www.oceansafetydirect.com Website User Conditions

The www.oceansafetydirect.com Website (the "Website") is provided, owned and controlled by Ocean Safety Limited (a company registered in England and Wales with company number 2880054) of Saxon Wharf, Lower York Street, Southampton SO14 5QF ("OS") to you (the"User") subject to the following conditions (the "Conditions"). OS can be contacted at mail@oceansafety.com. OS's VAT number is: 787 4360 87.

In using the Website the User indicates his or her agreement to be bound by these Conditions. In agreeing to be bound by the Conditions, the User agrees to be bound by the terms set out in the other documents referred to in these Conditions including without limitation the Privacy Policy attached to these Conditions, and the expression "Conditions" shall be deemed to include those other materials. These Conditions do not apply to contracts for the sale of products or supply of services which are concluded via this Website. Separate On-Line Conditions of Purchase which are provided on the secure area of the Website (the "On-Line Conditions of Purchase") apply to all contracts for the sale of products or supply of services formed via the Website.

The User further agrees that he or she has read and understood these Conditions. If a User has any queries please send them by email to info@oceansafety.com.

OS shall be entitled to terminate the User's permission to use the Website at any time if the User breaches these Conditions. OS shall be entitled to terminate the operation of the Website at any time.  OS shall provide thirty days notice of any such termination by posting a notice to that effect on the Website.

Definitions
The following terms shall have the meaning given below:-

• "Customer" means a User who has placed a request to purchase a Product on-line;
• "On-line Store" means the secure area of the Website which allows Users to initiate the purchase of Product(s) on-line;
• "Privacy Policy" means the OS Privacy Policy attached to these Conditions as that policy may be updated from time to time;
• "Product" means any product offered for sale by OS; and
• "User" means any user of the Website.

Changes to the Website
The User acknowledges and accepts that OS may from time to time alter any aspect of the Website, or any of the products provided through the Website, as it thinks fit and without notice to the User. Further, OS may alter these Conditions at any time by giving 30 days notice on the Website. The User accepts that it will have no claim for breach of contract or otherwise in respect of any such alteration.

User Conduct
The User warrants and undertakes that in its use of the Website it shall:-

• use the Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Website by, any third party;
• not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person;
• not transmit or distribute any material or information which contravenes any applicable law or any person's legal rights; and
• use current virus checking software when using the Website.

OS shall have the right to disable access of any User to the Website at OS's sole discretion if OS reasonably believes that such User is in breach of these Conditions and in particular any of the obligations set out above relating to User conduct.

Website Format
The Website has an on-line store area:-
(On-Line Store): this is the sales area of the Website where Customers can place a secure order to purchase a Product on-line. The sale of Products on-line is governed by the On-Line Conditions of Purchase, a copy of which is available on the secure area of the Website.
 
DISCLAIMER
THE PROVISIONS SET OUT IN THIS "DISCLAIMER" SECTION DO NOT APPLY TO ANY PURCHASES MADE USING THE ON-LINE STORE AS SUCH PURCHASES ARE GOVERNED BY THE ON-LINE CONDITIONS OF PURCHASE.

OS SHALL TAKE REASONABLE CARE IN PREPARATION OF THE CONTENT OF THE WEBSITE (THE "CONTENTS"), BUT OTHERWISE EXCLUDES, INSOFAR AS PERMITTED BY LAW, ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED IN RESPECT OF THE ACCURACY OF THE CONTENTS.

ANY PRICES STATED ON THE WEBSITE FOR PRODUCTS ARE PROVIDED BY WAY OF INFORMATION ONLY AND DO NOT CONSTITUTE AN OFFER MADE BY OS. ANY CUSTOMER WISHING TO PURCHASE A PRODUCT VIEWED ON THE WEBSITE (OTHER THAN VIA THE ON-LINE PURCHASE PROCESS) SHOULD CONTACT OCEAN SAFETY LIMITED IN SOUTHAMPTON FOR UP TO DATE PRICE INFORMATION.

THE USER ACKNOWLEDGES AND ACCEPTS THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT FREE AND MAY FROM TIME TO TIME REQUIRE PERIODS OF DOWNTIME (BEING PERIODS DURING WHICH THE WEBSITE IS NOT AVAILABLE TO THE USER) FOR THE PURPOSES OF REPAIR, MAINTENANCE AND UPGRADING.

ACCORDINGLY, os DOES NOT GUARANTEE UNINTERRUPTED AVAILABILITY OF THE WEBSITE, BUT IT SHALL MAKE REASONABLE EFFORTS TO MINIMISE ANY PERIODS DURING WHICH THE WEBSITE IS NOT AVAILABLE.

OS CANNOT GUARANTEE THAT THE WEBSITE AND ANY DOCUMENTS, FILES AND INFORMATION DOWNLOADED FROM THE WEBSITE WILL BE FREE FROM VIRUSES, TROJAN HORSES, WORMS , TIME BOMBS, KEYSTROKE LOGGERS, SPYWARE OR OTHER HARMFUL PROGRAMS OR COMPUTER CODE DESIGNED TO ADVERSELY AFFECT THE OPERATION OF ANY COMPUTER SOFTWARE OR HARDWARE. OS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, COST OR EXPENSE WHICH MAY BE SUFFERED BY ANY PERSON ARISING FROM ANY SUCH HARMFUL PROGRAMS OR COMPUTER CODE.

OS WILL NOT HAVE ANY LIABILITY TO ANY PERSON FOR ANY INDIRECT OR CONSEQUENTIAL LOSS ARISING FROM THAT PERSON'S USE OF THE WEBSITE.

THE USER ACCEPTS AND ACKNOWLEDGES THAT OS, ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OF ANY SORT, AND ADVISERS SHALL NOT IN ANY WAY BE LIABLE FOR ANY DAMAGE, LOSS, COSTS OR EXPENSES ARISING DIRECTLY OR INDIRECTLY FROM THE USER'S DOWNLOADING OF ANY OF THE CONTENTS FROM THE WEBSITE OR USE OF ANY OF THE CONTENTS FOR ANY PURPOSE.

NOTHING IN THESE CONDITIONS SHALL EXCLUDE OR LIMIT OS'S LIABILITY FOR: DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR ANY OF THE FOLLOWING TERMS IMPLIED BY LAW:-

• THAT OS HAS THE NECESSARY RIGHT AND TITLE TO SELL PRODUCTS TO YOU;
• THAT PRODUCTS WILL CORRESPOND WITH THE DESCRIPTION OF THE PRODUCTS IN ANY CONTRACT BETWEEN YOU AND OS;
• THAT PRODUCTS SHALL BE OF SATISFACTORY QUALITY AND SHALL BE REASONABLY FIT FOR THE PURPOSE FOR WHICH THEY ARE MADE AND SOLD; AND
• THAT THE QUALITY OF PRODUCTS SHALL CORRESPOND TO ANY SAMPLES OF THE PRODUCTS VIEWED BY YOU PRIOR TO YOU PLACING ANY ORDER FOR PRODUCTS.

Hypertext Links
The Website and its Contents may incorporate links to the websites and services of third parties. Such links are provided for the User's convenience only, and their provision does not constitute an authorisation by OS to the User to access such third party Websites, nor an endorsement of the content of such third party Websites by OS.

The User acknowledges and accepts that OS is not, and shall not be held responsible for any damages, loss, costs or expenses arising from the use of such third party Websites, or products or services available through such third party Websites.

Copyright
Except where expressly indicated otherwise, copyright in all of the contents of the Website belongs to OS or third party licensors.

Notwithstanding the foregoing, OS hereby authorises Users for the purposes of using the Website in accordance with the User's obligations under these Conditions to:-

• view and display the contents;
• download the contents and store them in the User's computer (for example in the browser's cache) for a period not exceeding thirty days, provided that the User also downloads any relevant copyright notice; and
• print out the contents, provided that the User also prints out any relevant copyright notice attached to the contents.

Trade Marks
The names and logos identifying the Website and OS and its products and services are either (a) proprietary marks of OS or (b) marks which OS is licensed to use. Nothing in these Conditions shall confer on the User any licence of any such mark or of any other intellectual property right of OS or any third party (subject always to the above provisions relating to copyright).

General
These Conditions shall be deemed to include any other policies published on the Website from time to time, including but not limited to rules relating to the data protection policy of OS, as set out in the Privacy Policy;

These Conditions, the Privacy Policy and any other specific terms of use appearing anywhere on the Website constitute the entire agreement of the parties in relation to the use of the Website, and the Conditions supersede any other agreements between the parties in this matter. All other terms, conditions, warranties or other stipulations concerning the Website whether express or implied by common law or under statute are excluded to the fullest extent permitted by law.

If any of these Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Conditions are intended to be effective, then to the extent and within the jurisdiction in which that Condition is illegal, invalid or unenforceable, it shall be severed and deleted from the Conditions and the remaining Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

The rights of OS and the User under these Conditions may be exercised as often as necessary. They are cumulative and not exclusive of either party's rights under the general law, and may be waived only in writing. Delay in exercising or non-exercise of any right is not a waiver of that right.

Both parties shall comply with all applicable laws in performing their obligations pursuant to these Conditions.

Neither party shall be liable for any breach of these Conditions to the extent that such breach arises from any act of God, war, national emergency, act of terrorism, riot, civil commotion, fire, explosion, flood, storm, epidemic, power cuts or fuel shortages.

OS is aware that some Users may suffer from disabilities which make it difficult to access and use all parts of the Website. Within the constraints of the technology used to construct the Website, OS has taken reasonable efforts to make the Website accessible to disabled Users. OS would like to receive feedback from disabled Users to help identify any features which such Users may find difficulty with and to allow OS to deliver improvements to the service received by such Users. If a disabled User requires advice or would like to give feedback in relation to use of the Website, he/she should contact Ocean Safety Limited at: Webmaster, Ocean Safety Limited, Saxon Wharf, Lower York Street, Southampton , SO14 5QF ; or info@oceansafety.com; or 023 8072 0800 .

Ocean Safety Competition Terms & Conditions:

1.0  The competition is open to all readers of Wavelength.

2.0  Maximum of one entry per person.

3.0  Competition entries should be emailed to  marketing@oceansafety.com by 15^th April 2010.

4.0  Ocean Safety will accept no responsibility for emails not received.

5.0 The winners will be picked at random. The decision is final and no correspondence will be entered into.

6.0  Any winner in breach of the rules will have their prize withdrawn.

7.0  By submitting your email, the entry grants Ocean Safety the licence to use/edit/publish/broadcast the winning entries in any marketing activity including publicity and promotional purposes.

8.0  Prizes are non-transferable and non-negotiable and there will be no monetary equivalent.

9.0  The winning entries will be notified via contact email address supplied.

Governing Law
These Conditions shall be governed by the laws of England and Wales . Any disputes arising from these Conditions shall be subject to the non-exclusive jurisdiction of the courts of England and Wales .

Non-Acceptance of the Conditions
If these Conditions are not accepted by you / the User in full, you / the User does not have permission to access the Website and therefore should cease using the Website immediately.