notice to this effect on the first page of the website. Your subsequent use of the website after any changes of these Terms will mean that you accept these changes and modifications.

Termination

Sai Wan, in its sole discretion, may block, terminate, or suspend your use of the website 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 termination or suspension, you must immediately discontinue use of the website, and destroy any copy you have made of any portion of the website.
Accessing the website after such termination, suspension, or discontinuation shall constitute an act of trespass. Sai Wan shall not be liable to you or any third party for such suspension or termination.

Disclaimer

The Content and Services are intended for informational purposes only. Although we exercise reasonable efforts to ensure their quality and accuracy, there might be errors, or the information provided may not be complete, current, or applicable to your particular situation. You should not take any action based on the information in this website.
The Content and Services are provided without any warranties or representations to their quality, accuracy, completeness, or timeliness. B
lue Wave Shipping assumes no liability or responsibility for any errors or omissions in the Content or Services.
Sai Wan makes all reasonable attempts to exclude viruses from this website, but cannot ensure that the website is at all times free from viruses or other destructive software. Please take appropriate safeguards before downloading information from this website.
Sai Wan assumes no responsibility, and shall not be liable for, any damages caused by computer viruses that may infect your computer equipment or other property, resulting from use of the website, or downloading of anything from the website.

Disclaimer of warranties

The Website is provided “as is.” Sai Wan, its licensors, and its suppliers, disclaim all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third parties’ rights.
Some jurisdictions do not allow limitations on implied warranty. Therefore, 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.

Limitation of damages

Use of the Sai Wan website is at your own risk. In no event shall Sai Wan be liable to you or any person or entity claiming through you for any direct, indirect, incidental, special, consequential, or other damages arising out of or resulting from the use of or inability to use the website, including, without limitation, lost profits, lost revenues, or damages resulting from lost programs or data, business interruption, or otherwise. This liability is based on contract, warranty, tort, or other theory, and whether or not Sai Wan has been advised of the possibility of such damages.
If, despite the above, Sai Wan is found responsible for any damages to you or anyone claiming through you, its liability shall be limited to $100 in total. You release and agree to indemnify and hold harmless Sai Wan and its officers, directors, employees, and agents from any and all claims, demands, causes of action, liabilities, damages, costs, and expenses, including reasonable attorney’s fees, arising from your use of the website.
Your use of the website is governed exclusively by the laws of the United Arab Emirates. The competent courts of territorial jurisdiction in the United Arab Emirates have exclusive jurisdiction to hear all disputes between you and Sai Wan arising in relation to or under these Terms of Use or any agreement concluded under these Terms of Use.