Terms and Conditions

Lloyd's List Intelligence (formerly Lloyd’s Maritime Intelligence Unit): Issued 22nd May 2006

Please read these terms and conditions carefully. They contain important information about your rights and obligations.

We draw your attention to clause 9 in particular.

  1. This Agreement sets out the terms upon which Lloyd's MIU, a trading division of Informa UK Limited ("Informa", "our", "we" or "us"), will provide you with information, reports, opinions, credit ratings and/or any other related service (the "Reports"). By clicking on the "I Accept" button at the bottom of these terms and conditions, you agree to be legally bound by this Agreement. If you do not wish to be bound by this Agreement then you may not purchase our Reports.
  2. If you are a member of a group of commonly controlled companies and wish to commission Reports on behalf of other group members, we can normally accept this if you write to us, name each such company, note your relationship with them, and confirm that you have made them aware of these terms and accept responsibility for their adherence to them. Subject to our written acceptance, all references to "you", "your" etc. in this Agreement will cover all such named companies for as long as your relationship to them remains unchanged.
  3. All Reports provided by us to you are supplied in good faith and are solely for your own use. All Reports must be treated on a confidential basis by you and should not be used other than for your own internal business research purposes. We appreciate that you may need to make copies of the Reports for your internal business research purposes, but do restrict the number of copies to the minimum practicable and you must keep a record of all such copies. If we have reason to believe that there has been a breach of our terms of business, you will at our request provide us with a copy of that record for inspection.
  4. All Reports ordered by you will be requested in good faith and for the normal and routine conduct of your business. You must notify us in advance if you require a Report for any other reason. We reserve the right at any time to decline to proceed with the preparation of any Report.
  5. All Reports are provided to you on the strict understanding that they are not to be disclosed to any third party except under compulsion of court order or similar valid legal process (in which case you must advise us as soon as possible). In certain circumstances, we may be prepared to agree to copies of Reports or to material contained within Reports being shown to third parties, but such consent must be obtained in advance and should be sought and confirmed in writing. Lloyd's List Intelligence reserves the right to refuse consent or attach conditions to such disclosure.
  6. All Reports are provided to you on the strict understanding that they are not to be disclosed to any third party except under compulsion of court order or similar valid legal process (in which case you must advise us as soon as possible). In certain circumstances, we may be prepared to agree to copies of Reports or to material contained within Reports being shown to third parties, but such consent must be obtained in advance and should be sought and confirmed in writing. We reserve the right (in our absolute discretion) to refuse consent or to attach conditions to any such disclosure.
  7. Our fees and expenses are payable within 30 days of the date of invoice and are additionally subject to Value Added Tax where appropriate. Any bank charges incurred by us in connection with your payment of our fees will be for your account. Without prejudice to any other rights and/or remedies available to us, we reserve the right to charge interest on outstanding accounts at 4% per annum above our banker's base rate (from time to time) from the date of invoice to the date payment is made in full. We may agree specific fee and payment arrangements with you. If not, our fees and remuneration are normally calculated by one of three methods:
    • Prepayment: You pay an agreed amount in advance and in return you are entitled to receive an agreed number of Reports or hours of consultancy or retainer work over the agreed period.
    • Fixed fee: By a set fee according to our published price list as current from time to time or as otherwise agreed for the supply of Reports and other services. The invoice will be rendered on submission of the Report, or on the basis of agreed stage payments.
    • Time: By an hourly rate according to our published price list as current from time to time or as notified to you before we commence work. Fee rates are subject to periodic review, and we reserve the right to charge a premium for work conducted on an expedited or urgent basis or outside our normal office hours. Invoices will normally be rendered on submission of Reports or, where a particular commission lasts more than one month, on a monthly basis or in line with agreed stage payments. We may invoice you for disbursements and expenses necessarily incurred by us where this is stated in our quotation.
  8. The contents of the Reports are protected by international copyright laws, database rights and other intellectual property rights. The owner of these rights is Informa, our affiliates or other third party licensors. All product and company names and logos contained within the Reports are the trade marks, service marks or trading names of their respective owners, including us.
  9. We will use our reasonable endeavours to ensure the accuracy of the Reports and exercise reasonable care and skill in their preparation. However, in commissioning Reports you acknowledge that the time and research involved will be appropriate to the fees charged and also that it is not possible for us to guarantee the accuracy of the Reports for a number of reasons e.g. we will not have access to all information which may be required to produce a full and definitive Report, since some information may be unpublished or confidential to a third party; the timescale for preparing Reports may limit the sources we can access; and the markets which we cover are very volatile. Also, any appraisal, projections or predictions by us are not to be regarded, as definite representations as to the present position or as firm forecasts but rather as estimates made in good faith or opinions of what might happen. Accordingly, Reports are not to be relied on in substitution for the exercise of judgment by you or as the sole basis for granting credit to a third party or for any other commercial action on your part, and we will not have any liability for any loss or damage whatsoever sustained by you as a result of using or relying on a Report. In any event, please note that:
    • all Reports are provided on an "as is" basis and you assume total responsibility and risk for your use of any Reports;
    • we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of the Reports, we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of Informa or our servants, agents or any other person or entity;
    • if we are liable to you for any reason, our liability will be limited to the amount paid by you for the relevant Report (but this limit does not apply to any liability we may have for death or personal injury resulting from our negligence or from our fraudulent misrepresentation).
  10. You confirm that, where you yourself are referred to in or are the subject of a Report which you have commissioned, you will not bring any claim against us or any third party in connection with the provision or contents of the Report.
  11. We will use our reasonable endeavours to meet any timescale agreed with you for delivery of Reports, but you acknowledge that such timescales are only our best estimates and that it may not always be possible to meet them.
  12. You agree to indemnify us and/or our employees against any claims, losses or liabilities incurred by us and/or our employees arising in connection with the Reports where the same would not have arisen if you had complied with the provision of this Agreement, including (without limitation) clauses 3, 4 and 5.
  13. This Agreement will not be varied and none of its provision be treated as waived unless such variation or waiver is in writing and signed by an authorised representative of Informa.
  14. References in this Agreement to “Report” or “Reports” mean not only the whole Report but also each and every part of a Report. Also, these terms apply whether Reports are supplied orally or in writing, by facsimile or computer or electronic transmission or in any other medium or format.
  15. Failure or delay by either party in enforcing an obligation or exercising a right under this Agreement does not constitute a waiver of that right or remedy.
  16. You may not assign, transfer or sub-licence any of your rights under this Agreement.
  17. This Agreement together with the related purchase order form and payment method instructions, if any, are the whole agreement between you and Informa. You acknowledge that you have not entered into this Agreement in reliance upon any statement, warranty or representation made by Informa or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind this Agreement by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in these terms and conditions or purchase order form and payment method instructions.
  18. If any provision or term of this Agreement shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and shall be deleted from them.
  19. Except in respect of a payment obligation, neither you nor Informa will be held liable for any failure to perform any obligation to the other due to causes beyond your or Informa’s respective reasonable control.
  20. These Terms do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
  21. This Agreement is governed by English law and any dispute arising under it shall be referred to the exclusive jurisdiction of the English courts.