Terms & Conditions

Terms and Conditions – KIS-ORCA Website

This website, www.kis-orca.org, (“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, ESCA and its Members.

Data which is provided via this Site, including Plotter Data, is provided free of charge. Kingfisher Information Services and ESCA 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 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 incomplete form;

3.1.3 is not read in conjunction with the Kingfisher Fortnightly Bulletin or any other updates, whether in paper or digital form;

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.

4.3 You agree that you will not use any data from this site for commercial gain without obtaining permission from KIS-ORCA.

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 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 may 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.

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