Meaning of Words
"Data" means all material provided to You in connection with the Services and includes any material You download from the Site;
"Intellectual Property Rights" means all rights in relation to copyright, trade mark, database right, design, patent, semiconductor or circuit layout, rights, any rights in trade, business or company names or any rights to registration of such rights existing in Australia, the United Kingdom of Great Britain and Northern Ireland or elsewhere, and any other rights generally accepted as falling within the definition of "intellectual property" whether created before on or after the date of this Agreement;
"Service" means the provision of and the use of the Site ;
"Site" means the RightShip Pty Ltd website at http://eedi.shippingefficiency.org;
"SVIS©" means the Ship Vetting Information System;
"We", "Us" and "Our" means RightShip Pty Ltd; and
Terms and conditions which apply to this Site
3. All information contained in this Site including but not limited to:
is confidential information ("Confidential Information")
You must not at any time or in any form, written or oral, divulge the Confidential Information to external third parties without Our permission or the permission of Our authorized representatives. You must also take all reasonable precautions to ensure that Your officers, employees, agents, representatives, contractors and permitted assigns comply with these obligations in relation to the Confidential Information.
Restrictions on Use
5. Except to the extent that such rights cannot be excluded at law, You must not copy, adapt, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit or in any way exploit any part of the Services, the Data or the content of the Site.
6. The analysis and presentation included in the Services and the Data must not be recirculated, redistributed, commercialised or published by You in any form without Our prior written permission.
7. The Data and the information contained therein must not be used to construct a database of any kind.
8. You must not spam or send unsolicited mailings to any person or entity using the Services or the Site or using Our name.
9. You agree not to use the information provided on the Site in breach of any laws, standards, relevant codes of conduct or for illegal purposes, and not to cause damage to, interfere with or disrupt the Service and/or the Site and networks connected to the Site.
10. You acknowledge that Your use of the Services and the Site is at Your risk and You will make your own assessment of all information obtained as part of the Services and the Site and satisfy Yourself as to the accuracy and completeness of that information. If you elect to charter any vessel, you do so at Your own risk, and We provide no warranties to the safety or quality of that vessel or its fitness for any purpose. To the extent permitted by law, We exclude all representations, warranties, conditions and undertakings (express or implied by law) in respect of the Services and the Site, including any warranties in relation to merchantability, non-infringement, title or fitness for a particular purpose or use. Where a condition or warranty referred to in this clause cannot be excluded at law, Our liability in respect of the supply of the Services under this Agreement is limited at Our sole discretion to:
(a) the re-supply of the Services concerned; or
(b) payment of the direct costs and direct expenses of re-supplying the Services concerned.
11. We do not warrant that the Site is compatible with Your equipment.
12. To the extent permitted by law, We will not be liable to You in tort (including negligence), contract or otherwise for any direct, indirect, incidental or consequential damages (including loss of profit or anticipated savings, economic loss, loss of data, loss of business opportunity or loss of goodwill) on Our part or on the part of any of Our employees, agents, contractors and/or sub-contractors in connection with, arising out of or otherwise relating to this Agreement (which includes misrepresentation or any other cause).
13. You must take Your own precautions to ensure that the process which You employ for accessing this Site does not expose You or Us to the risk of viruses, malicious computer code or other forms of interference which may damage Your computer system or Our Site or networks connected to Our Site. You agree that if Your access to this Site results in Your exposure to viruses or other forms of interference which causes damage to Your computer system, we will not be liable to You for any direct, indirect, incidental or consequential damages (including loss of profit or anticipated savings, economic loss, loss of data, loss of business opportunity or loss of goodwill).
14. We recommend you confirm efficiency ratings through independent investigations and data and that you do not make any commercial or other decisions on the basis of our efficiency ratings. Any reliance you place on such information is strictly at your own risk.
16. If You use any of Our trade marks in reference to Our activities, products or services, You must include a statement attributing that trade mark to Us. You must not use any of Our trade marks:
Security of Information
17. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Once We receive Your transmission, We will take reasonable steps to preserve the security of Your information. However, We do not warrant and cannot guarantee the security of any information which You transmit to Us. Accordingly, any information which You transmit to Us is transmitted at Your own risk.
Termination of Access
18. We do not warrant that the operation of the Services will be uninterrupted or error free and further, note that Your access to the Site may be suspended, limited or terminated at any time by Us without notice, including (without limitation) due to the following:
Survival of Clauses
20. Clauses 3 (Confidentiality), 10-13 (Exclusions), 15 (Intellectual Property), and 16 (Trade Marks) will survive the suspension or termination of the Services for any reason whatsoever.