Terms

Access to the ICAP Shipping web site (the "Site") defined below is provided by ICAP Shipping. For the purposes of this agreement, "ICAP Shipping" shall mean ICAP Shipping International Limited and its affiliates, and their officers, directors, managing directors, partners, and employees.  The "Site" shall mean the website of ICAP Shipping located at www.icapshipping.com, and select other domains.

This Terms of Use Agreement (the "Agreement") describes your rights and responsibilities and states the terms and conditions under which you may use this website and take chargeable services from it.  Please read this document carefully.  The term "you" as used herein refers to all individuals and/or entities accessing the Site for any reason.

By continuing to use the Site, you are indicating your acceptance to be bound by the terms and conditions of this Agreement between you and ICAP Shipping.  If you do not accept the terms and conditions stated here, ICAP Shipping is not willing to allow you to use the Site and you should immediately stop using the Site. You must be at least 18 years of age to use the Site. If you are not at least 18 years old, you should immediately stop using the Site. You may print and keep a copy of this Agreement as it forms a legally binding contract between you and ICAP Shipping. It is your responsibility to review this Agreement periodically. ICAP Shipping reserves the right to modify this Agreement from time to time without notice and in its sole discretion at any time by updating this web page, and your continued use of the Site after any modifications by ICAP Shipping shall constitute your acceptance of such modifications.

Scope of Use: The information, text, photos, software, graphics, data, reports and other content and material (the "Information") provided on the Site is provided by ICAP Shipping and its third party information providers ("Information Providers") for general informational purposes only and may not be redistributed by you.  This Site is directed at users within the European Economic Area ("EEA") only, and no representation of any sort is made to any other person. Information provided on the Site may be delayed as determined by ICAP Shipping in its sole discretion. ICAP Shipping reserves the right to modify the Site from time to time without notice and in its sole discretion at any time. Products, packages and services which may be accessed on the Site, including any products or services for which a fee is payable (the "chargeable services"), may change from time to time. Any changes will be set out clearly on the Site.  You agree to use the Site, and the Information provided thereon, only for your own personal use, and not to copy, modify, reproduce, retransmit, disseminate, sell, distribute, republish, broadcast, post, circulate or commercially exploit the Information available on the Site in any manner without the express written consent of ICAP Shipping (and its Information Providers, as may be applicable), nor to use the Information available on the Site for any unlawful purpose. You agree to access the Information available on the Site manually by request and not programmatically by macro or other automated means, and to view the Information only as displayed on your terminal screen and not attempt to upload, intercept, extract or otherwise collect and/or record the Information through any technological means. You agree not to manipulate any identifier to hide the origin of content or the identity of the person posting or accessing any password only pages or hidden pages on the Site, nor will you upload any material with viruses, violate your own local law, impersonate a famous or other person or say you are affiliated to a body when you are not, use the Site or Information to send unsolicited emails other than to contact ICAP Shipping on the Site for a legitimate business purpose, nor will you sell any advertising on the Site to any commercial third party.  You also agree not to overload the Site with material or cause it to crash or be slowed down significantly through your action.

Password and Personal Details: When you register to use the Site you will be asked to create a password and username. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted to the Site under your username and password. If you know, or suspect, that anyone else knows your password you should notify us and amend your password immediately. It is your responsibility to ensure that all information that you choose to submit to the Site including, without limitation, the details you provided on registration, when purchasing a chargeable service or at any time, is correct and complete. You must inform ICAP Shipping immediately of any changes to the information that you provided when registering by updating your personal details.  ICAP Shipping does not accept any liability or responsibility to the extent that you fail to do so.

Postings: ICAP Shipping encourages users of the Site to contribute to any Site forum, comment threads and other channels of uploading user-created content ("Postings"). By submitting a Posting you are granting ICAP Shipping a perpetual, royalty-free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sublicense the material in whole or in part and in any form. You agree to follow any rules provided by ICAP Shipping from time to time in respect of uploading of Postings ("Posting Rules"). You agree not to make libellous Postings or any Postings which are illegal, defamatory or breach any copyright, database or other related rights. It is your responsibility to check whether any Posting that you upload to the Site would have such effect and ICAP Shipping does not accept any liability in this respect. ICAP Shipping makes no representations as to the validity of any opinion, advice, information or statement displayed in a Posting. You are solely responsible for the content of your Postings and the views expressed by individuals do not represent the views of ICAP Shipping. If you see any Posting on the Site which breaches your or anyone else's rights or may be illegal, defamatory or otherwise should be removed, please let ICAP Shipping know immediately and, where ICAP Shipping agrees, it shall do its best to remove it as soon as reasonably possible. ICAP Shipping reserves the right to remove any Postings from the Site or edit any Posting at its discretion, but has no obligation to do so. You must ensure that you only use Postings personally and that you do not allow non-subscribers to submit Postings using your password.

Chargeable Services: When you click a button, or by some other means, signify that you wish to take a chargeable service from the Site (such as sign up to one of ICAP Shipping's basic or other services, packages or products), you enter into a contract with ICAP Shipping to take such services. These may be a one-off purchase or an ongoing service contract. You will be advised on the minimum period of service for which you are paying and how frequently renewals will be.  All chargeable services are clearly marked as chargeable on the Site and the applicable price payable by you is shown. Fees for chargeable services must be paid, in advance by credit or debit card or you will be invoiced.  You may only use your own credit or debit card and not someone else's card to pay for such services and you may only order products or material for yourself for your own internal private or business purposes. You may not purchase products or material to include in other materials without ICAP Shipping's express prior written consent. Where you will be subject to automated repeat credit card renewals, you will be informed of this in advance. The services may be available immediately and therefore you consent to such service starting right away, if applicable. ICAP Shipping reserves the right to reject any order, it its sole discretion, without giving any reason to you. You agree that you have no right to cancel such contract other than by any express right to terminate set out in this Agreement or on the Site. If an automated renewal operates for that service, you will be given full details and notice in advance so you can cancel if you choose. Either ICAP Shipping or you may terminate any ongoing chargeable service upon the provision of prior notice to the other at any time. ICAP Shipping may give such notice by posting an announcement on the Site and where ICAP Shipping terminates a chargeable service (and does not replace it with a service of equivalent or better quality) it will refund any money already paid by you in advance to ICAP Shipping (unless you were at fault) for the unexpired period. If you do not pay fees due for chargeable services then ICAP Shipping can immediately terminate your subscription for any chargeable service and/or bar you from using the Site. ICAP Shipping reserves the right to increase fees from time to time. If ICAP Shipping closes down the Site, you will be entitled to a refund of fees for the proportion of unused period for which you have paid in advance.

Where you purchase goods or services having been directed from the Site through a link to a third party any arrangement you may choose to form with such third party or use of their website is a matter between you and them. ICAP Shipping does not accept any liability for the quality or type of services or goods provided by those whom it mentions on the Site or to whom you may have linked from the Site. It is for you to make your own judgment about the quality of such providers. ICAP Shipping excludes all liability both under contract and under the law of tort including, without limitation, liability for misrepresentation to the fullest extent permitted by law in this respect.

Product Changes: Where ICAP Shipping determines, in its sole discretion, that it needs or wishes to alter a package, product or chargeable service or remove an item from the Site it has the right to do so and may change what is provided on or through the Site at any time,  whether this is a chargeable service or otherwise. However ICAP Shipping will endeavour to ensure any such change is for a product of an equivalent quality and in the event of any change which results in the removal or reduction of a material part of the service, a refund proportional to that change will be given to you as an option.  Such a sum will not exceed the initial subscription you have paid for that item and ICAP Shipping's liability in relation to any such changes, withdrawal of products or alterations is limited to such sum.

Copyright and Intellectual Property Right Ownership The Site, and all Information therein, contains material owned by either ICAP Shipping or its Information Providers which is protected under copyright, trademark and other intellectual property laws. ICAP Shipping and its Information Providers, as applicable, own the copyright to all Information and works of authorship on the Site. All trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of ICAP Shipping or its Information Providers, as applicable. In particular, ICAP, ICAP Shipping and the ICAP and ICAP Shipping logos are trademarks of ICAP Shipping and you may not use such names or logos without ICAP Shipping's prior written consent.  You agree that, other than the right to access the Site and view the Information contained on the Site under the terms and conditions set forth herein, you acquire no ownership, title, right or interest of any kind in or to the Site or any portion of any Information on the Site (including any Information downloaded as part of a chargeable service), and that all title, right and interest therein and thereto remains with ICAP Shipping (and its Information Providers, as may be applicable).  You may not copy any of the Information provided on the Site and must not copy these documents to any website.

Disclaimer of Warranties: No Information on the Site is intended (i) as investment, tax, accounting or legal advice, (ii) as an offer, recommendation or solicitation of an offer to sell or buy any security or any other financial instrument, or to participate in any trading strategy or (iii) as an endorsement, recommendation or sponsorship of any investment, security or other financial instrument. Everything on the Site is provided "as is" without any representations or warranties of any kind (whether express or implied). To the fullest extent permissible under applicable law, ICAP Shipping and its respective members, officers, directors, employees, Information Providers, suppliers, and agents (collectively, the "ICAP Shipping Parties") hereby disclaim all representations and warranties, express, implied or statutory, including, without limitation, all implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and all representations and warranties (1) relating to the adequacy, timeliness, accuracy or completeness of any Information on the Site, (2) that your use of the Site will be uninterrupted, error-free, or secure, (3) that defects will be corrected, or (4) that the Site or the servers on which the Site is hosted are free of viruses or other harmful components. You assume total responsibility and risk for your use of, or reliance on, the Site and any Information provided on the Site.   Information contained on the Site is subject to change at any time without notice.

The fact that ICAP Shipping has made the data and services provided on this Site available to you constitutes neither a recommendation that you enter into a particular transaction nor a representation that any product described on this Site is suitable or appropriate for you. Many of the products described on this Site involve significant risks, and you should not enter into any transactions unless you have fully understood all such risks and has independently determined that such transactions are appropriate for you.  Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned.  You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, legal, tax and accounting advisors concerning any contemplated transactions.

Disclaimer of Damages and Limitation of LiabilityTo the fullest extent permitted by applicable law, no ICAP Shipping Party shall be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other losses or damages (including, but not limited to, damages for loss of profits, loss of business, use, data or other intangible damages, even if such party has been advised of the possibility of such damages), under any contract, tort (including, without limitation, negligence and strict liability) or other legal theory, howsoever caused, arising out of or relating in any way to the Site and/or any Information or product or service contained on the Site  or downloaded or otherwise (including, without limitation, chargeable services), or any errors or omissions therein, or your use of, or inability to use, or reliance on, the Site. Your sole remedy for dissatisfaction with the Site and/or Information contained on the Site is to stop using the Site. In the event that the foregoing disclaimer of liability is held to be invalid or unenforceable, you agree that the maximum cumulative aggregate liability of the ICAP Shipping Parties to you for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence and strict liability), or otherwise) at any time shall be the aggregate cumulative amount paid by you to ICAP Shipping at such time, if any, to access the Site or, in the case of chargeable services (if their provision breaches the terms of this Agreement) you may be entitled to a refund of the fees paid by you to ICAP Shipping for such chargeable service (provided you are not at fault) but such amount would be the maximum cumulative aggregate liability of ICAP Shipping to you.  This Site gives a large amount of data and textual content and there will inevitably be errors in it.  You should independently verify any Information before relying upon it.  If you find any inaccurate information on the Site please let ICAP Shipping know and it will consider whether a correction is required. 

Any Information and other products and services including any chargeable services may only be distributed in such circumstances as may be permitted by applicable law. Such Information, whether paid for or free, on the Site has no regard to the specific investment objectives, financial situation or particular needs of any specific recipient. The Information is published solely for information purposes. While the Information, and any opinions expressed in it, have been derived from sources believed to be reliable and in good faith they are not to be relied upon as authoritative or taken in substitution for the exercise of your own commercial judgment. No Information on the Site or in any product purchased or obtained from ICAP Shipping is intended to be a complete statement or summary of any securities, markets or developments referred to in such report or other material. Any opinions expressed on the Site, in any Information, report or any product or service which is paid for or free, are subject to change without notice and may differ or be contrary to opinions expressed by other areas of the ICAP Shipping group.  ICAP Shipping is under no obligation to update or keep current the information contained thereon. ICAP Shipping is, for some information, a distributor and not a publisher of content supplied by its Information Providers or users of the Site. Any opinions, advice, statements, services, offers, or other Information or content expressed or made available by such third parties, including Information Providers, or users, are those of the authors or distributors and not of ICAP Shipping. ICAP Shipping does not endorse nor is it responsible for the accuracy or reliability of any opinion, advice or statement made on the Site.

ICAP Shipping accepts liability for death or personal injury caused by negligence or responsibility for fraudulent misrepresentation to the extent that such cannot be excluded under English law.

ICAP Shipping are not in particular, but without limitation, liable for any interruptions to the services or outages arising directly or indirectly from:-

i. interruptions to the flow of data to or from the internet;

ii. changes, updates or repairs to the network or software which it uses as a platform to provide the services, although it aims to minimise any interruptions/outages that may be caused by such change;

iii. the effects of the failure or interruption of services provided by third parties;

iv. factors outside its reasonable control;

v. any actions or omissions of yours (including, without limitation, breach of any of your own obligations under this Agreement) or any third parties;

vi. problems with your own equipment and/or third party equipment;

vii. any interruptions to the services you request including, without limitation, for any changes to the service provided such as where a third party feed is no longer or temporarily available.

Although the Site is built using the latest technology and compatible with most web browsers, ICAP Shipping makes no representations or warranties that it will be compatible with your hardware/software configuration.  It is optimised for on-screen viewing and ICAP Shipping is not responsible for how documents may print out.

Barring from the Site: ICAP Shipping reserves the right to bar users from the Site, on a permanent or temporary basis at its discretion. Any such user shall be notified and must not then attempt to use the Site under any other name or through any other user. If you have paid and the barring is not due to breach of this Agreement, you will be given a refund for the balance of the period for which you have paid.

Indemnity: You agree to indemnify, defend and hold harmless the ICAP Shipping Parties from and against any claim, action or demand, including, without limitation, reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement.

Jurisdictional Issues: The Site is solely to be used by individuals residing in the EEA. ICAP Shipping makes no representation that (i) materials on the Site are appropriate or available for use in other locations or (ii) that any products, instruments or services discussed on the Site are appropriate or available for use or sale in any jurisdiction. If you choose to access the Site from any location then you do so on your own initiative and at your own risk, and you are responsible for compliance with all applicable local laws. ICAP Shipping reserves the right to limit the availability of the Site to any person, geographic area, or jurisdiction it desires, at any time and in its sole discretion.

Links to Other Websites: The Site may contain links to third-party internet websites or resources.  These links are provided solely as a convenience to you and not an endorsement by ICAP Shipping of the contents of such third-party websites.  ICAP Shipping neither controls nor endorses any such other websites, nor has it reviewed or approved any content that appears on such other websites. You acknowledge and agree that ICAP Shipping shall not be held responsible for the legality, timeliness, accuracy, completeness or appropriate nature of any information, data or other content, advertising, products, or services located on or through any other third-party websites, nor for any loss or damages caused or alleged to have been caused by your use of, inability to use, or reliance on, any such content, information or data.  If you decide to access a linked website, you do so at your own risk.

Privacy: ICAP Shipping's policy with respect to the collection and use of your personal information is set forth in its Privacy Policy.  For more information please click here.

Termination: This Agreement, as amended by ICAP Shipping from time to time in accordance with its terms, shall remain effective indefinitely until terminated by ICAP Shipping.  ICAP Shipping shall have the right to terminate this Agreement, and/or your access to and use of the Site, at any time in its sole discretion and without the requirement of written notification.

Miscellaneous: This Agreement shall be governed by and construed in accordance with the laws of England.  Jurisdiction for any claims arising under this Agreement shall lie exclusively with the English Courts.  If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement shall not be assignable or transferable by you except with ICAP Shipping's prior written consent. No waiver by ICAP Shipping of any breach, default or condition hereunder shall be deemed to be a waiver of any other preceding or subsequent breach, default or condition. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This Agreement, together with all ICAP Shipping policies referred to herein, constitutes the entire agreement between you and ICAP Shipping relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral agreements.