Website Terms and Conditions of Use
1. About our terms and conditions
1.1 These terms of use explain how you may use this website (the “Site”). Use of our site includes accessing, browsing, or interacting with our Site in any way.
1.2 References in these terms to the Site includes the following websites: www.idwalmarine.com and all associated web pages.
1.3 Please read these terms of use carefully before you start to use our Site, as these will apply to your use of our Site.
1.4 By accessing or using this Site you agree to be bound by, and comply with, these terms and conditions and the documents referred to in them (including our privacy and cookie policy available at https://www.idwalmarine.com/home/policy If you do not agree with or accept any of these terms, you should stop using the Site immediately.
1.5 We may update these terms from time to time in accordance with clause 12 below.
1.6 If you have any questions about the Site, please contact us by using the contact details at www.idwalmarine.com
2. About us
2.1 The Site is operated by Idwal Marine Services Limited (“we”, “us” or “our”). We are a company registered in England and Wales under company number 07302506 and have our registered office at 1 Caspian Point, Caspian Way, Cardiff, CF10 4DQ.
2.2 References to us in these terms also includes our group companies from time to time.
3. Using the Site
3.1 Our site is made available free of charge.
3.2 We permit you to use the Site only in accordance with these terms of use (and any documents referred to in them). Use of the Site in contravention of these terms of use is not permitted. If you do not agree with these terms of use, you may not use the Site.
3.3 You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
3.4 The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
3.5 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us.
3.6 We may prevent or suspend your access to the Site if you do not comply with any part of these Website terms and conditions, any terms or policies to which they refer or any applicable law.
4. Ownership, use and intellectual property rights
4.1 References in these terms of use to:
4.1.1 “Content” means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site; and
4.1.2 “Intellectual Property Rights” means copyright, patents, rights in inventions, rights in confidential information, know-how, trade secrets, trade marks, service marks, trade names, design rights, rights in get-up, database rights, rights in data, domain names, rights in computer software and all similar rights of whatever nature and, in each case: (i) whether registered or not, (ii) including any applications to protect or register such rights, (iii) including all renewals and extensions of such rights or applications, (iv) whether vested, contingent or future and (v) wherever in the world they exist.
4.2 This Site and all Intellectual Property Rights in it, including but not limited to any Content placed on or submitted to the Site by us or on our behalf, are owned by us, our licensors or both (as applicable). Such Content is protected by copyright laws and treaties around the world. We and our licensors reserve all of our and their rights in any Content (including all Intellectual Property Rights therein) in connection with these terms of use. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
4.3 Nothing in these terms and conditions grants you any legal rights in:
4.3.1 the Site; or
4.3.2 any Content placed on or submitted to the Site by us or on our behalf,
other than as necessary to enable you to access the Site, and any further or additional use is strictly prohibited unless you have our prior written permission.
4.4 You agree not to adjust, circumvent (or attempt to circumvent) or delete:
4.4.1 any notices contained on the Site (including any notices relating to Intellectual Property Rights); or
4.4.2 any digital rights or other security technology embedded or contained within the Site.
4.5 If you print off, copy or download any part of the Site in breach of these terms of use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
5. Submitting information to the Site
5.1 While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (“Unwanted Submissions”). While we value your feedback, you agree not to submit any Unwanted Submissions.
5.2 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.
6. Accuracy of information and availability of the Site
6.1 We may update the Site from time to time, and may change the content at any time. While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. We make no representations, warranties or guarantees, whether express or implied, that the Content on the Site is accurate, complete or up-to-date. Any reliance that you may place on the information on the Site is at your own risk.
6.2 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site. If you have any difficulties using the Site, please contact us.
6.3 Access to the Site is permitted by us in our sole and ultimate discretion. We may suspend, withdraw, discontinue or change all or any part of the Site as we see fit and without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.
6.4 You are responsible for making all arrangements necessary for you to have access to the Site.
6.5 Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on our Site.
7. Hyperlinks and third party sites
7.1 The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
8. Viruses
8.1 We do not guarantee that the Site will be secure or free from bugs or viruses.
8.2 You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.
8.3 You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
8.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.
9. Limitation of our liability
9.1 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be lawfully excluded or limited.
9.2 Subject to clauses 9.1 and 9.5, and to the extent permitted by law, we exclude all conditions, warranties, representations or other terms, whether express or implied, which may apply to the Site or any Content on it.
9.3 Subject to clauses 9.1 and 9.5, we will not be liable to any user of the Site for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
9.3.1 use of, or inability to use, the Site; or
9.3.2 use of or reliance on any Content displayed on the Site.
9.4 Please note that in particular, we will not be liable for:
9.4.1 loss of profits, sales, business, or revenue;
9.4.2 business interruption;
9.4.3 loss of anticipated savings;
9.4.4 loss of business opportunity, goodwill or reputation; or
9.4.5 any indirect or consequential loss or damage.
9.5 If you have purchased Services from us then our liability to you in respect of the Services will be governed by our General Conditions for the Provision of Consultancy Services as available from time to time.
10. Events beyond our control
We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
11. Rights of third parties
No one other than a party to these terms and conditions has any right to enforce any of these terms and conditions.
12. Variation
These terms are dated 1st July 2016. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.
13. Breach
We shall apply these terms of use in our absolute discretion. In the event of your breach of any of these terms we may terminate or suspend your use of the Site and take any other action we consider necessary to remedy the breach.
14. Disputes
14.1 We will try to resolve any disputes with you quickly and efficiently.
14.2 If you are unhappy with us under this contract please contact us as soon as possible.
14.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
14.3.1 let you know that we cannot settle the dispute with you, and
14.3.2 give you certain information required by law about the options available to you.
14.4 If you want to take court proceedings then clause 15 shall apply.
15. Applicable law
15.1 These terms of use, their subject matter and formation (and any non-contractual disputes or claims) are governed by the law of England and Wales. We both agree to the exclusive jurisdiction of the courts of England and Wales.