Site Terms
Last updated March 2024
Oceangalaxy Ltd. (“Oceangalaxy”, “Company”, “we”, “our” or “us”) welcomes you (“User” or “you”) to our primary website at Oceangalaxy.vn, and any of its sub-domains, or any other Oceangalaxy websites which specifically links to these Terms, as defined below (collectively, the “Site”). Our Site offers you information about our company, our services and our various marketplaces and enables you, among others, to contact us, connect to third parties through our marketplaces, request a demo, all as further detailed below.
You may use the Site (or any part thereof) only in accordance with the terms and conditions hereunder.
Please note that your use of Oceangalaxy’s services is governed by a separate definitive agreement (“Services Agreement"). These Terms govern only your access to and use of the Site and do not override or nullify the Services Agreement, which remains in full force and effect in relation to your use of Oceangalaxy’s services. To the extent there is an inconsistency between these Terms and the Services Agreement, these Terms will prevail solely in relation to your use of and access to the Site.
Acceptance of the Terms
By visiting, accessing and/or using the Site, you agree to be bound by these terms and the terms of the Website Privacy Policy available at https://oceangalaxy.vn/privacy-policy/ (the “Website Privacy Policy”, and collectively - the “Terms”).
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SITE (OR ANY PART THEREOF).
The Site (or any part thereof) is not allowed for use by individuals who are under the age of eighteen (18) years old (see Section 4 below).
Services Demo and Contact Us
If you wish to receive a live demo of our services, you may request a demo via
the ‘Book a demo’ page on the Site, and we will contact you shortly afterwards to schedule the demo. In addition, the Site allows you the ability to contact us or to write to us via the contact form.
Both the ‘Book a Demo’ form and the contact form requires you to provide to us your work email address, first and last
name, and phone number. To learn more about how we may use the information you provide us when requesting a demo or contacting us, please visit our Website Privacy Policy at https://oceangalaxy.vn/privacy-policy.
Please note that you are solely responsible for the correctness, completeness and accuracy of the information you provide us.
Privacy Policy
We respect your privacy and are committed to protect the personal information you share with us in connection with the Site. Our policy and practices regarding how we use your personal information and the type of information collected by us are described in our Website Privacy Policy at: https://oceangalaxy.vn/privacy-policy. If you intend to connect to, access or use the Site you must first read and agree to the Website Privacy Policy. For the avoidance of doubt, the Privacy Policy applies only to your use of the Site. Use of the Oceangalaxy services is governed by the terms, including privacy related terms, set forth in the Services Agreement.
Minors
You may use any of the Site only if you are at least eighteen (18) years old. If you are under the age of eighteen (18) or under the legal age to form a binding contract in the jurisdiction in which you are located, you may only use the Site under the supervision of a parent or legal guardian who has agreed to stand behind any agreement you enter into while using the Site, including these Terms
User Representations and Undertakings
Your use of the Site (or any part thereof) is dependent on the fact that you hereby represent, warrant and covenant that:
(i) You possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Site in accordance with these Terms, and to fully perform your obligations hereunder;
(ii) If you connect to, access or use the Site on behalf of an entity or any third party, you are duly authorized under any applicable law to represent such entity or third party in connection with these Terms and to commit it to be bound by these Terms, and hereby make all representations and warranties herein on both your and its behalf; and
(iii) You will comply with, and are solely responsible for complying with, applicable laws regarding access to and use of the Site, including data protection and privacy laws and regulations, and any industry guidelines and policies applicable to you and/or your use of the Site.
Use Restrictions
There are certain conducts which are strictly prohibited on and/or with respect to the Site. Please read the following restrictions carefully. Your failure to comply with the provisions hereunder may result (at oceangalaxy’s sole discretion) in the termination or suspension of your access to the Site and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf, and you may not permit anyone to:
(i) copy, modify, create derivative works of, reverse engineer, adapt, alter, emulate, translate, compile, decompile or disassemble the Site;
(ii) copy, modify, create derivative works of, adapt, alter, emulate, translate, reverse engineer, compile, decompile or disassemble any portion of the content on the Site, including any information, material, contact information, data, designs, and graphic user interface available thereon (collectively, the “Content”) in any way, or publicly display, perform, reproduce, distribute or otherwise use the Content, without oceangalaxy’s prior written consent;
(iii) make any use of the Content for any purpose including on any other website, networked computer environment or Site, without oceangalaxy’s prior written consent;
(iv) create a browser or border environment around the Site and/or Content, link, including in-line linking, to elements on the Site, such as images, text and videos, and/or frame or mirror any part of the Site, unless as expressly permitted hereunder;
(v) interfere with or violate any other User’s privacy rights, intellectual property rights, or other rights, or harvest or collect personally identifiable information about visitors or users of the Site, including using any robot, spider, crawler, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;
(vi) use and/or display the Site (or any part thereof) or any oceangalaxy Trademarks or Third Party Marks on and/or with respect to any business and/or website, which in itself and/or which contains any information or content that may be considered as abusive, harassing, threatening, inciting hatred, encouraging or facilitating anti-social behavior, promoting the tobacco industry or the armaments industry, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable, offensive and/or violating in any way the legal rights of others, and/or where presence of the Content or any reference to oceangalaxy and/or the Site might be perceived as damaging to oceangalaxy’s reputation and goodwill or actually bring oceangalaxy into disrepute;
(vii) transmit, distribute, display or otherwise make available through or in connection with the Site any content, which may infringe third party rights, including Intellectual Property rights and privacy rights, or which may contain any unlawful content;
(viii) impersonate any person or entity or provide false information on the Site, whether directly or indirectly;
(ix) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that oceangalaxy or any third party endorses you, your business, Site and/or any statement you make, or present false or inaccurate information about and/or through the Site whether directly or indirectly;
(x) transmit or otherwise make available in connection with the Site, and/or use the Site to design, develop, distribute and/or otherwise transmit any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
(xi) interfere with or disrupt the operation of the Site, or the servers or networks that host the Site or make the Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
(xii) use the Site or any information or Content obtained or learned from the Site for and/or in connection with any form of spam, unsolicited mail or similar conduct;
(xiii) create a database by systematically downloading and storing all or any of the Content, or forward any data generated from the Site without the prior written consent of oceangalaxy;
(xiv) bypass any measures which may be used to prevent or restrict access to the Site or any part or section thereof;
(xv) transfer or assign any rights or obligations under these Terms, even temporarily, to a third party;
(xvi) use the Content and/or the Site for any illegal, immoral or unauthorized purpose; or
(xvii) use, sell, license or exploit the Site and/or the Content for non-personal or commercial purposes without oceangalaxy’s prior express written authorization.
Intellectual Property
The Site and/or Content, any derivatives thereof, modifications, enhancements, improvements and/or upgrades thereto, and all intellectual property rights pertaining thereto, including, without limitation, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Site and any part thereof), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), are owned by oceangalaxy and/or used with permission or under license from a third party (the “Owner), and are subject to copyright and other applicable intellectual property rights under applicable laws and international conventions. As between Oceangalaxy and you, all right, title and interest in and to the Intellectual Property will, at all times, remain with oceangalaxy and/or its Owners. These Terms do not convey to you any interest in or to the Site (or any part thereof), but only a limited license of use in accordance with the License granted hereunder. Nothing in these Terms constitutes a waiver of oceangalaxy’s Intellectual Property rights under any law.
“oceangalaxy” and all logos, marks and other proprietary identifiers used by oceangalaxy in connection with the Site (“oceangalaxy Trademarks”) are all trademarks and/or trade names of oceangalaxy, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on or with respect to the Site, belong to their respective owners (“Third Party Marks”). No right, license, or interest to oceangalaxy Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to oceangalaxy Trademarks or the Third Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein.
You are hereby prohibited from removing or deleting any oceangalaxy Trademarks, Third Party Marks and/or all copyright notices, restrictions and signs indicating proprietary rights of oceangalaxy and/or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Site, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of oceangalaxy’s Trademarks or Third Party Marks.
In the event you provide oceangalaxy with any suggestions, comments or other feedback (“Feedback”) relating to the Site, Content or any part thereof, oceangalaxy shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any oceangalaxy current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. You further warrant that your Feedback is not subject to any license terms that would require oceangalaxy to comply with any additional obligations with respect to any of its current or future products, technologies or services that incorporate any Feedback.
User Misconduct
We care for your safety. If you believe a user of any of our Site acted inappropriately, including through any illegal, offensive, violent or explicitly inappropriate behavior, please immediately report such user to the appropriate authorities and to us; provided your report will not incur any liability upon oceangalaxy. oceangalaxy’s address for reporting any misconduct is specified below:
oceangalaxy Ltd.
Legal Department
E-mail: hotro@oceangalaxy.vn
Owner Content, User Content and Intellectual Property
The Site may include Content and Intellectual Property that has been provided, posted and made available by third party Owners. Such Content is provided for informational purposes only. We are not responsible for, and do not endorse, such Owner or its Content. All Intellectual Property of the Owners are and remain the property of the respective Owner.
Additionally, some parts of the Site may enable you to upload, publish, post and/or make available through the Site certain content or materials, including images and videos (“User Content”). The User Content may be visible to and accessed by other Users of the Site. You represent that you have all rights, licenses, consents and/or permissions to post the User Content and that you shall not post any User Content that you do not have the right or appropriate permission to upload or post. You expressly agree that the User Content that you post or upload will not include content or information that is, inter alia: (i) confidential or that is not in the public domain; (ii) unlawful, defamatory, discriminatory, libelous, harassing, offensive, indecent, pornographic, abusive, fraudulent, threatening or vulgar; and/or (iii) infringing of any third party's intellectual property rights, privacy rights or other rights. You hereby warrant that your User Content is true, current, accurate and complete. You shall retain ownership over your User Content unless otherwise specifically stated. You hereby grant oceangalaxy a non-exclusive, irrevocable, royalty-free, perpetual, transferable, assignable, fully sub-licensable and worldwide (including following your use of the Site) license to use, copy, post, transmit, reproduce, publish, display, publicly perform, modify, and create derivative works of, your User Content.
Although oceangalaxy has no obligation to screen, edit or monitor any of the User Content, oceangalaxy explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any User Content available on the Site at any time and for any reason. oceangalaxy takes no responsibility and assumes no liability for any User Content or for any loss or damage thereto.
Third Party Components
The Site may utilize or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Site is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail only in connection with the related Third Party Components. You acknowledge that oceangalaxy is not the author, owner or licensor of any Third Party Components, and that oceangalaxy makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Site or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software.
Third Party Sites
The Site may link or direct to third party websites, advertisements and/or any third party services (collectively, “Third Party Sites”). You hereby acknowledge that oceangalaxy has no control over such Third Party Sites, and you further acknowledge and agree that oceangalaxy is not responsible for the availability of Third Party Sites, and does not endorse and is not responsible or liable for any service, content, advertisements, products, or any materials available on and/or through such Third Party Sites.
You further acknowledge and agree that oceangalaxy shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with use of, or reliance on, any such service, content, products or other materials available on or through any Third Party Sites. Most Third Party Sites provide legal documents, including terms of use and privacy policy, governing the use of each such Third Party Sites. It is advisable and we encourage you to read these legal documents carefully before using any such Third Party Sites.
Disclaimer and Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND oceangalaxy DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. oceangalaxy FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY PART THEREOF WILL ALWAYS BE AVAILABLE, ACCESSIBLE, FUNCTIONAL, UNINTERRUPTED, SECURE, ACCURATE, COMPLETE AND ERROR-FREE. FURTHERMORE, oceangalaxy DOES NOT ENDORSE ANY ENTITY, PRODUCT OR WEBSITE MENTIONED ON THE SITE. oceangalaxy FURTHER DISCLAIMS ANY AND ALL WARRANTIES IN RELATION TO THE ACCURACY, CORRECTNESS AND COMPLETENES OF THE CONTENT AVAILABLE ON THE SITE. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SITE IS ENTIRELY, OR TO THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL oceangalaxy AND/OR ANY OF THE oceangalaxy AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE SITE OR ANY PART THEREOF, USE OR INABILITY TO USE THE SITE OR ANY PART THEREOF, FAILURE OF THE SITE OR ANY PART THEREOF TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL OR PROFITS, WHETHER SUCH CLAIM IS BASED IN CONTRACT, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE AND EVEN IF oceangalaxy AND/OR ANY oceangalaxy AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES.
WITHOUT DEROGATING FROM THE FOREGOING, IN NO EVENT SHALL oceangalaxy’S LIABILITY UNDER, ARISING OUT OF OR RELATING TO THE SITE (OR ANY PART THEREOF) AND/OR THESE TERMS, EXCEED 50.00 USD.
Indemnification
You shall defend, indemnify and hold harmless oceangalaxy and any oceangalaxy Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Site; (ii) your violation of any term of these Terms; (iii) your (including your users’) violation of any third party rights, including any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you (or any of your users) may cause to any third party with relation to the Site.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to indemnification by you without first obtaining our prior express written approval.
Amendments to the Terms
oceangalaxy may change the Terms from time to time, at its sole discretion and without any notice, including the Website Privacy Policy, or any other policies incorporated thereto. Material changes will be notified on the Site. Such material will take effect seven (7) days after such notice was provided via any of the above mentioned methods. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. Please note that in the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect even immediately, or as required by the law and without any prior notice.
Changes and Termination of the Site.
oceangalaxy reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Site (or any part thereof), and/or block, limit, suspend or terminate your access to the Site, for any reason and at its sole discretion, in addition to any other remedies that may be available to oceangalaxy under any applicable law.
In addition, you hereby acknowledge and agree that the Content provided through the Site may be changed, extended in terms of content and form or removed at any time without any notice nor any responsibility or liability to you or any third party.
You agree and acknowledge that oceangalaxy does not assume any responsibility with respect to, or in connection with the termination of the Site’s operation and loss of any data.
The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Term.
General
(i) These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between oceangalaxy and you.
(ii) These Terms, and the rights and remedies provided hereunder, and any and all claims, disputes and controversies arising hereunder or related hereto and/or to the Site, their interpretation, or the breach, termination or validity thereof, the relationships which result from these Terms, or any related purchase shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles, and shall be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts in Tel Aviv, Israel. The United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied.
(iii) oceangalaxy may assign its rights and obligations hereunder and/or transfer ownership rights and title in the Site to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of oceangalaxy. Any attempted or actual assignment thereof without oceangalaxy’s prior explicit and written consent will be null and void.
(iv) If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
(v) No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
(vi) Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
(vii) These Terms constitute the entire terms and conditions between you and oceangalaxy relating to the subject matter herein and supersedes any and all prior agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between oceangalaxy and you, including, without limitation, those made by or between any of our respective representatives, with respect to the Site, excluding any written agreements executed by both oceangalaxy and you. You agree that you will make no claim at any time or place that these Terms have been orally altered or modified or otherwise changed by oral communication of any kind. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of oceangalaxy in entering into these Terms.
(viii) The parties agree that all correspondence relating to these Terms shall be written in the English language.
Contact
If you have any questions or comments concerning the Terms, you are welcome to send us an e-mail to: hotro@oceangalaxy.vn