We/Us/Our/Ponte Ferries means Ponte Ferries Ltd. of No.1 Tomatoes Street, Xewkija Industrial Estate, Xewkija (Gozo).
You/Your/Yourself means the User of the website and/or any recipient of Our services.
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting Our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system’s capabilities or for any other reason in Our sole discretion which We may decide. Your continued access to or use of the Site constitutes Your acceptance of any such change and/or amendment.
The Site contains information about Our services as well as information of certain third parties which may include also Our affiliates. However, nothing on the Site amounts to or should be considered to amount to advice or consultancy (including but not limited to the field of transportation).
Ponte Ferries has done its utmost to ensure the accuracy, timeliness and completeness of all information on the Site. No person should act or refrain from acting on the basis of any matter contained in the Site without seeking the appropriate professional advice on the particular facts and circumstances at issue.
No part of the Site is intended to constitute a contractual offer capable of acceptance. No goods or services are currently sold through the Site and any details are for information purposes only.
Ponte Ferries is providing the Site on an “as is” and “as available” basis and makes no representations or warranties of any kind with respect to the Site or its contents and disclaims all such representations and warranties. It is understood and agreed that Your use of the Site will be at Your own risk. In addition, Ponte Ferries makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related content and graphics published or otherwise available on the Site. The information contained on the Site may contain technical inaccuracies or typographical errors. All liability of Ponte Ferries howsoever arising for any such inaccuracies or typographical errors is expressly excluded to the fullest extent permitted by law.
Except to the extent that loss or damage is caused directly by Ponte Ferries’ gross negligence or wilful misconduct and subject to the following paragraphs, Ponte Ferries and/or its employees expressly disclaim any and all liability whatsoever in arising from Your use of the Site and in respect of the consequences of anything done or omitted to be done wholly or partly in reliance upon the whole or any part of the contents of the Site. In particular, and without limiting the generality of the foregoing, Ponte Ferries will not be liable for the delay in performing or failure to perform its obligations hereunder if the delay or failure results from events or circumstances beyond its control.
Ponte Ferries shall not be liable for any losses resulting from any third party products or services advertised or otherwise offered outside its reasonable control, including but not limited to any hyperlinked website, or any website featured in any banner or advertisement, whether such products or services are used by You to access the Site or used by Ponte Ferries in order to comply with Your instructions.
Ponte Ferries further expressly disclaims any and all liability in respect of any loss or damage suffered by any person arising out of or in connection with the Site or as a result of the information and/or content contained on the Site. All the content and information on the Site is:
- of a general informative nature only and should in no way be taken as an indication of future results, advice or consultancy (including but not limited to the field of insurance).
- not necessarily comprehensive, complete or up-to-date; and
- subject to change without notice.
Ponte Ferries shall not be liable to You for any losses resulting from Your accessing third party websites, whether or not You access such websites through the Site. We reserve the right to modify, suspend or discontinue, temporarily or permanently, the use of the Site, with or without notice. You agree that Ponte Ferries shall not be liable to You or to any third party for any such modification, suspension or discontinuance of the use of the Site.
This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
You agree to indemnify, defend and hold harmless Ponte Ferries, its directors, officers, employees, members, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, Your use of the Site, Your breach of these terms and conditions, Your infringement of any intellectual property rights or any other right of any person or entity, or Your breach of any duty of confidence or privacy, any defamatory statements made by You in any form (and on any medium, including social media) as well as any illicit acts or omissions on Your part and/or on the party of any individual(s) under Your care or responsibility.
Applicable laws require that some of the information or communications We send to You should be in writing. When using this Site, you accept that communication with Us will be mainly electronic. We will contact You by e-mail or provide you with information by posting notices on our Site. You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any service which is exclusively provided by the Site and which is caused by events outside Our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic/pandemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks;
- The acts, decrees, legislation, regulations or restrictions of any government.
If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Confidentiality and Data Protection
These terms and conditions shall be governed by Maltese Law. By accessing the Site, You have accepted Maltese law as the law governing the use of the Site. The Courts of Malta shall have exclusive jurisdiction over all claims or disputes arising out of, or in relation to, or in connection with the Site and these terms and conditions.
Questions, comments or requests regarding these Terms and Conditions or Our services should be addressed to firstname.lastname@example.org or by phoning us on (+356) 99471309 (during normal office hours).
Last Updated on: 5th January 2020