Terms of Use

Introduction

Seawill Group Limited ("Seawill") provides a variety of remotely hosted Internet applications for use on web sites across the Internet. These Internet applications are referred to in the rest of these terms and conditions as "Services". A person who maintains an account with Seawill is referred to as a "Member". Seawill reserves the right to amend or modify these terms and conditions at any time with or without express prior notice (although Seawill will, in so far as possible, post any changes of the terms and conditions on this Website). By using the Seawill web site and/or the Services, you irrevocably and unconditionally accept and agree to be bound by these terms and conditions.

Use of Services

No Service may be used to post, publish or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory or otherwise objectionable material of any kind, including but not limited to any material which encourages conduct that would harm Seawill's business interests, constitute a criminal offence, violate any rights (including intellectual property rights) of any third party, or otherwise violate any applicable local, state, national or international law. Seawill reserves the right, without any liability to the Member, to suspend or shut down any account that in Seawill's sole opinion violates or is imminently likely to violate any of the above restrictions on use.

In respect of most Services, Members may specify who may have access to the Service. Some access to Services by Seawill staff may be necessary to maintain systems and programs and to ensure compliance with usage guidelines. While Seawill staff will not access the Services except for these purposes, Seawill cannot guarantee absolute privacy of the Services.

Members are responsible for maintaining the confidentiality of their passwords / login IDs at all times. If a Member becomes aware of any unauthorised access to the Services by any person who uses a password / login ID without the Member's authorisation, or if the Member believes that a password / login ID has been lost or stolen, the Member will immediately notify Seawill at seawill@seawill.com.

Intellectual Property Rights

Seawill is the owner or licensee of all rights to the Seawill name and of all logos, trade marks, service marks, copyright, design rights, database rights and/or other intellectual property or proprietary rights in relation to or in connection with messages, files, data and software comprised in the Seawill web site and in the Services. Members, users of the Services and visitors to the Seawill web site are prohibited from selling, reproducing, modifying, publishing, distributing, transmitting, disassembling, decompiling, reverse engineering, storing in a retrieval system or preparing derivative works based on any part or all of such items in any form without Seawill's prior written consent. Members acknowledge and agree that their web site information (including without limitation name, URL, traffic counts, etc.) may be utilized by Seawill.

Information provided by Seawill to Members may be proprietary in nature. In consideration for Seawill providing such information to Members, Members undertake to keep such information confidential and not to disclose any of it to any third party.

Disclaimer

Seawill hereby expressly excludes all representations, warranties or responsibilities of any kind in relation to:

• any Services offered, accessed or obtained through the Seawill web site;
• the accuracy of content and the quantity, quality, safety, legality or fitness for purpose of the Services offered, accessed or obtained through the Seawill web site;
• any operation or quality of the Seawill web site and / or the Services and that the Seawill web site and / or the Services will be secure, uninterrupted and virus or error free;
• any obligation to maintain the confidentiality of information provided by Members, users of the Services or visitors to the Seawill web site (although Seawill's current practice is to maintain such confidentiality where it is reasonable or required by law to do so);
• any results to be obtained from use of the Seawill web site and / or the Services (including any obligation to maintain any data or information provided by Members to the Seawill web site); or
• any loss caused by hackers.

Further, to the fullest extent permitted by law, Seawill hereby expressly disclaims all representations, warranties or responsibilities of any kind (whether expressed or implied) in relation to or in connection with any standard of quality, merchantability or fitness for a particular purpose of the Seawill web site (including content) and / or the Services and any services offered, accessed or obtained through the Seawill web site and / or the Services.

Neither Seawill nor its affiliates control the information available through the Services. Any opinions, advice, statements, offers or other information or content presented or disseminated on any Service are those of the respective authors who are solely liable for their material and Seawill does not investigate, verify, monitor or endorse such material or any other material accessible from the Seawill website. Without prejudice to the immediately preceding sentence, Seawill and its affiliates reserve the right (but without any obligation), in their sole discretion, to edit or remove any material from any Service.

Limitation of Liability

Seawill accepts no responsibility whatsoever and shall under no circumstances be liable for any direct, indirect, incidental, special or consequential loss or damage howsoever suffered or incurred, whether arising from negligence, breach of contract, defamation or infringement of intellectual property rights, (including, without limitation, any financial loss, loss of business, profit, savings or revenue, loss of data or goodwill or loss of any equipment or software or any such loss or damage caused by viruses) arising out of or in connection with the use of, or inability to use, the Seawill web site and / or the Services and whether or not Seawill has been notified of the possibility of such loss or damage arising. Seawill accepts no responsibility for the accuracy or completeness of the Seawill web site, content and / or the Services.