Terms & Conditions

IMPORTANT

BY ACCESSING AND USING THE FINDAPORT.COM WEB SITE YOU WILL BE LEGALLY BOUND BY THESE TERMS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, THEY CONTAIN INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.

The Findaport.com Web Site is operated by Shipping Guides Limited.

If You do not wish to be bound by these Terms and Conditions, You may not use the Findaport.com Web Site and should exit the Findaport.com Web Site at once.

These Terms and Conditions shall apply to Your use of the website located at www.findaport.com and all pages and parts thereof ("the Findaport.com Site").

1. DEFINITIONS

1.1 "You/Your" means You, the user.

1.2 "We/Us" means Shipping Guide Limited. Findaport.com is a Shipping Guides Limited product and the Findaport.com Site is the property of Shipping Guides Limited.

1.3 "Findaport.com Site" or "Findaport.com Web Site" shall have the meaning as set out above.

1.4 "User Information" means the personal details that may be provided by You to Us via the Findaport.com Site.

1.5 "Users" means the users of the Findaport.com Site collectively and/or individually as the context admits.

1.6 "Web Site" or "Website" means a site on the World Wide Web.

1.7 "Subscription" means the subscription or subscriptions to the Findaport.com package or packages to be provided by Us to You, as described in the Order Form and Confirmation Notice and on the pages of the Findaport.com website.

1.8 "Subscription Service" means the provision of a Subscription by Us to You.

1.9 "Order Form" means the form completed by You online and showing details of the Subscription which you have offered to purchase from us.

1.10 "Confirmation Notice" means the form issued by Us to You, which may be via email, within 3 Working Days after you have placed an order, confirming details of the Subscription which You have offered to purchase and whether We agree to accept your offer and supply the Findaport.com service to you.

2. ACCEPTABLE USE

You agree that any use by You of the Findaport.com Site shall be in accordance with the following conditions:

2.1 You must not post or transmit through the Findaport.com Site any defamatory, threatening, obscene, harmful or pornographic material or material which would violate or infringe in any way upon the rights of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience or which does not comply with all relevant laws. You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. You must always treat other users with respect.

2.2 You will and must not post or otherwise make available on the Findaport.com Site any material which You do not own without the express permission of the owner of the material.

2.3 You may not copy, download, reproduce, republish, broadcast, print, transmit in any manner whatsoever, any material on the Findaport.com Site except as is strictly necessary for Your own personal non-commercial home use.

2.4 You agree not to use the Findaport.com Site to transmit any material for the purpose of publicity, promotion and/or advertising or any other commercial purpose.

3. NATURE OF OUR WEB SITE

3.1 Findaport.com is a place for you to select and access port information and related information, and for you to browse news articles, new information and other items that may be posted from time to time.

3.2 Please note that you must be over 18 to purchase the Products, using the payment method displayed on the Findaport.com web site.

3.3 We may offer Free trial accounts on Findaport.com. We may collect information about you when you sign up to a Free account. Please see our Privacy Polocy for further information. Where applicable these terms and conditions will apply in full to the use of the Free account.

4. SUBSCRIPTIONS

4.1 This section relate to subscription to the Findaport.com packages which you offer to purchase from us. Please read this section carefully, which govern your use of the Findaport.com subscription service. They do not affect your statutory rights. We will be unable to process any offer to purchase a subscription until you have indicated that you have read and agree to these Terms & Conditions by selecting the tick box for "I have read and agree to the Terms and Conditions".

4.2 By making an offer to purchase, you agree to be bound by the whole provisions of the Terms & Conditions between You and Us. If you do not accept these provisions you should not place an order.

4.3 We may change these terms and conditions at any time. Any changes will take effect on the date they are posted onto the site and we are not under any obligation to notify you of such changes. You will be asked to read and accept the terms and conditions each time you place an order, to ensure that you are familiar with the most current ones.

4.4 Nothing in the Findaport.com website is intended or shall be interpreted to mean that we are making a legal offer to you to provide a Subscription; we are inviting you to make a legal offer to us to purchase a Subscription. It is entirely at our discretion to accept or reject the offer to purchase.

4.5 The Agreement is concluded only when we have accepted your order by sending you a Confirmation Notice (which may be via email).

4.6 Payment for Subscriptions can be made using our secured online payment gateway and will be debited when we have accepted your offer to purchase.

4.7 All prices are quoted in UK pounds Sterling excluding VAT unless otherwise stated.

4.8 To purchase an account you will need to follow the ordering procedures set out on our order pages.

4.9 Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your ordering procedures. Our acceptance of your order brings into existence a legally binding contract between us.

4.10 Details of our prices for the Products, and the procedures for payment are displayed on the Findaport.com web site. The price of any Product is the price in force at the date and time of your order. We may change the price of any Product before you place an order. We try to ensure that our prices displayed on our web site are accurate.

4.11 Shipping Guides is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means ('Confirmation') to the email address you have given us on registration or on ordering. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, as soon as reasonably possible.

4.12 You undertake that all details you provide to us for the purpose of purchasing goods or services which may be offered by us on our web site will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.

4.13 We shall inform you if your payment details cannot be authorised for any reason and may invite you to pay by another method.

4.14 There is a minimum contract term of twelve months for all Subscriptions. You may cancel your subscription after the minimum contract period by contacting us using the contact form within the Findpoart.com website or by writing to us.

4.15 You agree to pay all fees and charges that you incur. The Subscription payment is non-refundable, however, remaining portion of the payment can be credited towards a higher level subscription, should you decide to upgrade (such as from a Silver package to Gold package subscription). We may at any time change the amount of, or basis for determining, the subscription fee, or institute new fees or charges.

4.16 If for reasons beyond our reasonable control, including but not limited to fire, floods, storm, plant breakdown, lock-outs, riots, industrial action which prevents entry to premises, hostilities, nonavailability of materials or supplies, we are unable to supply the Findaport.com service to you, we may cancel the Agreement at any time by giving notice to you.

4.17 If you wish to correct an error made by you in your offer or withdraw your offer to purchase a Subscription from us prior to the issue of the Confirmation Notice, you must notify us of this fact in writing.

4.18 Where you fail to inform us by the Commencement Date of the provision by you of incorrect specification of the Subscription, we reserve the right to charge you the full price of the Subscription. Please inform us as soon as you are aware of such errors.

4.19 All contracts in relation to the Subscription Service shall be concluded in English.

4.20 Your personal data will be processed by us as set out in our Privacy Policy.

5. CANCELLATION BY US

5.1. You should be aware that it may not always be possible for Shipping Guides to fulfil orders due to factors beyond our control. We reserve the right to cancel the contract between us at our sole discretion and for any reason, including but not restricted to the following reasons:
1. we do not take orders from your area; or
2. the Products you ordered was listed at an incorrect price due to a typographical error.
5.2 If we do cancel your contract we will notify you by email and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order.

6. RETURNS

6.1 All sales are final. Because the Findaport.com web site offers a free account to ensure that this product will meet your needs without the need to purchase, there will be no refunds. Before deciding to purchase an account, please be sure to fully test the free account version that we provide. Unlike physical goods, electronically distributed software and software licenses can be easily duplicated. Accordingly, it is our policy that once a customer has signed up to an account, the sale is final.

6.2 If you have any complaints, you should direct them to us via the Contact Us page on the Findaport.com web site; or by post at Shipping Guides Limited, 28 Reigate Hill, Reigate, Surrey, RH2 9NG.

7. MODIFICATIONS

7.1 We reserve the right to alter, suspend or discontinue any aspect of our web site or the content or services available through it, including your access to it. Unless explicitly stated any new features including new content, and/or the release of new tools or resources shall be subject to these terms and conditions.

8. INFORMATION YOU PROVIDE

8.1 The following applies to any information you provide to us, for example during any registration or ordering process:
1. You authorise us to use, store or otherwise process any personal information which relates to and 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 web site by us or our sub-contractors.
2. If you obtain or choose to buy Products through our web site then we may collect information about your buying behaviour and if you send us personal correspondence such as emails or letters then we may collect this information into a general file (together, the various purposes set out in this paragraph and in our privacy policy shall be known as 'the Purposes'). All such information collected by us shall be referred to in these terms and conditions as 'Personal Information'.
3. You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy.

8.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following notification to you by means of email. If you would like to review or modify any part of your Personal Information then you should contact us via the Contact Us page.

8.3 In addition, the following also applies to all messages, emails, bulletin boards postings, ideas, suggestions, concepts or other material submitted by you to us ('Content'):
1. you must own or have the right to submit Content for publication on our web site;
2. you must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful; and
3. we have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming emails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.

8.4 You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all Content that you submit to us except any portion of the Content that is Personal Information.

9. SECURITY

9.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to you or selected by you for use on our web site. You may not share these with or transfer them to any third parties. You must notify Shipping Guides immediately of any unauthorised use of them or any other breach of security regarding our web site that comes to your attention.

10. APPLICABILITY OF ONLINE MATERIALS

10.1 Unless otherwise specified the materials published on our web site are presented solely for your private, personal and non-commercial use.

10.2 Our web site is controlled and operated by us from our offices in 28 Reigate Hill, Reigate, Surrey, RH2 9NG. Where content published on the web site is supplied by third parties, you understand that we do not control or endorse their contents in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content. You assume total responsibility and risk for your use of our web site and use of all information contained within it.

10.3 We have used our best endeavours to ensure that our web site complies with UK law. However, we make no representations that the materials on our web site are appropriate or available for use in locations outside the United Kingdom. If you visit our website from a location outside the United Kingdom it is your sole responsibility to ensure that visiting and using our website is permitted under the laws applying in that location and we accept no liability for any resulting breach of such laws.

10.4 Shipping Guides makes no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. Shipping Guides accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.

11. COPYRIGHT AND MONITORING

11.1 The contents of our web site are protected by international copyright laws and other intellectual property rights. The owner of these rights is Shipping Guides or other third party licensors. All product and company names and logos mentioned in our web site are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our web site for the sole purpose of placing an order with Shipping Guides or using our web site as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our web site including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.

12. LINKED SITES

12.1 Shipping Guides make no representations whatsoever about any other web sites which you may access through our web site or which may link to our web site. When you access any other web site you understand that it is independent from Shipping Guides and that we have no control over the content or availability of that web site. In addition, a link to any other site does not mean that Shipping Guides endorses or accepts any responsibility for the content, or the use of, such a web site and 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 web site administrator or web master.

13. AVAILABILITY OF OUR WEB SITE

We will try to make our web site available but cannot guarantee that our web site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our web site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other internet connected device.

14. LIABILITY

14.1 We promise that all Products you purchase from our web site will be of satisfactory quality. We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the products, our web site or any information or service provided through our web site. We will do our best to ensure that all materials and information published on our web site are accurate, but please note that all materials and information on our web site are provided on an 'as is' basis.

14.2 In relation to the purchase of Products, 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), 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 our web site or its contents other than as a direct result of purchasing Products, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Shipping Guides or our servants, agents or any other person.
14.3 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence.

14.4 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our web site and is compatible with our web site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our web site 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.

14.5 The limitations and exclusions in this clause only apply to the extent permitted by applicable law.

15. OUR RIGHTS

15.1 Material that is posted on any bulletin boards or chat forums is written by Users and We are not responsible for and give no endorsement of such material. We monitor the contributions and may respond to or comment upon communications by You and edit, refuse to post or remove any content from the bulletin boards and chat forums at our absolute discretion. No failure to remove particular material constitutes an endorsement or acceptance of it by Us.

15.2 We reserve the right, at any time, to modify, alter, or update these terms and conditions of use, and You agree to be bound by any such modifications, alterations or updates which are posted on the Findaport.com Site.

16. PRIVACY

16.1 We shall comply with applicable UK Data Protection legislation from time to time in force in respect of any personal information relating to You gathered by Us.

16.3 Please email Us using the contact us section of the Findaport.com Site to notify Us of any changes to the information You have previously given or if You wish to withdraw Your consent to Our using the User Information for the stated purposes or for any form of promotional contact.

16.4 You acknowledge that, as is the case with all computer networks linked to the Internet, We cannot absolutely guarantee and will not be responsible for the security or privacy of information that you provide us with through the Findaport.com Site.

17. SAFETY

We give Our ongoing commitment to use all reasonable endeavours to ensure that You can use the Findaport.com Site with confidence. When using the Findaport.com Site, in particular any bulletin boards or chat forums, You should always take the following precautions:

17.1 keep Your identity private. Do not give out Your full name, postal address, telephone number, email address or any other information (other than that specifically requested by Us), that could help someone discover Your actual identity;

17.2 never get together with someone You meet online;

17.3 do not reply to any messages that are hostile, rude or inappropriate, or in any way make You feel uncomfortable. Instead, please let Us know about them immediately by emailing Us using the Contact Us section of the Findaport.com Site.

18. INDEMNITY

You agree to indemnify Us, and/or any of Our affiliates and Our agents and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by You or any other liabilities arising out of Your use of the Findaport.com Site.

19. TERMINATION

We shall have the right to terminate immediately Your use of the Findaport.com Site if We determine in Our sole discretion that You have breached these terms and conditions or otherwise have been engaged in conduct which We determine in Our sole discretion to be unacceptable.

20. FEEDBACK

Should You wish to make any comments to Us about the Findaport.com Site or if you have any questions relating to the same please do not hesitate to contact Us.

21. GENERAL

21.1 If any of these terms and conditions are determined to be invalid or otherwise unenforceable by reason of the application of any law, such provisions shall be severed and deleted from these terms and conditions and the remainder of these terms and conditions shall continue to have full force and effect.

21.2 The Findaport.com Site is controlled and operated in England. We do not make any representation that materials in and/or facilities or services offered through The Findaport.com Site are available for use in other locations, or that they comply with any legal or regulatory requirements of such other locations. You access this website at Your own risk and on Your own initiative and are responsible for compliance with local laws, to the extent that they are applicable.

21.3 These Terms and Conditions are governed by English law and both You and Us hereby submit to the non-exclusive jurisdiction of the English courts.