Ship Selector

Terms and conditions of use

Introduction
1. These terms and conditions shall govern your use of our website.
2. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
3. If you [register with our website, submit any material to our website or use any of our website services], we will ask you to expressly agree to these terms and conditions.
4. You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
5. Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy which can be read here at our website.
Copyright notice
1. Copyright Â© 2017 SHIPSELECTOR.COM
2. Subject to the express provisions of these terms and conditions:
  1. we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
  2. all the copyright and other intellectual property rights in our website and the material on our website are reserved.
Licence to use our website shipselector.com
1. You may:
  1. view pages from our website in a web browser;
  2. download pages from our website for caching in a web browser;
  3. print pages from our website;
  4. Share provided information though the share functions
  5. use our linked website services by means of a web browser, subject to the other provisions of these terms and conditions.
2. Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3. You may only use our website for your business purposes, and you must not use our website for any other purposes.
4. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
5. Unless you own or control the relevant rights in the material, you must not:
  1. republish material from our website (including republication on another website);
  2. sell, rent or sub-license material from our website;
  3. show any material from our website in public;
  4. exploit material from our website for a commercial purpose; or
  5. redistribute material from our website.
6. Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.
7. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
Acceptable use
1. You must not:
  1. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
  2. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  3. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
  5. access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
  6. violate the directives set out in the robots.txt file for our website; or
  7. use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing) without our consent.
2. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
Use on behalf of organisation
1. If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
  1. yourself; and
  2. the person, company or other legal entity that operates that business or organisational project, to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant person, company or legal entity.
Buyer registration and accounts
1. This Section 6 applies to buyers and prospective buyers.
2. To be eligible for a buyer account on our website under this Section 6, you must be at least 18 years of age.
3. You may register for a buyer account with our website by completing and submitting the account registration form on our website.
Seller registration and accounts
1. This Section 7 applies to sellers and prospective sellers.
2. To be eligible for a sales account on our website under this Section 7, you must be operating or representing a business and:
  1. if you are a sole trader, you must be at least 18 years of age
3. To be eligible for an individual account on our website under this Section 7, you must be at least 18 years of age.
4. You may register for a sales account with our website by completing and submitting the account registration form on our website.
User login details
1. If you register for an account with our website, you will be asked to choose a user ID and password.
2. Your user ID must not be liable to mislead and must comply with the content rules set out in Section 18; you must not use your account or user ID for or in connection with the impersonation of any person.
3. You must keep your password confidential.
4. You must notify us in writing immediately if you become aware of any disclosure of your password.
5. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
Cancellation and suspension of account
1. We may:
  1. suspend your account;
  2. cancel your account; and/or
  3. edit your account details,
2. You may cancel your account on our website using your account control panel on the website. You will not be entitled to any refund if you cancel your account in accordance with this Section 9.2.
Seller stores
1. If you register with our website as a seller, you will be able to place your offers or services on the website.
2. To publish an offer on our website, you should take the following steps:
  1. Log in to our website with your account credentials
  2. Place your offer under the My Offers section of your account
  3. Fill out all mandatory credentials
3. Offers that are submitted will be automatically published if you activate the offer.
4. Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, unpublish and/or delete any offer that breaches these terms and conditions or that does not meet any additional guidelines for offers published on our website.
5. If we permit the publication of an offer, it will remain published on our website until the seller removes it or if the seller cancels its subscription.
6. It is not allowed to display your contact details in the offer(s), communication between visitor and seller, must be routed through the reply box.
Seller contact details
1. If you register with our website as a seller, and publish offers on the website, your contact details will be provided to paid buyers
2. To let buyers view your contact details on our website, you should clearly fill out all required and non-required fields in your account.
3. Contact details that are submitted will be automatically processed
4. Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, unpublish and/or delete any details that breach these terms and conditions or that do not meet any additional guidelines for information published on our website; and if we reject, unpublish or delete this information for any of these reasons, we will not refund any fees you may have paid to us in respect of the information.
5. If we permit the publication of your contact details, it will remain published on our website until you delete your account.
6. Your contact details submitted to our website must be true, fair, complete and accurate in all respects. It is not allowed to display your contact details in the offer, see Clause 10.6.
Offer rules
1. The only offers that may be the subject of a listing on our website are products falling within the categories as specified on our website.
2. You must not use our website to advertise, buy, sell or supply intangible products or downloadable products.
3. You must not advertise, buy, sell or supply through our website any product that:
  1. breaches any law, regulations or code, or infringes any person's intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;
  2. consists of or contains material that would, if published on our website by you, contravene the provisions of Section 4 or Section 18; or
  3. is or relates to: drugs, narcotics, steroids or controlled substances; pornography; obscene, indecent or sexually explicit materials; knives, swords, firearms or other weapons; ammunition for any weapon; items that encourage or facilitate criminal acts or civil wrongs; or items that encourage or facilitate the infringement of any intellectual property right.
4. The offered vessel or design must be your property or the property of the business you represent.
The buying and selling process
1. ShipSelector.com does not provide an active role in the buying and selling process. The goal of the website is to bring buyers and sellers together. The actual buying and selling process will not be handled by ShipSelector.com. By submitting your offer to our website you must agree to these terms:
  1. When removing an offer, you have to point out if the vessel was sold or charted with the help of ShipSelector.com. In not, you have to state the reason why you retract your offer.
SHIPSELECTOR.COM subscription fees
1. ShipSelector.com sellers must buy a subscription in order to place an offer.
2. ShipSelector.com provides different subscription offers that can change from time to time.
3. Sellers and buyers can use credit card payments to pay for their subscription. ShipSelector.com does not support other forms of payment.
4. In respect of fees payable to us by users:
  1. the fees will be as specified on our website; and
  2. the scope and duration of the services in respect of which the fees are payable will be as specified on our website at the time those fees are paid.
5. All amounts stated in these terms and conditions or on our website are stated inclusive of VAT if applicable. This is automatically calculated.
6. We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.
Payments
1. You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.
2. If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
3. If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
  1. an amount equal to the amount of the charge-back;
  2. all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
  3. an administration fee of USD 25.00 including VAT; and
  4. all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 15.3 (including without limitation legal fees and debt collection fees),
4. If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
5. We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
Our role
1. You acknowledge that:
  1. we do not confirm the identity of website users, check their credit worthiness or bona fides, or otherwise vet them;
  2. we do not check, audit or monitor the information contained in offers;
  3. we are not party to any contract for the sale or purchase of products advertised on the website;
  4. we are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a marketplace for buyers and sellers;
  5. we are not the agents for any buyer or seller,
2. The provisions of this Section 16 are subject to Section 21.1.
Your content: licence
1. In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
2. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media;
3. You grant to us the right to sub-license the rights licensed under Section 17.2.
4. You grant to us the right to bring an action for infringement of the rights licensed under Section 17.2.
5. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
6. You may edit your content to the extent permitted using the editing functionality made available on our website.
7. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
Your content: rules
1. You warrant and represent that your content will comply with these terms and conditions.
2. Your content must not be illegal or unlawful, must not infringe any person's or companyâ€™s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
3. Your content, and the use of your content by us in accordance with these terms and conditions, must not:
  1. be libellous or maliciously false;
  2. be obscene or indecent;
  3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
  4. infringe any right of confidence, right of privacy or right under data protection legislation;
  5. constitute negligent advice or contain any negligent statement;
  6. constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
  7. be in contempt of any court, or in breach of any court order;
  8. be in breach of racial or religious hatred or discrimination legislation;
  9. be blasphemous;
  10. be in breach of official secrets legislation;
  11. be in breach of any contractual obligation owed to any person;
  12. depict violence;
  13. be pornographic, lewd, suggestive or sexually explicit;
  14. be untrue, false, inaccurate or misleading;
  15. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
  16. constitute spam;
  17. be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
  18. cause annoyance, inconvenience or needless anxiety to any person.
4. Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
5. You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
6. You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Report abuse
1. If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
2. You can let us know about any such material or activity by email.
Limited warranties
1. We do not warrant or represent:
  1. the completeness or accuracy of the information published on our website;
  2. that the material on the website is up to date; or
  3. that the website or any service on the website will remain available.
2. We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
3. To the maximum extent permitted by applicable law and subject to Section 21.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
Limitations and exclusions of liability
1. Nothing in these terms and conditions will:
  1. limit or exclude any liability for death or personal injury resulting from negligence;
  2. limit or exclude any liability for fraud or fraudulent misrepresentation;
  3. limit any liabilities in any way that is not permitted under applicable law; or
  4. exclude any liabilities that may not be excluded under applicable law,
2. The limitations and exclusions of liability set out in this Section 21 and elsewhere in these terms and conditions:
  1. are subject to Section 21.1; and
  2. govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
3. To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
5. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
6. We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 21.6 shall not apply.
7. We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 21.7 shall not apply.
8. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
9. Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of the price of your current subscription.
Indemnity
1. You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.
Breaches of these terms and conditions
1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
  1. send you one or more formal warnings;
  2. temporarily suspend your access to our website;
  3. permanently prohibit you from accessing our website;
  4. block computers using your IP address from accessing our website;
  5. contact any or all of your internet service providers and request that they block your access to our website;
  6. commence legal action against you, whether for breach of contract or otherwise; and/or
  7. suspend or delete your account on our website.
2. Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
Third party websites
1. Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
2. We have no control over third party websites and their contents, and subject to Section 23.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
Trade marks
1. our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
2. The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
Variation
1. We may revise these terms and conditions from time to time.
2. The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions
Assignment
1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
Severability
1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Third party rights
1. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
2. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
Entire agreement
1. Subject to Section 21.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
Law and jurisdiction
1. These terms and conditions shall be governed by and construed in accordance with Dutch law.
2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the Netherlands.
Statutory and regulatory disclosures
1. We will specify on the website or elsewhere in these terms and conditions the different technical steps you must follow to conclude a contract under these terms and conditions, and also the technical means for identifying and correcting input errors prior to the placing of your order.
2. These terms and conditions are available in the English language only.
3. We are registered in KVK PLAATS EN NUMMER INVOEREN; you can find the online version of the register at [URL], and our registration number is [number].
4. We are subject to [authorisation scheme], which is supervised by [supervisory authority].
5. We are registered as [title] with [professional body] in [the United Kingdom] and are subject to [rules], which can be found at [URL].
6. We subscribe to [code(s) of conduct], which can be consulted electronically at [URL(s)].
7. Our VAT number is [number].
8. The website of the European Union's online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main. The online dispute resolution platform may be used for resolving disputes.
Our details
1. This website is owned and operated by ShipSelector.com.
2. We are registered in [England and Wales] under registration number [number], and our registered office is at [address].
3. Our principal place of business is at [address].
4. You can contact us:
  1. [by post, using the postal address [given above]];
  2. [using our website contact form];
  3. [by telephone, on [the contact number published on our website from time to time]]; or
  4. [by email, using [the email address published on our website from time to time]].