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Terms of Service

Effective Date: 6th February, 2024

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These Terms of Service (“Terms”) for the use of our website www.nm-club.com (“Website”), our applications, including iOS and Android mobile applications (“Application”) or any services availed in connection with the Application/Website (“Services”) are between Nautical Miles Group (“NMG”, “Company”, “We”, “Us” or “Our”) and its users (“User”, “You”, or “Your”). For the sake of clarity, “User” herein refers to anyone visiting our platform, Application or Website or anyone who accesses or uses our platform, Application or Website, including, seafarers, and their family, corporate staff, port /ship agents, amongst others.

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Please read the Terms and the privacy policy of the Company (“Privacy Policy”) with respect to the registration with us, the use of the Application, Website and Services, carefully before using the Application, Website or Services. In the event of any discrepancy between the Terms and any other policies with respect to the Application or Website or Services, the provisions of the Terms shall prevail. The Terms do not apply to the products or services purchased or availed from any of our business partners, and in the event of any discrepancy, the terms of sale/services of the business partners shall prevail.

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Your use/access/browsing of the Application or Website or the Services or products or registration (with or without payment/with or without registration) through any means shall signify Your acceptance of the Terms and Your agreement to be legally bound by the same. If you do not agree with the Terms or the Privacy Policy, please do not use the Application or Website or avail the Services. Any access to our Services/Application through registration is nontransferable.

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We have the right to change the provisions contained in these Terms of Services as and when considered necessary by us, without any notice to you. If we make any such revision in the Terms, we will update the effective date above and the revised Terms shall be effective from such date. You must frequently check these Terms and its effective date to understand the conditions that apply to your use of our Website or Application. Your continued use of the Website following such modification constitutes your acceptance of the modified Terms. If you disagree with any of these terms, you are prohibited from using or accessing this Website.

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1. Definitions

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1.1   “Agreement” is the collective term that encompasses these Terms, and/or any Membership/registration Plan, and if applicable, subscription.

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1.2.   “Children” means children in the U.S. under the age of 13 years and children outside the U.S. under the age of 16 years applicable age based on country regulations.

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1.3.   “Membership” means the access to local businesses providing information pertaining to local events, offers, rewards, incentives around the world available for purchase on a registration basis by each user.

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1.4.   “License” means the license granted to you pursuant to these Terms for the usage of the Website/Application and the content available.

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1.5.   “Platform” means NMG´s Websites and Apps where the access to local businesses providing information pertaining to local events, offers, rewards, incentives around the world is made available.

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1.6.   “Terms” means these general terms and conditions of the use applicable to your use of the NMG Website and Application Services.

 

1.7.   “Third Party Applications” means websites and services delivered by third parties, including the local businesses that are integrated in the Services and resources in order to make certain features, content, products, and/or services available to you.

 

1.8.   “User Content” means the content and data which Users upload to the Service, including without limitation pictures, text, messages, information, user feedback, and any other content.

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1.9.   “Website” means the NMG website, www.nm-club.com

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2. Our Services and your terms of use

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2.1.   We are a lifestyle company that was founded to provide the Seafarers, their families, and maritime companies with a complete and holistic package, allowing them safe navigation and other professional services, including diverse, complete and smart shopping solutions that best suits their lifestyle. (“Services”).

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2.2.    We operate as a platform which helps in simplifying financial, shopping and payment solutions, through our C-DIOR opportunities which are available all over the world.

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2.3.     The Website/Application conducts its business through various membership category based models and information is collected as per your usage and our “need” pertaining to the said membership models.

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2.4.    Our membership categories are:

 

2.4.1.      Active Seafarer

 

2.4.2.      Family Member

 

2.4.3.      Candidate

 

2.4.4.      Retired Seafarer

 

2.4.5.      Corporate Staff

 

2.4.6.      Navy/Coast Guard

 

2.4.7.      Ship/Port Agent.

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2.5.    When registering as a member with Nautical Miles Club you must provide accurate, complete, and current registration information and you agree to provide us with any updates to that information promptly after such changes occur.

 

2.6.    We verify the email addresses through one time password (the “OTP”) and if required, additionally, credit card details may be required for payment purposes.

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2.7.    The Users are required to declare themselves to be more than 16 years old or the guardians of children below 16 years, consenting to their children to access and use the Services provided by us. This provision is in compliance with the requirement of parental consent.

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2.8.    You shall be responsible for obtaining the computer/mobile equipment and other devices necessary to access and use the Website/Application. You shall be responsible for all charges associated with accessing and maintaining a connection to the site including, but not limited to, charges imposed by an internet service provider.

 

2.9.    To use our Services, pursuant to the Membership model, you need to create an account with us, by registering and creating a User ID.

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2.10.   By accessing our platform, we presume that you possess the legal competence to enter into binding agreements in accordance with the relevant local laws of your home country. Additionally, this assumption is made based on the last accessed location. Anyone acting on behalf of a legal person (i.e. entity) must have sufficient authority to bind the said legal person to these terms (in which case the term “you” throughout these Terms of Service will refer to such entity). We reserve the right to terminate your account and / or deny access to our Services if it is brought to our notice or if it is discovered that you do not meet this condition.

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2.11.   You will be responsible for maintaining confidentiality of your account, password, and keep its access restricted, and you hereby accept responsibility for all activities that occur under your account. If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the contact details provided on our Website. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to us.

 

3. Users Representations:

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By using the Website/Application or our Services, you represent that:

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3.1.   Your use of this website shall not breach any national or international laws and shall not breach any legal contract, policy or obligation you are currently a party to or in a manner that infringes the intellectual property rights of any third party.

 

3.2.    You will not copy, or make use of any part of the Website/Application for any purpose whatsoever unless expressly permitted to do so in these terms.

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3.3.    You will not access the Application through automated or non-human means, whether through a bot, script or otherwise.

 

3.4.    You will not knowingly or unknowingly use the Website/Application or any of the Services in a way that abuses or disrupts our networks or any other service NMG provides.

 

3.5.   NMG, at all times and at its sole discretion, reserves the right to disable, suspend or terminate your Membership account if you fail to comply with any of the provisions of these Terms of Service. We shall have all the rights to take necessary action and claim damages that may occur due to your involvement or participation in any activity which causes any harm or disrepute to NMG in any way either on your own or through group/s of people, intentionally or unintentionally.

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4. User License

 

4.1.    NMG grants you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make use of the Services or any other materials on the Website to avail the C-DIOR opportunities, only to the extent provided by these Terms of Service. All rights not expressly granted to you in these Terms of Service are reserved and retained by us.

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4.2.    Permission is granted to browse through the local businesses, and the shopping platform pages, if any, to gain information pertaining to local events, offers, rewards, incentives around the world available for purchase. This is the grant of a license, not a transfer of title, and under this license you may not:

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4.2.1.   Modify or copy the materials;

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4.2.2.   Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

 

4.2.3.   attempt to decompile or reverse engineer any software contained on the Website;

 

4.2.4.   remove any copyright or other proprietary notations from the materials; or

 

4.2.5.   transfer the materials to another person or “mirror” the materials on any other server.

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4.3.    This license shall automatically terminate upon violation of any of these restrictions and may be terminated by NMG at any time. Upon terminating your viewing of any of the materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

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5. Website Availability

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5.1.     While we endeavor to make the Website/Application available 24X7, we do not represent that its access will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.

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5.2.    We do not warrant that the Website/Application or the Services available on our Website/Application will be compatible with all hardware and software which may be used by you to avail our Services.

 

5.3.    The Website/Application may undergo constant upgrades, as a result of which some functions and features may not be fully operational. We provide the Website/Application on an 'as is' and 'as available' basis and expressly disclaim all warranties of any kind, whether express or implied, with respect to the Services and other products or materials, data made available by it to you.

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5.4.    We reserve the right to make changes to any part of the Website/Application including but not limited to appearance, function, likeness, offerings, layout at our discretion. However, we have no obligation to update any information on our Website/Application. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

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5.5.    You shall be solely responsible for any damage to your data system or for loss of data arising from download of any form of content from the Website. No guidance or information, written or oral, obtained from us, shall constitute any warranty, unless stated otherwise.

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6. Charges and Refunds

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6.1.    All Membership plans, payment and refunds are at the discretion of the Company.

6.2.    In order to pay for the Membership through the Website/Application, you may be asked to provide your credit card or other direct debit payment application details. By providing such details, and agreeing to allow us to save such card information and billing address for that card, you represent that you are the credit/debit card holder or that you are an authorized representative of the credit/debit card holder.

6.3.   Credit card fraud is a felony. We may report any wrongful or fraudulent chargebacks to your local police, your local bank, our merchant service (credit card processing company). We will aggressively prosecute anyone attempting to misuse a credit card number. We track every transaction and will use all means available to prosecute persons attempting fraud.

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6.4.   You agree to bear all bank charges in relation to the payment made and agree to pay all applicable taxes levied on the services utilized by you in connection with using the website.

 

6.5.   To threaten a chargeback to alter purchase price after an order is placed is extortion, and a criminal offense which we can rightfully prosecute to the full extent of the law.

 

7. Intellectual Property

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7.1.   The intellectual property contained in the Website is owned by or licensed to NMG and is protected by applicable copyright and trademark law.

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7.2.   Nothing contained in this site shall be construed as conferring by implication, estoppel, or otherwise, any license or transfer of right to any copyright, patent, trademark or other proprietary interest belonging to NMG. The content provided in this site, including, but not limited to, graphic images, audio, video, html code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of NMG.

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7.3.  You grant the Company the right to use your personal details for verification, data analysis and other usages as required for the active functioning of your Membership services.

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8. Term and Termination

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8.1.    The Agreement will continue to apply for as long as you use a free or paid NMG Membership account. NMG may terminate the Agreement or suspend your access to the NMG Service at any time, including in the event of your actual or suspected unauthorized use of the NMG Service and/or Resources, or non-compliance with the Agreement. If you or NMG terminate the Agreement, or if NMG suspends your access to the NMG Service in accordance with the Agreement, you agree that NMG shall have no liability or responsibility to you and NMG will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.

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8.2.   You hereby acknowledge and agree that the perpetual license granted to NMG by you will continue after expiry or termination of any of the Agreement for any reason.

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8.3.   Sections of the Agreement that, either explicitly or by their nature, must remain in effect even after termination of the Agreement, shall survive termination.

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9. Warranty and Disclaimer

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9.1.   NMG shall at its own expense (i) use reasonable endeavors to rectify any non-compliance, and if rectification is not reasonably possible (ii) replace all the non-conforming parts of the content. NMG disclaims any other warranties than those set out in the Agreement. Further, under no circumstances will NMG be liable for any Third Party Applications, including the failure of any such Third Party Applications.

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9.2.   NMG shall not be responsible for breach of these warranties if caused by:

 

9.2.1.   hardware, software or other components which are not part of the Services;

 

9.2.2.   errors or problems caused by or contributed to by hardware, software or other components which are not provided by NMG, including any modifications by you or third parties;

 

9.2.3.   errors or problems caused by you not complying with this Agreement;

 

9.2.4.   if you have rejected the implementation of any upgrade, change, hot fix, or similar, which would have prevented the error or problem; and

 

9.2.5.   errors or problems caused by third parties not acting on behalf of NMG, including in respect of changes to Services.

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10. Limitation of Liability

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10.1.   To the maximum extent permitted by law, in no event will NMG, its officers, shareholders, employees, agents,  directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; or (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the NMG service, third party applications, or third party application content, regardless of legal theory, without regard to whether NMG has been made aware of the possibility of those damages, and even if a remedy fails of its essential purpose. NMG’s aggregate liability for all claims arising under or in connection with this agreement shall be limited to the amounts paid by you to NMG under this agreement during the twelve months immediately preceding the last event giving rise to liability.

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10.2.   Nothing in the agreement removes or limits NMG’s liability for fraud, fraudulent misrepresentation, and, if required by applicable law, gross negligence.

 

 

11. Indemnification

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To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless NMG and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against any claims and all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from: (1) Your breach of the Agreement; (2) any Content posted or provided by you during the term of your usage of the Website; (3) any activity in that You or anyone using your account engages on or through the NMG Service; and (4) Your violation of any law or the rights of a third party. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such an event, you shall provide us with such cooperation as is reasonably requested by us.

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12. Third Party Links

We may provide links to third-party websites, and some of the content appearing to be on the Website may in-fact be supplied by third parties. We may earn an affiliate commission on link access or participation from the third parties. However, we do not endorse and have no responsibility for the availability or content of these third-party websites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers. We shall have no liability or responsibility, directly or indirectly, for any damage or loss caused or alleged to be caused by the use or reliance on any content, goods or services available on or through such websites.

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13. Privacy

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Your privacy is very important to us and any data received by us shall be handled in accordance with  our 

Privacy Policy

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We use cookies to improve your experience, and for optional personalization and advertising cookies. We may also use third-party cookies for targeted ads. You control your preferences through your browser settings, and by using this site, you consent to our cookie usage as outlined here. You can withdraw consent anytime by adjusting your browser settings. For more details, please see our full Cookie Policy.

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Data Protection Notice:

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We are committed to protecting your privacy and handling all personal data in compliance with the laws of the EU General Data Protection Regulation (EU-GDPR) and the Federal Data Protection Act (BDSG New). By using our services, you acknowledge that we may collect, process, and store your personal data as outlined in our Privacy Policy. This includes information provided by you or automatically collected during your use of our website.

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By continuing to use our services, you consent to the processing of your personal data in accordance with the terms outlined in this Data Protection Notice and our Privacy Policy. It is your responsibility to review these documents regularly, as they may be updated to reflect changes in data protection laws or our practices. If you have any questions or concerns regarding the processing of your personal data, please contact us at legal@nm-club.com

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14. Governing Law and Dispute Resolution

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14.1.  These Terms of Service shall be construed in accordance with the applicable laws of the State of Florida without regard to the conflict of law principles.

 

14.2.  If any dispute or claim arises from or in connection with (i) these Terms of Service, (ii) any Membership taken through the Website/Application, or (iii) your access to or use of our Services (“Dispute”), the relevant parties shall resolve the Dispute through mutual negotiation.

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14.3.  In the first instance any Dispute that you have with regards to the use of the Website/Application will be referred to the senior management of NMG. If such Dispute is not resolved within a period of 30 (thirty) days from the date on which it was referred to the senior management or such extended period as the senior management may agree with you, you agree to submit to the exclusive jurisdiction of the courts at Florida for the resolution of the Dispute.

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15. Miscellaneous

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15.1.    Notice: All notices served by the Company shall be provided via email to Your account or as a general notification on the Application. Any notice to be provided to the Company should be sent to legal@nm-club.com.

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15.2.   Entire Agreement: The Terms, along with the Privacy Policy, and any other guidelines made applicable to the Application from time to time, constitute the entire agreement between the Company and You with respect to Your access to or use of the Application, Website and the Services thereof.

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15.3.   Assignment: You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. The Company's rights under the Terms are freely transferable by the Company to any third parties without the requirement of seeking Your consent.

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15.4.   Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.

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15.5.   Waiver: Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.

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16. Changes to these Terms

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With or without notice we may periodically update these Terms of Service to reflect changes in our practices and to comply with applicable laws. You will be notified of any material changes via email or through a prominent notice on our website. It is your responsibility to review these updates, and continued use of the website after such changes constitutes your acceptance of the modified Terms of Service. If you do not agree with any modifications, please discontinue your use of the website. We recommend checking this page regularly for the latest information on our Terms of Service. Your continued use of our Website following an update to the Website Terms will constitute your acceptance of the updated Website Terms.

 

In case of any data breach, cyber hacking, or otherwise, we shall take reasonable steps and legal actions against such illegal activities and in no circumstances, the user will have any right to claim any damages including but not limited to liquidated or unliquidated.

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17. Contact Us

 

If you have any queries, complaints, or concerns with regards to content and or breach of these terms, please immediately reach out to,

 

Designation: Communication Officer

 

Email address: legal@nm-club.com

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