
Terms of use
SOCIETY OF MARITIME INDUSTRIES LIMITED WEBSITE – TERMS AND CONDITIONS OF USE This sets out the terms and conditions upon which you, the user are entitled to use this Web Site, and specifically excludes any liability on the part of the Society, its Directors, officers, employees or agents or any other sites to which you may gain access via any of the links on this Web Site.
1. DEFINITIONS 1.1 "Society" and related expressions means the Society of Maritime Industries Limited, a company incorporated in England under registered number 00883132, and with its registered address at 4th Floor, 30 Guildford Street, London SE1 0HS.
1.2 "you", "your" and related expressions refer to the user of the Web Site.
1.3 The "Web Site" means http://www.maritimeindustries.org and all Web pages (including all components developed and produced for the Web Site including the up-dates, format, graphics, designs look and feel and other content) from time to time situated at that web address.
1.4 "Subscriber" means users who have paid a subscription fee to have their website connected to the product search area of the website and (if applicable) to gain access to the market information database.
1.5 "Member" means a paid-up member of the Society of Maritime Industries and its constituent associations.
1.6 "Service Provider" means an information, content or service provider employed by or contracted to the Society which provides information, content or services accessible on or via the Web Site.
2. OWNERSHIP OF INTELLECTUAL PROPERTY 2.1 All intellectual property rights and goodwill in or relating to the contents of the Web Site belong to the Society, save where indicated. A number of trade marks, logos and service marks (the "Trade Marks") displayed on the Web Site are registered trade marks belonging to third parties and appear on the site with their permission. Nothing contained in these conditions or the Web Site shall be construed as granting any licence or right to use any of the Trade Marks without permission.
2.2 Neither the Web Site, nor any part of it may be reproduced, adapted, stored in a data storage or retrieval system or transmitted in any form or by any means without prior written permission, except as expressly permitted by these terms and conditions or by law.
3. USE OF SITE 3.1 Access to or use of the Web Site (or password protected components thereof) may be subject to payment of a subscription or membership fee, and any right or licence conferred upon you by this Terms and Conditions of Use Agreement shall only come into effect on condition any such subscription or membership fee is fully paid.
3.2 Subject to payment of any such subscription or membership fee, or any other fee prescribed by the Society from time to time, but not otherwise, you may:
3.2.1 search, view, copy and print out materials for your own use;
3.2.2 make print outs or copies available to (in the case of companies, partnerships etc) your other employees or (in the case of individuals) your family members or associates for such use;
3.2.3 for the purposes of any transaction you may be involved in, copy and use the information available from the Web Site; and
3.2.4 link to the Web Site (although "deep linking" in avoidance of the subscriber log-in procedure is not permitted).
3.3 You accept that the information available on the Web Site is proprietary. Accordingly, you may not divulge such information to a third party in circumstances where such third party effectively enjoys some or all of the benefits of a subscriber without paying the applicable subscription or membership fee, and the Society reserves the right to account to you for an additional subscription or membership fee should you seek to contravene this term.
3.4 You may not sell or publish in hard copy or electronic format, including your own internet site, information obtained from the Web Site.
3.5 Subscribers and Members must not disclose their passwords to any third party, and must take reasonable steps to ensure that no-one else uses the Web Site in their name. Subscribers and Members are liable for activities conducted through their passwords, whether authorised or not, until they have notified the Society of such unauthorised use and the Society has cancelled the passwords.
3.6 The Society reserves the right, to be exercised in its sole discretion, to at any time and without notice terminate or restrict your access to this site or any component thereof, subject to a pro-rata refund of any subscription fees paid. However where your access is terminated by reason of your failure to comply with any of the terms and conditions set out in this User Agreement, the Society shall not be obliged to effect such refund.
3.7 The Society reserves the right, to be exercised in its sole discretion, to at any time and without notice withdraw or remove from the Web Site any information, or link to any site containing information, which appears to the Society to be defamatory, obscene, an invasion of privacy, an infringement of any relevant intellectual property right including copyright or which is unlawful, contrary to good practice in the relevant industry or otherwise likely to involve the Society in civil or criminal liability.
4. REGISTRATION INFORMATION 4.1 In order to become a Subscriber or Member, you will need to complete a registration process. In applying to become a Subscriber or Member, and throughout the subscription or membership period, you represent that:
4.1.1 you are a UK registered business ; and
4.1.2 all personal or company information submitted to the Society is correct.
5. PRIVACY POLICY 5.1 You are hereby deemed to have read Our Privacy Policy, the terms of which are incorporated in this User Agreement, and agree that the terms of such policy are reasonable.
5.2 Use of your personal information will in all instances be with your consent and subject to any rights you may have as a "Data Subject" under the Data Protection Act 1998 as amended from time to time.
6. EXCLUSION OF WARRANTIES 6.1 The Society uses reasonable endeavours to ensure that the Web Site is accessible to you at all times (including password protected elements), subject to payment of subscription or membership fees (where applicable) and that information on the Web Site is accurate and to rectify errors and omissions as soon possible after it becomes aware of them. However, the Society and the Service Providers cannot and do not verify or endorse information submitted to them by third parties and posted on or accessible through the Web Site, nor do they warrant that the selection of third party suppliers accessible via the site is complete for any given category of services. Accordingly, the Society and the Service Providers disclaim all warranties and representations as to the accuracy, adequacy, completeness, quality or fitness, timeliness or relevance of any such information posted on the Web Site or available via links found on the Web Site.
6.2 In particular:
6.2.1 information may be incorrect or out of date;
6.2.2 the Society and/or the Service Providers shall not be liable for any decision or use made or action taken by you or any third party in reliance upon any information obtained from or via the Web Site.
6.2.3 technical considerations may render the site inaccessible at certain times, including factors such as server failure, necessary repairs or maintenance and upgrades; and
6.2.4 all implied warranties and conditions are excluded, to the maximum extent permitted by law.
6.3 Your attention is drawn to the fact that when investigating or purchasing goods or services from a third party supplier through the Web Site, you may be subject to further terms and conditions in respect of such goods or services which may be imposed by such third party supplier. Your acceptance of such terms and conditions is at your own risk.
6.4 Whilst the Society makes every effort to ensure that your use of the Web Site is trouble-free, it does not warrant that it will operate free from error, nor does it warrant that use of the Web Site will not result in damage to your computer or your computer, software, modem or other property becoming infected with a computer virus or other harmful components therefore you are advised to take suitable precautions and to use your own anti-virus software at all times.
6.5 Any link (including hyperlinks and all other referral devices, whether automatic or not) used on the Web Site is provided solely for the use and convenience of the Subscriber, and the presence of a link on our site does not represent any endorsement or recommendation by the Society.
7. LIMITATION OF LIABILITY 7.1 In no event shall the Society or any Service Provider be liable for any injury, loss, claim, damage, purely financial losses (including, but not limited to lost profits or lost savings), or indirect or consequential damages of any kind, whether based in contract, tort or otherwise, and arising out of or is in any way connected with:
7.1.1 any use of the Web Site;
7.1.2 the performance or non-performance by the Society or a Service Provider.
7.2 The Society is not responsible for the content of any other Web Sites accessible through any link to be found on the Web Site or any component thereof and makes no representation or warranty regarding any other Web Site or the contents or materials on such Web Site.
7.3 If, notwithstanding the foregoing, the Society or any Service Provider should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of the Web Site, the liability of the Society or such Service Provider shall in no event exceed any subscription or membership fees paid.
8. GOVERNING LAW 8.1 This User Agreement is governed by English law and any dispute arising under or in connection with it shall be subject to the jurisdiction of the English Courts.
9. MODIFICATION 9.1 The Society may at any time modify these terms and conditions and continued use of this site will be subject to the terms and conditions in force at the time of such modification.
9.2 If such modification affects your use of the Web Site, you may object to such modified terms and conditions, and you may cancel your subscription and receive a pro-rata refund of subscription fees paid.
10. SEVERABILITY 10.1 Each of the terms and conditions in this Terms and Conditions of Use Agreement shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
11. ENTIRE AGREEMENT 11.1 This Terms and Conditions of Use Agreement, together with any terms and conditions incorporated or referred in it to constitutes the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
|