Terms and Conditions

STANDARD TERMS & CONDITIONS FOR USE OF THIS WEB SITE

This page states the “Terms and conditions” under which you may use seaplant.com. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this web site and service. By using this Web Site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. Seaplant Exchange International Ltd. (the “Company”) may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms “You” and “User” as used herein refer to all companies, organisations, individuals and/or entities accessing this Web Site for any reason.

USE OF MATERIAL

The Company authorises you to view and download a single copy of the material on Seaplant.com (the “Web Site”) solely for your personal, non-commercial use.

The contents of this Web Site, such as text, graphics, images, logos, button icons, software and other “Material”, are protected under both U.K. and international copyright, trademark and other laws. All Material is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of the Company and protected by U.K. and international copyright laws. Unauthorised use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.

You shall not copy or adapt the HTML code that the Company creates to generate its pages. It is also protected by the Company’s copyright.

TRADE NAMES

Seaplant.com and its logos on this site are trade names of Seaplant Exchange International Ltd. You may not use these names or logos without the Company’s consent.

ACCEPTABLE SITE USE

General Rules: Users may not use the Web Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Web Site Security Rules. Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.

SPECIFIC PROHIBITED USES

The Web Site may be used only for lawful purposes by companies and individuals seeking or selling equipment and services, individuals seeking employment and career information and employers seeking employees. The company specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:

Posting items of equipment and/or services that you are not legally able to sell or offer or that it is unlawful to sell or offer, or that it is unlawful to export/import, or if you do not have the right to use all contents in your listings and we do not have the right to host it on our services.

Posting any incomplete, false or inaccurate details of any equipment or services offered.

Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate CV (living individual seeking employment on a full-time or part-time basis on his or her own behalf).

Posting any franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents.

Deleting or revising any material posted by any other company, organisation, person or entity.

Unsolicited modifying of data or other material from Seaplant.com or merging the data with any other data.

Using or redistributing the data in the listings for the purpose of compiling databases, lists or directories as a source targeting material or contact data for any kind of telemarketing, viral or other electronic marketing activity on your own behalf or on behalf or for the benefit of another party.

Using any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this site.

Taking any action which imposes an unreasonable or disproportionately large load on this Web Site’s infrastructure.

If you have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorised purpose.

Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from the Company on this Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site.

FRAUD

Without limiting any other remedies, we may suspend or terminate your account if we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Web Site.

USER INFORMATION

When you register for the Web Site, you will be asked to provide the Company with certain information including, without limitation, a valid email address. In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that the Company may disclose to third parties, certain aggregate information contained in your registration application. On compeletion of the registration you agree that we can disclose to any third party your name, address, email address or telephone number without prior consent, and to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. If you have checked the receive newsletter box you have agreed to receive periodical newsletters by either post, fax or email as and when the company decides.

CLASSIFIED LISTING

Listing Description. If you are a seller, you must ensure that you are legally able to sell each item included in a listing on the Web Site, and that it is lawful to sell such item to U.K. residents or (if the buyer is resident overseas) that it is lawful to sell and export such item to a person resident in the buyer’s jurisdiction. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, relevant to the sale of that item and you are responsible for ensuring that you have the right to use all content in your listings and we have the right to host it on our servers. All items must be listed in an appropriate category. Any item listed must have a sale price or less than £500.00 excluding any delivery, and price must be stated.

The Company does not make any representation whatsoever about any equipment, service or job vacancy advertisement which is accessed either on, by virtue of or by way of any links from this Web Site nor about any of the advertisers who appear on this Web Site because in compiling the same the Company relies on information provided to it by third parties. Accordingly it is a matter for you to satisfy yourself as to the suitability of any equipment, service, employer or job found directly or indirectly through this Web Site. The purchaser, user or seller, candidate/job applicant takes full responsibility for decisions made when buying, selling, using equipment or services or applying for a vacancy. The Company or its directors or staff are not responsible for any costs relating to such decisions.

USER SUBMISSIONS

As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Web Site you agree not to, do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is false, inaccurate, misleading, offensive, menacing, in breach of copyright, privacy or confidence; infringe any third party’s copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy; be fraudulent or involve the sale of counterfeit or stolen items; be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising); be obscene, indecent or contain child pornography; create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; cause the Web Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Web Site is in any way impaired; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other company, organisation, person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, unless agreed by the Company; post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

The Company acts as a passive conduct for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or non-performance of such activities. The Company reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

By submitting content to any public or non-public area of the Web Site, you grant the Company and its affiliates the loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.

PRIVACY

Please note that your information will be stored and processed on our computers in the United Kingdom. The international laws on holding personal data may be less stringent than the U.K. laws. The Company will hold and transmit your information in a safe, confidential and secure environment. The Company will never sell or rent your personal information to third parties except as described in the Privacy Commitment. If you object to your information being transferred or used in this way please do not register.

REGISTRATION AND PASSWORD

User ID. Your user ID is your email address and must be stated on the compeletion of registration and you must register a password. Initially the Company supplies you with a password which you can change if you wish. You are responsible for all actions taken by that user ID address and password whether or not authorised by you. You must use every effort to keep your password safe and should not disclose it to any other person/company. For your own safety you should not permit, either directly or indirectly, any other person to utilise your user ID or password. You agree to immediately notify the Company of any unauthorised use of your registration or password.

THE COMPANY’S LIABILITY

Seaplant.com is only a venue. This Web Site acts as a venue for companies and individuals to post equipment, services, classified advertisements, jobs, news, events and products listings and does not screen or censor the listings offered. The company is not involved in the actual transaction between companies or individuals. As a result, the Company has no control over the quality, safety or legality of the items listed, services or jobs etc posted, the truth or accuracy of the listings, the condition of equipment, the quality of the service, the ability of sellers to sell items or the ability of buyers to buy items or the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. Do not assume that the offer, sale, purchase, export, import or any item or a job vacancy, product description, news or event is valid and legal simply because it is listed on the Web Site. We are not responsible for ensuring that buyers, sellers and employers or job applicants actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you. In addition, note that there are risks, including but not limited to, equipment safety and quality, the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site.

Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each user is who they claim to be. The Company is not and cannot be involved in user-to-user dealings or control the behaviour of participants on the Web Site. In the event that you have any right, claim or action against any other user arising from that user’s use of the Web Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release the Company (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.

Information Control. We do not control the information provided by other users which is made available through the Web Site. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Web Site. Please note that there are also risks of dealing with underage persons or people acting under false pretences. By using this Site, you agree to accept such risks and agree that the Company is not responsible for the acts or omissions of users on the Web Site.

The material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material contained therein placed by you on the Web site. Employers are solely responsible for their job vacancy postings on the Web Site.

The Company is not to be considered to be a seller, a selling agent or an employer with respect to your use of the Web Site and the Company shall not be responsible for any equipment disputes, service disputes or employment decisions or disputes, for whatever reason made, made by any entity posting equipment, services or jobs on the Web Site.

The company does not warrant that the Web Site will operate error-free or that the Web Site and its server are free of computer viruses or other harmful mechanisms. If your use of the Web Site or the material results in the need for servicing or replacing equipment or data, the company is not responsible for those costs.

The Web Site and material are provided on an “as is” basis without any warranties of any kind. The Company, to the fullest extent permitted by law, disclaims all warranties whether expressed or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. The Company makes no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.

VIRUSES ETC

The Company will not be liable to you for any direct, indirect, consequential, special or other damage resulting from the transmission from this Web Site to your computer systems of viruses, worms, trojan horses or other destructive items, however caused, such damage to include, without limitation, loss of profits, interruption to business, loss of the whole or any part of a programme or any data howsoever stored whether saved on a computer system or otherwise.

LOSSES RESULTING FROM UNAUTHORISED ACCESS TO YOUR DATA

You accept the risk that data transmitted electronically via the Web Site or otherwise may be intercepted before reaching its intended destination or accessed by unauthorised third parties and may be exploited unlawfully by such third parties. The Company does not assume responsibility for guarding against the acts of such third parties and shall not be liable for any direct, indirect, consequential, special or other damage resulting from third parties’ interception of or access to data of whatever nature.

DISCLAIMER OF CONSEQUENTIAL DAMAGES

In no event shall the Company, its suppliers, or any third parties mentioned on the Web Site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Web Site and the material, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.

LICENCE

To enable the Company to use Your Information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in Your Information, in any media now known or not currently known. You also waive all moral rights you have in Your Information to the fullest extent permitted by law.

YOUR INFORMATION

Definition “Your Information” is defined as any information you provide to us or other users in relation to the Web Site service including the registration, company details, news, product details, job information and other content that you post within the Web Site. You are solely responsible for Your Information, and we act as a mere conduit for your online distribution and publication of Your Information.

THIRD PARTY RIGHTS

A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.

LINKS TO OTHER SITES

The Web Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third party web sites, you do so at your own risk.

No Resale or Unauthorised Commercial Use.

You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorised commercial use of the Web Site.

LIMITATION OF LIABILITY

Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.

We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.

Our liability to you or any third party, and the liability of our parent, subsidiaries affiliates, officers, directors, agents and employees, in any circumstance is limited to the greater of (a) the total fees you have paid to us in relation to the listing or Web Site advertisement giving rise to liability, and (b) £50.00. (Fifty pounds sterling).

TERMINATION

The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your listings from this Web Site and immediate termination of your registration with or ability to access the Web Site and/or any other service provided to you by the Company, upon any breach by you of these Terms and Conditions or if the Company is unable to verify or authenticate any information you submit to the Web Site registration with or ability to access the Web Site.

INDEMNITY

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

GENERAL

The Company makes no claims that the Materials may be lawfully viewed or downloaded outside of the U.K. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the U.K., you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by and construed in accordance with English Law and subject to the exclusive jurisdiction of the English Courts. Please note that your company (and/or that of any user you deal with) may have laws which apply to your transactions with other users regardless of what you agree with us (now) or with that user (later).

The laws of your country may be different from English Law, including laws governing what can be legally offered, sold, exported, brought or imported. There may be additional legal requirements, relating to (for example) the requirement to hold a licence to buy or sell certain items, or to register a transfer in a central registry. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, advertising, purchase and solicitation of offers to purchase and sale of items. There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.

If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provision of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Web Site a particular “Legal Notice,” or Software License or material on particular Web pages, these Terms and Conditions constitute the entire agreement between you and the Company with respect to the use of Web Site. No changes to these Terms and Conditions shall be made except by a revised posting on this page.

You and the Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.

This agreement will prevail over any conditions of sale imposed by a seller, buyer or advertiser.

ADDITIONAL TERMS OF USE

Certain areas of this Web Site may be subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.