Terms & Conditions

Seach4Serv.com – Terms & Conditions

This “business-to-business” website, known as Seach4Serv.com (“Seach4Serv”), is owned and operated by Seach4Serv ,
Argonstraat 94, 2718 SN Zoetermeer, The Netherlands and references to “You” or “Your” are references to any user or potential user of Seach4Serv.com.

Seach4Serv.com is principally intended for use by the maritime community as a business-to-business e-commerce tool for finding information about suppliers to the maritime industry and their products. These “Terms & Conditions” guide the relationship between Seach4Serv and users who browse the site and make use of such Content.

1. Application of these Terms & Conditions

1.1.1 If You, being a user or potential user of Seach4Serv.com, wish to use Seach4Serv.com, You should only do so if these Terms & Conditions are acceptable to You without modification.

1.1.2 Seach4Serv may change these Terms & Conditions at any time without any notice to You. By Your continued use of Seach4Serv.com You agree to be bound by the most current version of these Terms & Conditions. You should check these terms from time to time for any changes that have been made.

1.1.3 If You are or become a customer for Seach4Serv products and services other than Seach4Serv.com, these Terms & Conditions shall only apply to your Use of Seach4Serv.com. In all other respects Your relationship with Seach4Serv shall be guided by Your user or service agreement, the Seach4Serv General Terms & Conditions or any other agreement that applies to a particular Seach4Serv product or service.

2. Permitted and forbidden uses of Seach4Serv.com

2.1 You may access the Seach4Serv.com, make a copy of the results of any searches, and use those results for any reasonable purpose within Your business other than those set out in Clause 2.3 below.

2.2 Such use is subject to any applicable third party content providers’ licences.

2.3 You shall not in any circumstances:

2.3.1 modify the content or other material from Seach4Serv.com (“the Content”) or merge the Content with any other data or in any way adapt or change it;

2.3.2 sell, republish, provide to a third party for financial gain or otherwise trade in materials copied from the Content;

2.3.3 use or redistribute the Content for the purposes of compiling databases, lists or directories;

2.3.4 permit or allow the Content to infringe or otherwise prejudice the proprietary rights of Seach4Serv or any third party content provider;

2.3.5 use the Content for any unlawful, offensive, abusive, indecent, obscene or menacing purpose or any purpose that is likely to bring Seach4Serv into disrepute or to cause Seach4Serv embarrassment;

2.3.6 use the Content as a source for targeting material or contact data for any kind of telemarketing, direct marketing, viral or other electronic marketing activity on Your own behalf or on behalf or for the benefit of another party;

2.3.7 access or copy the Content or make any use of it that is preparatory to any prohibited conduct referred to above.

3. Intellectual property

3.1 Unless otherwise stated, Seach4Serv and its licensors owns all the intellectual property rights in the content of Seach4Serv.com (including the design, text, graphics and arrangement thereof) and in the software used therein.

3.2 Such intellectual property rights include, without limitation, copyrights and database rights in the information displayed as Seach4Serv.com Search results.

3.3 Except as expressly provided in these Terms & Conditions, nothing contained in these Terms or anywhere on Seach4Serv.com shall be construed as conferring any licence under any of Seach4Serv’s or any third party’s intellectual property rights.

3.4 “Seach4Serv.com” and “Seach4Serv” are service marks of Seach4Serv. All other trademarks, product names and company names or logos cited anywhere on Seach4Serv.com are the property of their respective owners.

4. Basis on which Seach4Serv.com are provided

4.1.1 Seach4Serv.com and the Services (and any Content made available through them) are provided on “As Is” and “As and When Available” basis. Whilst Seach4Serv shall use all reasonable skill and care in the creation and supply of Seach4Serv.com and the Services, Seach4Serv does not give any guarantee or warranty as to their suitability, availability, accuracy, freedom from fault, freedom from viruses or other impairing or harmful components or fitness for any purpose.

4.1.2 Seach4Serv shall run commercially available virus detection and correction software and shall endeavour to ensure that errors are not service affecting and to correct reported faults as soon as it reasonably can. If a fault occurs, You should report the fault to Seach4Serv (see the Contact page on www.Seach4Serv.com).

4.1.3 Seach4Serv may need to temporarily suspend the whole or any part of the Services from time to time.

4.2.1 Seach4Serv and content providers (including those persons, companies and other organisations whose goods or services may be displayed or referred to in Seach4Serv.com) (“Content Providers”) make reasonable efforts to make the information available on Seach4Serv.com as accurate as possible. Where Content is shown as being “verified”, this means that such Content has been checked by or provided by the Content Provider. In no circumstances, however, is any warranty or fitness implied.

4.2.2 Nevertheless Seach4Serv is not an agent for and does not vouch for Content Providers, nor for the availability, suitability or prices of their goods and services nor for the legal entitlement, competences, professional qualifications, trade certifications, or memberships of trade associations of such persons, companies or other organisations. You should satisfy Yourself in respect of all such matters as well as those referred to in Clause 4.3.

4.2.3 Neither Seach4Serv nor any of its agents, Content Providers, sponsors or licensors make any representation or warranty or condition, either express or implied, statutory or otherwise, to You as to the accuracy, content, timeliness, completeness, non-infringement of proprietary rights or otherwise, legality, reliability, merchantability, fitness for a particular purpose, quality or suitability of any information, advice, Content, service, search results, products, services, goods or merchandise, provided through, advertised on, received through links provided on, or in connection with the use of, Seach4Serv.com.

4.3.1 Seach4Serv recommends that before You use any information with respect to any matters relating to medicine, law, insurance, accounting or any other profession You seek advice from a qualified professional.

4.3.2 Seach4Serv.com may make available certain financial information provided by third parties, including information regarding industries, companies, stocks, investments and securities. Such investment information is for information purposes only and You should not construe it as investment advice or use it for trading or investing purposes. Financial investments bear varying degrees of risk. Seach4Serv strongly discourages You from making any investment decision based upon information that You cannot confirm and strongly recommends that You seek advice from a qualified financial advisor before You make any financial

investment.

4.4.1 No oral advice or written information given by Seach4Serv or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensors, or the like, will create a representation, a warranty or condition nor should You rely on any such information or advice.

4.4.2 In jurisdictions that do not allow the exclusion or disclaimer of certain warranties, this Clause 4 may not apply to You in part or at all.

4.5.1 By agreeing to the Seach4Serv.com Terms & Conditions, You acknowledge and consent that Seach4Serv may use information as set out in these Terms & Conditions and the Privacy Policy, which you can find “here”, and any other information you later provide. Seach4Serv may also, as part of our services, use and make available Your information to current and potential users of Seach4Serv, in addition to information about the supplier webpages on Seach4Serv you have visited, what searches you have done, and other usage information, unless you change your.com settings to opt out.

5. Limitation of liability

5.1.1 Subject to Clause 5.3, Seach4Serv accepts no liability in contract or tort (including liability for

negligence) for loss of business revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect, special or consequential loss or damage (including punitive damages).

5.1.2 If any jurisdiction does not allow the exclusion or limitation of liability for the types of loss set out in Clause 5.1.1, liability is limited to the fullest extent permitted by law.

5.2.1 Subject to Clause 5.3, in any event Seach4Serv’s liability to You under or in connection with these Terms & Conditions will be limited to the lowest of (i) the sum claimed by You, (ii) EUR€50 or (iii) any sum calculated under Clause 5.2.2.

5.2.2 Where one incident gives rise to claims by more than one User, Seach4Serv’s liability to all Users arising out of such incident will be limited to EUR€10,000, which will be shared between them pro rata. In calculating such prorating, the amount considered in respect of Your claim will be the lesser of the sum claimed by You or €50.

5.3 Seach4Serv does not limit or exclude its liability for death or personal injury caused by its negligence or any other liability to the extent that such a limitation or exclusion is prohibited by law.

5.4 Seach4Serv will not be liable if Seach4Serv cannot perform any of its obligations under this Agreement because of circumstances beyond its reasonable control such as technical failure, severe weather, fire or explosion, civil disorder, war, or military operations, natural or local emergency, anything done by government or other competent authority or industrial disputes of any kind.

5.5 Nothing in this Agreement affects the liability of Seach4Serv for fraudulent misrepresentation.

6. Miscellaneous

6.1 These Terms & Conditions constitute the entire agreement between You and Seach4Serv with respect to the

subject matter hereof.

6.2 A party’s failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between You and Seach4Serv nor trade practice will act to modify any provision of this Agreement.

6.3 If any provision of this Agreement is held to be invalid or unenforceable, all other provisions of this Agreement will remain in full force and effect.

7. Jurisdiction and guiding law

7.1 These conditions shall be guided by and construed in accordance with the laws of The Netherlands.

7.2 Seach4Serv controls Seach4Serv.com from within the country of The Netherlands. It can, however, be accessed from other places around the world. Although these places may have different laws from those of The Netherlands, by accessing Seach4Serv.com You agree that the laws of The Netherlands, without regard to rules relating to conflict of laws, will apply to all matters relating to Your use of Seach4Serv.com. You and Seach4Serv also agree to submit to the non-exclusive jurisdiction of the Dutch courts, with respect to such matters.

7.3 If You access Seach4Serv.com from a place outside of The Netherlands You acknowledge that You do so voluntarily and are responsible for complying with local laws.