Terms and Conditions

 

BACKGROUND:

These Terms and Conditions apply as between you, the User of this Website and IMCA Trading Limited (IMCA Trading), the trading/services subsidiary of the International Marine Contractors Association (IMCA), the owner of this Website.  Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of this Website. If you do not agree to be bound by these terms and conditions, you should stop using this Website immediately.

 

No part of this Website is intended to constitute a contractual offer with respect to anything contained herein. Any order placed by you, where applicable herein, will constitute a contractual offer and the acceptance of that offer by IMCA Trading will be deemed to occur upon our sending a dispatch/confirmatory email to you indicating that any order placed by you has or is in the process of being fulfilled.

 

Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

 

“Account”

means collectively the personal information, payment information and credentials used by Users to access Paid Content, Member Benefits and / or any communications System on the Website;

“Content”

 

 

 

“Event”

 

 

 

“Database”

 

 

“Fee”

            

means any text, graphics, images, audio, video, software, data compilations, publications or other documents and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

 

means any conference, seminar or other event advertised on the Website enabling participation upon registration of the User in accordance with instructions published in connection therewith on the Website from time to time;

 

means the database of companies and other organisations active in the offshore, marine and underwater engineering industry;

 

means the price payable for Paid Content as published on the Website from time to time;

“Free Content”

means any Content that is accessible without the payment of a Fee;

“IMCA”

 

 

“IMCA Trading”

means the International Marine Contractors Association which is an international trade association for offshore, marine and underwater engineering companies and organisations;

 

IMCA Trading Limited, a private company limited by shares incorporated in England and Wales (Company number: 07169292) having its registered office at Third Floor, 24 Chiswell Street, London EC1Y 4AX;

“Paid Content”

 

 

 

“Payment Information”

 

 

 

“Purchaser”

 

 

“Purchase Information”

 

 “Member(s)”

 

 

“Member Benefits”

 

 

 “Membership Subscription”

 

means such publications or other documents available for purchase either in downloadable form or other deliverable media accessible only upon the creation of an Account and the payment of a Fee;

 

means any details required for the purchase of Paid Content, Membership Subscriptions, and/or Event reservations from this Website. This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes;

 

means any party that purchases Paid Content, Membership Subscriptions and/or reserves a place on any Event from this Website;

 

means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic format;

 

means any party who becomes  a Member pursuant to these Terms;

 

means the benefits provided to Members as more particularly described on this Website;

 

means a one-off sum of money paid by Users to  become Members and to enable them to access Paid Content at discounted prices and enjoy the Member Benefits provided for on the Website in connection with the Services, the differing categories of which are contained on the Website.  This payment may be repeated to activate subsequent subscriptions without limitation;

“Services”

means collectively any online facilities, tools, services or information that IMCA Trading or IMCA makes available through the Website either now or in the future;

“Subscription Period”

means the annual period for which a Membership Subscription has been purchased;

“System”

means any online communications infrastructure that IMCA Trading or IMCA makes available through the Website either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users”

means any third party that accesses the Website and is not employed by IMCA Trading or IMCA and acting in the course of their employment; and

“Website”

means the website that you are currently using () and any sub-domains of this site (e.g. http://members.imca-int.com) unless expressly excluded by their own terms and conditions.

 

Intellectual Property

2.1         Subject to the exceptions in Clause 12 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of IMCA Trading, or our affiliates.  By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

2.2         Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 or those detailed in Clauses 3 and 4 of these Terms and Conditions apply.

 

Use of Free Content

You may print, reproduce, copy, distribute, store or in any other fashion re-use Free Content from the Website for personal or educational purposes only unless otherwise indicated on the Website or unless given express written permission to do so by IMCA Trading. Requests should be submitted by email to the address provided on this Website. 

 

Use of Paid Content

4.1         Payment of a Fee enables the purchase of Paid Content on the Website.  Paid Content is available to be downloaded from the Website or physical purchase as may be indicated on the Website. All instructions for download contained on the Website must be complied with fully. IMCA discourages the on sale of Paid Content by any prospective Purchaser or any application for Membership and reserves the right to reject any order or application in its absolute discretion.

 

Customers

These Terms and Conditions apply to all customers on the basis that the Services contained herein (including all Content available on this Website) are being used in connection with the offshore, marine and underwater engineering industries.

 

International Customers

If Paid Content in deliverable media is being ordered from outside the United Kingdom, import duties and taxes may be incurred once such Content reach their destination.  IMCA Trading is not responsible for these charges and we undertake to make no calculations or estimates in this regard.  If a Purchaser is buying internationally, they are advised to contact their local customs authorities for further details on costs and procedures.  The Purchaser of the deliverable media will also be the importer of record and as such should ensure that the purchase is in full compliance with the laws of the country into which deliverable media are being imported.  Please be aware that deliverable media may be inspected on arrival at port for customs purposes and IMCA Trading gives no guarantee that the packaging of the deliverable media will be free of signs of tampering.

 

Accounts

7.1         In order to purchase Paid Content on this Website and/or become a Member, Users are required to create an Account which will contain certain personal details and Payment Information which may vary based upon a User’s use of the Website as we may not require payment information until a purchase is to be made.  By continuing to use this Website you represent and warrant that:

7.1.1     all information you submit is accurate and truthful;

7.1.2     if you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required; and

7.1.3     you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

7.2          It is recommended that you do not share your Account details, particularly your username and password.  IMCA Trading accepts no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

7.3          If you have reason to believe that your Account details have been obtained by another without consent, you should contact IMCA Trading immediately to suspend your Account and cancel any unauthorised purchases that may be pending.  Please be aware that purchases can only be cancelled until they are dispatched.  In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, IMCA Trading accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.

7.4          When choosing a username Users are required to adhere to the terms set out below in Clause 14.  Any failure to do so could result in the suspension and/or deletion of your Account.

 

Termination and Cancellation

8.1          Either IMCA Trading or a User may terminate an Account.  If IMCA Trading terminates your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

8.2          If IMCA Trading terminates an Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.

8.3          In the case of deliverable media, if purchases are cancelled for any reason prior to dispatch Purchasers will be refunded any monies paid in relation to those purchases.

8.4          If a User terminates their Account any non-dispatched purchases will be cancelled and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the deliverable media were purchased.

 

Payment

9.1          Any and all invoices are due for payment prior to download, where applicable or despatch of deliverable media.

 

Delivery

10.1       IMCA Trading will notify you by way of email when your deliverable media will be dispatched to you.  The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery.

10.2       If IMCA Trading receives no communication from you, within 30 days of delivery, regarding any problems with the deliverable media, you are deemed to have received them in conformity with their description and with no problems.

10.3       If the Purchaser receives deliverable media which do not match those ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, the Purchaser should contact us within 10 working days to arrange collection and return.  IMCA Trading is not responsible for paying shipment costs.  The Purchaser will be given the option to have the deliverable media replaced with those ordered (if available) or to be refunded through the payment method used when the deliverable media were purchased.  Refunds and replacements will be issued upon our receipt of the returned deliverable media.

10.4       If any deliverable media purchased have faults when they are delivered, the Purchaser should contact IMCA Trading within 28 working days to arrange collection and return.  IMCA Trading is not responsible for paying shipment costs.  Deliverable media must be returned in their original condition with all packaging and documentation.  Upon receipt of the returned deliverable media, the price therefor, as paid, will be refunded through the payment method used when the deliverable media were purchased, subject to Purchaser’s option to receive replacement media.

10.5       If deliverable media are damaged in transit and the damage is apparent on delivery, the Purchaser should sign the delivery note to the effect that the goods have been damaged.  In any event, such damage should be reported to IMCA Trading within 10 working days and arrange collection and return.  IMCA Trading is not responsible for paying shipment costs.  Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.

10.6       If the Purchaser wishes to return the deliverable media to IMCA Trading for any of the above reasons, please contact us to make the appropriate arrangements.

10.7       IMCA Trading reserves the right to exercise discretion with respect to any returns under these Terms and Conditions.  Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

10.7.1   Any use or enjoyment that you may have already had out of the deliverable media;

10.7.2   Any characteristics of the deliverable media which may cause them to deteriorate or expire rapidly;

10.7.3   The fact that the deliverable media consist of computer software and that the packaging has been opened;

Such discretion to be exercised only within the confines of the law.

 

Events

Details of bookings for upcoming Events are contained on the Website together with pertinent terms relative thereto in connection with the specific Event, pricing, benefits and cancellation policies applicable thereto. IMCA Trading does not endorse or recommend in any way any companies, individuals or firms presenting at, attending or associated with any Event (whether organised by IMCA Trading,  IMCA or any third party organiser) any Event. IMCA Trading relies on the companies, individuals or firms presenting at or associated with such Events to present accurate and reliable information, and IMCA Trading provides no warranty in such respects. IMCA Trading shall not be liable for any decision made or action taken by delegates based upon information obtained at or as a result of attending such Event.

 

Third Party Intellectual Property

Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.  This Content, unless expressly stated to be so, is not covered by any permission granted by Clauses 3 and 4 of these Terms and Conditions to use Content from the Website.  Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.

 

Links to Other Websites

This Website may contain links to other sites and in particular with reference to the Database.  Unless expressly stated, these sites are not under the control of IMCA Trading or that of our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

 

Use of Communications Facilities

14.1     When using any System including any reporting or comment facility contained on the Website you should do so in accordance with the following rules:

14.1.1 you must not use obscene or vulgar language;

14.1.2  you must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

14.1.3 no Content that is intended to promote or incite violence;

14.1.4 it is advised that posts on message boards, chat facilities or similar and communications with IMCA Trading are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;

14.1.5 you must not post links to other websites containing any of the above types of Content;

14.1.6 the means by which you identify yourself must not violate these terms of use or any applicable laws;

14.1.7 you must not engage in any form of commercial advertising.  This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;

14.1.8 you must not impersonate other people, particularly employees and representatives of IMCA Trading or our affiliates; and

14.1.9 you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

14.2     You acknowledge that IMCA Trading reserves the right to monitor any and all communications made to us or using our System.

14.3     You acknowledge that IMCA Trading may retain copies of any and all communications made to us or using our System.

14.4     You acknowledge that any information you send to us through our System or post on the Website may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information.  Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

 

Subscriptions

15.1     If you are accepted as a Member, you will be invoiced a Membership Subscription on the date that your membership is approved, payable within 30 days. 

15.2     IMCA Trading reserves the right to change Membership Subscriptions from time to time and any such changes may affect the price of subsequent renewals.  IMCA Trading reserves the right to make any special offers to any Members as we alone deem appropriate. For further information on subscriptions and pricing, please visit our Subscriptions page.

 

Termination of Subscription

16.1     You may terminate your subscription at any time.  IMCA Trading will terminate your  subscription for non-payment of your Membership Subscription and per the IMCA Constitution. You will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons

16.2     If IMCA Trading terminates your subscription as a result of your breach of these Terms and Conditions you will not be entitled to any refund. For the purposes hereof, all obligations of Members as may be contained in the IMCA Constitution shall be deemed to be a part of these Terms and Conditions.

16.3     If IMCA Trading terminates your subscription for any other reason, you will likewise not be refunded any remaining balance of your Membership Subscription. 

16.4     If IMCA Trading terminates your subscription, you will cease to have access to Member Benefits from the date of termination.

16.5     If you terminate your subscription, you will not be entitled to any refund but will continue to have access to Member Benefits for the remainder of your subscription period unless you terminate your Account at that time.

 

Privacy

17.1     Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference.  To view the Privacy Policy, please click on the link above.

 

Disclaimers

18.1     IMCA Trading makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, ,that it will not infringe the rights of third parties that it will be compatible with all systems, or that it will be secure.

18.2     Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, neither IMCA Trading nor IMCA makes any warranty or representation that this is the case.  We make no guarantee of any specific results from the use of our services.

18.3     Whereas this Website is intended to constitute advice and the Content of this Website may be relied upon, such advice and Content (whether Free Content or Paid Content) is of a general nature and specialised advice must be obtained when making any decisions or taking any action of any kind.

18.4     Commercial use of the information on this Website is permitted, however IMCA Trading makes no representation or warranty that this Content is suitable specifically for use in your commercial situation or that it constitutes accurate data and / or advice on which business decisions can be based.

18.5     Whilst every effort has been made to ensure that all descriptions of services available from IMCA Trading correspond to the actual services available, IMCA Trading is not responsible for any variations from these descriptions.

18.6     Whilst IMCA Trading uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

 

Availability of the Website and Modifications

19.1     The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy or completeness of information, compatibility and satisfactory quality.

19.2     IMCA Trading accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

19.3     IMCA Trading reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available.  These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

 

Limitation of Liability

20.1.    To the maximum extent permitted by law, IMCA Trading’s liability for any direct loss or damage, foreseeable or otherwise, arising out of our breach of these Terms and Conditions shall be limited to the price of a User’s current subscription (if applicable) or in the case of the purchase of Paid Content by a Non Member, the price of such Content.  In all other cases, to the maximum extent permitted by law, IMCA Trading accepts no liability. Users should be aware that they use the Website and it’s Content at their own risk.

20.2     IMCA Trading shall not be liable in respect of any business losses including without limitation, loss of profits, income, revenue, anticipated savings, business, contracts, commercial opportunities or goodwill nor any special, indirect or consequential loss or damage nor shall IMCA Trading be liable in respect of any losses arising out of any event or events outside of our reasonable control.

20.3     Notwithstanding the above, nothing in these Terms and Conditions excludes or restricts IMCA Trading’s liability for death or personal injury resulting from any negligence or fraud on the part of IMCA Trading.

20.4     Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

 

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

 

Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and IMCA Trading.

 

Communications

24.1     All notices / communications shall be given to us either by post to our Registered Office address or by email to imca@imca-int.com.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

24.2     IMCA Trading may from time to time send you information about our products and/or services.  If you do not wish to receive such information, please click on the 'Unsubscribe' link in any email which you receive from us. If there is no unsubscribe button on the email, please reply to the email you have received stating your wish to be removed from the mailing list.

 

Law and Jurisdiction

These Terms and Conditions and the relationship between you and IMCA Trading shall be governed by and construed in accordance with the Law of England and Wales and IMCA Trading and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.