CESS Website Terms & Conditions
1.1. By accessing www.cess.co.uk (the “Site”), you are agreeing to be bound by these web site Terms and Conditions of Use (“Terms and Conditions”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law. By accessing the Site, using the Services or by registering (a "Participant") regardless of your physical location, you agree that: (1) you have read these Terms and Conditions; (2) you understand these Terms and Conditions; and (3) you are bound by these Terms and Conditions in your use of the Services and the Site.
2.1. Only registered user can view listed equipment. By registering, the Participant represents, warrants and undertakes that it is or acts for a business and has given correct information about its business and contact details as requested in CESS's registration procedure and that it will notify CESS of any change in its registered details.
2.2. Participants are assigned an account name and password on registration. The Participants are responsible for all actions taken under their account name and password and shall only use the Site using their own account name and password. Participants must keep their password safe and shall not disclose it to any other person and shall not permit any other person to utilise their account details. Participants are obliged to complete those transactions that occur using their account name and password, whether such transactions are authorised by them or not.
2.3. Without limitation to any other remedies, CESS may exclude any Participant and block any registration if the Participant has breached or threatens to breach these Terms and Conditions or engages in any behaviour which CESS in its sole discretion regards as likely to have an adverse effect on the website or the reputation
3. VAT or other taxes
3.1. Any price indicated on the Site is stated exclusive of value added tax or any other applicable sales tax.
3.2. Buyers shall be responsible for paying any value added tax or other taxes which may be due on amounts owed by the buyers under these Terms and Conditions in the applicable jurisdictions at the rates prevailing at the date that their contract of sale is concluded.
3.3. If goods are exported, tax refunds or zero rating may apply.
4. Third Party Rights
4.1. A person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any term of these Terms and Conditions.
5. Data Protection
5.1. CESS shall transmit all information in connection with user registration to the other Participants in any part of the world in the form and to the extent suitable for the execution of marketing and sale. All data produced or transmitted in connection with the registration to the Website may be stored, used and transmitted as described in CESS's Data Protection Policy.
5.2. Participants also agree that they will only use such information in accordance with the CESS Data Protection Policy, applicable laws and regulations, including, without limitation, data protection and privacy laws.
6.1. Each Participant agrees to indemnify and hold CESS, its parent companies, subsidiaries and its officers, directors, agents, partners and employees (the "CESS Parties") harmless from and against any and all losses, demands, claims, damages, costs and expenses (including consequential losses or loss of profit, legal costs and expenses and value added taxes or equivalent or similar taxes thereon) and liabilities suffered or incurred directly or indirectly by the CESS Parties arising from or related to:
• the use by the Participant of the Site or the Services;
• any breach, non-performance or non-observance by the Participant of the obligations, warranties, representations and undertakings on the part of the Participant contained in these Terms and Conditions
• the Participant's breach or the Participant causing a breach by any of the CESS Parties of any legislation or law applying anywhere in the world;
• any breach of a third party's rights arising out of or in connection with any of the CESS Parties' use of any information or intellectual property in anything provided by the Participant; and
• any misrepresentation made by the Participant in connection with these Terms and Conditions in its registration;
7.1. Any notice given under these Terms and Conditions shall be in writing and in English and shall be served by hand delivering it or sending it by prepaid recorded or special delivery post or prepaid international recorded airmail to: Craigie Engineering Sales & Services, Energy House, 45 Hamnavoe, Stromness, Orkney, KW16 3JQ, United Kingdom.
7.2. Any such notice shall be deemed as been received if:
• hand delivered or sent by prepaid recorded or special delivery post or prepaid international recorded airmail, at the time of delivery;
• sent by post (other than by prepaid recorded or special delivery post) two days from the date of posting;
• sent by airmail (other than by prepaid international recorded airmail), five days from the date of posting;
7.3. Provided that if deemed receipt occurs before 9.00am on a Business Day the notice shall be deemed to have been received at 9.00am on that day, and if deemed receipt occurs after 5.00pm on a Business Day or on any day that is not a Business Day, the notice shall be deemed to have been received at 9.00am on the next Business Day. For the purpose of this clause, "Business Day" means any day which is not a Saturday and Sunday or a public holiday in SCOTLAND and reference to any time shall be to UK time.
7.4. For the avoidance of doubt, notice given by Participants to CESS under these Terms and Conditions shall not be validly served if sent by email.
7.5. However, notices to Participants by CESS may be sent to the email address provided to CESS during the registration process, receipt of which is deemed 24 hours after an email is sent, unless CESS receives notice that the email address is invalid.
8. Force Majeure
8.1. CESS will not be liable for any delay or failure to comply with its obligations under these Terms and Conditions if such delay or failure results from circumstances beyond its control.
9. Use of the Site and Services
9.1. CESS grants a limited, non-transferable licence to each Participant to access and make use of the Site for the purposes of the Participant using, or evaluating the Site and the Services in accordance with these Terms and Conditions but not to download (other than page caching) or modify the Site, or any portion of the Site. This licence expressly excludes, without limitation: any resale or commercial use of the Site and the Services; modifying, distributing, copying, republishing or making any derivative use of the Site or the Services; the collection and use of other Participants' e-mail addresses or other information or listing, or any data extraction or data mining whatsoever. Notwithstanding the provisions of this clause, the Participants shall be entitled to download documents and forms including sales brochures for their own internal use.
9.2. Participants must not use the Site or Services in any way that causes, or is likely to cause, the Site or Services to be interrupted, damaged or impaired.
9.3. Participants agree to comply with all applicable export or import control or related laws or regulations and not to violate any applicable local, state, national or international law, statute, ordinance, rule or regulation. Participants are responsible for all communications and content sent from their systems to CESS and must use the Site for lawful purposes only.
9.4. Participants must not use the Site for any of the following:
• for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
• to send, use or re-use any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of any law or third party rights; or is otherwise injurious to third parties; objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailing or spam;
• to cause annoyance, inconvenience or needless anxiety.
9.5. CESS does not guarantee continuous, uninterrupted or secure access to the Site. The Site and Services are provided "as is" and "as and when available", and, to the extent permissible by law, CESS excludes all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. CESS may change, modify, amend, suspend or discontinue any aspect of the Site or the Services at any time without notice and CESS reserves the right to impose restrictions on certain features of the Site or the Services at any time without notice.
9.6. CESS will use reasonable endeavours to limit the frequency and duration of any such suspension or restriction.
9.7. Participants must take all reasonable steps to minimise loss or damages when accessing the Site, including implementing prudent security and back-up features.
9.8. The Services and the Site may provide links to the websites or services of others, including shipping, rigging and other services ("Third Party Providers"). Links to such Third Party Providers or any explanation or statement regarding those Third Party Providers do not constitute an endorsement or guarantee by CESS of such Third Party Providers or the services, products, content, material or information presented, made available or provided by such Third Party Providers. Each Participant acknowledges and agrees that CESS is not responsible for any damages or losses caused or alleged to have been caused by the use of any services provided by any Third Party Provider or any products, content, material or information presented, made available or provided by any Third Party Provider.
10.1. CESS shall not be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for:
• any loss arising from or in connection with loss of revenue, profits, contracts or business or failure to realise anticipated savings or profits;
• any loss of goodwill or reputation; or
• any indirect or consequential losses suffered or incurred by a Participant arising out of or in connection with the use by, or the inability to use of, the Participant of the Site or the Services, or any other matter under these Terms and Conditions.
10.2. The aggregate liability of CESS in respect of any other loss or damage suffered by a Participant and arising out of or in connection with these Terms and
11.1. These Terms and Conditions may be amended at any time by CESS in its sole discretion. Such amendment will be posted on the Site and will become effective immediately. Participants are encouraged periodically to review these Terms and Conditions posted on the Site. Use of the Services and the Site constitutes acceptance of these Terms and Conditions, including any amendments.
11.2. Should any single provision of these Terms and Conditions be or become fully or partially invalid, illegal or unenforceable, the remainder of these Terms and Conditions shall continue in full force and effect.
11.3. Failure or neglect by CESS to enforce at any time any of the terms hereof will not be construed nor will it be deemed to be a waiver of CESS's rights hereunder nor in any way affect the validity of the whole or any part of these Terms and Conditions nor prejudice CESS's rights to take subsequent action.
11.4. Participants shall not without the prior written consent of CESS assign, sub-license or deal in any other manner with these Terms and Conditions or any right under these Terms and Conditions.
11.5. Participants and CESS are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms and Conditions.
12. Choice of Law and Venue
12.1. ALL DISPUTES RELATING TO THESE TERMS AND CONDITIONS BETWEEN PARTICIPANTS AND CESS SHALL BE EXCLUSIVELY GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF SCOTLAND.
12.2. PARTICIPANTS AND CESS HEREBY IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE SCOTTISH COURTS OVER ANY CLAIMS, DISPUTE OR MATTER ARISING UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THEIR ENFORCEABILITY. EACH PARTICIPANT ACKNOWLEDGES THAT CESS WOULD NOT PERMIT THE PARTICIPANT TO REGISTER AS A USER IF THE TERMS OF THIS CLAUSE 13 WERE NOT VALID, BINDING AND ENFORCEABLE.
12.3. Participants irrevocably consent to any process in any legal action or proceedings arising out of or in connection with these Terms and Conditions or its enforceability being served in accordance with the provisions of these Terms and Conditions relating to the service of notices. Nothing contained in these Terms and Conditions shall affect the right to serve process in any other manner permitted by the laws of the country in which service is to be affected.
12.4. These Terms and Conditions are drawn up in the English language. If these Terms and Conditions are translated into another language, the English language text prevails.
13.1. CESS may, in its sole discretion, terminate these Terms and Conditions with respect to a Participant (without prejudice to its other rights and remedies) and may deny access to the Services immediately without notice for any breach of these Terms and Conditions by that Participant without any liability for CESS except in case of past transactions already completed.