Terms and conditions for online access to Lloyd's MIU products, publications and services

Please read these terms and conditions carefully. They contain important information about your rights and obligations.

Introduction
1. Please read these terms and conditions of business (“Terms”) before attempting to subscribe to any of the online materials, data and information (together the “Materials”) ordered by you and available on the website identified by the URL Seasearcher (the “Online Service”) operated by Informa UK Limited (“Informa”, “our”, “we” or “us”). We draw your attention to clauses 8 (Applicability of Online Materials) and 12 (Liability).
2. By clicking on the “I Accept” button at the bottom of these Terms and subscribing to the Materials available through the Online Service you agree to be legally bound by these Terms. If you do not wish to be bound by these Terms then you may not subscribe to our Materials through the Online Service.
Conditions of access to Materials through the Online Service
1. If your Subscription is accepted by Informa in accordance with clause 3, Informa grants you a non-exclusive, non-transferable licence to use the Online Service in order to access the Materials for the Subscription Period. This licence is granted on these Terms and any additional terms and conditions (“Additional Conditions”) set out on the relevant order form (“Order Form”). If any of the Additional Conditions are inconsistent with any of these Terms, the Additional Conditions will prevail, but only to the extent of the inconsistency.
2. Throughout these Terms the following definitions apply:
  
  'Computer Network'
  
  any electronically-linked configuration in which two or more users have common access to software or data
  
  'Licensee','you' or 'your'
  
  any person, firm, company or other body which enters into an agreement with Informa to have access to the Materials through the Online Service (but this does not extend to or include other companies which are members of the same group as or are otherwise affiliated with the Licensee)
  
  'Licensee Location'
  
  a geographical site specified by a single mailing address in the Order Form
  
  'Subscription Period'
  
  means the period for which the Licensee has obtained the agreement of Informa to allow Users to have access to the Materials through the Online Service (provided that such period has not been terminated under any other provision of the Terms) and “Subscription” shall have a corresponding meaning. A Subscription Period begins only when full payment has been received by Informa unless Informa (in its absolute discretion) allows otherwise and continues unless and until terminated pursuant to clauses 2.6, 2.7 or 2.8 of these Terms
  
  'User'
  
  means any employee of the Licensee who is authorised to have access to the Materials and whose main place of work is at the Licensee Location
  
  References to the singular include the plural, and references to one gender include all other genders.
3. The Additional Conditions will indicate the Materials to which you have subscribed and the number of Single User licences you have purchased. A Single User Licence means that during the Subscription Perod, in relation to the Materials to which you subscribe through the Online Service:
  - (a) you may:
    - (i) display such Materials electronically (on a single computer screen, mobile telephone or personal digital assistant) to one concurrent User at any given time;
    - (ii) download and store one copy of such Materials in machine readable form;
    - (iii) print one copy of such Materials; and
    - (iv) use such Materials solely for the internal research purposes of the Licensee.
  - (b) you may not:
    - (i) download, store, reproduce, transmit, display, copy, distribute, commercially exploit or use the Materials other than as expressly permitted in sub-clause 2.3(a) above;
    - (ii) resell, sub-licence, rent, lease, transfer or attempt to assign the rights in the Materials (in whole or in part) to any other person;
    - (iii) make the Materials available (in whole or in part) on a Computer Network;
    - (iv) distribute the Materials (in whole or in part) via an intranet or global network;
    - (v) use the Materials in any manner, (or transfer or export the Materials or any copies into any country), other than in compliance with applicable laws;
    - (vi) allow any person to use and/or gain access to the Materials other than in accordance with these Terms;
    - (vii) allow any person other than an authorised User to use and/or gain access to the Materials or
    - (viii) modify, alter or create derivative works from such Materials nor may you create a database in electronic or structured manual form by systematically downloading and storing any of the content from such Materials.
4. You agree and undertake to comply with the restrictions on use and other provisions set out in clause 2.3 and to procure that your authorised Users do likewise.
5. You agree and undertake not to do anything which would assist any person who is not an authorised User to gain access to the Materials.
6. Without prejudice to any other rights and/or remedies available to us (including, without limitation, the right to seek damages or other compensation) Informa may terminate or suspend your use of the Online Service at any time if you are found to be in breach or if Informa has reasonable cause to suspect that you are or may be in breach of any of these Terms or of the Additional Conditions. In these circumstances you will not be entitled to any refund.
7. Your Subscription will continue until the end of the Subscription Period (when this agreement and your Subscription will terminate). The initial term of your Subscription (the “Initial Term”) will be either one year or such other term as is stated on the Order Form. A Subscription renewal fee will be due and payable throughout the Subscription Period at the then prevailing standard Informa rate for a Subscription to the Materials at the time of each renewal. Each renewal fee is payable in advance and we will send you a renewal reminder notice prior to the renewal date. Each renewal notice will (amongst other things) notify you of (i) the amount of the relevant renewal fee and (ii) the length of the renewal term, which will be either a period of equal duration to the Initial Term or one year, whichever shall be the shorter. However, if you do not wish the Subscription to be renewed on the terms set out in the renewal notice, you must notify us accordingly in writing not less than 30 days before the relevant Subscription renewal date, failing which the Subscription will automatically renew and you will be liable to pay us the relevant Subscription renewal fee. If you have become liable to us for the relevant Subscription renewal fee but wish to cancel, we may (in our discretion) accept payment of a cancellation charge equal to 25% of the relevant Subscription renewal fee instead.
8. We may terminate your Subscription at any time after the first Subscription year by giving you not less than 30 days’ notice in writing. If we do so, you will be entitled to a refund of any prepaid Subscription and such refund will be calculated by us on a pro rata daily basis for the period from (but excluding) the effective date of termination up to (and including) the last day of the Subscription Period for which you have prepaid.
Payment
1. To access the Online Service you will need to follow the Subscription procedures set out on our website.
2. Details of our prices for Subscription licences to the Materials available through the Online Service and the procedures for payment are displayed on our website. We may change the price of any Subscription before your order is accepted. We try to ensure that our prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see clause 3.3 below). We will inform you if a Subscription’s correct price is higher than that stated in your Subscription request and you may then cancel the order and decide whether or not to subscribe to the Materials through the Online Service at the correct price. The prices are exclusive of applicable taxes.
3. Informa is entitled to refuse any Subscription request placed by you. If your Subscription request is accepted, we will confirm acceptance to you by online electronic means (“Confirmation”) to the e-mail address you have given us on registration or on ordering. The Online Service allowing you access to the Materials will be made available to you on Confirmation. Making the Online Service available to you on Confirmation constitutes performance of our services and you will have no right to cancel the contract once we have done so.
4. You undertake that all details you provide to us for the purpose of subscribing to Materials through the Online Service will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any Subscription. We reserve the right to obtain validation of your credit or debit card details before allowing you access to the Materials.
Warranties and returns
1. We warrant that:
  - (a) we have a right to license the Materials to you; and
  - (b) we will provide the Online Service with reasonable skill and care.
2. If you have any complaints, you should direct them to us via e-mail at enquiries@lloydsmiu.com or by post at The Marketing Manager, Lloyd’s Marine Intelligence Unit, Telephone House, 69-77 Paul Street, London EC2A 4LQ.
Modifications to the Online Service and/or Materials
1. We reserve the right:
  - (a) to make changes or corrections and to alter, suspend or discontinue any aspect of the Online Service;
  - (b) to vary the technical specification of the Online Service;
  - (c) temporarily to suspend your access to the Materials to which you have subscribed through the Online Service (and/or to the Online Service generally) for the purposes of maintenance or upgrade (but we will use our reasonable endeavours to minimise the period of suspension);
  - (d) at any time to withdraw the Materials (or any part of the Materials) to which you have subscribed through the Online Service if Informa ceases to publish or ceases to have the right to publish the relevant Materials or if the same are the subject of a libel or copyright or other third party right infringement allegation and Informa considers that withdrawal is advisable in the circumstances.
2. If we exercise our right to withdraw Materials under clause 5.1(d), we may offer you broadly equivalent replacement materials and information instead of those withdrawn. If you notify us that you do not wish to accept such replacements or if we are unable to (or do not) offer such replacements, then we will refund the unexpired portion of your Subscription payment in respect of the withdrawn Materials for the Subscription Period in question. Any such refund will be in final settlement of the matter and will discharge all of our liabilities to you in respect of the withdrawn Materials.
3. Unless explicitly stated to the contrary, any new features in connection with the Online Service and/or the Materials to which you subscribe and/or any replacements or substitutions for such Materials will be subject to these Terms.
4. Please note that although we try to ensure that the content of our website, the Online Service and the Materials is accurate, our website, the Online Service and/or the Materials may contain errors, omissions or inaccuracies.
Information you provide
1. The following applies to any information you provide to us, for example, during any registration or subscription process:
  - (a) You authorise us to use, store or otherwise process any personal information which relates to and/or 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, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our “Partner Companies”). These Partner Companies may be located in countries outside the European Economic Area that do not have laws to protect your information.
  - (b) If you obtain or choose to buy services through our website then we may collect information about your buying behaviour and if you send us personal correspondence such as e-mails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this clause 6 shall be known as the "Purposes"). All such information collected by us shall be referred to in these Terms as "Personal Information"
  - (c) You must ensure that the Personal Information you provide is accurate and complete and that all registration details (where applicable) contain your correct name, address and other requested details.
2. By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should e-mail us at enquiries@lloydsmiu.com.
3. If you have given your consent for us to do so, we and/or our Partner Companies may also use the Personal Information to contact you from time to time about other products and/or services offered by us and/or by our Partner Companies.
Security
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, e-mail verification and password that may be given to you (or to your authorised Users) for access to the Online Service. You may not share these with or transfer them to any third parties and you will procure that your authorised Users do not share these with or transfer them to any third parties. You must notify Informa immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
Applicability of Online Materials
1. Our website is controlled and operated by us from our offices in the UK. Where Materials published in the Online Service are supplied by third parties, you understand that we do not control or endorse their contents in any way. All Materials which are supplied by third parties are published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of those Materials (on or off-line) or for the use of those Materials. You assume total responsibility and risk for your use of the Materials and the Online Service
2. We have used our reasonable endeavours to ensure that all Materials comply with English laws. However, we make no representations that the Materials and the Online Service are appropriate or available for use in locations outside England. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately and the Online Service and the Materials are not offered for Subscription by you. You accept that if you are resident outside England, you must satisfy yourself that you are lawfully able to subscribe to the Online Service.
Copyright and other rights
The contents of the Online Service and of the Materials are protected by international copyright laws, database rights and other intellectual property rights. The owner of these rights is Informa, our affiliates or other third party licensors. All product and company names and logos contained within our website and/or the Online Service and/or the Materials are the trade marks, service marks or trading names of their respective owners, including us.
Linked websites
Informa makes no representations whatsoever about any other websites which you may access through the Online Service. When you access any other website you understand that it is independent from Informa and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that Informa endorses or accepts any responsibility for the content, or the use of, such a website and we 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.
Availability of the Online Service
We will of course try to make the Online Service available but cannot guarantee that the Online Service will operate continuously or without interruptions or that it will be error free and we do not accept any liability for its unavailability. You must not attempt to interfere with the proper working of the Online Service and in particular, you must not (a) attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device (b) use automated retrieval devices (such as so called web robots, wanderers, crawlers, spiders, scrapers or similar devices).
Liability
1. Except as set out in sub-clause 4.1, we exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Materials, the Online Service, our website or any information or service provided through our website. We will try to ensure that the Materials in the Online Service are accurate, but please note that all Materials contained in the Online Service are provided on an 'as is' basis and you assume total responsibility and risk for your use of Materials contained in the Online Service
2. 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) in each case, 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 the Online Service or the Materials, we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of Informa or our servants, agents or any other person or entity.
3. If we are liable to you for any reason, our liability will be limited to the amount of the last Subscription payment made by you for the Online Service before the time when such liability arose. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or from our fraudulent misrepresentation.
4. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Online Service 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 the Online Service 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.
5. The limitations and exclusions in this clause 12 do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
General
1. You may not assign, transfer or sub-licence any of your rights under these Terms and/or the Order Form.
2. We may alter these Terms from time to time and post the new version on our website. The new version will apply:-
  - (a) save as set out in paragraph (b) below, at the time it is posted to our website for all subscriptions after that time;
  - (b) for those who are existing subscribers at the time the new version is posted to our website, following the expiry of their (respective) then current Subscription term to the Materials so that following renewal of the Subscription, all use of the Online Service by the subscriber will be governed by the new version.
3. These Terms together with the Additional Conditions, any subscription request or Order Form and payment method instructions, if any, are the whole agreement between you and Informa. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by Informa or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind this agreement by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in these Terms, any subscription request or Order Form and payment method instructions.
4. If any provision or term of these Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms and shall be deleted from them.
5. These Terms and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English courts.
6. Except in respect of a payment obligation, neither you nor Informa will be held liable for any failure to perform any obligation to the other due to causes beyond your or Informa's respective reasonable control.
7. Failure or delay by either party in enforcing an obligation or exercising a right under these Terms does not constitute a waiver of that right or remedy.
8. These Terms do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
Notices
1. All notices shall be given:
  - (a) to us via e-mail at enquiries@lloydsmiu.com or by post at The Marketing Manager, Lloyd’s Marine Intelligence Unit, Telephone House, 69-77 Paul Street, London EC2A 4LQ; or
  - (b) to you at either the e-mail or postal address you provide during any ordering process.
2. Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
Replacement
These Terms replace all other terms and conditions previously applicable to the provision of the Online Service.

Terms and conditions for online access to Lloyd's MIU products, publications and services

Seasearcher