Welcome to the Shipbroker Portal from SDSD.
Acceptance of Terms
Your use of the Shipbroker Portal services is subject to the terms of a legal agreement between you and SD Software Developers Ltd trading as SDSD.
It is important that you take the time to read these terms carefully.
Using the Shipbroker Portal services indicates your acceptance of these terms. In this case, you understand and agree that SDSD will treat your use of the Services as acceptance of the Terms from that point onwards.
You may not use the services and may not accept the terms if (a) you are not of legal age to form a binding contract with SDSD, or (b) you are a person barred from receiving the Services under the laws of the United Kingdom or other countries including the country in which you are resident or from which you use the services.
Provision of Services
SDSD is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which SDSD provides may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that SDSD may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at SDSD’ sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform SDSD when you stop using the Services.
You acknowledge and agree that if SDSD disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
Use of the Services by you
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to SDSD will always be accurate, correct and up to date.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by SDSD, unless you have been specifically allowed to do so in a separate agreement with SDSD.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Unless you have been specifically permitted to do so in a separate agreement with SDSD, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that SDSD has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which SDSD may suffer) of any such breach.
Your passwords and account security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
Accordingly, you agree that you will be solely responsible to SDSD for all activities that occur under your account.
If you become aware of any unauthorised use of your password or of your account, you agree to notify SDSD immediately at firstname.lastname@example.org (Mon-Fri 9am – 5pm).
Privacy and your personal information
You agree to the use of your data in accordance with SDSD’s privacy policies.
Content in the Services
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Shipbroker Portal are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
You should be aware that Content presented to you as part of the Shipbroker Portal, including but not limited to advertisements and sponsored Content and may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to SDSD (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by SDSD or by the owners of that Content, in a separate agreement.
SDSD reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
You agree that you are solely responsible for (and that SDSD has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which SDSD may suffer) by doing so.
You acknowledge and agree that SDSD (or SDSD’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by SDSD and that you shall not disclose such information without SDSD’s prior written consent.
Unless you have agreed otherwise in writing with SDSD, nothing in the Terms gives you a right to use any of SDSD’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
If you have been given an explicit right to use any of these brand features in a separate written agreement with SDSD, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and SDSD's brand feature use guidelines as updated from time to time.
Content licence from you
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Shipbroker Portal. By submitting, posting or displaying the content you give SDSD a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Shipbroker Portal. This licence is for the sole purpose of enabling SDSD to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
You agree that this licence includes a right for SDSD to make such Content available to other companies, organisations or individuals with whom SDSD has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
You understand that SDSD, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit SDSD to take these actions.
You confirm and warrant to SDSD that you have all the rights, power and authority necessary to grant the above licence.
The Shipbroker Portal may display advertisements and promotions.
The manner, mode and extent of advertising by SDSD on the Shipbroker Portal are subject to change without specific notice to you.
In consideration for SDSD granting you access to and use of the Services, you agree that SDSD may place such advertising on the Shipbroker Portal.
The Shipbroker Portal may include hyperlinks to other web sites or content or resources. SDSD Ltd has no control over any web sites or resources which are provided by companies or persons other than SDSD.
You acknowledge and agree that SDSD is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that SDSD is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Changes to the Terms and Conditions
SDSD may make changes to the Terms and Conditions from time to time. When these changes are made, SDSD will make a new copy of the Terms and Conditions available on the Shipbroker Portal.
You understand and agree that if you use the Services after the date on which the Terms and Conditions have changed, SDSD will treat your use as acceptance of the updated Terms and Conditions.
General legal terms
Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
The Terms constitute the whole legal agreement between you and SDSD and govern your use of the Services (but excluding any services which SDSD may provide to you under a separate written agreement), and completely replace any prior agreements between you and SDSD in relation to the Services.
You agree that SDSD may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
You agree that if SDSD does not exercise or enforce any legal right or remedy which is contained in the Terms (or which SDSD has the benefit of under any applicable law), this will not be taken to be a formal waiver of SDSD’s rights and that those rights or remedies will still be available to SDSD.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
You acknowledge and agree that each member of the group of companies of which SDSD is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
The Terms, and your relationship with SDSD under the Terms, shall be governed by English law. You and SDSD agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that SDSD shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Information that we collect and how we use it
In order to provide our full range of services, we may collect the following types of information:
• Information that you provide – When you register for the Shipbroker Portal, we ask you for personal information (such as your name, email address and an account password). We may combine the information that you submit under your account with information from other SDSD services or third parties, in order to provide you with a better experience and to improve the quality of our services.
• User communications – When you send emails or other communications to SDSD, we may retain those communications in order to process your enquiries, respond to your requests and improve our services.
Why We Need To Collect Information From You
We will notify you as to the types of information we are collecting about you as well as the uses we intend to make of that information. We may use the information we collect about you to notify you from time to time about important new features and changes to our online services or special offers, competitions or promotions we think you'll find of interest.
SDSD only shares personal information with other companies or individuals outside SDSD in the following limited circumstances:
• We have your consent. We require opt-in consent for the sharing of any sensitive personal information.
• We have a good-faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of SDSD, its users or the public, as required or permitted by law.
We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users who searched for a particular term, for example, or how many users clicked a particular advertisement. Such information does not identify you individually.
We take appropriate security measures to protect against unauthorised access to or unauthorised alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorised access to systems where we store personal data.
We restrict access to personal information to SDSD employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
Accessing and updating personal information
When you use SDSD's services, we make good-faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate, or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes.
We take reasonable steps to ensure that the personal information that we process is accurate, complete and current, but we depend on our users to update or correct their personal information whenever necessary.
Feedback, Comments & Suggestions
Last amended: Oct 2009