This site is owned and operated by Industrial Marine Power Limited (“IMPLTD"). Please read these Terms of Use carefully, they are the terms of use for this site.
1. User obligations
Use of this site constitutes your acknowledgement and acceptance of these Terms of Use, which take effect on the date on which you first use the site. You must be aged 18 or over to use this site. If you are registering with IMPLTD as a business entity you represent that you have authority to legally bind that entity. By accessing, using and/or downloading materials from this site, you agree on your own behalf and on behalf of each entity and person on whose behalf you act to abide by the Terms of Use set forth below. IMPLTD reserves the right to change these Terms of Use at any time by posting changes online and it is your responsibility to refer to and comply with these terms on accessing the site. Your continued use of this site after changes are posted constitutes your acceptance of these Terms of Use as modified.
If these Terms of Use are not accepted by you, you do not have permission to access the contents of this site and therefore should cease using this site immediately. If there is any conflict between these Terms of Use and any other specific rules and/or specific terms of use appearing on this site relating to specific material, then the latter shall prevail.
2. Copyright and Other Intellectual Property
IMPLTD, IMPLTD associated companies or third parties are the owners of all proprietary rights in relation to the site or any content located on the site. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any such proprietary rights of IMPLTD, its associated companies or any other third party, except as strictly required to use this website in accordance with these Terms of Use. Whilst we grant you a licence to download for your own business use any detail relevant to your service search or sales efforts, you may not re-sell these to any other third party, or post them on any other website without first obtaining express permission from us. Any infringement of this licence may result in your licence to use our services being terminated or suspended.
All copyright, trade marks and other intellectual property rights in this site (including the design, arrangement and look and feel) and all material or content supplied as part of the site shall remain at all times the property of IMPLTD or IMPLTD’s licensors. You may not otherwise download any material from this site or agree to, permit or assist in any way any third party to copy, reproduce, download, post, store (including in any other web site), distribute, transmit, broadcast, commercially exploit or modify in any way the material or content of this site without IMPLTD’s prior written permission.
3. Data posting/Personal data
Please note that any information, content or data, including personal data, you transmit or post on this site will be regarded as non-confidential. Subject always to the requirements of the Data Protection Act and our Privacy Policy, this information may be used by IMPLTD for any purpose including, but not limited to, reproduction, disclosure to third parties, broadcasting, transmission, posting or otherwise at IMPLTD’s absolute discretion. By posting or transmitting any information, content or data to this site, you hereby agree that IMPLTD shall have a perpetual, irrevocable royalty-free licence to use all such data in this way throughout the world. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.
For the convenience of our members, we may offer lists, images, catalogues, descriptions and product specifications, which are provided by other third-parties (including IMPLTD members and users). You may use this content solely in accordance with these Terms of Use.
If we receive complaints about the accuracy of data displayed we may investigate such claims, and reserve the right to remove any or all of your listings (as the case may be) without further notice, and without refunding any fees. It is also your responsibility to ensure that you have checked the validity and accuracy of any part or service data that you have downloaded from our site. While we try to offer reliable data, we cannot promise that the lists, images, catalogues, descriptions and product specifications, will always be accurate and up-to-date, and you agree that you will not hold us responsible for inaccuracies in the lists, images, catalogues, descriptions and product specifications. If you choose to include such information in your listings, you continue to be responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with these Terms of Use and all IMPLTD policies.
If you do not agree to such use of data and personal data, you must not use this site or register as a member.
4. Using information about other IMPLTD users
Our site and services enable users to share information in order to complete transactions. When users are involved in a transaction, they may obtain access to each other\'s name, user ID, email address, and other contact information, postal information and financial information. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users\' privacy and disclose your privacy and security policies to them. By law, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.
You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:
5. Acceptable use
The use of this site is only for lawful purposes, in a manner which does not infringe the rights of or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is defamatory, obscene or offensive or which may harass, cause distress or inconvenience to any person or interrupt the normal flow of dialogue within this site. IMPLTD shall have absolute discretion in determining whether any particular conduct or content is prohibited under the Terms of Use.
You warrant that your use of the site will comply with our Terms of Use and you agree to indemnify us for any loss suffered by us as a result of your breaching the Terms of Use.
You must not knowingly or recklessly introduce to our site any viruses, trojans, worms, logic bombs or any similar material which is malicious or technologically harmful. We will not be liable for any loss or damage suffered by you as a result of any viruses, trojans, worms, logic bombs or any similar material or by any denial of service attacks.
If you are provided with a user identification code or anything similar as part of our security code, you must treat that informtion as strictly confidential and not disclose it to any third party. We reserve the right to disable any such user identification code if we believe that you have breached any of the Terms of Use. We reserve the right to restrict access to some or all parts of our site to registered users.
We reserve the right to vary the content and services available from the site.
6. Third Party Sites / Links
IMPLTD is not responsible for the availability or content of any third party websites or material you access through this site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
IMPLTD does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third party websites or material (including payment for and delivery of such products or services). IMPLTD is not responsible for any damage, loss or offence caused by or, in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant third party provider of the service.
If you wish to link your site (or any other third party site) to us, please contact us in writing, at our trading address (e-mail info@industrialmarinepower.com) and we will assess the suggested link and may approve the link to our site depending on its suitability to our business.
Links to this site may be permitted, provided that they are to the home page only and do not damage our reputation in any way and are otherwise fair and legal. In addition, any link must not be viewed within the pages of any other site. IMPLTD disclaims all legal liability for any consequences (including for infringement of third party rights) arising from links made to this site. No link should suggest any form of association or approval where none exists.
Links do not imply that IMPLTD endorses, is affiliated to or associated with any linked site, or is legally authorised to use any content displayed in or accessible through the links, or that any linked site is authorised to use any proprietary right of IMPLTD or any of its affiliates or subsidiaries.
7. Disclaimer/Limitation of Liability
The information and other materials included on this site may contain inaccuracies and typographical errors. IMPLTD does not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information displayed or distributed through the site. You acknowledge that any reliance on any such statement or information shall be at your sole risk. IMPLTD reserves the right, in its sole discretion, to correct any errors or omissions in any part of the site and to make changes to the site and to the materials, products, programs and services at any time without notice.
We do not review users’ listings or content and are not involved in the actual transaction between buyers and sellers. We have no control over and do not warrant or guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the truth or accuracy of feedback or other content posted by users on our site, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item. At no point is IMPLTD a party to the sale and purchase transactions between buyers and sellers and any remedies are purely between the transacting parties.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on our site.
IMPLTD is not responsible for any damage, loss or offence caused by or, in connection with, any content, advertising, products, services or information available on the site. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant third party as buyer or seller of the goods. In no event will IMPLTD and/or third parties be liable for any indirect or consequential damages or for any damages for loss of data, loss of profits, loss of income whether in an action of contract, negligence or any other action, arising out of or in connection with your use of the site. In the event of any direct loss suffered by you, IMPLTD total legal liability to you shall not exceed the total of any sums payable by you to IMPLTD in the preceding 12 months.
These exclusions and limitations do not apply to death or personal injury or fraud caused by IMPLTD’s negligence and only apply to the extent permitted by law. IMPLTD does not warrant that the functions contained in this site will be uninterrupted or error free or that defects will be corrected or that this site or the server that makes it available are free of viruses or bugs. IMPLTD does not represent the full functionality, accuracy or reliability of any material. IMPLTD may terminate, change, suspend or discontinue any aspect of this site, including the availability of any features of the site, at any time without notice or liability. IMPLTD does not accept any legal liability arising from reliance placed on any materials, advice or commentaries from third parties which is available from this site. You should seek professional advice wherever necessary.
8. Indemnity
You agree to indemnify and keep indemnified IMPLTD from and against all claims, damages, expenses, costs and liabilities arising in any manner from your breach of these Terms of Use.
9. Law and jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of England. Disputes arising herefrom shall be exclusively subject to the jurisdiction of the courts of England and your use of the site confirms your agreement to this jurisdiction. Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises.
If any of these Terms of Use is determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms of Use are intended to be effective, then to the extent to which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining Terms of Use shall survive and continue to be binding and enforceable.
IMPLTD makes no representation that materials on this site are appropriate or available or legal for use outside of the United Kingdom. If you access this site from a location outside of the United Kingdom, you are responsible for compliance with all local laws.
10. Payment
Industrial Marine Power is a subscription based service. We take instant payment via our banks secure credit/debit card service. We do not see or retain your credit card details. You may also pay via our PayPal account (paypal@industrialmarinepower.com). Suitably assessed and qualified Companies may be eligible for monthly account terms and will be required to sign a Direct Debit Mandate. If you would like to set this up please submit your last two years audited accounts and a list of Company Officers, including their home addresses to: paypal@industrialmarinepower.com
11. Contact details
If you have any comments or concerns about our site, please contact us:
Industrial Marine Power Limited
New York, NY 10012, US
[+1] 954 933 85 01
Email: info@industrialmarinepower.com
© 2009 IMPLTD Limited
See also our Terms Of Use