Terms and Conditions - KIS-ORCA Website
This website, www.kis-orca.eu, ("the Site") is provided to you
("you" meaning any person, firm, partnership, corporate body or any
other legal person accessing or otherwise using, or benefitting
from the use of, this Site) by the Kingfisher Division of Seafish,
Subsea Cables UK and its Members, and Renewable UK and its
Data which is provided via this Site, including Plotter
Data, is provided free of charge. Kingfisher Information Services,
Subsea Cables UK and Renewable UK, DO NOT verify data provided on
the Site, including Plotter Data.
Please read these Terms carefully before using this
1 AUTHORITY AND LICENCE FOR USE OF THE SITE
1.1 In making use of the Site, you agree to be bound by these
Terms which form the sole agreement between you as user of the Site
and us ("Agreement").
1.2 If you do not agree to be bound by these Terms, you should
not use the Site.
1.3 You acknowledge that your use of the Site:
1.3.1 may be limited at any time by us; and
1.3.2 may be suspended or terminated at any time by us.
2.1 We give you no warranty or assurance, except as set out in
Condition 6 (Our Obligations). We declare and you acknowledge that
all implied warranties and conditions are excluded to the maximum
extent permitted by law.
2.2 We are not responsible for any:
2.2.1 typographical errors or omissions on the Site;
2.2.2 data, information, text, music, sound, photos or graphics
or other material ("Content") that you may have access to as part
of, or through your use of the Site, including, but not limited to,
other websites that you may access via links provided on our Site;
2.2.3 Content you may be exposed to through use of the Site that
you may find offensive, indecent or objectionable.
2.3 We do not warrant that the Content of this Site is accurate,
complete, reliable, current or error-free.
3.1 In respect of use of Plotter Data, we shall have no
liability whatsoever to you where the Plotter Data:
3.1.1 as provided to us by any data provider or originator is
erroneous, inaccurate or in an incomplete form and such fact is not
known to us;
3.1.2 is uploaded to any fishing plotter incorrectly or in an
3.1.3 is not read in conjunction with the Kingfisher Fortnightly
Bulletin or any other updates, whether in paper or digital
3.1.4 is erroneously interpreted by you or utilised by you in a
negligent or reckless manner, or for a purpose for which it was not
intended or designed.
4 PROPRIETARY RIGHTS
4.1 You acknowledge and agree that we own all copyright and
other rights in and to the content of the Site.
4.2 You agree that you will not remove, obscure or alter any
proprietary rights notices (including copyright and trade mark
notices) which may be affixed to or contained within the Site.
5 YOUR OBLIGATIONS
5.1 You will take reasonable steps to ensure that you comply
with these Terms and do not:
5.1.1 engage in any activity that interferes with, or disrupts
the operation of, the Site;
5.1.2 access or attempt to access any element of the Site by any
means other than through the interface that we provide, unless
expressly authorised by us;
5.1.3 reproduce, duplicate, copy, sell, trade or resell the
facilities provided on the Site, unless expressly authorised by
5.1.4 purport to transfer or otherwise dispose of your rights
under these Terms.
5.2 By submitting your personal information to us you agree to
our collection, use and disclosure of such information in
6 OUR OBLIGATIONS
6.1 We will take reasonable steps to ensure that the Site
supplied is virus-free.
6.2 We shall use our best endeavours to ensure that access and
use of the Site is not interrupted by any event within our
7.1 You acknowledge and agree that:
7.1.1 we collect information about you and your use of this
Site, together with any details that you may need to provide for
access to, or use of, the Site;
7.1.2 we monitor user traffic patterns and Site use. This may be
7.1.3 we use and disclose information in aggregate (so that no
individual users are identified) for strategic development
7.2 We will never pass personal data to anyone else, except to
any successor in title to our business and suppliers that may
process data on our behalf in the United Kingdom and abroad.
8.1 This Agreement will terminate if you or we are in material
breach of any of its terms and if the breach is not remedied within
the period of twenty working days after written notice of it has
been given to the party in breach.
8.2 On termination of this Agreement for any reason:
8.2.1 all licences granted hereunder shall immediately
8.2.2 termination shall not affect or prejudice the accrued
rights of the parties as at termination, or the continuation after
termination of any provision expressly stated to survive or
implicitly surviving termination.
9.1 This Agreement is not intended to benefit anyone other than
the parties to it and, in particular, no term of this Agreement
shall be enforceable under the Contracts (Rights of Third Parties)
Act 1999 by a third party.
9.2 If any provision (or part of a provision) of this Agreement
is found by any court or administrative body of competent
jurisdiction to be invalid, unenforceable or illegal, the other
provisions shall remain in force.
9.3 Each of the parties acknowledges and agrees that in entering
into this Agreement it does not rely on, and shall have no remedy
in respect of, any statement, representation, warranty or
understanding (whether negligently made or not) of any person
(whether party to this Agreement or not) other than as expressly
set out in this Agreement. The only remedy available to it for
breach of the Agreement shall be for breach of contract under the
terms of this Agreement.