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SHIPSCENE

WEBSITE TERMS AND CONDITIONS OF USE AGREEMENT

DECEMBER 2007

1. Agreement

These terms and conditions constitute the agreement between you and the organisation which you represent (referred to in these terms and conditions as "the user") on the one hand and Shipscene (Pty) Ltd on the other hand for the use by the user of the website located at the domain name www.shipscene.co.za.  Either by registering as a subscriber via the website, or registering as a subscriber via an approach from a Shipscene representative or simply by accessing and using the website the user agrees to be bound by these terms and conditions.  If the user does not agree to be bound by these terms and conditions then the user must leave the Shipscene website as continued use will be construed as the user's consent to be bound by these terms and conditions.

2 Amendment to Terms and Conditions

Shipscene reserves the right to change, modify, add to or remove portions or the whole of these terms and conditions from time to time.  Changes to these terms and conditions will become effective upon such changes being posted to the website.  It is the user's obligation to check these terms and conditions for changes or updates.  To assist in this regard these terms and conditions are dated and when new terms and conditions are posted the date of those terms and conditions will be reflected.  The user's continued use of the website following the posting of changes or updates will be considered notice of the user's acceptance to abide by and be bound by these terms and conditions, including such changes and updates.

3 Website Content

Shipscene, its affiliates, and third party owners of such content (referred to as "the owners") provide information displayed at the website (referred to as "the content").  Copyright in the content vests in the owners and is protected by South African and international copyright laws.  Shipscene reserves the right to make any changes to the website, the content or the services offered through the website at any time and without notice.  All rights in and to the content are reserved and retained by the owners.  Except for the licence granted in these terms and conditions, the user is not granted any other right in or to the content.

4 Licence

4.1 Shipscene grants to the user, subject to these terms and conditions, a non-exclusive, non-transferable, limited and revocable licence to access, display, use, download and otherwise copy the current and future content only for the user's own internal business purposes (referred to as "the licence").
4.2 The website and the content may only be reproduced, duplicated, copied, resold, visited or otherwise exploited for the specific purposes that may be agreed to separately, on the user's request, between the user and Shipscene.  Notwithstanding the aforegoing, the user may reproduce extracts of reasonable length from the website or of the content provided that the source of the extract is acknowledged.
4.3 The licence does not allow any derivative use of the website content for onward sale by you to your customer. 
4.4 Shipscene reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel subscriptions in its sole discretion.
4.5 Any unauthorised use of the website and the content shall entitle Shipscene to terminate this licence.
4.6 The user shall keep the username and password issued by Shipscene to the user secure and shall not disclose the username and password to any third party.
4.7 The licence shall be a single or any number of multiple user licences depending on the subscription applied for and granted to the user.

5 Duration

5.1 The licence shall commence on the date that the user is issued with a username and password (unless such username and password was issued prior to 1 December 2007, in which event the licence shall commence from that date), shall be for a period of up to one year and unless renewed shall terminate the day prior to the anniversary of the commencement of the licence.
5.2 Shipscene shall issue the user with a pro-forma invoice at least 30 days prior to the termination date of the licence and if the user pays the subscription for the following period, as provided in the pro-forma invoice, prior to the anniversary date of the commencement of the licence, then the licence shall be renewed for a further period of up to one year.  In the event that the subscription provided for in the pro-forma invoice is paid then Shipscene shall immediately issue and deliver a tax invoice to the user.  Such renewed licence for the second and subsequent periods, as the case may be, shall in turn commence on the anniversary date of the commencement date and unless renewed, shall terminate the day before the anniversary date of the commencement of the licence.
5.3 The licence shall terminate in the event that payment of the subscription for the second or any subsequent period is not made prior to the expiry of the licence on the first or subsequent anniversaries of the commencement of the licence.

6 Subscription

6.1 The subscription payable by the user to Shipscene shall be in accordance with the fees published by Shipscene from time to time and shall be for access by a single user, or any number of multiple users, depending on the subscription applied for and granted to the user.
6.2 The subscription shall be paid by the user to Shipscene prior to the commencement date of the licence and any renewal subscription shall be paid within 30 days of the date of the pro-forma invoice and prior to the anniversary date of the commencement date.

7 Warranties

Shipscene shall make every effort to ensure that the content is accurate.  However, some or all of the content is obtained from information furnished or transmitted by third parties.  Save as is set out in these terms and conditions Shipscene makes no warranties, representations, statements or guarantees, express or implied, regarding the website, the content, the availability of the content, the accuracy or completeness of the content, or any services that may be provided via the website.  The website and the content, including any future content, are provided on an "as is" basis.

8 Disclaimer

Shipscene, its directors and employees shall not be responsible for and disclaim all liability for any loss, damage or liability of any kind (whether direct, indirect or consequential) which may be suffered by the user or a third party which may be attributable to the user's use of the website and reliance on the accuracy of the content.

9 Website Links

The website may contain links to other websites.  Shipscene makes no representation in regard to the content of those websites.  Use of the link to those websites or reliance on the content of those websites is at the user's own risk.  If the user chooses to use links to other websites then the user should refer to the terms and conditions applicable to the use of that website.  The user shall not, unless with the prior written consent of Shipscene, link the user's website to Shipscene's website.

10 Limitation

Neither Shipscene nor its directors or employees will be liable for any damages whatsoever, including but not limited to any direct, indirect, consequential or punitive damages, whether arising out of statute, contract or delict (including but not limited to negligence and gross negligence), relating to the use of the website or reliance on the content.

11 Privacy

11.1 Shipscene receives information from the user when the user accesses the website.  Shipscene will make every effort to protect any information received by it.  Despite such undertaking, it is possible for internet based communications to be intercepted.
11.2 Shipscene will not be responsible for any damages the user or any third party may suffer as a result of the transmission of confidential information the user sends to Shipscene through the internet, or for any errors or for any changes made to any transmitted information.
11.3 In the event that Shipscene is served with legal papers requiring the delivery of personal customer information then Shipscene will be obliged to and shall comply.
11.4 Shipscene aspires to provide exemplary service to its customers, which necessitates Shipscene providing information to the user regarding new services or special offers.  In each instance the user is provided with an opportunity to opt-out of such information circulars.
11.5 Shipscene's customer information is one of its valued assets and the user agrees that Shipscene may sell that customer information should Shipscene determine that such a sale is in its best interest.

12 ECT Act

In compliance with Section 43(1) of the Electronic Communications and Transactions Act, Shipscene makes the following information available :

12.1 full name and legal status : Shipscene (Proprietary) Limited, is a private company incorporated in accordance with the laws of the Republic of South Africa;
12.2 physical address and telephone number: 96 Armstrong Avenue, Villa Avant Garde, La Lucia, 4051, South Africa, Tel. +27 82 868 9952
12.3 website and e-mail address: www.shipscene.co.za and shipscene@shipsee.co.za ;
12.4 membership of any self regulatory or accreditation bodies : Not applicable;
12.5 applicable code of conduct : Not applicable;
12.6 company registration number: 2007-004698-07; office bearers: Mrs. Lesley Phillips, Mr. Jason Wilson; place of registration: Durban, South Africa;	
12.7 physical address for service of legal documents: 96 Armstrong Avenue, Villa Avant Garde, La Lucia, 4051, South Africa.
12.8 description of services offered : Information services providing details of vessels in selected African Ports that carry automatic identification system transponders;
12.9 price of services : Detailed at www.shipscene.co.za ;
12.10 manner of payment : Electronic funds transfer, electronically by credit card, direct bank deposit, cash or cheque;
12.11 terms of agreement : The agreement between the user and Shipscene is regulated by these terms and conditions;
12.12 time within which service is to be rendered :  The services rendered relate to information contained on the website which is available as the website is used and is updated on average every three minutes;
12.13 record of the transaction :  When the user subscribes the user can make a copy of the information furnished and these terms and conditions also constitute a record of the transaction; 
12.14 return and refund policy :  The nature of the service is such that there can be no return and no money paid by the user to Shipscene will be refunded unless Shipscene in its discretion deems such refund appropriate;
12.15 alternative dispute resolution code :  Shipscene does not subscribe to any alternative dispute resolution code;
12.16 security procedures and privacy policy :  Shipscene uses encryption technology which meets acceptable standards;
12.17 minimum duration of agreement :  One month;
12.18 cooling off period : No cooling off period applies as the terms of Section 42 of the Electronic Communications and Transactions Act applies.

13 Choice of Law

This website is controlled, operated and administered by Shipscene within the Republic of South Africa.  These terms and conditions shall be governed by the laws of the Republic of South Africa, and the user consents to the jurisdiction of the High Court of South Africa, Durban & Coast Local Division, in the event of any dispute.

14 General

14.1 These terms and conditions constitute the entire agreement between Shipscene and the user with regard to the use of the website and the content and neither Shipscene nor the user shall be bound by any undertakings, representations or warranties not recorded in these terms and conditions.
14.2 No alteration, cancellation, variation of, or addition to these terms and conditions shall be of any force or effect unless reduced to writing and signed by the user and Shipscene.
14.3 No indulgence, leniency or extension of time which Shipscene or the user grants to the other shall in any way prejudice the grantor or preclude the grantor from exercising any of its rights in the future.
14.4 Each of Shipscene and the user warrants and undertakes to the other that it is not acting as undisclosed agent or nominee for any other person or entity when contracting with the other in terms of these terms and conditions and that they agree to these terms and conditions in order to secure the benefits only for itself and not for any other entity or person.
14.5 If any clause, term or condition of these terms and conditions should be invalid, unenforceable or illegal, the remaining terms and provisions of the terms and conditions shall be severable and shall continue to be of full force.
14.6 The lapsing, expiration or termination of the agreement between Shipscene and the user as recorded in these terms and conditions shall not affect those of its provisions which expressly provide that they will continue to apply after such lapsing, expiration or termination or which of necessity must continue to apply after such lapsing, expiration or termination.

I have read and agree to the terms and conditions