These Terms and Conditions
Although ISS has attempted to provide accurate information on the Web Site, ISS assumes no responsibility for the accuracy of such information. Your acceptance of these Terms acts as a general release of ISS (and all of its officers, directors, agents and employees) from any liability for any claims, loss or damages arising out of or in any way connected to your use of the Web Site. ISS shall not be liable to any person or entity for any direct, indirect, special, consequential or incidental damages, including (without limitation) lost profits or revenues, costs of replacement goods, loss or damage to data or business interruption, whether arising in tort (including negligence), contract or otherwise, arising out of or related to the use or inability to use this Web Site or any other hyperlinked web site or any other information or product included or described within this Web Site or based upon any person or entity's reliance on the information presented, even if you have been advised of the possibility of such damages. All liability of ISS howsoever arising is expressly excluded to the fullest extent permitted by law.
ISS does not represent or warrant that the Web Site or any of its contents are accurate, current, complete, free from technical or typographical errors, free from changes or harmful components introduced by third parties or free from periodic interruption or errors of any other type. ISS may revise the information or change the programs or products mentioned on the Web Site at any time without notice. Any mention of non-ISS products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. All information and content provided on this Web Site is provided "as is," without representation or warranty of any kind, either expressed or implied. Neither ISS nor its subsidiaries, affiliates or suppliers makes any representation or gives any warranty, condition or undertaking, expressed or implied, including (without limitation) as to the satisfactory quality, fitness for a particular purpose, suitability or non-infringement of any third party right or freedom from viruses, whether or not arising from a course of dealing, usage or trade practice.
Notwithstanding any other provision in these Terms, nothing within these Terms limits or restricts ISS's liability to you for death or personal injury resulting from ISS's negligence or that of its employees or agents.
You recognise that the Internet is not entirely secure and whilst ISS will take reasonable steps to safeguard the security of any information you impart through encryption methods, ISS shall not be liable for any damage you may suffer as a result of the loss of confidentiality of any such information.
You are solely responsible in all respects for all use of and for protecting the confidentiality of your username and password which may be given to you or selected by you for use via the Web Site. As a result, you are fully responsible for all activities which occur under them. You may not share these with or transfer them to any third parties. You must immediately notify ISS of any unauthorised use of them or any other breach of security regarding the Web Site.
If you become aware of any unauthorised use of your username and password you must notify ISS immediately by contacting firstname.lastname@example.org or telephoning 01375 484928.
Limited Use Licence
ISS hereby authorises you to copy materials published by ISS on this Web Site solely for internal use within your organisation in support of ISS products and services. No other use of the materials or their contents is authorised unless prior written agreement is obtained from an officer of ISS. In no event are you permitted to publish, re-transmit, re-distribute or otherwise re-produce any of the content supplied to you or which appears on the Web Site to anyone and you are prohibited from using any such content in connection with any business or commercial enterprise including, without limitation, any securities, investment, accounting, banking, shipping, transport, legal or media business or enterprise. In consideration of this authorisation, you agree that any copy of these materials that you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under any patent, trade mark or copyright of ISS or any third party. You acknowledge that all intellectual property rights in all materials in the Web Site and any copies remain the property of ISS or the relevant third party proprietor, licensor or other content owner. You will comply with the terms of any agreement required by the owner of intellectual property rights in all software and content supplied to you as notified to you. Except as expressly permitted herein, no portion of the information on this Web Site may be reproduced in any form, or by any means, without prior written permission from ISS.
The trade marks, logos and service marks ("Marks") displayed on this Web Site are the property of ISS, its subsidiaries or affiliates or other third parties. Users are not permitted to use these Marks without the prior written consent of ISS or the relevant third party proprietor of the Mark and you acknowledge that any such use may constitute an infringement of the relevant proprietor's rights.
Compliance with Applicable Laws
Although this Web Site is controlled by ISS from its offices in the United States, these Terms and your use of this Web Site is governed by all applicable English law. ISS makes no representation that the content or materials on this Web Site are appropriate or available for use in other jurisdictions. Access to this Web Site's content or its materials from jurisdictions where such access is illegal is prohibited. If you choose to access this Web Site from other jurisdictions, you do so at your own initiative and risk and are responsible for compliance with all relevant local laws. We are not responsible for any violations of law as a result of your actions. Any claims related to this Web Site and/or its content and materials or your use of them shall be governed by English law and you agree that the English courts shall have exclusive jurisdiction to resolve any disputes arising out of or in connection with your use of the Web Site and any of its contents.
Transmission of Data - User Communications
You agree not to:
(a) commit or encourage any illegal or unlawful act;
(b) publish, post, distribute or disseminate any material which is offensive, or which we believe may be abusive, indecent, obscene or menacing or in breach of confidence, copyright, privacy or any other rights;
(c) do anything which is contrary to the acceptable use policies of any connected networks and Internet standards;
(d) insert or knowingly or recklessly transmit, distribute, upload or otherwise make available emails, software, data or files that contain a virus or corrupt data;
(e) hack into any aspect of the Web Site or corrupt any data;
(f) circumvent or attempt to seek to circumvent any of the security safeguards of ISS or any of its suppliers;
(g) threaten, harass, stalk, abuse, disrupt or otherwise cause annoyance to any users of the Web Site;
(h) use any domain name or mailbox name so as to infringe upon the rights of any other person, whether in statute or common law, in a corresponding trade mark or name; or
(i) use the Web Site to send any unsolicited advertising or other promotional material, commonly referred to as "spam", by email or by any other electronic means.
Links to Third Party Web Sites
This Web Site may contain links to third party web sites. Access to any other web site linked to this Web Site is at your own risk and ISS is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites or the security of any link or communication with those sites. ISS reserves the right to terminate a link to a third party site at any time. The fact that ISS provides a link to a third party web site does not mean that ISS endorses, authorises or sponsors that web site nor does it mean that ISS is affiliated with the third party web site's owners or sponsors. ISS provides these links merely as a convenience for those using the Web Site.
Access to Password Protected/Restricted Areas
Access to and use of password protected and/or restricted areas of the Web Site is restricted to authorised users only. Unauthorised individuals attempting to access these areas of the Web Site may be subject to prosecution.
As a user of this Web Site under these Terms, you agree to indemnify, defend and hold harmless ISS, its officers, directors, employees, agents, subsidiaries, affiliates, suppliers, and any of our third party information providers from and against all losses, expenses, damages and costs, including reasonable legal fees, however arising resulting from any violation or breach by you of these Terms.
Third Party Rights Under These Terms
Some of the provisions of these Terms are for the benefit of ISS and its officers, directors, employees, agents, subsidiaries, affiliates, suppliers, and any third party information providers. Each of these persons or entities shall have the right to assert and enforce those provisions directly against you on its own behalf if you violate any of these Terms. Save for the foregoing, the Contracts (Rights of Third Parties) Act 1999 shall not apply to the these Terms and no rights or benefits expressly or impliedly conferred by them shall be enforceable under that Act against the parties by any other person.
- ISS's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
- Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms.
- ISS may assign, transfer or declare a trust over the benefit of its rights and obligations under these Terms to any party at any time without notice to you. You may not assign, transfer or declare a trust over your rights or obligations under these Terms without ISS's prior written consent, which may be withheld in its absolute discretion.
- ISS will not be in breach of this agreement or otherwise liable for any delay in performance to the extent that any delay or failure is due to circumstances beyond its reasonable control.
- If any part of the Terms is unenforceable, invalid or illegal (including any provision in which we exclude our liability to you) the enforceability, validity or legality of any other part of these Terms will not be affected or impaired in any way.
- These Terms embody and set forth the entire agreement and understanding between us and supersede all prior oral representations (including negligent representations) or written agreements, understandings or arrangements with respect to the subject matter hereof. Neither of us shall be entitled to rely on any agreement, understanding or arrangement which is not expressly set forth in these Terms. The provisions of this clause shall not exclude any liability which either of us or, where appropriate, our representatives would otherwise have to each other or, where appropriate, to each other's representatives or any right which either of us may have to rescind these Terms in respect of any statements made fraudulently prior to your acceptance of these Terms or any rights which either of us may have in respect of fraudulent concealment by the other.
- Any notice to be given by either of us to the other may be sent by email, fax or recorded delivery to the address of the other. In the case of ISS, this address shall be Suite 504 , The Chambers , Chelsea Harbour,London,SW10 0XF, as amended herein from time to time. In your case, such an address shall be that provided at the time of registration or such other address as you may from time to time have communicated to ISS in writing or by email to Inchcape Shipping Services, Suite 504, The Chambers, ChelseaHarbour, London SW10 0XF. If sent by email, a notice shall be deemed to be received on the day it was sent or, if sent by fax, shall be deemed to be served on receipt of an error free transmission report or, if sent by recorded delivery, shall be deemed to be served two days following the date of posting.
- Save as expressly provided in the first paragraph of these terms, no provision of any of these Terms may be amended, varied or waived by ISS except in writing signed by a director of ISS.