Terms and Condtions

By Logging on you will be deemed to be offering to subscribe to on the terms and conditions of this Agreement. This Agreement shall take effect from the date of Lloyd’s Register - Fairplay Ltd's acceptance of your completed subscription application form.

1. DEFINITIONS
Throughout this Agreement: -
1. "LRF" shall mean Lloyd’s Register - Fairplay Ltd., having its registered office at Lombard House, 3 Princess Way, Redhill, Surrey, RH1 1UP.
2. The "System" shall mean the LRF Portguide.com system as may be amended by LRF from time to time and accompanying software.
3. The "Subscriber" or "you" shall mean the subscriber to the System whose completed application form for subscription to the System has been accepted by LRF and "your" shall be construed accordingly.
4. "LRF Group" shall mean LRF, its shareholders, affiliates, subsidiaries and third party content and information providers and the officers, directors, employees, representatives and agents of any of them, individually or collectively.

2. USE OF THE SYSTEM
1. LRF grants to you a non-transferable, non-exclusive licence to use the System for a period of one year from the date of LRF’s acceptance of your application form for subscription to the System for your own internal business purposes. In the case of a single user licence being purchased you shall use the System on a single work station only. In the case of a concurrent user licence being purchased you shall be permitted to use the System on the number of work stations agreed with LRF at a single continuous geographical site as specified at the time of your order. A separate licence must be obtained for use of the System at another geographical site.
2. You shall use your best endeavours to keep the user name and password issued to you by LRF secure both during this Agreement and after its termination.
3. To the extent permitted by the System, you may print text and tables which appear within the System for your internal business use, subject to acknowledgement of source and retention of any copyright mark.
4. Save as specified above, you may not use, disclose, copy, modify, alter, adapt, display, transmit, transfer, print or otherwise reproduce in whole or in part, the System, including, but not limited to, de-compiling, disassembling or creating derivative works of the System.
5. LRF may make alterations to the format of data within the System and the System functionality provided this shall not substantially depart from the published specification for the System current at the date of commencement of this Agreement.
6. You acknowledge that LRF and its third party providers own all right, title and interest in and to the System, including but not limited to all data and content therein and all associated intellectual property rights. Nothing herein shall be deemed a transfer of any such ownership rights to you.

3. PAYMENT
1. You shall make a payment for use of the System, depending on the number of users permitted to use the System, in accordance with LRF’s published fees.
2. At the end of the initial period and at each anniversary date thereafter, you may continue your subscription to use the System by paying the then current fee(s).
3. LRF’s invoices shall be paid within 30 days of the date of invoice.

4. WARRANTIES AND LIABILITIES
1. The information published by the System has been obtained from sources believed to be reliable by LRF but LRF is unable to guarantee the accuracy of all details.
2. LRF shall use all reasonable endeavours to ensure that the System shall comply with its published specification as may be amended from time to time. However, the LRF Group makes no warranty or representation, either express or implied, (including without limitation, as to quality, performance, merchantability or fitness for a particular purpose) with respect to the System or any part thereof.
3. Except as set out in this Agreement, the LRF Group will not be liable for any loss, damage or expense sustained by any person and caused by any act, omission, error or negligence of any of the LRF Group or caused by any inaccuracy in any information, data or advice given in any way by or on behalf of the LRF Group even if held to amount to a breach of warranty. Nevertheless, if the Subscriber uses the System or relies on any information, data or advice given by or on behalf of the LRF Group and as a result suffers loss, damage or expense that is proved to have been caused by any grossly negligent act, omission or error of the LRF Group or any grossly negligent inaccuracy in information, data or advice given by or on behalf of the LRF Group, then LRF will pay compensation to such person for his proved loss up to but not exceeding an amount equal to the annual subscription fee charged by LRF for a single user licence for the System, as applicable from time to time
4. The LRF Group will not be liable or responsible in negligence or otherwise to any person not a party to this Agreement for (i) any information, data or advice expressly or impliedly given by the LRF Group or (ii) any act, omission or inaccuracy by the LRF Group. Nothing in this Agreement will be construed to create rights in favour of any person not a party to this Agreement.
5. The LRF Group will in no circumstances be liable for indirect or consequential loss, damage or expense (including, but without limitation, loss of profit, loss of contracts or loss of user) suffered or incurred by any person resulting from any failure by the LRF Group.
6. You shall, at your expense, indemnify, defend, and hold the LRF Group harmless from and against any and all claims, losses, liabilities, damages, actions, proceedings, costs, and expenses (including without limitation reasonable attorney’s fees) arising out of or relating to your use of the System.

5. INTELLECTUAL PROPERTY RIGHTS
Copyright and all other intellectual property rights in the System and all parts thereof are vested in and shall remain vested in LRF.

6. TERMINATION PROVISIONS
1. This Agreement may be terminated by either party by serving written notice on the other party in the event that the other party is in material breach of any term or condition of this Agreement. In the event of your misuse of the System, access thereto shall be withdrawn immediately.
2. The termination of this Agreement by either party or otherwise the expiration of this Agreement shall entitle LRF to reallocate your user name and user password to another subscriber to the System.
3. Expiration or termination of this Agreement for whatever reason by either party shall not release you from any of your responsibilities or obligations under this Agreement and without limitation, the provisions of clause 3 shall survive the expiration/termination of this Agreement.

7. FORCE MAJEURE
No failure or omission by either party to carry out or observe any of the stipulations, conditions or warranties to be performed as set out herein shall give rise to any claim against such party or be deemed to be a breach of contract to the extent that such failure or omission arises from causes reasonably beyond the control of such party.

8. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with English law. The parties hereby submit to the non-exclusive jurisdiction of the English courts.

9. MISCELLANEOUS
1. Terms and conditions contained in this Agreement may be changed by us in our sole discretion by informing you on screen the next time you attempt to use the System that changes to this Agreement have been made and providing a link to the text of the new Agreement. The changes we may make include, without limitation, amendments of, additions to or deletions of any of the clauses herein and the addition of new clauses containing new terms and conditions (including, without limitation, terms and conditions relating to charges payable by you for the use of the System).
2. You shall provide LRF with accurate, complete and updated business and personal information for the purposes of this Agreement and subscription to the System. Failure to do so shall constitute a breach of this Agreement.
3. Either party may use regular, unencrypted electronic mail for transmission of correspondence concerning this Agreement. Any notice to terminate this Agreement shall however be forwarded in writing to, in the case of LRF, its registered office address and in the case of the Subscriber, its registered office address or the address detailed in the application form as may be amended from time to time.
4. You may not transfer or assign any of your rights or obligations hereunder, in whole or in part to any third party.
5. If any provision or part of this Agreement is or becomes invalid or contravenes any applicable law the remaining provisions shall remain in full force and effect.
6. You acknowledge that any breach of this Agreement may cause irreparable harm to the LRF Group for which monetary damages may not be sufficient, and you agree that the LRF Group will be entitled to seek, in addition to its other rights and remedies hereunder or at law, injunctive or all other equitable relief, and such further relief as may be proper from a court of competent jurisdiction.

10. DATA PROTECTION
1. Business details and personal data may be used for the purpose of enquiry concerning the legitimate interests of the businesses listed in this website who have given permission for their information to be used for this purpose.
2. Unlawful processing of personal data and contact with the individuals whose data are published in this website for reasons of marketing, promotion or research, without the permission of the individual, will be a breach of the terms of this Licence.