Terms & Conditions

BACKGROUND:

This agreement applies as between you, the User of this Website and BigOceanData, 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 the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

This Website, BigOceanData.com, is owned and operated by Globavista, a limited company registered in England under 8711416, whose registered address is Kemp House, 152-160 City Road, London, EC1V 2NX. Our VAT number is GB 178235290.

1. 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 Content and/or any communications System on the Website;

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

“Learning Establishment” means any provider of education to persons of any age including, but not limited to, schools, colleges, universities and professional/adult education providers;

“Service” means collectively any online facilities, tools, services or information that BigOceanData makes available through the Website either now or in the future;

“Subscription Fee” means the sum of money paid by Users at BigOceanData intervals to keep their Account active and to enable them to access Content;

“Subscription Period” means the period for which a subscription has been purchased and may refer to 1 year accordingly;

“System” means any online communications infrastructure that BigOceanData makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, forums, live chat facilities and email links;

“User”/”Users” means any third party that accesses the Website and is not employed by BigOceanData and acting in the course of their employment;

“Website” means the website that you are currently using BigOceanData.com and any sub-domains of this site unless expressly excluded by their own terms and conditions; and

“We/Us/Our” means BigOceanData.com, is owned and operated by Globavista, a limited company registered in England under 8711416, whose registered address is Kemp House, 152-160 City Road, London, EC1V 2NX.

2. Intellectual Property and Copyright
2.1 Subject to the exceptions in Clause 4 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 BigOceanData or Our affiliates. By continuing to use the Website you acknowledge that applicable United Kingdom and International intellectual property and other laws protect such material.

2.2 Copying, modifying, publishing, distributing by any means the Website’s content without prior written permit of BigOceanData is prohibited. Furthermore, copying, modifying, decompiling or by any means unauthorised use of the Website’s software is prohibited.

2.3 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 Clause 3 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.

2.4 You shall use the Information and Data for your internal use only except as otherwise set forth herein. You shall have no other rights with respect to the Data, including without limitation, any right otherwise to use, distribute, furnish or resell the Data or any portion or derivative thereof. You may not use the Data for any illegal purpose or in any manner inconsistent with these Terms and Conditions. Except as expressly permitted pursuant to these Terms and Conditions, You may not copy, reproduce, republish, display, modify, upload, post, transmit, create derivative works from, or in any way create a misimpression or confusion among users with respect to sponsorship or affiliation or exploit in any way material from the Data.

3. Use of Content
3.1 Payment of a Subscription Fee grants you a limited, restricted, non-exclusive, non-transferable, revocable licence allowing you to use all Content on the Website for the duration of your subscription. You may use such Content in the following ways:

3.1.1 for personal purposes;

3.1.2 for commercial purposes; and

3.1.3 for educational purposes.

3.2 Under such a licence, you agree that:

3.2.1 You will not copy, distribute, republish, transfer, sell, licence, lease, give, permanently retain, decompile, reverse engineer, disseminate, publish, assign (whether directly or indirectly, by operation of law or otherwise), transmit, scan, publish on a network, or otherwise reproduce, disclose or make available to others or create derivative works from the Website or any portion thereof, except as specifically authorised herein.

3.2.2 You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given Our express written permission to do so;

3.2.3 You may, as a student of a recognised Learning Establishment, use the Content of the Website for educational purposes provided an appropriate reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment; and

3.2.4 Employees of Learning Establishments may use the Content of the Website for teaching purposes.

4. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of BigOceanData 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 Our endorsement of the sites themselves or of those in control of them.

5. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site BigOceanData.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express permission. To find out more please contact Us by email at support@bigoceandata.com.

6. Use of Communications Facilities
6.1 When using any System on the Website you should do so in accordance with the following rules:

6.1.1 you must not use obscene or vulgar language;

6.1.2 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;

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

6.1.4 it is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;

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

6.1.6 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;

6.1.7 you must not impersonate other people, particularly employees and representatives of BigOceanData or Our affiliates; and

6.1.8 you must not use Our System for unauthorised mass-communication such as ‘spam’ or ‘junk mail’;

6.2 You acknowledge that BigOceanData reserves the right to monitor any and all communications made to Us or using Our System.

6.3 You acknowledge that BigOceanData may retain copies of any and all communications made to Us or using Our System.

6.4 You acknowledge that any information you send to Us through Our System 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.

7. Accounts
7.1 In order to access Content on this Website and to use certain other parts of the System you are required to create an Account which will contain certain personal details which may vary based upon the type of Account that you choose. 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 you have permission to submit Payment Information where permission may be 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 Sharing of accounts is not permitted unless We expressly authorise it in writing. You are required to keep your Account details confidential and must not reveal your username and password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

7.3 When choosing your user name you are required to adhere to the terms set out above in Clause 6. Any failure to do so could result in the suspension and/or deletion of your Account.

7.4 You are personally and solely responsible for all actions and transactions made through your account.

8. Subscriptions and Cancellation
8.1 Subscription charges commence on the date that you activate your subscription. You will be billed on activation and monthly, quarterly or annually thereafter until the end of your subscription.

8.2 Your first payment will be at the price advertised on the Website. BigOceanData reserves the right to change Subscription Fees from time-to-time and any such changes may affect your subscription rate:

8.2.1 increases in prices will be reflected in your subscription on the date of the immediately subsequent renewal; and

8.2.2 decreases in price will be reflected in your subscription on the date of the immediately subsequent renewal.
For further information on subscriptions and pricing, please visit Our Subscriptions page www.bigoceandata/subscription.

8.3 No part of this Website constitutes a contractual offer capable of acceptance. Your order for a subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you a subscription confirmation email. Only once We have sent you a subscription confirmation email there will be a binding contract between BigOceanData and you. You will be contractually liable for payment of all fees associated with the Subscription Period.

8.4 Subscription confirmations under sub-Clause 8.3 will be sent to you immediately upon your activation of a subscription and shall contain the following information:

8.4.1 confirmation of the subscription including full details of the main characteristics of the Content available through your subscription in accordance with banded per vessel pricing, with or without bolt-ons;

8.4.2 fully itemised pricing for your subscription including, where appropriate, taxes (failure to provide valid VAT information where required may result in suspension of service) and any other additional charges;

8.4.3 confirmation of the agreed payment terms, which will either be monthly, quarterly or annually in advance;

8.4.4 your chosen payment method and currency, either Euros, £ Sterling or US$;

8.4.5 the applicable times and dates for your subscription (including the commencement date, expiry and/or renewal date), standard term is 12 months; and

8.4.6 a confirmation of your express request that the Content is made available to you immediately and that this will constitute a waiver of your statutory right to cancel as detailed below in sub-Clause 8.7.

8.5 During the Subscription Period you can:

8.5.1 add additional vessels for remainder of Subscription Period – part months are charged as whole months. If the number of vessels added takes the total vessels into the next payment band, then the entire fleet attracts the reduced rate until the end of the current Subscription Period.

8.5.2 swap vessels – the number of swaps is restricted to 10% of contracted vessels during Subscription Period.

8.6 If you subscribe to bolt-on(s):

8.6.1 bolt-on(s) will apply to the entire fleet.

8.6.2 bolt-on(s) will be charged for complete months of the Subscription Period remaining.

8.6.3 bolt-on(s) will be charged on the same payment terms.

8.7 Provision of Content shall commence immediately upon Our confirmation of your subscription. If you are a consumer based within the European Union, you have a statutory right to a “cooling-off” period with respect to the purchase of certain goods and services. This period, if applicable, begins once the contract between BigOceanData and you is formed (as explained under sub-Clause 8.3) and ends at the end of 14 calendar days after that date. Under normal circumstances, the provision of Content begins immediately upon Our confirmation of your subscription. As set out in sub-Clause 8.4.6, by accepting this, you waive your right to the cooling-off period and may not cancel the contract merely because you have changed your mind.

8.8 You may cancel at any time after subscribing, however subject to sub-Clause 8.10, you will be liable for payment for the remainder of the Subscription Period, no refunds can be provided and you will continue to have access to the Content for the remainder of the Subscription Period you are currently in up until the renewal date whereupon access will cease unless you chose to pay the Subscription Fee and reactivate your subscription.

8.9 If you subscribe in error you must inform Us within 5 days of subscribing and must not use the Content during that time. This provision also applies to automatic renewals of subscriptions which you may have forgotten to cancel. If any use of Content during this time period can be traced to your Account, however, no refund can be provided and you will continue to have access to the Content for the duration of the relevant Subscription Period.

8.10 The contract will auto-renew at the end of the initial Subscription Period for a further 12 months unless you provide 3 months written notice.

9. Termination
9.1 Either BigOceanData or you may terminate your Account and (where relevant) your subscription. If We terminate your Account or subscription, 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.

9.2 If We terminate your Account as a result of your breach of these Terms and Conditions, you will not be entitled to any refund. Such terminations can be appealed by email to accounts@bigoceandata.com.

9.3 If We terminate your account or subscription for any other reason, you will be refunded any remaining balance of your Subscription Fee. Such a refund will be calculated based upon the Subscription Fee being divided by the number of days in the applicable Subscription Period and multiplied by the number of days remaining until the end of the Subscription Period.

9.4 If We terminate your Account or subscription, you will cease to have access to Content from the date of termination.

9.5 If you terminate your Account or subscription, you will be liable for payment for the remainder of the Subscription Period and you will continue to have access to Content for the remainder of your Subscription Period as per sub-Clause 8.7.

10. Privacy
10.1 Use of the Website is also governed by Our Privacy Policy www.bigoceandata.com/privacy-policy which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.

10.2 The BigOceanData website uses Cookies which enable us to improve the website performance for you and other visitors to the site. By using our website and agreeing to this policy, you consent to our use of Cookies. Please read the information contained in the Privacy Policy prior to acceptance.

10.3 You may wish to delete cookies which have been placed. For instructions on how to do this, please consult your internet browser’s help menu.

11. How We Use Your Personal Information (Data Protection)
11.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.

11.2 We may use your personal information to:

11.2.1 provide Our Service to you;

11.2.2 process your payments to Us; and

11.2.3 inform you of new products and services available from Us. You may request that We stop sending you this information at any time.

11.3 In certain circumstances (if, for example, you wish to make a purchase on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.

11.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.

12. Legal Rights and Disclaimers
12.1 We make no warranty or representation that the Website will be compatible with all systems, or that it will be secure.

12.2 Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, We make no warranty or representation that this is the case. We make no guarantee of any specific results from the use of Our service.

12.3 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

12.4 Commercial use of the information on this Website is permitted, however We make no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and/or advice on which business decisions can be based.

12.5 When providing digital content to consumers (in this instance, the Content), We are required to provide digital content that is of satisfactory quality, fit for any purpose made known to us (whether expressly or impliedly), and in accordance with any descriptions (and pre-contract information) given by Us. This includes any digital content we may subsequently modify. If We fail to comply with Our legal obligations, consumers may be entitled to certain legal remedies including repair or replacement or price reductions. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens Advice Bureau or Trading Standards Office.

12.6 Whilst We exercise all reasonable skill and care to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

12.7 If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

12.8 The information provided on vessels’ positions, identity and details, originates directly from the vessels, which transmit this information through public radio frequencies, according to the Automatic Identification System (AIS). This information may contain errors, due to the intrinsic limitations of radio communications (e.g. limited coverage, interference, attenuation, special weather conditions etc.), due to erroneous configuration of the AIS devices on board, due to negligent and/or wrong data entry by vessel’s crew, due to erroneous position received by the vessel’s GPS and/or due to other factors beyond the control of Us or our data supplier. Vessel positions may be delayed or incomplete. AIS-enabled services are for informational purposes only and are neither intended to promote nor permitted to be used with respect to, the safety of navigation. We and our data supplier do not guarantee the correctness, validity or scientific accuracy of the AIS-enabled services. Information derived from AIS-enabled services may under no circumstances be relied upon as the basis for any action, nor regarded as advice with respect to any possible action. Any actions undertaken by you based on AIS-enabled services is entirely at your own risk and shall not create any liability on the part of Us or our data supplier.

13. Availability of the Website and Modifications
13.1 We accept 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 state-mandated censorship.

13.2 We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the Content available. Where any Paid Content is made unavailable and you are entitled to a refund as a result, We will inform you of the refund due and it will be paid within 14 days using the same method originally used by you. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

14. Limitation of Liability
14.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Website or the use of or reliance upon any content included on the Website.

14.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to the Website or any content included on the Website.

14.3 If you are a commercial user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

14.4 We exercise all reasonable skill and care to ensure that the Website is free from viruses and other malware. Subject to sub-Clause 12.7, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Website (including the downloading of any content from it) or any other site referred to on the Website.

14.5 We neither assume nor accept responsibility or liability arising out of 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, natural events, acts of war, or legal restrictions and censorship.

14.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

14.7 BigOceanData is not liable for any unauthorised use of Data, You shall remain liable for all confidential or proprietary information disclosed by You or your affiliates as a result of any unauthorised use of the Data. BigOceanData may, without notice, block your access to the services if BigOceanData has reason to believe that the service or Data is being used by an unauthorised person, in any manner inconsistent with the Terms and Conditions or for other reasons deemed appropriate by BigOceanData in its sole discretion.

14.8 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.

15. 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.

16. 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.

17. 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 BigOceanData.

18. Communications
18.1 All notices/communications shall be given to Us either by post to BigOceanData, Kemp House, 152-160 City Road, London, EC1V 2NX or by email to accounts@bigoceandata.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.

18.2 We may from time-to-time, if you opt to receive it, 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.

19. Law and Jurisdiction
19.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

19.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

19.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

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