Shipping Intelligence Network - Terms and Conditions of Use

Terms and Conditions of Use

Last updated 28/05/2009 CRSL Ref:SINTC v3

Please read these Terms and Conditions of Use and our Privacy Statement carefully, they contain important information about your rights and obligations.

Thank you for your interest in Clarksons Shipping Intelligence Network ("SIN") which is provided by Clarkson Research Services Limited ("CRSL"). This page states the terms and conditions ("Terms") under which you may use SIN. By logging on to SIN you accept and agree to abide by, without limitation or qualification, these Terms. If you do not agree to abide by any of the Terms as noted here, please do not log on to SIN. CRSL may, at any time, decide to modify or revise these Terms. Any changes to the Terms will be made available via the Web Site at least 7 days in advance of the changes taking effect and you will be deemed to have agreed to the Terms as amended by accessing the Web Site following the changes taking effect. We would therefore advise you to periodically visit this page in order to see any such modifications or revisions. These Terms, the Privacy Policy on the Web Site and, [if you are a multiple access user, the site licence which will be sent to you for acceptance prior to you using the Material] form a legally binding agreement between us ("the Agreement"). Please read them carefully.

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 CRSL 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 CRSL has contracted. The Client accepts usage limits to the site and that we may restrict access. CRSL 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.

CRSL 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 SIN depends on the Licence Type as shown below:

Licence Type Description

Club Member

Content Restricted access for one named individual user

Single User

Full access for one named individual user

2-4 Person Site

Full access for 2 to 4 named individual users on one site

5-10 Person site

Full access for 5 to 10 named individual users on one site

Full Site

Full access for a unlimited number of individuals on one site

World-wide

Full access for unlimited users on multiple sites

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 CRSL, 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 CRSL.

The Client confirms that they will use Material only in accordance with the Terms and will, on request, provide CRSL with full access, in confidence, to their systems and records as CRSL may require to verify such use. Any failure to provide full access as required by CRSL or to satisfy CRSL 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 comprising all or part of the Material appearing on the Web Site.

If the Client would like to obtain CRSL’ 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 SIN, please e-mail: sales.crs@clarksons.co.uk.

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

CRSL 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.

CRSL 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, CRSL accepts no liability for this loss or damage (except where CRSL has been grossly negligent) whether due to inaccuracy, error, omission or any other cause whether on the part of CRSL 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 CRSL 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.

CRSL accepts liability for death or personal injury caused by negligence or responsibility for fraudulent misrepresentation that cannot, under English law, be excluded.

CRSL gives no warranties of any kind concerning the Web Site or the Material to the fullest extent permissible by law. In particular, CRSL 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 CRSL 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. CRSL cannot guarantee that SIN will be on-line at all times, or that all its functionality will be available at any specific time. CRSL 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 SIN is provided by third parties and CRSL 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 CRSL. 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 CRSL database;

(iii) Whilst CRSL 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 CRSL 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 SIN is prepared by CRSL for the exclusive use of SIN subscribers.

Members of the SIN 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 CRSL.

Part 5: Hyperlinks to Other Sites

SIN contains links to third party web sites. As these web sites are maintained by others, CRSL cannot be held responsible for the content or accuracy of the material of such web sites. CRSL 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 CRSL and its affiliated companies, its agents, officers and employees ("Indemnified Parties") harmless against all demands, actions, claims, liabilities, losses, costs, charges and expenses ("Claims") arising 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 SIN 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 CRSL, 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

CRSL does not claim that the Material incorporated in SIN is suited for any specific use or audience. If you access SIN 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 CRSL 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 CRSL 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, CRSL shall have no liability for any such representation being untrue or misleading.