SOCIETY OF OFFSHORE MARINE WARRANTY SURVEYORS TERMS & CONDITIONS
Please read through these terms & conditions (“the Terms”) carefully. By accessing any Society of Offshore Marine Warranty Surveyors (“SOMWS”) website (“the Sites”) or by otherwise accessing any content, software, products or services available through the Sites (“the Content”), you are deemed to have entered into an agreement with the Society of Offshore Marine Warranty Surveyors and to have agreed to be bound by the Terms set out below. The Sites are owned and operated by SOMWS.
SOMWS makes no representations about the suitability of the information or Content contained on the Sites and in the documents published as part of the Site for any purpose. All such Content and documents are provided “as is” without warranty or any kind. The Content and related documents published on the Sites could include inaccuracies or typographical errors. Changes are periodically added to the information on the Sites. SOMWS may make improvements and/or changes in the Content and/or the documents contained on the Sites at any time.
- Intellectual Property Protection
The term “Intellectual Property Rights” means, copyrights, database rights, trade marks, trade names, domain names, rights in logos, get-up and content, inventions, trade secrets and know-how, patents, all rights of whatever nature in computer software and data, all rights of privacy and all intangible rights and privileges of a nature similar to any of the above, in every case in any part of the world and whether or not registered; and including all granted or pending registrations, and all rights to make applications for registration in respect of any of the same.
All Intellectual Property Rights in the Content and design of the Sites and any material emailed to you or otherwise supplied to you in conjunction with our online products are the property of SOMWS. You may not use or reproduce any SOMWS Intellectual Property, including any trademarks, registered or unregistered, for any reason without written permission from SOMWS.
The software, which operates the Sites, is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
SOMWS recognises and accepts copyright, trademarks, registrations and intellectual property rights of third parties whose work may be included in or referred to on these Sites.
- Use of Society of Offshore Marine Warranty Surveyors Content
You may retrieve and display SOMWS Content on a computer screen or mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form for your personal, non-commercial use. If you do download material from the site all copyright and other notices must be kept intact.
Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content of the Sites. In particular, you may not do any of the following without prior written permission. No parts of any SOMWS publication or Sites may be reproduced, stored in or introduced into any retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the copyright owners. You may not reverse engineer, modify, decompile, disassemble or translate the Content (whether for the purpose of error correction or otherwise). You may not display the Content on a public bulletin board, ftp site, website, chat room or by any other unauthorized means. Written materials provided in printed or electronic form may not be modified, adapted, translated, or used to create derivative works without the prior written consent of SOMWS.
Any use of SOMWS Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to The Society of Offshore Marine Warranty Surveyors, Pelmark House, 11 Amwell End, Ware, Hertfordshire, England SG12 9HP, United Kingdom or by email to firstname.lastname@example.org and may be subject to a fee.
- Licence Fee, Payment, and Transactions
Access to certain SOMWS Content may be subject to a fee or subscription. All payments (including applicable taxes) must be made in advance in a currency specified by SOMWS. You are responsible for the payment of all charges associated with the use of the Sites using your Username, Password or ID.
All refunds that relate to SOMWS products or services are at the discretion of RBI. Any product specific offers, conditions or terms are stated at the point of purchase for that product.
- Terms and Termination
SOMWS may, at its discretion, terminate or suspend individual or group access to all or part of the Sites (including any right to access and use RBI Content) with or without cause by delivering notice to you. The rights of termination are in addition to all other rights or remedies of SOMWS provided in these Terms or by law.
- Changes to the Site
SOMWS reserves the right, in its discretion, to suspend, change, modify, add or remove portions of SOMWS Content available on the Sites at any time and to restrict the use and accessibility of the Sites.
- Registration, Passwords and Responsibilities
Some parts of the Sites require registration. You are solely responsible for the confidentiality and use of and access to the SOMWS Content and Sites using your username, password or ID. You agree to immediately notify SOMWS if you become aware of any loss or theft of any username, password or ID or any unauthorised use of a username, password, ID, or any other login details. SOMWS reserves the right to monitor and record activity on the Sites, including access to SOMWS Content.
Information Collection and Use The Society of Offshore Marine Warranty Surveyors (“SOMWS”) is the sole owner of the information collected on this site. We will not sell, share, or rent this information to third parties in ways other than those disclosed in this policy. SOMWS collects information from our users at several different points on our website.
Registration Some of our sites restrict access to online content. To gain entry a user must first complete a registration form. During registration a user is required to give their contact information (such as name and email address). For sites where online access to content is part of a subscription package, registration forms will often contain full subscriber details used to identify and fulfil that subscriber’s account.
Orders We request information from the user on our order forms. Here a user must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fulfil customer’s orders. If we have trouble processing an order, this contact information is used to get in touch with the user. All online transactions are processed using SSL encryption (see Security for more detail).
Log Files We may use IP addresses to analyse trends, administer the site, track a user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
Links Some of our websites contain links to other sites. Please be aware that SOMWS is not responsible for the privacy practices of other sites. This privacy statement applies solely to information collected by this website.
Surveys From time to time our site requests information from users via surveys. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as post code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
Security This web site uses Secure Sockets Layer (SSL) encryption when transmitting personal data. All data and web services are hosted in a secure London datacenter. All reasonable measures have been taken to ensure web services are secured and risk of data loss is minimised. Public facing services have been penetration tested and IP addresses of unauthorised access attempts are automatically blocked. To further protect its members data the SOMWS has separated members personal information from the public website. Only SOMWS authorised personnel requiring access to personally identifiable information are granted access to the membership database.
Correction/Updating Personal Information If a user’s personally identifiable information changes (such as your post code), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can be done at the registration page or by emailing the site editor. Many of our sites will offer subscribers an account management facility that will allow them to change or amend their own records.
Choice/Opt-out Our users are given the opportunity to ‘opt-out’ of having their information used for purposes not directly related to our site at the point where we ask for the information. Users who no longer wish to receive a newsletter/alert/briefing etc. may opt-out of receiving these communications by replying to an unsubscribe link in the email or online.
- No Warranty, Disclaimer of Liability and Indemnity
Whilst every effort has been made to ensure the high quality and accuracy of the Sites, SOMWS makes no warranty, express or implied concerning the Content of the Sites, which is provided “as is”. SOMWS expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of satisfactory quality. In no event will SOMWS, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Content, even if SOMWS has been advised of the possibility that such damages may arise. SOMWS does not guarantee the accuracy or timeliness of the Content appearing on the Sites, or that the Sites or related systems are free from viruses or other contaminating or destructive properties. In the event that SOMWS incurs any liability whatsoever, the aggregate liability shall not exceed the amount that you originally paid for the service. Except in respect of fraudulent misrepresentation, this Agreement together with any order form and payment method instructions set forth the entire agreement and understanding of the parties relating to the subject matter herein. Any prior written or verbal agreements are superseded by this Agreement.
- Force Majeure
SOMWS, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of SOWMS Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
- Links To Third Party Websites
The Sites may contain links and pointers to Internet sites maintained by third parties. SOMWS does not operate or control in any respect any information, products or services on such third party sites. Links are provided solely for your convenience, and do not constitute any endorsement by SOMWS and/or its suppliers. You assume sole responsibility for use of third party links and pointers.
12.1 Changes to these Terms
SOMWS may, at its discretion, change these Terms (including those relating to your use of the Sites and/or the SOMWS Content). When the Terms are changed, SOMWS will notify you by email or by publishing details of those changes by including them in these Terms.
12.2 Rights of reply
If at any time you, or your organisation, have a complaint or comment to make about the Content featured within the Sites they should contact SOMWS whose details can be found in the Contact pages of the Sites.
11.3 Third Party Content
Parts of the Sites may contain third party content. Other content providers are responsible for ensuring that material submitted for inclusion on the Sites complies with international and national law. SOMWS is not responsible for any third party content or error, omission or inaccuracy in any advertising material.
11.4 Invalid Provision
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, SOMWS shall amend the invalid provision in such reasonable manner as achieves the intention of the parties without illegality, or at SOMWS ‘s discretion such provision may be severed from this agreement and the remaining provisions shall nevertheless remain in full force and effect. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in England and Wales.
- Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute, which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.