Terms and Conditions of Sale and Licencing
The Seller and Licensor is the International Shipsuppliers & Services Association (“ISSA”) whose administrative and service office is situated at Unit 9a, Wingbury Courtyard Business Village, Wingbury, Buckinghamshire, HP22 4LW, United Kingdom and reference to “we”, “our” or “ISSA” herein shall be read accordingly.
1. These Terms and Conditions of Sale and Licencing (“the Terms”) set out the terms and conditions between you and ISSA which govern our sale of the ISSA Ship Stores Catalogue and the ISSA Provisions and Bonded Stores Catalogue (referred to as the “Catalogue” or “Catalogues” as the context requires) and the terms upon which we licence your use of the content of the Catalogues made available to you in electronic/digital form (“the Catalogues’ Digital Content”).
2. By purchasing one or more of the Catalogues or Catalogues’ Digital Content, you agree to be bound by these Terms. Please read the Terms carefully. If you cannot accept any part of these Terms, please do not proceed with the transaction and do not download the Catalogues’ Digital Content.
3. Pricing of the Catalogues and Catalogues’ Digital Content is subject to continuous review and will be clearly stated at the time that you enter into the transaction to purchase a Catalogue or licence the Catalogues’ Digital Content. Continuing access to the Catalogues’ Digital Content shall be strictly subject to timely payment of the applicable annual licence fee.
4. Upon payment of the applicable purchase price (and, if applicable, the delivery charge) ISSA will despatch the Catalogue(s) to your selected address. ISSA shall endeavour to keep the content of the Catalogues’ Digital Content up-to-date, but is under no binding obligation to do so. Updates will only be provided through the Catalogues’ Digital Content.
5. Subject to the provisions herein in relation to the Catalogues’ Digital Content no part of the Catalogues may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the written permission of an authorised officer of ISSA.
6. Upon payment of the initial licence fee as agreed between you and ISSA and upon condition that all annual licence fees are paid as they fall due ISSA grants you a non-exclusive, non-sub-licensable, non-transferable license to download and access the Catalogues’ Digital Content. You shall not use, or permit to be used, the Catalogues’ Digital Content other than for its incorporation into the order management software used by you for handling your own order management. For the avoidance of doubt, you are not permitted to copy, re-sell, rent out, sub-licence or otherwise distribute the Catalogues’ Digital Content whether modified or not, to any third party. You agree not to publish or share any online login details with others. You agree not to use our Catalogues’ Digital Content in a way which might be detrimental to ISSA or damage ISSA’s reputation.
7. The Catalogues and the Catalogues’ Digital Content, whether modified or not, and all intellectual property and copyright contained therein, is and shall at all times remain ISSA’s sole and exclusive property. You agree that under no circumstances, whether the Catalogues’ Digital Content has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the Catalogues’ Digital Content.
8. Purchases of the Catalogues Digital Content are final and non-returnable or refundable.
9. Whilst ISSA makes every effort to ensure the accuracy of the published data, ISSA provides no warranties as to the accuracy or correctness of the content of the Catalogues or the Catalogues’ Digital Content. Further, ISSA provides no warranties as the function, use or availability of the Catalogues’ Digital Content, whether express, implied or statutory, including without limitation any warranties of fitness for particular purpose.
10. Except for legal responsibility that ISSA cannot exclude in law (such as for death and personal injury), ISSA shall not be liable for any damages (including, without limitation, damages for loss of business or loss of profits) arising in contract, tort or otherwise from the use of or inability to use our Catalogues or the Catalogues’ Digital Content, or any material contained in it, or from any action or decision taken as a result of using the Catalogues Digital Content.
11. These terms and conditions constitute the entire agreement and understanding between you and ISSA for the sale of the Catalogues and/or the licencing of the Catalogues’ Digital Content and shall supersede any prior agreements whether made in writing, orally, implied or otherwise.
12. ISSA reserves the right to vary these terms from time to time. The latest version can always be found at http://www.issashipstorescatalogue.com. You are responsible for checking for any such changes. Continued use of the Catalogues’ Digital Content following any such changes constitutes your acceptance of these terms and conditions as amended by the posted changes.
13. No one other than a party to this contract has any right to enforce any term of this contract. The Contracts (Rights of Third Parties) Act 1999 is excluded.
14. If any of these terms should be held or made invalid by a court decision, statute, rule or otherwise, the remaining terms and condition shall not be affected thereby.
15. You agree to indemnify ISSA against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. In the event of your breach you shall indemnify ISSA for all legal costs and expenses incurred by us in asserting and/or protecting our legal rights, which costs shall be paid on first written demand on an indemnity basis. Where your breach concerns the unauthorised sharing of content the loss or damage shall be presumed, and assessed, to be equivalent to the revenue that ISSA would have received had any third party receiving the unauthorised content from you contracted directly with ISSA to access the Catalogues’ Digital Content or the Catalogues.
16. These terms and conditions shall be governed by and construed in accordance with English law.
17. Subject to Clause 18, the parties agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any claim, dispute or matter arising under or in connection with these terms and conditions.
18. ISSA shall be entitled to, at any time prior to the commencement of any proceedings in England and Wales pursuant to Clause 17, commence proceedings in the court of the jurisdiction where you or your assets are located.