Terms & Conditions
You acknowledge you have read, and agree to abide by the terms and conditions set forth in this notice. By subscribing to the website and viewing the relevant information you agree to the Term & Conditions listed below.
The website is provided by FixGuard and may be used for informational purposes only (the “website”).
“Subscribers” include Ship Owners (Head Owners and Disponent Owners), Ship Managers, Charterers, Operators and Brokers.
GENERAL SCOPE AND SERVICES
- Provides a list of shipping companies and professionals of which each shipping company/professional cites their own general company/business information, company’s/business’s features, background and fixture lists (dates, vessels, ship-owners/managers/disponent owners as were at the actual time of the fixture, voyage or time charters - all of the aforesaid items would be information cited in the website as provided from the charterers and/or operators).
- Offers ship owners/managers/disponent owners the opportunity to place a comment and grade its/his/her previous collaboration with the specific shipping company regarding specific fixture(s) being executed between the parties in the past.
- Consists of a collection of data duly classified and provided by shipping companies operating in the maritime – shipping industry.
- Offers each subscriber the option to conduct their own background check of their potential counter-party effortlessly and promptly.
prejudice to the generality of the foregoing, the website shall not be bound by any standard terms and conditions of the subscriber or by any other terms proposed by a subscriber which conflict with these conditions unless a director of the website has expressly agreed to such terms in writing irrespective of when such standard terms and conditions or other terms are put forward.
The website may revise these Terms & Conditions from time-to-time without notice. The Terms & Conditions are listed on the website.
NO LIABILITY REGARDING SECURITY OF INFORMATION PROVIDED
The website authorises you to view the information ("Materials") at the website. This authorisation is not a transfer of title in the Materials and copies of the Materials.
NO LIABILITY AS TO THE ACCURACY OF INFORMATION PROVIDED – CONFIDENTIALITY
The Materials may contain inaccuracies, typographical errors, personal comments and opinions. The website does not warrant the accuracy or completeness of the Materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the site. We do not warrant, represent or guarantee the security and accuracy of the Materials. The website by no means constitutes any form of business consultancy or investment advice or direction whatsoever. It represents a database of information provided to us by shipping companies and professionals.
Subscribers acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at their sole risk. The website is not responsible for the performance or non-performance of fixtures or principals. It is the obligation of the principal to decide whether to enter into a fixture with the proposed counter-party and on what terms and, where necessary, to verify by independent means the information so provided by the website. By subscribing to the website you acknowledge that some of the information used for assessment or published on the website is provided by the industry, our partners and other third parties, and that we do not approve or take responsibility for such information. Information, lists or literature shown or provided by the website are for the subscribers general guidance only and the particulars contained therein shall not constitute representations by the website and the website shall be bound thereby. Such documents do not constitute advice and nothing contained in such documents amounts to a recommendation to enter or not to enter into a fixture or for any other purposes whatsoever and the website has no liability for the consequences of any person, including the subscriber, purporting to rely on such documents. The website reserves the right, in its sole discretion, to correct any errors, omissions and inappropriate wording that may be listed in any portion of the site as the website considers suitable. The website may make any other amendments to the site, the Materials and the products, programs, services or prices (if any) described in the site at any time without notice. The information changes constantly, thus the dynamic information used regarding the shipping companies and professionals listed in the website is always liable to become out-of-date. For this reason, we recommend that you take professional judgment before embarking upon any course of action (or omitting to take any action) that has or may have legal implications.
It is accepted that the website may be dealing with representatives or other intermediaries (i.e. brokers) rather than directly with a principal. In such cases the website is dealing with such representatives or other intermediaries in good faith as to the authority they possess but the website does not provide a warranty as to that authority.
Subscribers agree to the publication of the background and fixture list check results relating to their company on the website. They also acknowledge that the published results may be critical to their business; and they agree that they will not hold us liable in respect of any such publication. The Subscribers shall not publish any document containing any reference to the website or make use of the website’s name or any website’s name logo, whether express or implied, without the prior written consent of the website.
The Subscriber acknowledges and agrees that the information and fixture list checks ("Check") are non-exclusively licensed to the Subscriber for the benefit of the Subscriber only and for use only for the Subscriber's internal business purposes. The Subscriber further acknowledges and agrees that the Checks are provided on the basis that, although they are created in good faith and with the website using reasonable endeavors to provide a reasonably accurate Check as of the date of its creation, the accuracy or quality of any Check cannot be guaranteed and any Check is not a substitute for the Subscriber's own due diligence and the Check is one of a number of ways to assess the subject of the research and should not be the only one relied on. Checks are not intended to amount to advice on which reliance should be placed in deciding whether or not to pursue a particular course of action.
- The subscriber warrants that at the time of contracting with the website and at all other relevant times, he/she has the full power and authority to engage the website to provide the services
- The subscriber warrants that it will deal with the website in good faith at all times.
- The subscriber will procure that (i) its employees, servants and agents will promptly provide all information reasonably required by the website to arrange the services (ii) all information provided to the website by or on behalf of the subscriber will be accurate and complete (iii) the website can rely upon the information for the purposes of and in connection with the services. In the event that there is any change to the information provided to the website, the subscriber will notify the website of that change promptly.
- If requested by the website, the subscriber will provide and will procure that the employees, servants or agents of the subscriber will provide such reasonable assistance to the website as may be required in connection with the services.
- The subscriber will indemnify and hold the website harmless from any claims, liability, loss, damage or expense howsoever arising, which may arise as a consequence of a breach by the subscriber, the subscriber’s servants or agents of the provisions of clauses Da to e above and/or the use for the purposes of the website of any data or materials of whatever nature that have been submitted by the subscriber to the website.
Unless otherwise stated, we or our licensors hold the exclusive intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
Access to the website is limited. If we provide you with or you generate a password to enable you to access limited areas of the website or other content or services, you must ascertain that that password is kept private. You must notify us in writing immediately if you become aware of any unauthorised use of your account or password. You are responsible for any activity on the website arising out of any failure to keep your password private, and may be held liable for any losses arising out of such a failure. You are not permitted to use any other person's user ID and password to access the website.
The website includes hyperlinks to other websites owned and operated by third parties. These links are not proposals and we do not control the contents of third party websites we do not accept liability for them or for any loss or damage that may arise to your or other third parties from your use of them.
We may vary the benefits available to subscribed users, and the terms and conditions at any time in our sole discretion. During the period of subscription, a user shall be able to access all information and documents as are covered by the subscription, subject to the other provisions of these terms and conditions.
TERMS OF PAYMENT
Unless otherwise stated, the Subscriber shall settle the Website's invoice within thirty (30) days of the invoice date without any suspension, retention, set-off (statutory or otherwise), deduction, counterclaim or discount and notwithstanding the existence of any claim or dispute in respect of the services referred to in this present agreement.
If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Website, the Website shall be entitled to:
- Cancel the contract
- Charge the Buyer with interest (both before and after any judgment) on the amount unpaid, at the rate of 5% per cent per annum above Barclays Bank Plc, Base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest) and to recover all and any costs incurred by it (including costs, fees and disbursements of any outside agency) in collecting any monies due;
The fees will be calculated on an annual or per vessel basis and will be submitted once per annum or every six months. At least thirty days prior to the termination of each subscription the subscriber will receive an alert email notifying him/her regarding the termination of his/her subscription and the option of renewal of his/her subscription.
If any term of the Contract including but not limited to any term of these Conditions is held by any competent authority to be invalid or unenforceable, in whole or in part, the validity of the other terms of the Contract including but not limited to the terms of this Conditions and the remainder of the term in question shall not be affected.
- No party shall be liable to another party under this Contract for any failure to perform or delay in performance of its obligations, if and in so far as and for so long as such performance is delayed or hindered by the other's acts or omissions or for an event reasonably beyond the control of that party, including -but not limited to- wars whether or not declared, threat or preparation for war, armed conflict, imposition of sanctions, embargo, terrorist attacks, civil war, civil disturbances, riots, public disorder, acts of God including fire, flood, earthquake, windstorm or other natural disaster, epidemic or pandemic, any labour dispute including strike, lockout or industrial action (whether relating to its own employees or others), abnormally adverse weather conditions, natural disasters, destruction of machines, equipment or factories ("Force Majeure").
- Notwithstanding the above clause, an event of Force Majeure shall not, under any circumstances, excuse a payment obligation.
- In the event that the circumstances constituting Force Majeure continue for an uninterrupted period of ninety (90) days, either party may terminate the Contract immediately by giving written notice to the other party.
Unless otherwise expressly agreed by the parties in writing, no failure to exercise nor any delay in exercising on the part of the parties hereto any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy. The rights and remedies herein provided are cumulative and not exclusive of any right or remedies provided by law.
Any notice or other communication given to a party under or in connection with this Contract shall be in writing and shall be deemed to have been duly given if sent or delivered to the party concerned at such address as the party may from time to time notify in writing or to the correct facsimile number or electronic mail address (as notified by the parties) and shall be deemed to have been served:
- If sent by courier or by recorded delivery letter, upon the date of presentation of the notice at the recipient's address
- If sent by ordinary post, 48 hours after posting, and
- In the case of a facsimile or electronic transmission, on the following
CLAIMS- JURISDICTION LAW – APPLICABLE LAW
- If the Subscriber becomes aware of any claims or circumstance which might involve litigation or arbitration concerning the subject matter of these present terms and conditions the Subscriber shall immediately inform the Website.
- The Subscriber undertakes that he/she will not use as evidence in any litigation or arbitration proceedings the results of the Website's work relating thereto.
- The Parties hereby undertake to amicably resolve any disagreement that may arise over the subscription to this Website. If the Parties are unable to settle a dispute arising out of or in connection with the subscription to this Website, within thirty (30) days after the beginning of the amicable resolution process through notification of any party to the other via e-mail, any claims and/or litigation and/or arbitration that may arise from subscription to this Website shall be governed by English Law and subject to the exclusive jurisdiction of the Courts of Piraeus.
- No Partnership or Agency. Nothing in the Contract is intended to, or shall operate to, create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
TERMINATION OF SUBSCRIPTION
The subscription may be terminated:
- By the user at any time giving us written notice of termination;
- By us giving a written notice to the Subscriber; or
If the user is insolvent, or fails to pay any applicable charges on the due date, or breaches any provision of these terms and conditions, or breaches the terms of any other contract between us and the Subscriber - by us giving immediate written notice to the Subscriber.
If a subscription is terminated (for whatever reason and on whatever basis) the user shall be entitled to a refund of amounts paid to us on a pro rata basis before such termination with subtraction of the bank fees. Without prejudice to our other rights, if the Subscriber breaches these terms and conditions of use in any way, or if we reasonably suspect that the Subscriber has breached these terms and conditions of use in any way, we may:
- Send him/her one or more formal warnings;
- Temporarily suspend his/her access to the website;
- Permanently prohibit him/her from accessing the website;
- Block computers using his/her IP address from accessing the website;
- Contact his/her internet services provider and request that they block his/her access to the website;
- Bring court proceedings against him/her for breach of contract or otherwise;
- Suspend and/or delete his/her account with the website; and/or
- Delete and/or edit any or all of his/her content. Where we suspend or prohibit or block your access to the website or a part of the website, the Subscriber must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).