Terms and Conditions
Definitions
“the Website” means ‘www.seawives.com’
“Member” means any person that signs up to the forum, by creating their own profile and agreeing to our terms and conditions.
“The Company” means Hammond Marine UK Ltd trading as Seawives
1. Acceptance of Terms and Conditions.
These terms and conditions govern your use of the Website, as provided by Hammond Marine UK Ltd trading as Seawives (“the Company”), including use of message boards and notice boards (“the Boards”). We may amend or add to these terms and conditions without notice to you, so please check them periodically.
2. Registration.
When you register with us you are stating that you are over 18 years of age or are a minor, aged over 16, with parental consent to use the service you are registering for. You agree that any information you provide to us about yourself upon registration or at any other time will be true, accurate and complete.
You must keep the password which you use to access the Website confidential and must not disclose it to or share it with anyone. You will be responsible for all activities that occur under your password.
3. Privacy.
Read our privacy policy which forms part of these Terms and Conditions.
4. Use of Message board and Noticeboards.
If you use a message board or noticeboard, you alone are responsible for the content of your messages, and any consequences arising. By using the Website you agree to comply with the following:
(a) the Website is to be used by you for your personal use only and may not be used for commercial purposes (to promote a company, product or service or to recruit staff) without prior written permission from the Company.
(b) the Website may not be used to send chain letters, junk mail, ‘spam’, solicitations (commercial or non-commercial) or bulk communications of any kind. If a Member puts an email address or web address into a message, you may not use it for any purpose other than that which the Member intended.
(c) If using the Boards to arrange to meet someone, you do so at your own risk, and the Company accepts no liability for any consequences.
(d) If using any Boards or information to find services, it is your responsibility to check registrations, qualifications and references. The Company is in no way liable for any consequences and accepts no responsibility for the verification of any notices.
(e) You may not post to the Website or use the Website to publish, send or distribute any message or material (in any media or form) that is unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, threatening, racially or sexually or otherwise discriminatory, offensive, inaccurate, is in breach of confidence or a third party’s intellectual property rights or which otherwise includes objectionable material of any kind or nature, that encourages or engages in conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, national or international law or regulation or which has a disruptive influence on the Website.
(f) You (whether acting in your capacity as a journalist in any media or otherwise) must not post appeals for case histories on the Website. All media requests should be sent to [email protected]. Unauthorised appeals for information will be removed.
(g) You must not impersonate any other person or entity, whether actual or fictitious.
(h) You must not use the Website in a way that might reasonably be expected to cause the Website to be interrupted, damaged, rendered less efficient or which could in any way damage the operation of another’s computer or third party.
(i) You must not disclose any information in respect of the whereabouts, name or destination of any ship or vessel that your partner, husband, wife or family member may be working.
5.Rights.
The Company reserves the right in its absolute discretion at any time to edit, alter, delete or move any material posted to, appearing on or distributed by the Company and/or the Website and you. The Company will not enter into any discussions about its decision to edit, alter, delete or move such material.
(a) The Website may at any time, and without prior or post warning, close discussions on message boards as it feels appropriate. No discussion will be entered into.
b) The Company may withdraw membership of or from any member at any time. Attempts to rejoin, may result in legal action. The Company’s decision is final and no discussion will be entered into.
6. Submission of Listings & Comments.
By adding a listing or comment to the site, you agree to comply with the following terms:
(a) The Company the right in its absolute discretion at any time to edit, alter, delete or move any material, such as listings or comments added to the website by a Member or any other third party. The Company will not enter into any discussions about its decision to edit, alter, delete or move such material.
(b) The Company reserves the right to share material, such as the content of listing and comments with other organisations who may also publish the material.
(c) The Company reserves the right to email you from time to time if you have indicated that you are the owner of the business, group or event.
Images in listings and comments:
(a) The Member must submit only his/her/its own original images and agrees and confirms that this will not infringe the copyright or any other rights of any third party.
(b) The photo should be of sufficient quality to publish.
(c) The Company reserves the right to edit any photo.
(d) If any photo contains what appears to be illegal conduct, the Company may notify law enforcement authorities.
7. Advert booking conditions.
Although being a Member of the Website is a free, our advertising slots incur a charge. Prices and terms of paid advertising are clearly disclosed prior to booking your advert. Please take care to read the applicable terms and conditions when booking your adverts as any fees paid are non refundable.
All adverts are paid for at time of booking. Prices may change from time to time and we may not give notice.
The Company reserves the right to cancel any advert bookings that it feels are not appropriate for the site or are in conflict with any services the site offers. No refund will be given for adverts that contravene our terms and conditions.
The Company reserves the right to email it’s Members from time to time with relevant information, if they have indicated that they are the owner of the business, group or event.
Privacy Policy
– The Company does not store credit card details or share Member or customer details with any third parties.
8. Intellectual Property.
All copyright, trade marks (registered or unregistered) and other intellectual property rights of whatsoever nature arising from all materials, content and information on the Website, including the Website’s design, layout and organisation, are owned wholly and exclusively or licensed by the Company.
Except where stated, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form by any means, including but not limited to, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the administrators of the Website.
Permission is granted to access, download, or print such material for your personal, non-commercial use only and is subject to these terms and conditions.
By submitting content to the Website , including your first name, you grant the Company the right to use, reproduce, modify, and publish it in other works. You also permit any Member to access, display, view, store and reproduce such content for personal use.
9. Third Party Web Sites, Goods and Services.
The Website provides links to third party web sites. The Company makes no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, or any goods or services available from such sites.
All matters concerning any goods and services that you purchase from a third party site, including without limitation all contract terms are solely between you and the owner of that site and the Company will not be liable for any costs or damages to you or any third party arising directly or indirectly out of any third party website. You hereby waive any claim you might have against the Company with respect to any such sites.
10. Disclaimer of Warranties.
• The Company is providing the Website on an ‘as is’ basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties.
• The content on the site and forum has been included in good faith. The content may contain inaccuracies or typographical errors. Whilst the Company endeavours to ensure that the information on the site is correct, no warranty, express or implied, is given as to its accuracy and the Company does not accept any liability for error or omission.
• In particular, the support and information in the forum and site does not constitute any form of advice, recommendation or arrangement by or on behalf of the Company and is not intended to be relied upon by users in making (or refraining from making) any specific decisions or to be a substitute for obtaining professional advice. You should consult a doctor, health or appropriate professional if you require specific advice.
• You are responsible for checking the accuracy of relevant facts and opinions given on the Website before entering into any commitment or taking any other form of action or inaction based upon them.
• The Company does not represent or guarantee the truthfulness, accuracy or reliability of postings submitted by users , moderators and supporters on the forum, or endorse any opinions expressed by users, moderators or supporters.
• All conditions, warranties, terms and undertakings express or implied statutory or otherwise in respect of the provision of the content and the Website are excluded to the fullest extent permitted by law.
11. Limitation of Liability.
Neither the Company nor any of its directors, employees, agents or other representatives will be liable for loss or damage arising out of or in connection with your use of this site or any information contained in it. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
You agree to indemnify and agree to hold the Company and its directors, employees,agents or other representatives harmless from any claim or demand made by any third party due to or arising from your use of the Website
12. Breach of these Terms.
The Company will be entitled to restrict, suspend or terminate your membership or deny you access to the Website or take such other action as the administrators deems appropriate if the Company determines, in its sole discretion, that you are in breach any of the Terms and Conditions or that your use of the Website is inappropriate or otherwise unacceptable.
The restriction, suspension or termination of our service pursuant to this section will be without prejudice to any rights which the Company may have against you in respect of your breach of these Terms and Conditions.
The Company shall be entitled to disclose your user identity and details if required or requested by the courts or other law enforcement authorities and/or agencies or in such other circumstances as the Company in its sole discretion considers reasonably necessary or appropriate.
13. Indemnification.
You agree to indemnify and hold each of the Company, , its directors, sponsors, representatives, employees and contractors, harmless from any claim or demand, including reasonable solicitors fees, court costs and fees, made by any third party due to or arising out of your use of the Website, the violation of these Terms and Conditions by you, or the infringement by you, or any other subscriber of your account, user of your password or of any intellectual property or other right of any other person or entity.
14. Applicable Law.
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and any dispute shall be subject to the exclusive jurisdiction of the English courts.
15. Miscellaneous.
Any failure or delay by us to enforce strict performance by you of any of the Terms and Conditions or to exercise any right under the Terms and Conditions will not be construed as a waiver to any extent of the Company’s rights.
These Terms and Conditions and the Privacy Policy constitute the entire understanding and agreement between you and the Company (“the Agreement”) as to your use of the Website and supersedes all prior agreements and understandings between such parties.