Please read this carefully because it sets out the terms of a legally binding agreement between you and the Theisen Securities Limited.
These are the terms and conditions on which you may use the Ship Price Indicator website (which we call SPI) and the content/services available on it (which we call "Theisen Content"). These terms apply to your use of SPI and all Theisen Content irrespective of the delivery platform or device you use to access it. By accessing SPI you are agreeing to these terms and conditions. If you use SPI in the course of your business or work, you are also agreeing to these terms and conditions on behalf of that business. We only make these terms and conditions available in the English language. If you do not agree with the terms and conditions (or are not authorised to do so on behalf of your business or work) you should not use SPI or any Theisen Content and should cancel any subscription in accordance with your cancellation rights (see Section 5 below). If you have any questions please contact spi@theisensecurities.com. We recommend that you print and save a copy of these terms and conditions for your records.
Except where we state otherwise references in these terms and conditions to "Theisen" (or "we", "us" or "our") refer to the company operating SPI. See Section 8 below for details.
- Introduction
- Access and Use
- Privacy Policy and Registration
- Our Responsibilities To You
- Subscription Services
- Choice of Law and Jurisdiction
- General
- Corporate Information
- Changes to Terms and Conditions
1. Introduction
These terms and conditions were last updated on 1st September 2016 and replace all previous terms and conditions for www.theisensecurities.com. Theisen may update these terms and conditions for legal or regulatory reasons, or to reflect changes in our services or business practices. We will provide notice of such changes in Section 9 below and if you are a subscriber or registered user we will also email you to notify you of any material change that affects you. You should regularly check Section 9 to see if any changes have been made. If you are a Ship Price Indicator subscriber, any changes will become effective from the date of your next payment following the change unless we notify you otherwise. If you are not a Ship Price Indicator subscriber, any changes will become effective as soon as we notify you of them.
We may in exceptional circumstances cease to maintain Ship Price Indicator, the Theisen Content or cease to provide subscription services. If we do so, then we will have no further obligation to you, unless you are a subscriber in which case we will offer you a refund of the unexpired period of your subscription. See Section 6 for details.
2. Access and Use
Our ability to invest in high quality estimation depends on our users complying with this Section 2.
Unless you are a registered user you may not be permitted to view any estimates; if you are a registered user, you can view a limited number of estimates for free; if you have a subscription, the amount of Theisen Content that you can view will depend on the type of subscription you purchased. From time to time we may invite specific groups of users to access certain sections of ShipPriceIndicator.com which may be the same as or different to the access given under the subscriptions.
Permitted Use: All Theisen Content belongs to Theisen Securities Limited or its licensors who own all intellectual property rights (including copyright and database rights) in the Theisen Content and any selection or arrangement of the Theisen Content. No intellectual property rights in any Theisen Content are transferred to you. "Theisen" and "Ship Price Indicator" are copyright protected and you may not use them without written permission from Theisen. You can do the following:
- view Theisen Content for your personal use on any device that is compatible with SPI (this might be your PC, laptop, Blackberry, iPhone or other mobile device) and store Theisen Content on that device for your personal use.
- print single copies of output on paper for your personal use.
PLEASE NOTE THAT IN ADDITION TO OUR RIGHTS AT LAW TO RESTRICT CERTAIN TYPES OF USE REFERRED TO IN THIS SECTION 2, THE RESTRICTIONS BELOW ARE ALSO CONTRACTUAL IN NATURE AND BIND ALL USERS OF SHIP PRICE INDICATOR.
Restrictions on Use: You cannot use SPI or the Theisen Content for any unlawful purpose or other than as set out in the "Permitted Use" section above, unless you buy the appropriate license from us.
By way of example only, this means that you cannot:
- if you are a registered user or subscriber, you cannot share your user name and password with anyone else. A password is for one person\'s use. Sharing a password means a copy of the Theisen Content may subsequently be made by someone who is not authorised to do so. Password sharing is a breach of our terms and conditions and is likely to result in an infringement of copyright. We monitor usage of Ship Price Indicator to detect password sharing.
- copy, publish, republish or redistribute, communicate or disseminate to third parties
- Theisen Content or any information obtained or derived therefrom in any way.
- create summaries, abstracts or other derivative works from the Theisen Content, except as permitted in the "Permitted Use" section above.
- remove the copyright or trade mark notice from any copies of Theisen Content made under these terms and conditions.
- create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and storing all or any of the Theisen Content (by spidering or otherwise).
- frame, harvest or scrape the Theisen Content or otherwise access the Theisen Content for similar purposes.
Linking: If you would like to link to Ship Price Indicator, please read and comply with the following guidelines and all applicable laws. A site or service that links to Ship Price Indicator:
- may display a Theisen logo but must not otherwise use any Theisen trademarks without permission from Theisen;
- may not remove, distort or otherwise alter the size or appearance of the logo;
- may link to the homepage of Ship Price Indicator, and, provided that the requirements of Section 2 are complied with, may also link to other pages of www.theisensecurities.com;
- must not in any way imply that Theisen is endorsing it or its products or services
- must not misrepresent its relationship with Theisen or present false information about Theisen;
- must not be a site or service that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations;
- must not be a site or service that contains content that could be construed as distasteful or offensive.
3. Privacy Policy and Registration
All information received by you from your use of Ship Price Indicator will be used by Theisen in accordance with our Privacy Policy. Please read this for details of how we may process your personal data.
On registration, you must provide Theisen with accurate, complete registration information and it is your responsibility to update and maintain changes to that information on the applicable SPI registration or subscription pages. Theisen is entitled to rely on any information you provide to us.
Each registration is for a single user only. On registration, you will choose a user name and password ("ID"). You are not allowed to share your ID or give access to Theisen Content through your ID to anyone else. Theisen does not allow multiple users on a network or within an organization to use the same ID. Theisen may cancel or suspend your access to SPI if you share your ID without further obligation to you. You may not create additional registration or subscription accounts for the benefit of others or with the aim of avoiding our use of IDs to control access to and use of SPI.
You are responsible for all use of SPI made by you or anyone else using your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, the Theisen or unauthorised use of your ID or any payment information, you must notify Theisen immediately by e-mailing us at spi@theisensecurities.com. We recommend that you do not select an obvious user password (such as your name) and that you change it regularly.
If you provide Theisen with an email address that will result in any messages Theisen may send you being sent to you via a network or device operated or owned by a third party (e.g. your employer) then you promise that you are entitled to receive those messages. You also agree that Theisen may stop sending messages to you without notifying you.
4. Our Responsibilities to You
A summary of what this section means: this section is important and you should read it carefully. It makes clear to what extent, if any,
Theisen accepts responsibility (liability) to you for your use of SPI or the Theisen Content. Unless you are a subscriber to SPI, we accept no financial responsibility to you arising from your use of SPI or the Theisen Content.
If you are a subscriber to SPI, we limit our financial responsibility to you arising from your use of SPI or the Theisen Content to the price you paid for your subscription. Although this means that we accept very little in the way of financial responsibility for your use of SPI and the Theisen Content, we think this is fair on the basis that the cost of a subscription is relatively inexpensive. It is not commercially possible for us to accept more responsibility for your use of SPI than set out in this Section 4 taking into account that we permit you to use SPI for a relatively inexpensive cost.
Limitations of Theisen Content: The Theisen Content is only for your general information. In particular, the Theisen Content, including any other content provided by third parties and distributed by www.theisensecurities.com, does not constitute any form of advice, recommendation, representation, endorsement or arrangement by Theisen. It is not intended to be and should not be solely relied upon by users in making (or refraining from making) any specific investment, purchase, sale or other decisions. Appropriate independent advice should be obtained before making any such decision, such as from a qualified financial adviser or ship broker. Any information that you receive via SPI is not "real time" and may not be current by the time it reaches you. SPI price information may be rounded up/down and therefore may not be entirely accurate.
What we promise: THEISEN WILL TRY TO DEVELOP AND OPERATE SPI WITH REASONABLE SKILL AND CARE AND WILL USE REASONABLE EFFORTS TO PROMPTLY REMEDY ANY FAULTS OF WHICH IT IS AWARE. THIS IS THE ONLY PROMISE WE MAKE IN RELATION TO OUR PROVISION OF SPI AND THE THEISEN CONTENT.
What we do not promise: SPI AND THE THEISEN CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THIS MEANS THAT THEISEN DOES NOT MAKE ANY PROMISES IN RESPECT OF SPI OR THE SERVICES AND FUNCTIONS AVAILABLE ON OR THROUGH SPI OR OF THE QUALITY, COMPLETENESS OR ACCURACY OF THE INFORMATION PUBLISHED ON OR LINKED TO FROM SPI. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THEISEN DISCLAIMS ALL WARRANTIES, REPRESENTATIONS,
CONDITIONS AND DUTIES (EXCEPT ANY DUTIES OF GOOD FAITH) OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. THEISEN ALSO DOES NOT MAKE ANY PROMISES AS TO THE TIMELINESS, SECURITY, PERFORMANCE OR AVAILABILITY OF SPI AND DOES NOT PROVIDE ANY WARRANTY OR REPRESENTATION THAT SPI IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
THE ABOVE DISCLAIMERS APPLY EQUALLY TO YOUR USE OF SPI AND ALL THEISEN CONTENT. WITHOUT LIMITING THE ABOVE, THEISEN IS NOT LIABLE FOR MATTERS BEYOND ITS REASONABLE CONTROL. THEISEN DOES NOT CONTROL THIRD PARTY COMMUNICATIONS NETWORKS (INCLUDING YOUR INTERNET SERVICE PROVIDER), THE INTERNET, ACTS OF GOD OR THE ACTS OF THIRD PARTIES.
Our financial responsibility to you: YOU AGREE THAT IF WE ARE IN BREACH OF THESE TERMS AND CONDITIONS, WE WILL ONLY BE RESPONSIBLE TO YOU FOR ANY DAMAGES THAT YOU INCUR ARISING OUT OF YOUR USE OF SPI OR THE THEISEN CONTENT (TO THE EXTENT THAT THEISEN\'S LIABILITY IS NOT OTHERWISE EXCLUDED BY THIS SECTION 4) AS FOLLOWS:
- IF YOU INCUR ANY LOSS AS A RESULT OF USING SPI OR THE THEISEN CONTENT OUTSIDE THE SCOPE OF THESE TERMS AND CONDITIONS, THEISEN ACCEPTS NO RESPONSIBILITY (LIABILITY) TO YOU FOR THIS.
- IF YOU HAVE PAID FOR A SUBSCRIPTION TO SPI, THEN THEISEN ACCEPTS RESPONSIBILITY (LIABILITY) TO YOU FOR ANY DIRECT DAMAGES YOU ACTUALLY INCUR ARISING OUT OF YOUR USE OF SPI OR THE THEISEN CONTENT IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, SUBJECT TO A LIMIT EQUAL TO THE PRICE PAID BY YOU TO THEISEN FOR YOUR SUBSCRIPTION DURING THE YEAR IN WHICH YOU INCUR THE DAMAGE. YOU MAY AT YOUR OPTION RECEIVE A RENEWAL TO YOUR SUBSCRIPTION FREE-OF-CHARGE AT THE POINT OF RENEWAL, IN PLACE OF MONETARY DAMAGES.
- IF YOU HAVE NOT PAID FOR A SUBSCRIPTION TO SPI, THEN THEISEN ACCEPTS NO RESPONSIBILITY (LIABILITY) TO YOU FOR ANY LOSS OR DAMAGE YOU MAY INCUR AS A RESULT OF YOUR USE OF SPI OR THE THEISEN CONTENT IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.
THE LIMITATIONS OF LIABILITY IN THIS SECTION 4 APPLY FOR THE BENEFIT OF THEISEN, ITS AFFILIATES, INCLUDING THOSE LISTED IN SECTION 5 AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS. TO THE FULL EXTENT PERMITTED BY LAW YOU ACKNOWLEDGE AND AGREE THAT OUR THIRD PARTY DATA SUPPLIERS HAVE NO LIABILITY WHATSOEVER TO YOU IN RESPECT OF ANY OF THEIR DATA SUPPLIED TO YOU AS PART OF THE THEISEN CONTENT.
5. Subscription Services
We offer different subscription services of SPI.
Types of subscription: Unless you purchase a subscription to use SPI then your usage rights are limited to a Free Trial, the content and terms of which can be amended from time to time by Theisen at its sole discretion. Theisen reserves the right to vary the amount of content and types of service that it makes available to different categories of user which means that we may increase or reduce the content and services that are only available to paying subscribers from time to time.
Contract formation: Theisen will try to process your subscription promptly but does not guarantee that your subscription will be activated by any specified time. By submitting subscription details, you are making an offer to us to buy a subscription. Theisen may provide you with access to your subscription immediately but your offer will only be accepted by us and a contract formed when we have successfully verified your payment details, your email address and received payment.
Payment details: When you subscribe you must provide us with complete and accurate payment information. By submitting payment details you promise that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription and may in suspicious circumstances contact the issuing bank and/or law enforcement authorities/other appropriate third parties. If you are entitled to a refund under these terms and conditions we will credit that refund to the card or other payment method you used to submit payment, unless it has expired in which case we will contact you. If you buy a subscription using a corporate credit card than we will treat your subscription as being for the benefit of both you and the relevant company.
Pricing: The subscription price and single usage pass price will be made clear to you on our sign-up pages or otherwise during the sign-up process and may vary from time to time or by country. You agree to pay the fees at the rates notified to you at the time you take out your subscription or purchase your single usage pass. You can take out either an annual or monthly subscription. You can also take out any other fixed term or payment frequency that we may offer from time to time. Theisen will charge you in British Pounds Sterling. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. We will always tell you in advance of any increase in the price of your subscription and offer you an opportunity to cancel it if you do not wish to pay the new price.
Pricing errors: If we incorrectly state a price to you whether online or otherwise, we are not obliged to provide you with a subscription at that price, even if we have mistakenly accepted your offer to buy a subscription at that price, and reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the subscription without any obligation to us and we will refund you any money you have paid us in full or you may pay the correct price. If you refuse to exercise either of these choices then we may cancel your subscription and will refund you any money you have paid us in full. We will always act in good faith in determining whether a genuine pricing error has occurred.
Other costs: In addition to any subscription fees you pay, you are responsible for paying any internet connection or other telecommunications charges that you may incur by accessing SPI or using the services available on it.
Free trials: We may from time to time and at our discretion make a free trial available to users, in which case we will only charge you for your subscription with effect from the expiry of the free trial period.
Renewals: We will send you an email letting you know when your annual subscription is close to ending (unless you have already told us that you wish to cancel your subscription). Unless you then notify us before the end of your annual subscription period that you no longer wish to receive it, your annual subscription will renew for another year. We will charge the subscription using the same card or other payment method that you previously used. We will notify you in advance of any changes to the price in your subscription that will apply upon renewal.
Cancellations by you and refunds: Unless you cancel your subscription before we have started providing any part of it to you (in which case we will provide you with a full refund), then you agree that once we have started providing any part of your subscription to you, you do not have any right to cancel your subscription or any part of it until the end of your then current subscription period. This means that you are not entitled to a refund once we have started providing any part of your subscription to you, except in the very limited circumstances which are referred to in these terms and conditions. Although you may notify us of your intention to cancel at any time, such notice will only take effect at the end of your then current subscription period. You may notify us of your wish to cancel your subscription by contacting our Customer Services team at spi@theisensecurities.com. Or alternatively, call +44 (0)1883 716066.
Cancellations by us: Theisen reserves the right to suspend or terminate your subscription if you breach these terms and conditions, with or without notice and without further obligation to you. You will not be entitled to any refund in these circumstances. If however we terminate or suspend your subscription for any other reason and/or permanently cease providing SPI, the Theisen Content or cease to provide subscription services then, unless there are exceptional circumstances, we will provide you with a pro rata refund, which means that we will refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription.
Who your subscription contract is with: If you buy an SPI subscription, then you will be contracting with Theisen Securities Limited, whose principal place of business is at Berry House, High Street, Limpsfield, Surrey, RH8 0DI, United Kingdom.
These terms and conditions apply for the benefit for of the above entity that may rely on them and/or enforce them in their own right.
6. Choice of Law and Jurisdiction
These terms and conditions will be subject to English law. In this case, to the extent possible in the applicable jurisdiction, both you and we agree that the courts of England will (subject to the final paragraph in this Section 6) have non-exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions.
For the exclusive benefit of Theisen and to the extent possible in the applicable jurisdiction, Theisen will retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms and conditions are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these terms and conditions or (if different) the country of your principal place of business.
7. General
You may not license or transfer any of your rights under these terms and conditions. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which will remain in full force and effect. Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.
8. Corporate Information
Theisen Securities Limited is the provider of Ship Price Indicator via its website (or any other means), and its corporate details are as follows: registered office address is Berry House, High Street, Limpsfield, Surrey, RH8 0DT; company number is 02401040, and VAT number is 515 2304 87.
9. Changes to Terms and Conditions
These terms and conditions were published on 1st September 2016 and replace with immediate effect the terms and conditions previously published.
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