Please read these Terms carefully before you use the Site. These Terms significantly alter your legal rights, remedies and obligations. Sections 11 and 12 in particular contain important limitations on and exclusions of our liability to you.
Welcome to the Robert Allan Ltd. web site! This web site (“Site”) is owned and operated by Robert Allan Ltd., and we provide the Site subject to the following terms and conditions (“Terms”). Your access and use of the Site constitutes your acceptance of these Terms. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE THE SITE.
In these Terms, “we” or “us” or “our” refers to Robert Allan Ltd. and its affiliates and subsidiaries alone, and never refer to the combination of you and Robert Allan Ltd.
1. Terms May Change
We may change the Terms on occasion without notice, and you should revisit the Site periodically to review the then-current Terms. Revised Terms are effective once posted on or accessible from the Site.
Your access to and use of the Site is subject exclusively to these Terms. You will not use the Site for any purpose that is unlawful or prohibited by these Terms. By using the Site, you are fully accepting the terms, conditions and disclaimers contained in these Terms.
3. Security and Viruses
We have implemented reasonable technology and security features, as well as internal guidelines, to safeguard the privacy of your personal information from unauthorised access or improper use.
While we make every effort to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk and your use of our Site demonstrates your assumption of this risk.
We have taken steps to ensure that the Site is free of computer viruses and other harmful components. Nevertheless, you should install and maintain appropriate anti-virus and other protective software on the devices from which you access and use the Site. Without limiting any other part of these Terms, we disclaim all liability for any computer viruses or other harmful or destructive programs that you may download from the Site.
We respect your personal privacy. You may use the Site without providing any personal information about yourself other than such personal information as you may specifically and knowingly provide. If we ask you to provide any personal information, we will tell you the purposes for which we intend to use that information. We will not collect, use, or disclose that information without your consent, and we will not use or disclose that information for any other purposes without your consent.
We may collect and maintain statistics relating to the number of visits to the Site, the types of browsers used to access the Site, the Internet Protocol addresses of computers accessing the Site, and similar information. This information is only used for internal purposes.
5. Account and Services
You can simply view the Site and not use any Services (as defined below) on the Site. You need not register with Robert Allan Ltd. to simply visit and view the Site.
However, in order to access certain password-restricted areas of the Site and to use certain services available only to registered users (“Services”) offered on and through the Site, you must register with Robert Allan Ltd. for an account (“Account”). If you register an Account then these additional terms apply to you:
- As part of the registration process, you will receive or select a user name and password (“Password”). You must provide Robert Allan Ltd. with accurate, complete, and updated information when establishing and updating your Account.
- You are solely responsible for maintaining the confidentiality and security of your Password. Robert Allan Ltd. will never ask you for your Password. You will notify us of any known or suspected unauthorized use of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your Password.
- You are solely responsible and liable for all activity conducted through your Account (whether authorized by you or not), and for maintaining your Account in good standing. Robert Allan Ltd. will not be liable for any loss or damage arising from the unauthorized use of your Account. However, you may be liable for our losses or the losses of others due to such unauthorized use.
- Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at the sole discretion of Robert Allan Ltd., and you may be reported to appropriate law enforcement agencies.
6. Proprietary Rights
This Site, its organization and design, and all information, images, artwork, text, video, audio, pictures and other material on the Site (collectively the “Content”) are protected by copyright and other proprietary rights, all of which we own or have the right to use.
You may download information from the Site for your personal use or for your business purposes in association with Robert Allan Ltd. (and subject to any other agreements you may have with Robert Allan Ltd.), but you may not otherwise copy, reproduce, republish, post, transmit, display, frame in another web page, perform, distribute, modify or create derivative works from the Content without our prior written consent and approval.
You do not acquire ownership rights to any Content by accessing or using the Site, and our posting of Content on the Site is not a waiver of any right in or to that Content.
7. Content is not Advice
The Content is provided solely for educational purposes and does not constitute advice. You should not rely on any of the Content without first confirming its accuracy and truthfulness and getting advice from a qualified professional. Robert Allan Ltd. does not accept any responsibility for any decisions that you make based on any Content.
Robert Allan Ltd. operates from British Columbia, Canada, and makes no representation that the Site or the Content are appropriate or available for use in any particular jurisdiction. Unless otherwise specified, the Content is presented solely for the purpose of education in Canada. Robert Allan Ltd. makes no representation that the Content is appropriate or available for use in other locations. Those who access the Site or the Content from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
We own our name, logo, and all of our other trade-marks and trade names appearing on the Site. Unless otherwise indicated, all other trade-marks appearing on the Site or on Products are owned by third parties (such as our clients) and are used with permission.
Any sites that are linked to from our Site are not under our control, and you access them at your own risk. We do not assume any responsibility or liability for these linked sites or their contents. We provide all such links for your convenience only; they are not an endorsement or referral by us.
You may not use any of our icons or logos on your web site without our prior written approval, and you may not use the link to suggest that we sponsor, endorse, approve of or are affiliated in any way with you or your web site.
We may add new features to the Site or Services, remove existing features from the Site or Services, or otherwise modify the Site, Services and the Content (including their functionality, “look-and-feel”, universal resource locators and software components), all without notice to you.
11. Events Outside our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (a “Force Majeure Event”).
Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring end the Force Majeure Event or to find a solution by which our obligations may be performed despite the Force Majeure Event.
12. General Feedback
If you send any communications, comments, questions, suggestions, or related materials to Robert Allan Ltd. by any method of communication suggesting or recommending changes to the Site, any Services offered through the Site, or Content (“Feedback”) then:
- all such Feedback is not, and will not be treated as, your confidential or proprietary information or property;
- Robert Allan Ltd. is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback for any purpose whatsoever; and
- you understand and agree that Robert Allan Ltd. is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel us to do so.
13. RAdius Feedback
The Site also contains the RAdius feedback function, which allows clients and crews on the vessels we design to provide feedback about what they like (or don’t like!) about our vessel designs (“RAdius Feedback”). If you provide RAdius Feedback then:
- your RAdius Feedback is not, and will not be treated as, your confidential or proprietary information or property; however, we will keep your identity and the fact you that you have provided RAdius Feedback confidential (other than with respect to our personnel who have a business need to know that information);
- your RAdius Feedback will automatically become Robert Allan Ltd.’s property upon receipt, without any compensation to you;
- we will have no obligation to respond to you in any way
- Robert Allan Ltd. is free to use, modify, incorporate into its products and services, commercialize, sell, distribute, license and sub-license your RAdius Feedback for any purpose whatsoever, all without any attribution or compensation to you; and
- you understand and agree that Robert Allan Ltd. is not obligated to use, display, reproduce, or distribute any ideas, know-how, concepts, or techniques contained in the RAdius Feedback, and you have no right to compel us to do so.
EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, This Site, THE Content and SERVICES are provided “as is” and “as available” and without representations or warranties of any kind, whether express, implied or statutory.
To the fullest extent permissible by applicable law, ROBERT ALLAN LTD. disclaims all representation and warranties, whether express, implied or statutory (including any warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement). ROBERT ALLAN LTD. does not represent or warrant that THE SERVICES OR functions contained in OR PROVIDED THROUGH the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components.
The information and Content contained on the Site ARE prepared by ROBERT ALLAN LTD. and ARE believed to be accurate, but ARE provided for informational purposes only. ROBERT ALLAN LTD. does not warrant or make any representations regarding the use or the results of the use of any Content in terms of completeness, correctness, accuracy, reliability, usefulness, timeliness, reliability or otherwise.
You acknowledge that your access to and use of the Site, tHE SERVICES and the Content will not be free of interruptions, that the Site, THE SERVICES and the Content may contain bugs, errors, inaccuracies or other limitations, and that the Site AND SERVICES may be unavailable from time to time. You assume total responsibility and risk for your access to and use of the Site and the Content.
15. Limitation of Liability and Release
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, ROBERT ALLAN LTD. and its officers, directors, employees and representatives will not be liable to you or any other party for any damages of any kind, including indirect, special, consequential or incidental damages, lost profits, lost data, business interruption or other damages arising directly or indirectly from your use of (or your inability to use) the Site, THE SERVICES or the Content, including your use or reliance on any information or other Content contained on the Site OR SERVICES; any inaccuracy or omission in any information or other Content OR SERVICES contained on OR PROVIDED THROUGH the Site, OR your use of or reliance on any third-party websites linked to the Site.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, You release ROBERT ALLAN LTD. and its officers, directors, employees and representatives from all claims, actions, liabilities and damages of any kind relating to or arising from your access to and use of (or your inability to access and use) the Site, THE SERVICES or the Content.If, despite the limitations set out above, ROBERT ALLAN LTD. becomes liable to you resulting from your access to and use of (or your inability to access and use) the Site, THE SERVICES or the Content under these Terms, that liability will be limited to the LESSER OF: (i) YOUR DIRECT DAMAGES; or (ii) CAD$50.
16. Prohibited Activities
You will not use the Site or Services for any purpose that is unlawful or prohibited by these Terms.
In addition to, and without limiting, any other prohibitions set out in these Terms, you may not do any of the following when accessing or using the Site or Services:
- use the Site or Services in any manner that could damage, disable, overburden, or impair the Site or the Services or interfere with any other party’s use and enjoyment of the Site or the Services;
- engage in harassment in any manner, including via e-mail, chat, or by use of obscene, offensive or abusive language (as determined by us in our sole discretion);
- impersonate others, including a Robert Allan Ltd. employee or representative, or other members or visitors to the Site;
- upload, distribute or otherwise publish any content that is defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that may constitute or encourage a criminal offence, violate the rights of any party or that may otherwise give rise to liability or violate any law;
- Use any robot, spider, scraper or other automated means to access the Site;
- upload any commercial content or solicit others to join or become members of any other online service or other organization.
You agree to indemnify and hold harmless Robert Allan Ltd. and its directors, officers, shareholders, employees and representatives from and against all losses, expenses, damages and costs (including actual legal expenses as billed) resulting directly or indirectly from any violation of these Terms or any activity of yours related to the Site or the Services.
18. Other Agreements
If there is any conflict between these Terms and any other agreement between you or your business and Robert Allan Ltd., the latter agreements will prevail.
19. Choice of Law Jurisdiction
Except where prohibited by law, these Terms, your access to and use of the Site, the Services and the Content, and any claims made against Robert Allan Ltd. or its directors, officers, employees and representatives, arising out of such access or use or otherwise, will be governed by and construed and interpreted in accordance with British Columbia laws, without reference to British Columbia’s conflict of law rules.
Except where prohibited by law, you agree that exclusive jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Site or the Services will be in the British Columbia courts sitting in Vancouver, British Columbia.
The UN Convention on Contracts for the International Sale of Goods will not apply to these Terms.
If any part of these Terms is unlawful, void or unenforceable, then that part is severable and will not affect the validity and enforceability of the remaining Terms. No delay or failure to act by Robert Allan Ltd. will impair any of Robert Allan Ltd.’s rights or remedies that are not expressly waived in writing. Robert Allan Ltd. will not be liable for any delay or damage caused as a result of any event beyond its reasonable control.
The parties have expressly agreed that this agreement and also ancillary agreements, documents or notices related thereto be drafted solely only in English. Les parties aux présentes ont expressément convenus que cet accord et tout autre convention, documents soit rédigé en anglais seulement.
22. Contact Information
For any further information, please contact us.