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Terms &
Conditions |
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Please read these Terms and Conditions and Privacy Statement
carefully, they contain important information about your rights and
obligations.
You as the registered user or licensed user ("you",
"your") must read and agree to these Terms and
Conditions before you can use the service provided through the
Lloyd's Maritime Law Newsletter web site identified by the url:
www.lmln.com ("the Web Site"), provided by Informa
UK Limited ("we", "Informa") through
which we allow access to Lloyd's Maritime Law Newsletter to
registered users and provide verbatim reports and e-mail alerts (the
"Services").
These Terms and Conditions, the Privacy Statement - and, if you are
a multiple access user, the site licence which will be sent to you
for acceptance prior to you using the Service - form a legally
binding agreement between us ("the Agreement").
Please read them carefully.
In particular, we draw your attention to clauses 2 (Liability),
3 (Availability of our Web Site) and 4 (Applicability of
on-line materials). By registering, subscribing or using the Web
Site you agree to be legally bound by the Agreement as it may be
modified and posted on the Web Site from time to time.
We agree to provide the Services ("the Products")
in consideration of the payment of the annual fees as set out on the
Web Site ("Fees"). If you do not agree to any part
of the Agreement you must cease to use the Web Site and/or trial of
the Services immediately.
We must receive payment in full before you will be able to access
the Services. The Fees are payable on an annual basis and subject to
renewal each year. In the event that you do not pay the Fees we
reserve the right to suspend your access to the Services at our
discretion.
You must be 18 years or older to use the Services (or older if the
age of majority is older in your country).
1. Subscription
We will allow you access on the basis that:
Your username and password are personal to you and may not be used
by anyone else. You undertake to us that you will keep your password
secret and will inform us in the event that you become aware that it
is no longer confidential, is being used by an unauthorised person
or in breach of this Agreement.
You will not do anything that would assist anyone who is not a
registered user to gain access to any part of the Web Site. If, for
any reason, we believe that you have not complied with any aspect of
the Agreement, we may, at our discretion, cancel your access to the
Web Site immediately and without giving you any advance notice and
terminate the Agreement.
(a) Subscription for single licence users
When you complete your subscription registration as a personal user
of the Web Site we hereby grant you a sole, non-transferable,
non-exclusive licence to access the Web Site to use the Services.
Access is via your username and password.
(b) Subscription for multiple licence users
In addition to agreeing to these terms and conditions and the
Privacy Statement, if you request a multiple user licence you will
be asked to sign a separate licence agreement which will be faxed to
you for acceptance, signature and return. Access to the Services
will be granted to you on receipt by us of the signed licence
agreement.
The price payable for the multiple user licence and permitted number
of users will be as set out in the licence agreement. In all other
respects the terms of the Agreement will remain the same. In the
event of conflict between the multiple user licence and these terms
and conditions the multiple user licence will prevail.
(c) Registration for two-week trial users
On completion of registration as a trial user we hereby agree to
grant you a sole, non-transferable, non-exclusive licence to access
the Web Site to use the Service on the terms of this Agreement for
the two-week trial period. Termination of registration and trial
access will automatically occur at the end of the two-week period.
2. Liability
WE DO NOT GIVE ANY WARRANTY AS TO THE AVAILABILITY, ACCURACY,
COMPLETENESS, CURRENCY OR RELIABILITY OF THE INFORMATION AND
MATERIAL PUBLISHED ON THE WEB SITE AND EXPRESSLY DISCLAIM (TO THE
MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW) ALL LIABILITY FOR
ANY DAMAGE OR LOSS RESULTING FROM YOUR USE OF OR RELIANCE ON THE
INFORMATION AND MATERIAL PUBLISHED ON THE WEB SITE.
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, 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 whether on the part of us or our
servants, agents or other person.
If we are liable to you for any reason, our liability will be
limited to the amount paid by you for the Services and Products in
any year, in the year of claim.
We accept liability for death or personal injury caused by
negligence or responsibility for fraudulent misrepresentation that
cannot, under English law, be excluded.
We give no warranties of any kind concerning the Web Site or the
material to the fullest extent permissible by law. In particular, we
do not warrant that the Web Site or any of its content is virus
free. You must take your precautions in this respect as we accept no
responsibility for any infection by virus or other communication or
by anything that has destructive properties.
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.
The limitations and exclusions in this clause do not affect your
non-excludable statutory rights and only apply to the extent
permitted by the applicable law.
You are responsible for ensuring that your computer system meets all
relevant technical specifications necessary to use our Web Site.
3. 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.
4. Applicability of on-line materials
We have used our best endeavours to ensure that our Web Site
complies with UK law. However, we make no representations that the
?material? on our Web Site are appropriate or available for use in
locations outside the United Kingdom.
We make no warranties, expressed or implied, that making the
Products or Services available in any jurisdiction outside the UK is
permitted under any applicable non-UK laws or regulations.
Accordingly, if making the Products or Services or any part
available in your jurisdiction or to you (by reason of nationality,
residence or otherwise) is prohibited, those Products or Services
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 Services and Products.
5. Use of material appearing on the Web Site
For the purpose of this Agreement, ?material? means any material
published on the Web Site including, without limitation, all text,
images and graphics of any nature whatsoever, regardless of whether
the copyright and/or database right or any other intellectual
property rights in the material vest in us, our licensors or third
parties.
You may download and print extracts from the material and make
copies of these for your own personal use only. You are not allowed
to download or print the material, or extracts from it, in a
systematic or regular manner so as to create a database in
electronic or paper form comprising all or part of the material
appearing on the Web Site.
You must not reproduce any part of the Web Site or the material or
transmit it to or store it in any other Web Site or disseminate any
part of the material in any other form, unless we have indicated
that you may do so.
We may be prepared to allow you to distribute or reproduce other
parts of lloydslawreports.com or the material, in certain other
circumstances. Please e-mail us at contact@lmln.com if you wish to ask for
permission to do so.
6. Prices, payment and delivery
Details of the Fees for the Services and the Products and the
procedures for payment and delivery for the Services are displayed
on our Web Site.
Any times or dates stated on our Web Site for delivery of the
Products are estimates only. We will make all reasonable effort to
deliver the Products within the time specified, but we do not accept
liability for any failure to deliver within that time.
The price of any Products is included with the Fees for the Service
and is the price in force at the date and time of your subscription.
We may change the Fees before you subscribe. We try to ensure that
our Fees displayed on our Web site are accurate.
You undertake that all details you provide to us for the purpose of
purchasing the Products or Services which may be offered by us on
our Web Site will be correct, that the credit or debit card, or
other method of payment, which you use is your own and that there
are sufficient funds or credit facilities to cover the cost of the
Fees. We reserve the right to obtain validation of your credit or
debit card details or by other means if you use an alternative
method of payment before providing you with any Products or
Services.
7. Access to other web sites
You may be able to access other sites via links from the Web Site.
These sites are not under our control and we are not responsible in
any way for any of their contents. We make no representations
whatsoever about any other web sites that you may access through the
Web Site or which may link to our Web Site. Any concerns regarding
any external link should be directed to its web site administrator
or web master.
8. Third party material on the Web Site
You may see advertising material submitted by third parties on the
Web Site. Individual advertisers are solely responsible for the
content of advertising material that they submit to us, including
ensuring that it complies with relevant legislation. We accept no
responsibility for the content of advertising material, including,
without limitation, any error, omission or inaccuracy therein. If
you would like to advertise on the Web Site, please send an email to
advertise@lmln.com.
9. Data protection
The following applies to any information you provide to us, for
example during any registration or ordering or confirmation of
details process:
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. Unless you have indicated on the
registration form that you do not wish to receive direct marketing
material, your personal details will be included on a database
compiled for direct marketing purposes. From time to time you may
receive direct marketing information, either from us or from third
parties. All such information collected by us shall be referred to
in these Terms and Conditions as ?Personal Information?.
You must ensure that the Personal Information you provide is
accurate and complete and that all ordering or contact details
contain your correct name, e-mail address and other requested
details. For more information about how we deal with your Personal
Information, please read our Privacy Statement.
You acknowledge and agree to be bound by the terms of our Privacy
Statement.
By accepting the Agreement, you agree to the processing and
disclosure of the Personal Information for the provision of the
Services and supply of the Products.
If you would like to review or modify any part of your Personal
Information or you have not indicated that you do not wish to
receive direct marketing material, but change your mind about this
you should notify Customer Services at contact@lmln.com.
As soon after this as is reasonably practicable, we will remove your
name from the direct marketing database.
We reserve the right to charge a statutory administration fee to
deal with any request from you for access to the Personal
Information.
10. Variations
Any changes to the Terms and Conditions will be made available via
the Web Site at least 7 days in advance of the changes taking effect
and you will be deemed to have agreed to the terms and conditions by
accessing the Web Site following the changes taking effect.
11. Force Majeure
You acknowledge that your use of, or access to, the Web Site may be
subject to interruption or delay. We do not give you any warranty
that the Web Site or the Services offered through it will be error
free, without interruption or delay, or free from defects in design
or engineering.
12. Invalidity
If any part of the Agreement is declared invalid or unenforceable by
any court or authority of competent jurisdiction (including any
provision in which we exclude our liability to you) all other
provisions will remain in full force and effect and will not in any
way be impaired and the parties will agree a replacement provision
which is as close as is legally permissible to the provision found
invalid, or unenforceable.
13. Third party rights
Except for our affiliates, directors, employees or representatives,
a person who is not a party to this agreement has no right under the
UK Contracts (Rights of Third Parties) Act 1999 to enforce any term
of this Agreement but this does not affect any right or remedy of a
third party that exists or is available apart from that Act.
14. Governing law and Jurisdiction
The Agreement between us shall be governed by and interpreted in
accordance with English law notwithstanding the jurisdiction where
you are based. You irrevocably agree that the courts of England
shall have exclusive jurisdiction to settle any dispute which may
arise out of, under, or in connection with the Agreement and for
those purposes irrevocably submit all disputes to the jurisdiction
of the English courts.
We make no warranty or guarantee that the Web Site or information
available over it complies with laws other than those of England.
15. Entire agreement
This Agreement, together with our current Web Site prices, delivery
details and contact details sets out the whole of our agreement
relating to the supply of the Services and the Products to you by
us. Nothing said by any sales person on our behalf should be
understood as a variation of these terms and conditions or as an
authorised representation about the nature or quality of any
Services or Products offered for sale by us.
The Agreement supersedes all prior agreements, negotiations and
discussions between the parties relating to the subject matter of
this Agreement and you acknowledge that you have not entered into
this Agreement in reliance on any statement or representation except
in so far as the representation has been incorporated into this
Agreement. Save for fraud or fraudulent misrepresentation, we shall
have no liability for any such representation being untrue or
misleading.
16. No advice
The information on the Web Site is not intended to address your
particular requirements. No tax, legal or investment advice of any
kind (including advice and opinions with respect to the nature,
potential value or suitability of any particular securities
transactions, financial products or investment strategy) is being
provided by Informa to the user. Any investment decisions made by
the user will be based solely on their own evaluation of their
financial circumstances and investment objectives and not on the
basis of any investment information given in the Web Site.
17. Replacement
These Terms and Conditions replace all other terms and conditions
previously applicable to the use of our Web Site. They are up to
date as at 1st April 2003.
18. General
Any formal legal notices should be sent to us addressed to The
Managing Director at the address shown on the Privacy Statement.
We may assign, novate or subcontract any or all of our rights and
obligations under these terms and conditions at any time. You may
not assign or transfer your rights under this Agreement.
Failure by us to enforce a right does not result in a waiver of such
right.
We may amend the Agreement at any time by posting a variation on the
Web Site.
We reserve the right to bar users from the Web Site, on a permanent
or temporary basis at our discretion. Any such user shall be
notified and must not then attempt to use the Web Site under any
other name or through any other user.
T&F Informa UK Limited is a company registered in England,
registered office at Mortimer House, 37-41 Mortimer Street, London,
W1T 3JH.
Lloyd's and the Lloyd's Crest are the registered trade marks of
the Society incorporated by the Lloyd's Act 1871 by the name of
Lloyd's.
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Publishing Group Limited. Reproduction, retrieval,
copying or transmission of the content of this site is not
permitted without the publisher's prior consent.