Terms and Conditions
1.
Introduction
1.1
This website is owned and operated by Maritime Strategies International Limited. Our company information is at the end of this document.
1.2
Please read these terms and conditions carefully. They cancel and replace any previous versions. By registering on or using our Service (as defined below) you agree to be bound by these terms and conditions. Please print or save these terms for future use as we will not keep a file copy specifically for any transaction with you and we cannot guarantee that they will remain accessible on our website in future. These terms and conditions are available in the English language only.
2.
Definitions
2.1
Capitalised terms have the following meanings in these terms and conditions:
 
a)
"Service" – our website, the services we offer by means of our website and any related software and services.
 
b)
"User" - persons or organisations using our Service (whether or not registered with us).
3.
Changes to the terms and conditions
3.1
We may change these terms and conditions by posting the revised version on our website at least 14 days before they become effective. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our Service following the effective date shown.
4.
Use of our Service
4.1
We grant Users a limited personal non-transferable right to use our Service subject to these terms and conditions.
4.2
Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.
4.3
By agreeing to these terms and conditions as an agent you confirm that the client for whom you act in connection with use of our Service is bound by these terms and conditions and that you are independently bound on your own behalf.
4.4
You agree that you will not in connection with the Service:
 
a)
breach any applicable law, regulation or code of conduct;
 
b)
sell access to the Service;
 
c)
use the Service to provide a similar service to third parties or otherwise with a view to competing with us;
 
d)
sell advertising, sponsorship or promotions on or in connection with Content except where explicitly authorized by us;
 
e)
use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;
 
f)
do anything which may have the effect of disrupting the Service including worms, viruses, software bombs or mass mailings;
 
g)
do anything which may negatively affect other Users’ enjoyment of the Service;
 
h)
gain unauthorised access to any part of the Service or equipment used to provide the Service;
 
i)
use any automated means to interact with our systems excluding public search engines; or
 
j)
attempt, encourage or assist any of the above.
4.5
You must comply with any guidelines or requirements on our website.
4.6
You must promptly comply with any reasonable request or instruction by us in connection with the Service.
4.7
We are entitled to impose and/or change limitations on usage of our Service, for example in relation to bandwidth.
4.8
You must ensure that any contact or other information which you supply to us is accurate and not misleading and you will update it so that it remains so.
4.9
We do not supply support except to the extent specifically stated on our site, as may be varied from time to time.
5.
Service Output
5.1
While MSI's forecasts are prepared, and are presented, in good faith, no responsibility for errors of fact, opinion or market changes are assumed by MSI Ltd. MSI are not liable for any errors, inconsistencies or revisions to either historical or forecast data. Before acting on the data, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on this data at your own risk. You acknowledge that MSI FMV output is simply our assessment of values, earnings and associated data based on the information you provide and in accordance with certain criteria and assumptions determined by us.
6.
Third party services/advertising/websites
6.1
We may use third party-provided services or display third party advertising within our Service and/or link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or services. You use them at your own risk.
7.
Guidance by us
7.1
Any guidance or similar information which we ourselves make available on our Service is intended as very general guidance information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it.
8.
Your account
8.1
Your account on our Service is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
9.
Payment
9.1
Services are charged either on a one-off or subscription basis, as specified on our site. Payment is in advance.
9.2
You must contact us immediately with full details if you dispute any payment.
10.
Cancellation
10.1
This agreement is automatically cancelled on expiration of your subscription without renewal or, in the case of a one-off payment, once we have supplied you with the valuation to which the payment relates.
10.2
You may at any time cancel this agreement (including your subscription) by following the instructions on our Service. A request for cancellation under this clause does not give rise to any refund.
10.3
We are entitled at any time to cancel this agreement by email notice without cause. If so, we will refund in full any fees already paid for the period in respect of which we take such a step.
10.4
We are entitled at any time cancel this agreement by email notice without refund if we terminate our Service as a whole.
10.5
We are entitled at any time to cancel this agreement (with or without notice) or suspend part or all of our Service if we have reason to believe that you have breached our terms and conditions or if any fees due to us are unpaid / unjustifiably charged back or if it is necessary to protect us or others or if we are required to do so by law or appropriate authority. There will be no refund of your subscription.
10.6
Following cancellation of this agreement: Your right to use our Service is terminated. Accrued rights and liabilities are unaffected. All clauses in this agreement which are stated or intended to continue after cancellation will continue to apply. You must not attempt to re-register for or continue to use our Service if we have given you notice of cancellation.
10.7
One-off purchases of FMV output cannot be cancelled or refunded for any reason other than technical failure or verified non-delivery.
11.
Functioning of our Service
11.1
We do not guarantee that the Service will be uninterrupted or error-free and are not responsible for any losses arising from such interruptions or errors.
11.2
We are entitled, without notice and without liability, to suspend the Service for repair, maintenance, improvement or other technical reason.
11.3
We are entitled, without notice and without liability, to make changes to the Service provided these do not have a material adverse effect.
12.
Liability
12.1
Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
12.2
You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
12.3
Our liability of any kind (including our own negligence) with respect to our Service for any one event or series of related events is limited to the total fees paid and payable by you to us in connection with our Service.
12.4
In no event (including our own negligence) will we be liable for any:
 
a)
economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
 
b)
loss of goodwill or reputation;
 
c)
special, indirect or consequential losses; or
 
d)
damage to or loss of data (even if we have been advised of the possibility of such losses).
12.5
You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
12.6
To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
12.7
MSI FMV output will be emailed to the user. Once this email has left MSI, we accept no liability for its delivery or content.
13.
Intellectual property rights
13.1
All trade marks, logos, graphics, images, photographs, animation, videos, text and software used on the Service are our intellectual property or that of our partners. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
13.2
You must not 'collect', scrape, harvest, frame or deep-link to any content on our Service without our specific prior written consent.
14.
Privacy
14.1
You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.
15.
Events outside our control
15.1
We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
16.
Transfer
16.1
We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
17.
English law
17.1
These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of courts of the United Kingdom.
18.
General
18.1
We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.
19.
Complaints
19.1
If you have any complaints, please contact us via the contact details shown below.
20.
Company information
20.1
Company name: Maritime Strategies International Limited.
20.2
Country of incorporation: England and Wales.
20.3
Registered number: 01955571.
20.4
Registered office and trading address: 6 Baden Place, Crosby Row, London, SE1 1YW.
20.5
Other contact information: See our website.
20.6
VAT number: 1955571
21.
Storage of Data
21.1
MSI's FMV service requires the user to provide certain vessel-specific information. Unless the user specifically opts out at the time of input, MSI will store these details on behalf of the user for future use. We may access the stored input data for the purposes of monitoring usage, with the exception of the user-generated unique vessel ID which will be inaccessible to MSI or its agents. MSI will not pass on or share information with any third party.
22.
Security
22.1
Our Payment Service Provider is Sage Pay (formerly Protx) – the largest independent payment service provider (PSP) in the UK and Ireland. Sage Pay provides a secure payment gateway (Level 1 PCI DSS), processing payments for thousands of online businesses, including ours. It is Sage Pay’s utmost priority to ensure that transaction data is handled in a safe and secure way. Sage Pay uses a range secure methods such as fraud screening, I.P. address blocking and 3D secure. Once on the Sage Pay systems, all sensitive data is secured using the same internationally recognised 256-bit encryption standards. Sage Pay is PCI DSS (Payment Card Industry Data Security Standard) compliant to the highest level and maintains regular security audits. They are also regularly audited by the banks and banking authorities to ensure that their systems are impenetrable. Sage Pay is an active member of the PCI Security Standards Council (PCI SSC) that defines card industry global regulation. In addition, you know that your session is in a secure encrypted environment when you see https:// in the web address, and/or when you see the locked padlock symbol alongside the URL. So when buying through our site, you can be sure that you are completely protected.
Version: 1.02, September 2nd 2016