WEBSITE TERMS OF SERVICE AGREEMENT
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
To Scorpio Crewing Service Private Limited (“Scorpio”).
Charter Operator or Carrier Operator and their principals, subsidiaries, associated companies, sister companies and related companies, etc.
This Terms of Service Agreement (the "Agreement") governs your use of this website the Seafarer Trip Enablement Platform for Scorpio (STEPS) with the published secure URL of https://crewcharters-scorpio.tripnomics.com/ herein after referred to as the "STEPS".
Scorpio Crewing Service Private Limited ("here in after referred to as “Scorpio”) has chartered an aircraft through TCM operated by the airline as published on STEPS and the Charter Operator or Carrier Operator bearing Flight Number, origin (“Country of Departure”) & destination (“Country of Destination”) as per schedule of the operation (“Chartered Flight”) published for transporting their seafarers to enable crew changes on Scorpio related ships/vessels.
The charter Operator or carrier operator will include but not be limited to the entities mentioned herein as Travel Cue Management Pte Ltd (“TCM”); Riya Tours & Travels Pvt Ltd; and Other operators that may be identified by Scorpio.
The other shipping companies (“here in after referred to as “Company”) has requested Scorpio and TCM to allow the use of the said Chartered Flight for sending their seafarers (i.e. seafarers contracted with or related to the Company) as passengers on the said Chartered Flight to enable crew changes on Company related ships/vessels (“Purpose”).
Scorpio and TCM have agreed to allow other shipping companies and their seafarers on the said Chartered Flight to assist the Company in their purpose in good faith
This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Scorpio reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this website. Scorpio will alert you that changes or revisions have been made by indicating on the top of this Agreement the date of the last revision. The changed or revised Agreement will be effective immediately after it is posted on this website. Your use of the website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions.
Scorpio encourages you to review this Agreement whenever you visit the website to make sure that you understand the terms and conditions governing use of the website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Scorpio for other services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the website. If you would like to print this Agreement, please click the print button on your browser toolbar.
Representations Warranties Guarantees and Indemnity
The Company confirms that Scorpio and TCM are not aircraft operators, flight operators, charter operators or carrier operators of the Chartered Flight and have no liability, responsibility or obligation of any manner whatsoever for the Chartered Flight to the Company or the seafarers on board the Chartered Flight.
The Company represents, warrants and guarantees that to ensure that the Chartered Flight is not delayed or cancelled or their seafarer on board the Chartered Flight are not stranded at the departure country airport or the transit country airport (if any) or are left behind without transportation to their final destination, the Company has ensured that:
all seafarers are fully fit to fly and are in compliance with all laws, statues rules, regulations, notification, procedures (including Standard Operating Procedures (“SOP”), guidelines or advisories of all governmental and semi-governmental authorities of the country of departure, the country of transit (if applicable) and the country of destination of the Chartered flight;
all seafarers will be holding a confirmed air ticket booking for the Chartered Flight along with all valid documents (including travel documents), certificates (including but not limited to insurance certificates to cover for any and all incidents or accidents of whatsoever nature (whether human or technical) howsoever arising while on board the Chartered Flight), permissions, reports and permits required till their final destination; and
all seafarers will be compulsorily undergoing a Covid 19 (“Corona Virus”) test a maximum of 5 days prior to the date of the Chartered Flight. The test result must show a definitive negative result obtained from a duly authorized and certified testing laboratory/facility. The seafarers should carry these test results with them.
The Company understands that the compliance requirements are constantly changing and evolving, and seafarers must be fit to fly, in compliance with these changes without exceptions. Further, the abovementioned compliance for the seafarers and the Company shall be for the entire duration from the time of booking the air ticket by the Company till such time that the quarantine and stay formalities at all places are duly complied or dispensed with.
The Company also represents, warrants and guarantees that in the event the seafarer(s) is unable to board the Chartered flight or continue with the intended journey at any point of time or is stopped at the country of departure or transit or destination or denied entry in the Country of transit or destination, for any reason whatsoever, the Company shall be liable to pay and cover any and all costs (including but not limited to repatriation costs, medical costs, quarantine costs, hotel accommodation costs, and transportation costs, seafarers daily living costs, etc.), expenses, fees, charges, payments or amounts, etc. of whatsoever nature for the seafarer without any recourse or contribution from you.
The Company agrees to indemnify you and hold you free and harmless against any and all claims (including but not limited to personal injury claims, accident claims, fatal accident claims, employee compensation claims, etc.), demands, suits, actions, proceedings, compensations, contributions, costs (including but not limited to repatriation costs, medical costs, quarantine costs, hotel accommodation costs, and transportation costs, seafarers daily living costs, etc.), charges, expenses (including but not limited to legal expenses), fines, penalties or any other payment of any nature whatsoever and howsoever arising which you may pay or are asked to pay or become liable to pay as a result of transporting the seafarer(s) in the Chartered Flight. If any such claims, demands, suits, compensations or contributions are made by any party whomsoever including but not limited to the governmental, semi-governmental authorities Company, seafarers, or their legal heirs, assignee, dependents, successors or any other party whomsoever as a result of transporting the seafarer(s) in the Chartered Flight, the Company hereby represents, warrants and guarantees to indemnify you and hold you free and harmless at first written demand against any such claims, demands, suits, actions, proceedings, compensations, contributions, costs, charges, expenses (including legal expenses), fines, penalties, etc. of any nature whatsoever in relation to the Chartered Flight.
The Company hereby represents, warrants and guarantees to make no claims, demands, suits, actions or proceedings of any nature whatsoever against you, whether or not such claims, demands, suits, actions or proceedings are related to you or your employees’ negligence, act or default, or not. The Company shall not make any claims, demands, suits, actions or proceedings or contributions of any nature whatsoever against any company, person, or employee, to whom you may be liable to indemnify under contract, tort or otherwise.
The Company hereby relinquishes any and all rights which the Company has or may have (in the future) against you and hereby waive any and all rights, actions, demands of any nature whatsoever including but not limited to compensation, costs and expenses, etc. under any law, act, rules, regulation, statute, contracts, equity or otherwise that the Company has or may have (in future) or their successors, assignee may have against you. The Company hereby bars any party, person, entity or authority from claiming to be their successor or assignee, or interested party from making and/or initiating and/or filing any claims, actions, suits, proceedings against you for any claims, demand, compensation or contributions, etc. of any nature whatsoever.
WEBSITE (STEPS) https://crewcharters-scorpio.tripnomics.com/
Proprietary Rights: Scorpio has proprietary rights of the website. You may not copy, reproduce, re-sell or redistribute any service distributed on the website. Scorpio also has rights to all trademarks and trade dress and specific layouts of this webpage, text placement, images, and other information.
Content Intellectual Property: Third Party Links. In addition to making service available, this website also offers information and marketing materials. This website also offers information, both directly and through indirect links to third-party websites. Scorpio does not always create the information offered on this website; instead, the information is often gathered from other sources. To the extent that Scorpio does create the content on this website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Scorpio does not endorse the contents on any such third-party websites. Scorpio is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of website: Scorpio is not responsible for any damages resulting from use of this website by anyone. You will not use the website for illegal purposes. You further agree that you will,
(1) abide by all applicable local, state, national, and international laws, and regulations in your use of the website (including laws regarding intellectual property),
(2) not interfere with or disrupt the use and enjoyment of the website by other users,
(3) not resell material on the website,
(4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and
(5) not defame, harass, abuse, or disrupt other users of the website
License: By using this website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the website in connection with your normal, noncommercial, use of the website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Scorpio or the applicable third party (if third party content is an issue).
Posting: By posting, storing, or transmitting any content on the website, you hereby grant Scorpio a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Scorpio does not have the ability to control the nature of the user-generated content offered through the website. You are solely responsible for your interactions with other users of the website and any content you post. Scorpio is not liable for any damage or harm resulting from any posts by or interactions between users. Scorpio reserves the right, but has no obligation, to monitor interactions between and among users of the website and to remove any content deems objectionable.
LIMITATION OF LIABILITY
Scorpio entire liability, and your exclusive remedy, in law, in equity or otherwise with respect to the website content and services and/or for any breach of this agreement is solely limited to any service fee amount for the transaction you paid to the third party supplier for a service purchased via the website and does not cover any amount paid to the principal supplier. Scorpio will not be liable for any direct, indirect, incidental, special, or consequential damages in connection with this agreement or the services in any manner, including liabilities resulting from
1. The use or inability to use the website content or services.
2. Any services purchased or obtained, or transactions entered through the website or its third-party supplier.
INDEMNIFICATION
You will release, indemnify, defend and hold harmless Scorpio, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of;
(1) this Agreement or the breach of your warranties, representations, and obligations under this Agreement.
(2) the website content or your use of the website content.
(3) the Services or your use of the services.
(4) any intellectual property or other proprietary right of any person or entity.
(5) your violation of any provision of this Agreement; or
(6) any information or data you supplied to Scorpio.
When Scorpio is threatened with suit or sued by a third party, Scorpio may seek written assurances from you concerning your promise to indemnify Scorpio; your failure to provide such assurances may be considered by Scorpio to be a material breach of this Agreement. Scorpio will have the right to participate in any defense by you of a third-party claim related to your use of any of the website content or Services, with counsel of Scorpio choice at its expense. Scorpio will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Scorpio against any claim, but you must receive Scorpio prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the website or Services.
PRIVACY
Scorpio believes strongly in protecting user privacy and providing you with notice for use of any personal data.
AGREEMENT TO BE BOUND
By using this website or its services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this website.
GENERAL
Force Majeure: Scorpio will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation: Scorpio may at any time, in its sole discretion and without advance notice to you, cease operation of the website and distribution of the Service without any prior notice either verbal or written.
Entire Agreement: This Agreement comprises the entire agreement between you and Scorpio and supersedes any prior agreements pertaining to the subject matter contained herein.
Termination: Scorpio reserves the right to terminate your access to the website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the website and its services. If your access to the website is terminated, Scorpio reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the website. This Agreement will survive indefinitely unless and until Scorpio chooses, in its sole discretion and without advance to you, to terminate it.
Geographic Limitation: Scorpio makes no representation that the website or Services appropriate or available for use in locations outside India. Users who access the website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment: You may not assign your rights and obligations under this Agreement to anyone. Scorpio may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
Governing Law: This Indemnity is governed and construed in accordance with the laws of India and any dispute arising out of or in connection with this agreement shall be submitted to the exclusive jurisdiction of the High Court Mumbai.