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Last updated 28/04/2011
Please read these Terms and Conditions of Use and our Privacy Statement carefully, they contain important information about your rights and obligations.
Part 1. Use of Site
The material contained within the Shipping Intelligence Network Web Site identified by the url: www.clarksons.net ("Web Site"), including but not limited to text, data, software, graphics, logos and other material ("Material") is the property of CLARKSONS RESEARCH SERVICES LTD who retain full copyright of the Material. Use of the Material is granted to the Client in return for an agreed subscription.
Non payment does not release the user from his obligations outlined in this contract.
Use of the Material in the Web Site is granted only to the person (the "Client") with whom CLARKSONS RESEARCH SERVICES LTD has contracted. The Client accepts usage limits to the site and that we may restrict access. CLARKSONS RESEARCH SERVICES LTD monitors usage and download levels and reserves the right to terminate access where usage and download levels are considered excessive. Any Clients with higher usage requirements, please contact us.
CLARKSONS RESEARCH SERVICES LTD may terminate this agreement at any time upon thirty (30) days prior written notice to the Client. In such case the Client shall be entitled to a pro rata refund of any part of the Subscription paid in advance.
The number of individual users in any Client permitted to access CLARKSONS GLOBAL depends on the Licence Type
Part 2: Use of Material Obtained from the Site
The Client is permitted to download material and use it in support of their daily business internally, and with proper attribution to CLARKSONS RESEARCH SERVICES LTD, externally,. This permission for external use strictly excludes using any Material in:
(i) reports, presentations, prospectuses or other analyses prepared in connection with any finance or equity raising related activity of any nature; or
(ii) other products or data offered either for sale or for free distribution without in either event having first obtained the prior written permission of CLARKSONS RESEARCH SERVICES LTD.
The Client confirms that they will use Material only in accordance with the Terms and will, on request, provide CLARKSONS RESEARCH SERVICES LTD with full access, in confidence, to their systems and records as CLARKSONS RESEARCH SERVICES LTD may require to verify such use. Any failure to provide full access as required by CLARKSONS RESEARCH SERVICES LTD or to satisfy CLARKSONS RESEARCH SERVICES LTD as to the permitted use of the Material shall be a fundamental breach of the Agreement.
Without limiting the generality of the above restrictions, the Client is not allowed to download or print the Material, or extracts from it, in a systematic or regular manner so as to create a database in electronic or paper form comrpising all or part of the Material appearing on the Web Site.
If the Client would like to obtain CLARKSONS RESEARCH SERVICES LTD' permission to use any of the Material in a product on your Web Site, or if the Client would like to link your Web Site to CLARKSONS GLOBAL, please e-mail:firstname.lastname@example.org
If any user violates any of the Terms, the Client's permission to use the Material will be automatically terminated and the Client will be obliged to immediately destroy any copies made of all Material pursuant to the Agreement.
Part 3: Limitation of Liability
CLARKSONS RESEARCH SERVICES LTD DOES NOT GIVE ANY WARRANTY AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE INFORMATION AND MATERIAL PUBLISHED ON THE WEB SITE AND EXPRESSLY DISCLAIMS (TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW) ALL LIABILITY FOR ANY DAMAGE OR LOSS RESULTING FROM USE OF OR RELIANCE ON THE MATERIAL PUBLISHED ON THE WEB SITE.
CLARKSONS RESEARCH SERVICES LTD accepts no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where loss or damage are suffered arising out of or in connection with the viewing, use or performance of the Web Site or its contents, CLARKSONS RESEARCH SERVICES LTD accepts no liability for this loss or damage (except where CLARKSONS RESEARCH SERVICES LTD has been grossly negligent) whether due to inaccuracy, error, omission or any other cause whether on the part of CLARKSONS RESEARCH SERVICES LTD or its servants, agents or other person. In any event users shall verify that the data supplied is what it purports to be and correct in the context given by carrying out independent checks.
If CLARKSONS RESEARCH SERVICES LTD is liable to the Client for any reason, its liability will be limited to the amount paid by the Client for the Material in the year the claim arose.
CLARKSONS RESEARCH SERVICES LTD accepts liability for death or personal injury caused by negligence or responsibility for fraudulent misrepresentation that cannot, under English law, be excluded.
CLARKSONS RESEARCH SERVICES LTD gives no warranties of any kind concerning the Web Site or the Material to the fullest extent permissible by law. In particular, CLARKSONS RESEARCH SERVICES LTD does not warrant that the Web Site or any of its content is virus free. The Client must take all precautions in this respect as CLARKSONS RESEARCH SERVICES LTD accepts no responsibility for any infection by virus or other communication or by anything that has destructive properties. The Client is responsible for ensuring that its computer system meets all relevant technical specifications necessary to use the Web Site. CLARKSONS RESEARCH SERVICES LTD cannot guarantee that CLARKSONS GLOBAL will be on-line at all times, or that all its functionality will be available at any specific time. CLARKSONS RESEARCH SERVICES LTD cannot be responsible for any costs incurred involving the servicing or replacement of equipment or data, as a result of any such harmful items being encountered.
Some of the Material on CLARKSONS GLOBAL is provided by third parties and CLARKSONS RESEARCH SERVICES LTD cannot be held responsible for third party Material. It is further understood and agreed that the complex nature of the shipping business may result in inherent limitations, inaccuracies and shortfalls in the Material and other information collected, processed and provided by CLARKSONS RESEARCH SERVICES LTD. For example:
(i) Material may be based on estimates or subjective judgements (such as ship prices where no sales information for comparable ships is available);
(ii) The information in the databases of other maritime data collection agencies may vary from the information in the CLARKSONS RESEARCH SERVICES LTD database;
(iii) Whilst CLARKSONS RESEARCH SERVICES LTD has taken reasonable care in the compilation of its statistical and graphical information, which is believed to be accurate and correct, the compilation of data is inherently subject to limited audit and validation procedures and may therefore contain errors.
You acknowledge that your use of, or access to, the Web Site may be subject to interruption or delay. We do not give you any warranty that the Web Site or the Material offered through it will be error free, without interruption or delay, or free from defects in design or engineering.
The information on the Web Site is not intended to address any particular requirements. No tax, legal or investment advice of any kind (including advice and opinions with respect to the nature, potential value or suitability of any particular securities transactions, financial products or investment strategy) is being provided by CLARKSONS RESEARCH SERVICES LTD to any user or the Client. Any investment decisions made by any user or the Client will be based solely on their own evaluation of their financial circumstances and investment objectives and not on the basis of any Material provided or otherwise through the use of the Web Site
The limitations and exclusions in this clause do not affect the Client's non-excludable statutory rights and only apply to the extent permitted by the applicable law.
Part 4: Copyright
Data on CLARKSONS GLOBAL is prepared by CLARKSONS RESEARCH SERVICES LTD for the exclusive use of CLARKSONS GLOBAL subscribers.
Members of the CLARKSONS GLOBAL club are permitted to download Material and use it, subject to the provisions of use set out in Part 1 above.
Where any Material is used for external purposes it must include relevant citations and express acknowledgement that copyright in the publication or Material is owned by CLARKSONS RESEARCH SERVICES LTD.
Part 5: Hyperlinks to Other Sites
CLARKSONS GLOBAL contains links to third party web sites. As these web sites are maintained by others, CLARKSONS RESEARCH SERVICES LTD cannot be held responsible for the content or accuracy of the material of such web sites. CLARKSONS RESEARCH SERVICES LTD provides the links to third party web sites as a convenience for the client and not as any form of endorsement of these sites. Any decision to visit a linked third party web site must be taken at the Client's risk.
Part 6: Indemnity
The Client agrees and hereby undertakes to hold CLARKSONS RESEARCH SERVICES LTD and its affiliated companies, its agents, officers and employees ("Indemnified Parties") harmless against all demands, actions, claims, liabilities, losses, costs, charges and expenses ("Claims") arsing out of your use of the Material or your breach of the terms of this Agreement. This undertaking shall apply only to the extent that the Indemnified Parties are named, or threatened with being so named, in an action or proceeding alleging that the Material on CLARKSONS GLOBAL was false or misleading or otherwise partially or wholly gave rise to the alleged cause of action.
Part 7: Third party Rights
Except for the affiliates, directors, employees or representatives of CLARKSONS RESEARCH SERVICES LTD, a person who is not a party to the Agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
Part 8: Governing Law & Jurisdiction
CLARKSONS RESEARCH SERVICES LTD does not claim that the Material incorporated in CLARKSONS GLOBAL is suited for any specific use or audience. If you access CLARKSONS GLOBAL from outside the United Kingdom, you are responsible for compliance with the laws in your jurisdiction with regard to the downloading of Material.
The registered office of CLARKSONS RESEARCH SERVICES LTD is London, England. The Agreement and all legal claims relating to and arising from use of the Material shall be subject to and judged in accordance with English law. The Client agrees to submit to the exclusive jurisdiction of the High Court of Justice of England and Wales, but nothing in these Terms shall preclude CLARKSONS RESEARCH SERVICES LTD taking action in any appropriate jurisdiction.
Part 9: Entire Agreement
The Agreement, together with our current Web Site prices, delivery details and contact details sets out the whole of our agreement relating to the supply of Material to you by us and the use by you of the Web Site. Nothing said by any person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any of the Material or the Web Site.
The Agreement supersedes all prior agreements, negotiations and discussions between the parties relating to the subject matter of the Agreement and the Client acknowledges that it has not entered into the Agreement in reliance on any statement or representation except in so far as the representation has been incorporated into this Agreement. Save for fraud or fraudulent misrepresentation, CLARKSONS RESEARCH SERVICES LTD shall have no liability for any such representation being untrue or misleading.