Terms & Conditions

Terms and Conditions for PBGA Publishing

These Terms of Use, together with the Site’s Privacy Policy and any specific terms, guidelines and instructions we may give you constitute the agreement between us and you (which we will refer to as the “Agreement”).

The Agreement governs the provision of the paid-for subscription products and services offered through this Site and constitutes the entire understanding between us and you in respect of the Products. This Agreement shall apply to your use of the Products only.

The Products to be offered include:

• The paid-for subscription product

• The Site

These Terms of Use are applicable from 1^st September 2016 and may be amended from time to time and the new Terms of Use will then apply to any future orders by you. Details of amendments will be posted in section 12.

The Site and the Products are subject to the laws, regulations, customs and conventions relevant to publishing and advertising in the United Kingdom.

1. Prices
   The prices payable for the e-bulletin service that you order are clearly set out. If we have incorrectly priced a particular licence, we will not be bound to supply that Product to you at the stated price and we reserve our right to charge you the correct price for that Product or to subsequently charge you the difference between the incorrect and the correct price. If we do this, you have the right to cancel your order for the Product in question in accordance with section 5 below and receive a refund for that Product. All prices are expressed as exclusive of any VAT where applicable unless otherwise stated. We may alter prices for the Products from time to time. If we do this, we will let you know before renewal of your subscription. Any price discounts will take effect at the time you place your order for a particular Product and cannot be changed during the term of your subscription.

2. Delivery and Access
   Delivery will be made to the email address(es) given to us by you upon purchase of a licence. We aim to deliver Products and/or process your subscription promptly but we do not promise that delivery or access will happen immediately nor are we liable for any problems, delays or losses in respect of delivery or access arising out of any cause beyond our control. Without limitation, we shall not be responsible for any problem you may experience with the Products due to the act or fault of any telecoms provider, internet service provider and/or technology supplier; systems maintenance (we shall try to keep this to a minimum and outside of peak hours, wherever reasonably possible); any incompatibility or technical fault in respect of your computer hardware software and/or systems; your email in-box is full; or any other circumstance where we send you or grant you access to a particular Product but you are unable to receive it through no fault of our own. If for any reason we are unable to supply a particular Product, we will endeavour to inform you as soon as possible. We reserve the right to permanently withdraw any Products, in which event you will be entitled to a refund of any fees already paid by you to the extent that the fees relate to use of the Products following the withdrawal date.

3. Your email
   Your email address(es) you provide upon purchasing a licence are personal to the individual and may not be used by anyone else to receive the Product. You will not do anything which would assist anyone who is not a registered user to gain access, nor will you assist anyone who is not a subscriber to gain access to subscription products. If you believe that someone may be using your email address you should notify Insurance Marine News by emailing [email protected]

4. Subscription Periods, Cancellations and Refunds
   The date of the invoice sent will be the first day of your subscription for the Product, unless you are entitled to a free trial of the Product in which case your paid subscription period will begin at the end of the trial period. Subscriptions have a period of one year from the invoice sent (or end of free trial, if appropriate), unless we expressly state otherwise. Because we make arrangements for the provision of the Products on receipt of your order, your only right of cancellation (other than in respect of a free trial) is as set out below. For the avoidance of doubt, no refunds will be issued for any subscriptions. If, in our reasonable opinion, you are in breach of any term of this Agreement, we may cancel this Agreement with you. At any point we may cancel your order or subscription entirely or decline to supply a particular Product to you. These provisions do not affect your other statutory rights.

5. Payment
   You are responsible for the payment of all fees associated with the use of any Product using your email address(es). Fees are payable in British Pounds Sterling, Euros or US dollars. The fees are payable for defined periods for subscription products. You must provide us with complete and accurate payment information. You can either pay by bank transfer, BACS or cheque.

6. Disclaimer of liability
   We will use reasonable skill and care in making the Products available to you. Otherwise, to the extent permitted by law, the Products are provided by us without any warranties or guarantees. In particular, we do not warrant that the Site or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything that has destructive properties. Although we will do our best to provide constant, uninterrupted access to the Products on the Site, we do not guarantee this. We accept no responsibility or liability for any interruption or delay. You can access other sites via links from Site. These sites are not under our control and we cannot accept responsibility in any way for any of their contents. To the full extent allowed by applicable law, you agree that we will not be liable to you for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Site, the Product or the content within them. We will use reasonable endeavours to promptly remedy any faults in the Products of which we are aware. If we are found to be liable to you, our liability (whether arising in negligence or otherwise) will not under any circumstances exceed an amount equal to the sums paid or payable by you in respect of the Product to which such liability relates. Nothing in these terms of use shall exclude our liability for personal injury or death caused by negligence.

7. Data protection
   All information received by us from your subscription and/or your use of the Site and/or your purchase of the Products will be used in accordance with our Terms and Conditions of Use. We warrant that we will duly observe the requirements of the UK Data Protection Act 2018, and all applicable data protection laws, regulations, and binding codes of practice that relate to this Agreement. We will not collect or share any Personal Data (as defined in the UK Data Protection Act 2018), unless we have written consent from the data subject to do so, and such consent must be freely given, specific, informed, and unambiguous, and is capable of being withdrawn at any time.

8. Use of Material
   For the purposes of this Agreement, we may provide you with material including, without limitation, text, video, graphics and sound material, published on the Site, contained in, linked to or from any Product (“Material”).You may download and print extracts from the Material and make copies of these for your own personal and non-commercial use only. You are not allowed to download or print the Material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the Material. You will acquire no rights to the Material, in whatever form, format or arrangement, unless we expressly grant such rights to you. You will not edit, adapt or amend the Material in any way. You will not attempt to circumvent any copy-protection software relating to the Materials, the Site and the Products. You will not reproduce any part of the Site or the Material or transmit it to or store it in any other website or disseminate any part of the Material in any other form, unless we have given you clear written consent for you to do so.

9. Advertising and Linking
   The Site and/or the Products may contain advertising material and/or promotions of third parties and links to the websites of third parties (“Advertising”). Such third parties are solely responsible for the content of such Advertising and for the information, products and services on their websites. To the fullest extent permitted by law, we accept no responsibility for the Advertising, information, products or services of third parties, including, without limitation, any error, omission or inaccuracy. Some Advertising may not be relevant to you. You may not be eligible for some competitions, special offers, products or promotions. Some Advertising may be governed by special terms and where this is the case, you are advised to read these carefully as such special terms will take precedence over any conflicting terms in this Agreement. If you have any complaint, question or request relating to advertising material (including if you want to advertise on the Site/in any Product) please contact us by email to [email protected]

10. Law and Jurisdiction
    The Products, the Site, and the terms of this Agreement are governed by English law and you agree to submit to the non-exclusive jurisdiction of the English Courts.

11. Amendments
    Any changes to this Agreement shall bind you from the time that we give you notice of them. You may terminate your subscription for any Product affected by any change providing that you do this promptly. The Site and e-bulletin services is owned and operated by PBGA Publishing , a company registered in England and Wales whose Registered office is at 67 High Street, Headcorn, TN27 9QA