1. Definitions
In these Terms of Service, the following definitions apply:
- ArbourShipping, we, our, us: The operator of the website made available at arbourshipping.com and its subdomains.
- Site: The website made available at arbourshipping.com, including all pages, content, features, and services accessible therefrom.
- User, you, your: Any person or entity that accesses or uses the Site.
- Content: Any text, images, graphics, audio, video, software, data compilations, trade marks, logos, trade names, and other materials or works displayed on or made available through the Site.
- User Content: Any information or material you submit, upload, post, transmit, or otherwise make available via the Site, including enquiries, forms, messages, feedback, or reviews.
- Services: Any information, tools, calculators, quotations, requests for quotation, contact forms, newsletters, or other functionalities offered via the Site. Any freight forwarding, logistics, customs brokerage, warehousing, insurance, or related services are subject to separate written agreements and terms.
2. Acceptance of These Terms
By accessing or using the Site, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service. If you do not agree, you must not use the Site. If you access or use the Site on behalf of a company or other legal entity, you represent and warrant that you are authorized to accept these Terms on its behalf and bind it to these Terms.
3. Changes to These Terms
We may modify these Terms at any time to reflect changes to the Site, our practices, or applicable law. Any changes will be effective when posted on the Site with an updated effective date. Your continued use of the Site after the effective date constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Site.
4. Use of the Site
4.1 Eligibility
You must be at least 18 years old and have the legal capacity to enter into contracts to use the Site. If you use the Site on behalf of a business, you affirm you have authority to bind that business.
4.2 Permitted Use
You may view and use the Site solely for lawful purposes and for your internal, informational, and non-commercial use in connection with evaluating or engaging our Services.
4.3 Prohibited Conduct
You must not:
- Use the Site in violation of any applicable law, regulation, or export control requirement.
- Copy, reproduce, distribute, publicly display, publicly perform, modify, create derivative works of, or otherwise exploit the Site or Content, except as expressly permitted in these Terms.
- Access, scrape, harvest, or index the Site or Content using any robot, spider, crawler, script, scraper, data mining tools, or other automated means without our prior written consent.
- Introduce viruses, malware, ransomware, spyware, or other harmful code; attempt to probe, scan, or test the vulnerability of the Site or any related system or network; or attempt to circumvent any security or authentication measures.
- Interfere with, disrupt, or impose an unreasonable load on the Site or related infrastructure.
- Misrepresent your identity or affiliation or submit false, misleading, or incomplete information.
- Infringe or violate the intellectual property, privacy, or other rights of any person or entity.
4.4 Accounts and Security
Where the Site enables account creation, you must provide accurate, current, and complete information and keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activities under your account. You must promptly notify us of any suspected unauthorized access or security breach. We may suspend or terminate access if we believe these Terms have been violated or account security is compromised.
4.5 Third-Party Links and Services
The Site may reference or link to third-party websites, tools, or services. We do not control and are not responsible for third-party content, products, services, or practices. Your use of third-party resources is at your own risk and may be subject to separate terms and policies.
4.6 Availability
We aim to keep the Site available but do not guarantee continuous, uninterrupted, or error-free operation. We may change, suspend, or discontinue any part of the Site at any time without notice. We are not liable for any unavailability or modifications.
5. Intellectual Property
5.1 Ownership
The Site and all Content are owned by ArbourShipping or its licensors and are protected by copyright, trade mark, and other intellectual property laws. All rights not expressly granted are reserved.
5.2 Limited Licence
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Site and view the Content for your internal business or personal informational purposes. Any other use is prohibited without our prior written consent.
5.3 Trade Marks
ArbourShipping names, logos, and trade marks are trade marks or registered trade marks of ArbourShipping or its licensors. You may not use them without our prior written permission.
5.4 User Content
You are solely responsible for your User Content and for ensuring that it is accurate, lawful, and does not infringe any rights. By submitting User Content, you grant ArbourShipping a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use, reproduce, distribute, display, perform, and create derivative works of your User Content solely for the purposes of operating, improving, and promoting the Site and Services and responding to your enquiries. You represent and warrant that you have all rights necessary to grant this licence.
5.5 Feedback
If you provide ideas, suggestions, or feedback regarding the Site or Services, you grant us a worldwide, perpetual, irrevocable, royalty-free right to use and exploit such feedback without restriction or obligation to you.
6. Information, Quotes, and Services
- Information on the Site is provided for general informational purposes only. While we aim for accuracy, we do not warrant that Content is complete, current, or free from errors.
- Any estimates, calculators, transit times, routes, availability data, or quotes displayed or provided through the Site are indicative only and do not constitute a binding offer. Binding rates, terms, capacities, and transit commitments are provided only in a formal written quotation or contract executed by ArbourShipping.
- Any logistics, freight, transport, customs, insurance, warehousing, or related services are supplied under separate written terms and conditions. In the event of inconsistency between these Terms and those service-specific terms, the latter prevail for the relevant services.
- You are responsible for ensuring that any goods and transactions comply with all applicable laws, including export controls, sanctions, customs, tax, safety, and hazardous materials regulations. You must provide accurate and complete documentation when requested.
7. Disclaimers
The Site and Content are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, representations, and conditions, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the Site will be uninterrupted, secure, or free from errors, defects, or harmful components, or that Content will be accurate or complete.
If you are a consumer, nothing in these Terms affects any non-excludable statutory rights to which you are entitled.
8. Limitation of Liability
To the fullest extent permitted by law, ArbourShipping and its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages; loss of profits, revenue, goodwill, or data; business interruption; or cost of substitute services, in each case arising out of or related to your use of or inability to use the Site, regardless of the legal theory and even if advised of the possibility of such damages.
To the extent permitted by law, our aggregate liability arising out of or related to the Site will be limited to direct damages caused solely by our material breach of these Terms or our negligence. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.
If you are a business user, you acknowledge that the Site is provided without charge and that the exclusions and limitations in this section are reasonable and reflect the allocation of risk.
9. Indemnity
You agree to defend, indemnify, and hold harmless ArbourShipping and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your breach of these Terms; (b) your User Content; (c) your violation of any law or third-party rights; or (d) your misuse of the Site.
10. Personal Data and Cookies
ArbourShipping acts as the data controller for personal data processed via the Site. We process personal data that you provide (for example, contact details and enquiry information) and data collected automatically (for example, device identifiers, IP address, and usage data) for purposes including providing and improving the Site and Services, responding to enquiries, carrying out analytics, preventing fraud and abuse, complying with legal obligations, and, where permitted, sending you marketing communications. The legal bases we rely on include performance of a contract or pre-contractual steps, our legitimate interests in operating and securing the Site and Services, compliance with legal obligations, and your consent where required.
We may share personal data with service providers who act on our instructions, with professional advisers, and with authorities where required by law. We implement reasonable technical and organizational measures to protect personal data. Data may be processed outside your country, including in jurisdictions that may not provide the same level of data protection as your home jurisdiction; where required, appropriate safeguards are applied.
Subject to applicable law, you may have rights to access, rectify, erase, restrict, or object to processing of your personal data, to data portability, and to withdraw consent at any time without affecting the lawfulness of processing before withdrawal. You also have the right to lodge a complaint with a supervisory authority, including the Information Commissioner’s Office in the United Kingdom. To exercise your rights or ask questions about our data practices, contact us using the contact details published on the Site. You can opt out of marketing communications by using the unsubscribe mechanism in the message.
The Site may use cookies and similar technologies for functionality, analytics, and, where applicable, marketing. You can manage your browser settings to refuse or delete cookies, though some features of the Site may not function properly without them.
11. Termination and Suspension
We may suspend or terminate your access to the Site at any time, with or without notice, if we believe you have violated these Terms or if required by law or for security reasons. Upon termination, all rights granted to you under these Terms will cease, but the following provisions will survive: 5 (Intellectual Property), 7 (Disclaimers), 8 (Limitation of Liability), 9 (Indemnity), 12 (Governing Law and Jurisdiction), and 13 (General).
12. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction to settle any such dispute or claim. If you are a consumer resident outside England and Wales, you may also have the right to bring proceedings in your local courts, and you may benefit from mandatory consumer protection laws of your country of residence.
13. General
- Entire Agreement: These Terms constitute the entire agreement between you and ArbourShipping regarding the Site and supersede all prior or contemporaneous understandings.
- Severability: If any provision of these Terms is found invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
- No Waiver: Failure to enforce any provision of these Terms is not a waiver of that provision or any other provision.
- Assignment: You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations without restriction, including in connection with a merger, acquisition, or sale of assets.
- Force Majeure: We are not liable for any delay or failure to perform due to events beyond our reasonable control, including acts of God, extreme weather, war, terrorism, civil disorder, labour disputes, epidemics, failures of utilities or telecommunications, or governmental action.
- Notices: We may provide notices by posting on the Site or by email or other reasonable means. You should direct notices and enquiries to us using the contact details published on the Site.
- Interpretation: Headings are for convenience only and do not affect interpretation. References to including or include mean including without limitation.
14. Acceptance
By accessing or using the Site, you confirm that you have read and agree to these Terms of Service and that you will comply with all applicable laws and regulations in connection with your use of the Site and our Services.