Terms & Conditions
IMPORTANT
BY ACCESSING AND USING THE FINDAPORT.COM WEBSITE YOU WILL BE LEGALLY BOUND BY THESE TERMS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY; THEY CONTAIN INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.
If you do not wish to be bound by these Terms and Conditions, you may not use the Findaport.com Website and should exit the Findaport.com Website at once.
These Terms and Conditions shall apply to your use of the website located at www.Findaport.com and all pages and parts thereof ("the Findaport.com Site").
The Findaport.com Website is operated by Shipping Guides Ltd.
1. DEFINITIONS
1.1 "You/Your" means you, the registered user, who has purchased or is intending to purchase a Subscription
1.2 "We/Us" means Shipping Guide Ltd. Findaport.com is a Shipping Guides Ltd product and the Findaport.com Site is the property of Shipping Guides Ltd.
1.3 "Findaport.com Site" or "Findaport.com Website" shall have the meaning as set out above.
1.4 "User Information" means the personal details that may be provided by you to us via the Findaport.com Site.
1.5 "Users" means the users of the Findaport.com Site collectively and/or individually as the context admits.
1.6 "Website" or "Website" means a site on the World Wide Web.
1.7 "Subscription" or “Product” means the subscription or subscriptions to the Findaport.com Annual package or Guide to Port Entry Update Service to be provided by us to you, as described in the “Contact Form” and Confirmation Notice and on the pages of the Findaport.com website.
1.8 "Subscription Service" means the provision of a Subscription by us to you.
1.9 "Contact Form" means the form completed by you online and showing details of the Subscription which you have offered to purchase from us.
1.10 "Confirmation Notice" means the form issued by us to you, which may be via email, within 3 Working Days after you have placed an order, confirming details of the Subscription which you have offered to purchase and whether We agree to accept your offer and supply the Findaport.com or Guide To Port Entry Update Service to you.
2. ACCEPTABLE USE
You agree that any use by you of the Findaport.com Site shall be in accordance with the Acceptable Usage Policy and the following Conditions:
2.1 You must not post or transmit through the Findaport.com Site any defamatory, threatening, obscene, harmful or pornographic material or material which would violate or infringe in any way upon the rights of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience or which does not comply with all relevant laws. You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. You must always treat other users with respect.
2.2 You will and must not post or otherwise make available on the Findaport.com Site any material which You do not own without the express permission of the owner of the material.
2.3 Your use of the information on this site is bound by the Creative Commons BY-NC-SA licence.
2.4 You agree not to use the Findaport.com site to transmit any material for the purpose of publicity, promotion and/or advertising or any other commercial exploitation.
3. NATURE OF OUR WEBSITE
3.1 Findaport.com is a place for you to select and access port information and related information, and for you to browse news articles, new information and other items that may be posted from time to time.
3.2 Please note that you must be over 18 to purchase the Products, using the payment method displayed on the Findaport.com website.
3.3 We may offer free trial accounts on Findaport.com.
3.4 We may collect information about you when you sign up to a Free account, Full Annual account or Update Service. Please see our Privacy Policy for further information. Where applicable these Terms and Conditions will apply in full to the use of the Free account.
4. ANNUAL SUBSCRIPTIONS TO FINDAPORT.COM
This section relates to Annual Subscriptions to Findaport.com which you offer to purchase from us. Please read this section carefully, which governs your use of the Findaport.com Annual Subscription Service. They do not affect your statutory rights.
4.1 Nothing in the Findaport.com website is intended or shall be interpreted to mean that we are making a legal offer to you to provide a Subscription; we are inviting you to make a legal offer to us to purchase a Subscription. It is entirely at our discretion to accept or reject the offer to purchase.
4.2 To access the Annual Subscription you will be required to register by providing your Name, Company name and address and Email address. You will also be required to create a password, make a payment and indicate that you have read and agree to these Terms & Conditions between you and us. Access to the Terms and Conditions is available during the registration process. We will be unable to process any offer to purchase the Annual Subscription until you have provided all of the aforementioned details.
4.3 We may change these Terms and Conditions at any time. Any changes will take effect on the date they are posted onto the site and we are not under any obligation to notify you of such changes. You will be asked to read and accept the Terms and Conditions each time you place an order, to ensure that you are familiar with the current set.
4.4 Details of our prices for the Products, and the procedures for payment are displayed on the Findaport.com website. The price of any Product is the price in force at the date and time of your order. We may change the price of any Product before you place an order. We try to ensure that our prices displayed on our website are accurate. All prices are quoted in UK Pounds Sterling excluding VAT unless otherwise stated.
4.5 To purchase an Annual Subscription and therefore have access to detailed port information you will need to follow the ordering procedures using our secured online payment gateway. Alternatively, you may contact us to pay directly. Please use the contact form contained within this website or contact [email protected].
4.6 You undertake that all details you provide to us for the purpose of purchasing goods or services which may be offered by us on our website will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
4.7 Payment for Subscriptions will be debited when we have accepted your offer to purchase. Once payment has been received by us we will confirm that your order has been accepted by sending a Confirmation Notice via email to you at the email address you provide in your ordering procedures. Our acceptance of your order brings into existence a legally binding contract between us.
4.8 Shipping Guides is entitled to refuse any order placed by you.
4.9 If you wish to correct an error made by you in your offer or withdraw your offer to purchase a Subscription from us prior to the issue of the Confirmation Notice, you must notify us of this fact in writing.
4.10 We shall inform you if your payment details cannot be authorised for any reason and may invite you to pay by another method.
4.11 All sales are final. Because the Findaport.com website offers a free account to ensure that this product will meet your needs without the need to purchase, there will be no refunds. Before deciding to purchase an account, please be sure to fully test the free account version that we provide. A trial of the full service is also available upon request. Unlike physical goods, electronically distributed software and software licenses can be easily duplicated. Accordingly, it is our policy that once a customer has signed up to an account, the sale is final. If you have any complaints, you should direct them to us via the Contact Us page on the Findaport.com website; or by post at Shipping Guides Ltd, 28 Reigate Hill, Reigate, Surrey, RH2 9NG, United Kingdom.
4.12 There is a minimum contract term of twelve months for all Subscriptions. You may cancel your subscription after the minimum contract period by contacting us using the contact form on Findaport.com or by writing to us.
4.13 You agree to pay all fees and charges that you incur. Your first twelve months subscription payment is non-refundable. Subscriptions for subsequent years are refundable, on cancellation, on a pro rata basis subject to any administration charges that may be applied. We may at any time change the amount of, or basis for determining, the subscription fee, or institute new fees or charges.
4.14 You should be aware that it may not always be possible for Shipping Guides to fulfil orders due to factors beyond our control. We reserve the right to cancel the Agreement at any time by giving notice to you where possible. If we do cancel your Findaport.com annual subscription contract we will notify you by email and will credit to your account on a pro rata basis the sum deducted by us from your debit or credit card as soon as possible.
These reasons may include but are not limited to the following:
4.14.1 We do not take or are not permitted to take orders from your area; or
4.14.2 The Products you ordered were listed at an incorrect price due to a typographical error; or
4.14.3 Fire, floods, storm, plant breakdown, lock-outs, riots, industrial action which prevents entry to premises, hostilities, nonavailability of materials or supplies.
4.15 All contracts in relation to the Subscription Service shall be concluded in English.
4.16 Your personal data will be processed by us as set out in our Privacy Policy.
5. GUIDE TO PORT ENTRY UPDATE SERVICE
This section relates to the Update Service available to customers who have purchased a current edition of Guide to Port Entry. Updates are accessible via Findaport.com by scanning one of the QR codes contained within the current Guide to Port Entry publication. Please read this section carefully, which governs your use of the Update Service. They do not affect your statutory rights.
5.1 Nothing in the Findaport.com website is intended or shall be interpreted to mean that we are making a legal offer to you to provide updates; we are inviting you to make a legal offer to us to purchase updates.
5.2 By choosing to access the Update Service you will be required to register by providing your Name, Company, Vessel Name (if applicable) and Email address. You will also be required to create a password and indicate that you have read and agree to these Terms & Conditions between you and us. Access to the Terms and Conditions is available during the registration process. We will be unable to process any offer to purchase updates until you have provided all of the aforementioned details.
5.3 We may change these Terms and Conditions at any time. Any changes will take effect on the date they are posted onto the site and we are not under any obligation to notify you of such changes. You will be asked to read and accept the Terms and Conditions each time you place an order, to ensure that you are familiar with the current set.
5.4 Having completed the registration process, updated information will be shown in summary view free of charge to you. E.g. Text updated, Plan updated. Having viewed the summary, you may choose to purchase updates via the ordering procedures set out on our order pages.
5.5 All prices are quoted in UK Pounds Sterling excluding VAT unless otherwise stated. The price of this Service is the price in force at the date and time of your order. We may change the price of this Service before you place an order. We try to ensure that the prices displayed on our website are accurate.
5.6 Payment for the Update Service can be made using our secure online payment gateway and will be debited when we have accepted your offer to purchase. You undertake that all details you provide to us for the purpose of purchasing the Update Service will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
5.7 You agree to pay all fees and charges that you incur. We may at any time change the amount of, or basis for determining, the Update Service fee, or institute new fees or charges.
5.8 We shall inform you if your payment details cannot be authorised for any reason and may invite you to pay by another method.
5.9 It is entirely at our discretion to accept or reject the offer to purchase placed by you. If your order is accepted and once payment has been received, we will confirm acceptance to you by sending an email ('Confirmation') to the email address you provided on registration or on ordering.
5.10 In exchange for payment we will provide you with an update in PDF format by email and/or download. Additionally by purchasing a port update you are paying for the right to access any subsequent updates published by Shipping Guides Ltd for that port throughout the validity of the edition of Guide to Port Entry current at the date of purchasing or longer if not replaced by a later edition. E.g. Access to updated information from QR codes scanned in the 2013/2014 Edition of Guide to Port Entry, will be accessible until December 2014, providing a 2015/2016 Edition is released in December 2014.
5.11 All updates available will be incorporated within the next edition of Guide to Port Entry, published biennially.
5.12 You should be aware that it may not always be possible for Shipping Guides to fulfil orders due to factors beyond our control. We reserve the right to cancel the Agreement at any time by giving notice to you where possible, however, refunds and credits will not be issued. These reasons may include but are not limited to the following:
5.12.1 We do not take or are not permitted to take orders from your area; or
5.12.2 The Products you ordered were listed at an incorrect price due to a typographical error; or
5.12.3 Fire, floods, storm, plant breakdown, lock-outs, riots, industrial action which prevents entry to premises, hostilities, nonavailability of materials or supplies
5.13 Refunds are not available for any information purchases via the Guide to Port Entry Update Service. If you have any complaints, you should direct them to us via the Contact Us page on the Findaport.com website; or by post at Shipping Guides Ltd, 28 Reigate Hill, Reigate, Surrey, RH2 9NG, United Kingdom.
5.14 All contracts in relation to the Update Service shall be concluded in English.
5.15 Your personal data may be processed by us as set out in our Privacy Policy.
5.16 You accept that we, Shipping Guides Ltd, own the copyright to the information contained within the update and as such you agree that no part of this update may be redistributed, reproduced, stored in a retrieval system, or transmitted in any form whatsoever, nor by any means electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publishers, Shipping Guides Ltd.
6. MODIFICATIONS
We reserve the right to alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated any new features including new content, and/or the release of new tools or resources shall be subject to these Terms and Conditions.
7. INFORMATION YOU PROVIDE
7.1 The following applies to any information you provide to us, for example during any registration or ordering process:
7.1.1. You authorise us to use, store or otherwise process any personal information which relates to and identifies You, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us or our sub-contractors.
7.1.2. If you obtain or choose to buy Products through our website then we may collect information about your buying behaviour and if you send us personal correspondence such as emails or letters then we may collect this information into a general file (together, the various purposes set out in this paragraph and in our privacy policy shall be known as 'the Purposes'). All such information collected by us shall be referred to in these Terms and Conditions as 'Personal Information'.
7.1.3. You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy.
7.2 By accepting these Terms and Conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following notification to you by means of email. If you would like to review or modify any part of your Personal Information then you should contact us using the Contact us page.
7.3 In addition, the following also applies to all messages, emails, bulletin boards postings, ideas, suggestions, concepts or other material submitted by you to us ('Content'):
7.3.1. You must own or have the right to submit Content for publication on our website;
7.3.2. You must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful; and
7.3.3. We have the right to monitor Content and may edit, reject or remove Content if We believe it does not comply with the above and, in particular, We reserve the right to block incoming emails and other Content if We believe that their content is or may be inappropriate or otherwise does not comply with the above.
7.3.4 You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all Content that you submit to us except any portion of the Content that is Personal Information.
8. SECURITY
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify Shipping Guides immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
9. APPLICABILITY OF ONLINE MATERIALS
9.1 Unless otherwise specified the materials published on our website are presented solely for the personal use of the Registered User or use by the Registered User in connection with their business but not for commercial exploitation.
9.2 Our website is controlled and operated by us from our offices in 28 Reigate Hill, Reigate, Surrey, RH2 9NG. Where content published on the website is supplied by third parties, you understand that we do not control or endorse their contents in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content. You assume total responsibility and risk for your use of our website and use of all information contained within it.
9.3 We have used our best endeavours to ensure that our website complies with UK law. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the United Kingdom. If you visit our website from a location outside the United Kingdom it is your sole responsibility to ensure that visiting and using our website is permitted under the laws applying in that location and we accept no liability for any resulting breach of such laws.
9.4 Shipping Guides makes no warranties, express or implied that making the Products and Services available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or Services or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products and Services are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. Shipping Guides accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products and Services by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
10. COPYRIGHT AND MONITORING
The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Shipping Guides or other third party licensors. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with Shipping Guides or using our website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
11. LINKED SITES
Shipping Guides make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from Shipping Guides and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that Shipping Guides endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
12. AVAILABILITY OF OUR WEBSITE
We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device.
13. LIABILITY
13.1 We promise that all Products you purchase from our website will be of satisfactory quality. We exclude all other express or implied Terms, Conditions, Warranties, Representations or Endorsements whatsoever with regard to the products, our website or any information or service provided through our website. Every effort has been made to ensure that the information contained on Findaport.com is correct. However, it must be clearly understood that this publication is intended as a guide only, that the information connot be guaranteed correct and that the final responsibility must, as always, rest with the shipmaster/user and are therefore provided on an 'as is' basis.
13.2 In relation to the purchase of Products, we accept 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 you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Products, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Shipping Guides or our servants, agents or any other person.
13.3 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence.
13.4 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
13.5 The limitations and exclusions in this clause only apply to the extent permitted by applicable law.
14. OUR RIGHTS
14.1 Material that is posted on any bulletin boards or chat forums is written by Users and We are not responsible for and give no endorsement of such material. We monitor the contributions and may respond to or comment upon communications by you and edit, refuse to post or remove any content from the bulletin boards and chat forums at our absolute discretion. No failure to remove particular material constitutes an endorsement or acceptance of it by us.
14.2 We reserve the right, at any time, to modify, alter, or update these Terms and Conditions of use, and you agree to be bound by any such modifications, alterations or updates which are posted on the Findaport.com Site.
15. PRIVACY
15.1 We shall comply with applicable UK Data Protection legislation from time to time in force in respect of any personal information relating to you gathered by us.
15.2 Please email us using the contact us section of the Findaport.com Site to notify us of any changes to the information you have previously given or if you wish to withdraw your consent to our using the User Information for the stated purposes or for any form of promotional contact.
15.3 You acknowledge that, as is the case with all computer networks linked to the Internet, We cannot absolutely guarantee and will not be responsible for the security or privacy of information that you provide us with through the Findaport.com Site.
16. SAFETY
We give our ongoing commitment to use all reasonable endeavours to ensure that you can use the Findaport.com Site with confidence. When using the Findaport.com Site, in particular any bulletin boards or chat forums, you should always take the following precautions:
16.1 keep your identity private. Do not give out your full name, postal address, telephone number, email address or any other information (other than that specifically requested by us), that could help someone discover your actual identity;
16.2 never get together with someone you meet online;
16.3 do not reply to any messages that are hostile, rude or inappropriate, or in any way make you feel uncomfortable. Instead, please let us know about them immediately by emailing us using the Contact us section of the Findaport.com Site.
17. INDEMNITY
You agree to indemnify us, and/or any of our affiliates and our agents and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you or any other liabilities arising out of your use of the Findaport.com Site.
18. TERMINATION
We shall have the right to terminate immediately your use of the Findaport.com Site if We determine in our sole discretion that you have breached these Terms and Conditions or otherwise have been engaged in conduct which We determine in our sole discretion to be unacceptable.
19. FEEDBACK
Should you wish to make any comments to us about the Findaport.com Site or if you have any questions relating to the same please do not hesitate to contact us.
20. GENERAL
20.1 If any of these Terms and Conditions are determined to be invalid or otherwise unenforceable by reason of the application of any law, such provisions shall be severed and deleted from these Terms and Conditions and the remainder of these Terms and Conditions shall continue to have full force and effect.
20.2 The Findaport.com Site is controlled and operated in England. We do not make any representation that materials in and/or facilities or services offered through The Findaport.com Site are available for use in other locations, or that they comply with any legal or regulatory requirements of such other locations. You access this website at your own risk and on your own initiative and are responsible for compliance with local laws, to the extent that they are applicable.
20.3 These Terms and Conditions are governed by English law and both you and us hereby submit to the non-exclusive jurisdiction of the English courts.
