This website, www.fishsafe.org and any associated sites, (“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 FLTC Services Limited, a company incorporated under the Companies Acts (Registered No. SC348751) and having its Registered Office at 24 Rubislaw Terrace, Aberdeen, AB10 1XE, UK (“us“, “our” or “we“), subject to these terms and conditions of use (“Terms“).FLTC Services Limited is a not for profit organisation.
Data which is provided via this Site, including Plotter Data, is provided free of charge. FLTC Services Limited DO NOT verify data provided on the Site, including Plotter Data.
Please read these Terms carefully before using this Site:
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 DISCLAIMER
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; or
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 LIABILITY
3.1 This Condition sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents, suppliers and sub-contractors) to you in respect of:
3.1.1 any breach of these Terms;
3.1.2 any use made by you of the Site, including, but not limited to, downloads by you of data (including all updates/subsequent data releases) for use with any fishing plotter (“Plotter Data“); and
3.1.3 any representation, statement, delictual act or omission (whether negligent or otherwise) arising from, or in connection with, the Site
3.2 Nothing in these Terms excludes our liability:
3.2.1 for death or personal injury caused by our negligence; or
3.2.2 for fraud or fraudulent misrepresentation.
3.3 Subject to Condition 3.4 which specifically details our liability to you for use of Plotter Data, and except as expressly and specifically otherwise provided in these Terms, you assume sole responsibility for results obtained from use of the Site and for conclusions drawn from such use. We shall have no liability for any damage or loss caused by errors or omissions in any information provided to you in connection with the Site.
3.4 In respect of use of Plotter Data, we shall have no liability whatsoever to you where the Plotter Data:
3.4.1 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;
3.4.2 is uploaded to any fishing plotter incorrectly or in an incomplete form;
3.4.3 is not read in conjunction with the Kingfisher Fortnightly Bulletin or any other updates, whether in paper or digital form;
3.4.4 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.
3.5 (i) Except to the extent required by law, or (ii) in circumstances where we have not effectively excluded liability to you under or in connection with these Terms, the maximum limit of our liability to you whether in contract, delict, negligence, breach of statutory duty or otherwise in the following circumstances shall be:
3.5.1 £10,000 in respect of loss or damage to equipment, including, but not limited to fishing apparatus or gear;
3.5.2 £10,000 in respect of economic loss, including, but not limited to, any loss of profits, loss of business, depletion of goodwill, and / or similar losses or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising.
3.6 Notwithstanding, and in addition to, any other provision of these Terms, we shall not be liable for any loss or damage to vessels of any sort, including fishing boats.
3.7 Other than for any liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation, the maximum limit of our liability to any third party other than you, shall be £10,000 in respect of reliance on Plotter Data and in respect of any other Content on the Site, we shall have no liability whatsoever.
3.8 We shall have no liability to you under these Terms, if we are prevented from, or delayed in, performing our obligations under these Terms or from carrying on business by acts, events, omissions or accidents beyond our reasonable control, including without limitation, default of sub-contractors, strike, lock-outs or other industrial disputes, failure of utility service or transport or communications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
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 us;
5.1.4 purport to transfer or otherwise dispose of your rights under these Terms.
5.2 You will take reasonable steps to ensure that your account details, including, but not limited to, any username and password you may require for access to the Site, are kept secure and used by no one other than you.
5.3 By submitting your personal information to us you agree to our collection, use and disclosure of such information in accordance with our privacy policy set out in Condition 7.
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 control.
7 PRIVACY POLICY
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 done through the use of cookies;
7.1.3 we use and disclose information in aggregate (so that no individual users are identified) for strategic development purposes.
7.2 We will never pass personal data to anyone else, except to any successor in title to our business and suppliers that process data on our behalf in the United Kingdom and abroad.
8 TERMINATION
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 terminate; and
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 MISCELLANEOUS
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.
9.4 Scots law governs this Agreement and the parties submit to the exclusive jurisdiction of the Scottish courts.
© FLTC Services Limited
VERSION: July 2009
