Clarksons Research Online Systems - Terms and Conditions of Use

Last updated 24/08/2016 - Clarksons Research Ref:CRSLOSTC v6

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 Shipping Intelligence Network ("SIN"), World Fleet Register ("WFR"), World Offshore Register ("WOR"), Offshore Intelligence Network ("WOR") (collectively the "Online Systems") which are provided by Clarkson Research Services Limited ("Clarksons Research"). This page states the terms and conditions ("Terms") under which you may use the Online Systems. By logging on to the Online Systems 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 the Online Systems. Clarksons Research may, at any time, decide to modify or revise these Terms. Any changes to the Terms will be made available via the Websites 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 Websites 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 Websites 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 Online Systems identified by the domain name: clarksons.net ("Websites"), including but not limited to text, data, software, graphics, logos and other material ("Material") is the property of Clarksons Research 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 Websites is granted only to the person (the "Client") with whom Clarksons Research has contracted. The Client accepts usage limits to the site and that we may restrict access. Clarksons Research 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 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 and WFR 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 up to 25 named individual users on one site, unless otherwise agreed by Clarksons Research

World-wide

Full access for up to 40 named users on multiple sites, unless otherwise agreed by Clarksons Research

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, 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.

The Client confirms that they will use Material only in accordance with the Terms and will, on request, provide Clarksons Research with full access, in confidence, to their systems and records as Clarksons Research may require to verify such use. Any failure to provide full access as required by Clarksons Research or to satisfy Clarksons Research 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 Websites.

If the Client would like to obtain Clarksons Research's permission to use any of the Material in a product on your Website, or if the Client would like to link your Website to the Online Systems, 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

Clarksons Research DOES NOT GIVE ANY WARRANTY AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE INFORMATION AND MATERIAL PUBLISHED ON THE WEBSITES 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 WEBSITES.

Clarksons Research 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 Websites or its contents, Clarksons Research accepts no liability for this loss or damage (except where Clarksons Research has been grossly negligent) whether due to inaccuracy, error, omission or any other cause whether on the part of Clarksons Research 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 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 accepts liability for death or personal injury caused by negligence or responsibility for fraudulent misrepresentation that cannot, under English law, be excluded.

Clarksons Research gives no warranties of any kind concerning the Websites or the Material to the fullest extent permissible by law. In particular, Clarksons Research does not warrant that the Websites or any of its content is virus free. The Client must take all precautions in this respect as Clarksons Research 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 Websites. Clarksons Research cannot guarantee that the Online Systems will be on-line at all times, or that all its functionality will be available at any specific time. Clarksons Research 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 the Online Systems is provided by third parties and Clarksons Research 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. 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 database;

(iii) Whilst Clarksons Research 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 Websites may be subject to interruption or delay. We do not give you any warranty that the Websites 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 Websites 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 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 Websites.

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 the Online Systems is prepared by Clarksons Research for the exclusive use of subscribers to the Online Systems.

Users of the Online Systems 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.

Part 5: Hyperlinks to Other Sites

The Online Systems contain links to third party web sites. As these web sites are maintained by others, Clarksons Research cannot be held responsible for the content or accuracy of the material of such web sites. Clarksons Research 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 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 the Online Systems 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, 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 does not claim that the Material incorporated in the Online Systems is suited for any specific use or audience. If you access the Online Systems 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 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 taking action in any appropriate jurisdiction.

Part 9: Entire Agreement

The Agreement, together with our current Website 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 Websites. 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 Websites.

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 shall have no liability for any such representation being untrue or misleading.