Terms of Use


Thank you for visiting the website (the “Site”) of Windward Ltd. (“We”, “us” or “Windward”). Windward is happy to make available to you the content on its Site for informational purposes. Please carefully read these terms of use (the “Terms”) as well as our privacy policy, which we may update from time to time, a current version of which is available here (the “Privacy Policy”). By using our Site and shared content received from Windward platform users (such as PDF reports or links to reports) (“Shared Content”), you thereby agree to the Terms and Privacy Policy. If you do not agree to the Terms and Privacy Policy, you should exit our Site and not use or review any of the information that is posted on this Site or any Shared Content.

Intellectual Property Rights

We own all intellectual property in this Site and its content (including without limitation any documents posted on the Site and any Shared Content) including its overall appearance, graphics, design and underlying source files. Without the prior written consent of Windward, you may not reproduce (in whole or in part), transmit (by electronic means or otherwise), redistribute, modify, frame or use for any purpose the contents of this Site or any Shared Content. No copyright notices, other intellectual property or legal notices or other identifying information may be removed from downloaded materials. Nothing contained in this Site should be construed as granting any license or right to use any of Windward’s intellectual property rights. If you provide us with any feedback concerning any material on the Site, such feedback shall not be subject to any confidentiality restrictions and Windward will be free to use such feedback, without any compensation to you, for any purpose whatsoever.

Links

Our Site may link to third party websites. Windward provides links for ease of reference only. Windward has no control over the content or information posted on such third party websites and we do not assume any responsibility or liability therefore. Third party websites may have policies about the use of your information that are different from ours. You should refer to these third party websites’ respective privacy notices and terms of use.

Limitation of Liability; Disclaimers

Windward has made and will continue to make efforts to include accurate and up-to-date information on this Site. However, Windward cannot guarantee that the information posted on this Site or included in any Shared Content is accurate, complete or suitable for any purpose. In addition, Windward cannot guarantee that the content posted on this Site or included in any Shared Content has not been affected by technical malfunctions or unauthorized tampering. Windward does not guarantee that material on this Site will be free from infection, viruses, worms, Trojan horses and/or other code that has contaminating or destructive properties. It is your responsibility to take protective steps, such as virus checking. Windward may alter or remove materials from this Site at any time.

Windward may make informational materials and data regarding maritime related events and risks available on the Site. The provision of such materials does not constitute the provision of a recommendation or advice to a particular action or transaction, and USE OF THESE MATERIALS IS AT YOUR OWN RISK. Windward cannot and does not accept any responsibility or liability for the use of – or reliance upon – such materials. If Windward accepts any responsibility and liability in respect of its proprietary products and services, applicable provisions shall be set forth in a separate written agreement between Windward and the applicable customer.

Windward assumes no responsibility or liability for the actions or omissions of third parties in relation to the Shared Content.

TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, WINDWARD MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THIS SITE OR ANY INFORMATION OBTAINED THROUGH THIS SITE. UNDER NO CIRCUMSTANCES WILL WINDWARD, ITS AFFILIATES, EMPLOYEES OR OFFICERS BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND WHATSOEVER RESULTING TO YOU OR TO ANY THIRD PARTY DIRECTLY OR INDIRECTLY FROM ANY USE OF THIS SITE, ANY SHARED CONTENT, OR DEFECT IN THIS SITE OR ANY INFORMATION CONTAINED IN THIS SITE, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES.

BY USING THIS SITE OR SHARED CONTENT, YOU EXPRESSLY ASSUME ALL RISK THAT THE INFORMATION AND MATERIALS ON THIS SITE INCLUDED IN ANY SHARED CONTENT MAY BE INCOMPLETE, INACCURATE, OUT-OF-DATE, OR MAY NOT MEET YOUR NEEDS OR REQUIREMENTS.

Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You are responsible for checking your local laws for any restrictions or limitations regarding the exclusion of liability.

General Applicability

These Terms apply to all visitors of the Site and to any third parties who receive Shared Content. By accessing or using the Site or any Shared Content, you agree to comply with all applicable provisions of these Terms. 

Governing Laws

The Terms are governed and interpreted pursuant to the laws of England and Wales, notwithstanding any principles of conflicts of law. All disputes in respect of the Site and any content available through the Site shall be subject to the exclusive jurisdiction of the competent courts in London, England. If you access this site from another jurisdiction, you are responsible for ensuring compliance with any local laws relating to access and use of this Site.

How to Contact Us

If you have any questions or concerns about the Terms for this Site or its implementation you may contact us at through the functionality made available through the Site.

Last update: 17.9.2024