Terms & Conditions

Your attention is particularly drawn to the provisions of clause 12 (Limitation of liability).
  1. About us
    1. Company details. International Chamber of Shipping Limited and Marisec Ltd (“Marisec”) (company numbers 02532887 and 2550582) (we and us) are companies registered in England and Wales and our registered office is at Walsingham House, 35 Seething Lane, London, England, EC3N 4AH. Our VAT number is 564501942. We operate the website www.ics-shipping.org/academy.
    2. Contacting us. To contact us, telephone our customer service team at +4420 7090 1460 or email us at [email protected]. How to give us formal notice of any matter under the Contract is set out in clause 16.2.
  2. Our contract with you
    1. Our contract. These terms and conditions (Terms) apply to the order by you and supply of the training services and content from time to time, as made available through the Platform, by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
    2. Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
    3. Language. These Terms and the Contract are made only in the English language.
    4. Your copy. You should print off a copy of these Terms or save them to your computer for future reference.
  3. Placing an order and its acceptance
    1. Placing your order. Please follow the onscreen prompts to place your order. You may only submit an order using the method set out on the site. Each order is an offer by you to purchase access for a specified number of users (Authorised Users) for the ICS Academy Online Training Platform (Platform), which provides training services and content as made available by us, subject to these Terms. By submitting an order you agree that the order is subject to these Terms.
    2. Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
    3. Acknowledging receipt of your order. After you place your order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4.
    4. Accepting your order. Our acceptance of your order takes place when we send an email to you to accept it (Order Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to the provision of the Platform.
    5. If we cannot accept your order. If we are unable to supply access to the Platform for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Platform, we will refund you the full amount.
  4. Cancelling your order and obtaining a refund
    1. To cancel the Contract, you must email us at: [email protected] or by calling our Customer Services team on +44 207 090 1460 If you are emailing us, please include details of your order to help us to identify it. If you send us your cancellation notice by email, then your cancellation is effective from the date you send us the email.
    2. If you cancel the Contract, we will refund you in full for the price you paid for the Platform, by the method you used for payment. We may deduct from any refund an amount for the supply of the Platform provided for the period up to the time when you gave notice of cancellation in accordance with clause 4.1. The amount we deduct will reflect the amount that has been supplied as a proportion of the entirety of the Contract.
  5. The Platform
    1. Descriptions and illustrations. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the nature of the services described in them. They will not form part of the Contract or have any contractual force.
    2. Compliance with specification. Subject to our right to amend the specification (see clause 5.3) we will provide the Platform to you in accordance with the specification for the Platform appearing on our website at the date of your order in all material respects.
    3. Updates to Platform. We reserve the right to update the Platform and the content of the Platform from time to time if, in our reasonable opinion, we believe that such updates will improve the user experience and general services offered by the Platform.
    4. Required updates to Platform. We reserve the right to update the Platform and the content of the Platform if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Platform.
    5. Reasonable care and skill. We warrant to you that the Platform will be provided using reasonable care and skill.
  6. Your obligations
    1. It is your responsibility to ensure that:
      1. the terms of your order are complete and accurate;
      2. you cooperate with us in all matters relating to the Platform;
      3. you, your employees, agents, consultants and subcontractors comply with the Terms of Use of our Platform, which can be viewed at www.ics-shipping.org/academy/terms-of-use ; and
      4. you provide us with such information and materials we may reasonably require in order to provide the Platform and ensure that such information is complete and accurate in all material respects.
    2. If our ability to provide the Platform is prevented or delayed by any failure by you to fulfil any obligation listed in clause 6.1 (Your Default):
      1. we will be entitled to suspend access to the Platform until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the provision access to the Platform, in each case to the extent Your Default prevents or delays provision of access to the Platform. In certain circumstances Your Default may entitle us to terminate the Contract under clause 14 (Termination);
      2. we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to provide access to the Platform; and
      3. it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
  7. Charges
    1. In consideration of us providing access to the Platform to the Authorised Users you must pay our charges (Charges) in accordance with this clause 7.
    2. The Charges are the prices quoted on our site at the time you submit your order.
    3. If you wish to change the number of Authorised Users after we accept your order, and we agree to such change, we will modify the Charges accordingly.
    4. We take reasonable care to ensure that the prices stated for access to the Platform are correct at the time when the relevant information was entered into the system. However, please see clause 7.7 for what happens if we discover an error in the price of the Platform.
    5. Our Charges may change from time to time, but changes will not affect any order you have already placed. We reserve the right to increase the Charges from time to time, and such increases shall affect subsequent subscription renewals or new orders placed by you.
    6. Our Charges are exclusive of VAT. Where VAT is payable in respect of provision of the Platform you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.
    7. It is always possible that, despite our reasonable efforts, the price for access to the Platform on our site may be incorrectly priced. If the correct price for the Platform is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase access to the Platform at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel the access to the Platform and refund you any sums you have paid.
  8. How to pay
    1. Payment for access to the Platform is in advance. We will take your first payment upon acceptance of your order and will take subsequent payments, where applicable, annually in advance.
    2. You can pay for access to the Platform using a debit card or credit card. We accept the following cards:

      Visa, Mastercard, Maestro & American Express

      OR

      You can also pay for access to the platform by bank transfer to the following account:

      Account no: 04429818, Sort Code : 50-00-00
    3. We will send you an electronic invoice immediately after the purchase has been made.
    4. We shall each pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
  9. Complaints
    1. If a problem arises or you are dissatisfied with the Platform, please contact [email protected].
  10. Intellectual property rights
    1. All intellectual property rights in or arising out of or in connection with the provision of the Platform will be owned by us.
  11. How we may use your personal information
    1. We will use any personal information you provide to us to:
      1. provide access to the Platform to the Authorised Users;
      2. process your payment for the Platform; and
      3. inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
    2. We will process your personal information in accordance with our privacy policy: https://www.ics-shipping.org/privacy/, the terms of which are incorporated into this Contract.
  12. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
    1. We have obtained insurance cover in respect of our own legal liability for individual claims not exceeding £10million. The limits and exclusions in this clause reflect the insurance cover we have been able to arrange, and you are responsible for making your own arrangements for the insurance of any excess loss.
    2. Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
      1. death or personal injury caused by negligence;
      2. fraud or fraudulent misrepresentation; and
      3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
    3. Subject to clause 12.2, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
      1. loss of profits;/li>
      2. loss of sales or business;
      3. loss of agreements or contracts;
      4. loss of anticipated savings;
      5. loss of use or corruption of software, data or information;
      6. loss of or damage to goodwill; and
      7. any indirect or consequential loss.
    4. Subject to clause 12.2, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 100% of the total Charges paid under the Contract.
    5. We have given commitments as to compliance of the services provided through the Platform with the relevant specification in clause 5.2. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
    6. Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire three months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
    7. Nothing in these Terms limits or affects the exclusions and limitations set out in our www.ics-shipping.org/academy/terms-of-use.
    8. This clause 12 will survive termination of the Contract.
  13. Confidentiality
    1. We each undertake that we will not at any time disclose to any person any confidential information concerning one another's business, affairs, customers, clients or suppliers, except as permitted by clause 13.2.
    2. We each may disclose the other's confidential information:
      1. to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 13; and
      2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
  14. Termination, consequences of termination and survival
    1. Termination. Without limiting any of our other rights, we may suspend access to the Platform, or terminate the Contract with immediate effect by giving written notice to you if:
      1. you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7 days of you being notified in writing to do so;
      2. you fail to pay any amount due under the Contract on the due date for payment;
      3. you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business;
      4. you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
      5. your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
    2. Consequences of termination
      1. Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
    3. Survival. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
  15. Events outside our control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
    2. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
      1. we will contact you as soon as reasonably possible to notify you; and
      2. our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will resume the provision of the Platform as soon as reasonably possible after the Event Outside Our Control is over.
    3. You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred us by in providing the Platform up to the date of the occurrence of the Event Outside Our Control.
  16. Communications between us
    1. When we refer to "in writing" in these Terms, this includes email.
    2. Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
    3. A notice or other communication is deemed to have been received:
      1. if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
      2. if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
      3. if sent by email, at 9.00 am the next working day after transmission.
    4. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
    5. The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
  17. General
    1. Assignment and transfer
      1. We may assign or transfer our rights and obligations under the Contract to another entity.
      2. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing, in our absolute discretion.
    2. Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
    3. Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
    4. Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    5. Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
  18. Governing law and jurisdiction.
    1. These Terms are governed by English law and wherever you live you can bring claims against us in the English courts. We can claim against you in the courts of the country you live in. The Platform is controlled from within the England. If you access the Platform from outside England, you do so at your own risk and are responsible for compliance with applicable local laws or regulations.
    2. If any provision of these Terms of use is deemed to be invalid by a court of competent jurisdiction, this shall not affect the validity of the remaining provisions, which shall remain in full force and effect.