1.1 This website and the micro sites linked to it here and here (together, the “Websites”) are owned and operated by Braemar Seascope Ltd (trading as Braemar ACM Shipbroking), a company registered in England and Wales under registration number [insert] (from now on, “we”, “our” and “us”). Our registered office is at 35 Cosway Street, London NW1 5BT.
1.2 These terms and conditions (the “Terms”) govern the use of all materials and information contained within the Websites by our customers, browsers and users (“you”). You are required to accept the Terms completely. If you do not accept these Terms completely, then you must not use or continue to use our Websites. By accessing or continuing to access any part of our Websites, you consent to be bound by these Terms as they are updated from time to time at the time of your use.
1.3 All materials and content contained on the Websites and the design of the Websites are our property and are protected by copyright. If an alternative copyright is indicated on a photograph, graphic, table or text, permission to reproduce these materials should be obtained from the original source. Otherwise, materials from the Websites may only be used with consent from us and appropriate attribution, subject to the Terms.
2. YOUR OBLIGATIONS
2.1 You agree to:
(a) read and abide by all notices posted on our Websites from time to time that are relevant;
(b) abide by all applicable laws and regulations and that you will not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
(c) only use our Websites for your in-house activities.
2.2 You agree that you will not without prior written permission from us:
(a) use in the preparation of analysis, databases, reports, prospectuses and presentations, either for a) subsequent free distribution/sale to third parties, or b) the raising of finance from banks or investors, any content appearing on our Websites; or
(b) sell to third parties any information or materials taken from our Websites, whether in the same format as used on the Websites or in summarised form.
2.3 To obtain authorisation to use any materials or information appearing on our Websites, please click here [insert link] to contact us.
2.4 Should you fail to comply with any of these obligations you will be in breach of these Terms and may be required to destroy any offending copies of any materials derived from our Websites.
2.5 You further agree that you will not:
2.5.1 transmit any malware, spyware, viruses, worms, defects, Trojan horses, malicious or harmful code or use any items of a destructive nature; or
2.5.2 attempt to gain unauthorised access to any part of our Websites, the server on which our Websites are stored or any server, computer or database connected to our Websites.
2.6 You acknowledge that any breach by you of these Terms may be a criminal offence under the Computer Misuse Act 1990 and that we may report such actual or suspected breaches to the relevant law enforcement authorities and co-operate with those authorities, including by disclosing your identity or IP address to them. In the event of any actual or suspected breach, your use our Websites is to cease immediately or we may terminate it.
3. LIMITATION OF LIABILITY
3.1 We undertake to use our reasonable endeavours to provide accurate information on our Websites, subject to the inherently incomplete nature of some data relating to shipping markets and associated activities. This arises from time lags in the reporting of data and/or the confidential basis on which some transactions are concluded.
3.2 We will use our reasonable endeavours to update our Websites on a regular and frequent basis. However, due to the ongoing nature of our data collection procedures, we cannot guarantee that all the information contained on our Websites will be the most up-to-date information that we have received.
3.3 We are not responsible for any:
3.3.1 errors and/or omissions that arise from the preparation and presentation of data for the Websites. All our data is subject to checking and validation procedures that are practical within commercial time constraints, but inaccuracies may occur;
3.3.2 damage that you may incur as a result of a computer viruses. Whilst we use reasonable efforts to ensure that our Websites are free of viruses and other harmful items, we cannot guarantee that your use of our Websites will be virus-free. You should therefore undertake your own safeguards against potential damage to your computer, equipment and data by ensuring that you have appropriate virus screening software;
3.3.3 losses or damages of any nature arising out of or in connection with your use of any information, products, services or materials offered through our Websites, including but not limited to any loss of data, income profit or opportunity, loss of or damage to property and claims of third parties or any indirect or consequential loss or damages.
4. FURTHERMORE, SOME INFORMATION ON THE WEBSITES IS DERIVED FROM THIRD PARTIES (E.G. CUSTOMS AUTHORITIES AND GOVERNMENT DEPARTMENTS) AND WE CANNOT VOUCH FOR THE ACCURACY OF SUCH MATERIALS OR DATA.HYPERLINKS TO OTHER SITES
4.1 Our Websites contain hyperlinks to websites operated and maintained by parties other than us. If you would like to link your website to one of our Websites, please click here [insert link] to contact us.
4.2 The hyperlinks included on our Websites are only for your convenience and their inclusion should not be interpreted as an endorsement of those organisations and their activities. On accessing one of these hyperlinks, you become subject to the terms and conditions imposed by the owner of the new website that is being visited.
4.3 As the information available via hyperlinks to third-party websites is maintained by other organisations, we cannot be held responsible for any inaccuracies in information on such websites. Any visit by you to such websites must therefore be undertaken at your own risk.
You agree and undertake to hold us, our directors, officers, agents, associates, affiliates, contractors, employees and partners harmless against any claims, liabilities or losses arising from your use of our Websites and any materials contained on our Websites
6.1 These Terms and your use of our Websites are governed by the laws of England and Wales.
6.2 You consent to the exclusive jurisdiction of the courts of England and Wales in all disputes arising out of or relating to the use of this website each time you access our Websites.
6.3 If any part of these Terms is determined to be invalid or unenforceable, including but not limited to the warranty disclaimers and liability limitations set out above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.