Effective date: September 01, 2018
WHAT'S IN THESE TERMS?
These terms tell you the rules for using our website ("our site"). These terms also set out the permitted uses and prohibited uses of our site. When using our site, you must comply with these terms.
Click on the links below to go straight to more information on each area:
- Who we are and how to contact us.
- There are other terms that may apply to you.
- Our services.
- Service fee.
- We may make changes to these terms.
- We may make changes to our site.
- We may suspend or withdraw our site.
- You must keep your account details safe.
- No lending guarantees.
- Sample loan agreement and other documents on our site.
- Correspondence relating to the services.
- How you may use material on our site.
- Do not rely on information on our site.
- We are not responsible for websites we link to.
- User-generated content is not approved by us.
- Our responsibility for loss or damage suffered by you.
- How we may use your personal information.
- Uploading content to our site.
- Rights you are giving us to use material you upload.
- We are not responsible for viruses and you must not introduce them.
- Rules about linking to our site.
- Content standards.
- Prohibited uses.
- Interactive services.
- Breach of these terms.
- Which country's laws apply to any disputes?.
- For more Marlo Public Documents
1. Who we are and how to contact us
http://www.marlo.online is a site operated by MARLO TECHNOLOGIES LIMITED ("We"). We are a private limited company registered in England and Wales under company number 11450311 and have our registered office at 1 Bell Street, 2nd Floor, London, England, NW1 5BY.
This Site is an online business to business marketplace that acts as a bridge between the lenders and the borrowers operating in the global maritime industry.
To contact us, please email firstname.lastname@example.org
By using our site, you confirm that:
a. you are 18 or over; and
If you do not agree to these terms, you must cease to use our site immediately.
2. There are other terms that may apply to you
3. Our Services
We aim to perform the following services:
a. Digitally connect borrowers (generally shipping companies) to lenders and independent third-party loan providers via our site (the marketplace) for the purposes of short-term financing via various loan products in an amount not exceeding US$500,000 (subject to the applicable regulations and terms and conditions of each lender) (the "Services").
b. Enable users (generally shipping companies) to optimize their operations through the use of online tools that help them carry out critical functions including but not limited to, paying for port charges, managing business-related documentation and making voyage estimates ("applications").
We do not represent ourselves as any of the following, including a broker, lender or financial institution.
We are not responsible, nor take any part in a lending or making credit processes.
We do not lend money to anyone nor we are involved in any direct financial transactions with any of our website users.
The lending decision is made solely by each lender subject to the individual lending criteria.
We are not able to speed, influence or impact the lending process in any way.
When deciding to borrow from any of the lenders via out site, you acknowledge and agree that you have considered all available to you options and should you choose to enter into a binding facility agreement with a lender you are doing so at your own risk.
If you are unsure about any aspect of the lending process, you must consult a professional before making your decision to borrow.
4. Service Fee
The provision of the Services:
a. To the borrowers is subject to a fee directly upon a borrower entering into a binding financing transaction with a lender;
b. To the lenders is currently free of charge. This may change in the future.
c. To users of applications is subject to a subscription fee and/or a “pay-per-use” model for the various services.
5. We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our site and time after time after creating a user account, please check these terms to ensure you understand the terms that apply to you at that time.
These terms were most recently updated on 31 August 2018.
6. We may make changes to our site
We work constantly to improve our services and develop new features to make our site better for you. We may need to update and change our site from time to time to reflect changes to our services, our users' needs and our business priorities. We may need to update these terms from time to time to accurately reflect our services and practices. Please frequently check these terms for updates.
7. We may suspend or withdraw our site
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
8. You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com
We do not not guarantee the availability of any loan product or service of any lender.
We are not responsible for any information published by any lender on our site. Nor do we guarantee that any product or service is suitable for your needs.
9. No lending guarantees
We do not guarantee the availability of any loan product, applications or other services.
Our site may contain information published by the lenders or counterparties related to the applications. We do not represent that any such information is true and accurate.
We run the site and are not responsible for the information provided by any lender or counterparties related to the applications or other counterparties.
Registration on our site does not represent your creditworthiness nor shall be treated as an approval of any borrowing request and any lending is subject to credit checks and verifications, as may be applicable from time to time. This is similarly and correspondingly the case in respect of any intended use of applications by you.
10. Sample loan agreement and other documents on our site
After creating a user account, you may access and review our sample loan agreement .
At all times it is your sole responsibility to check the sample loan agreement and any other documents uploaded on our site. We do not represent nor warrant that any of the documents are suitable for any lending and all such documents have been made available solely for guidance.
Should you choose to adopt our sample loan agreement or any other document you represent and warrant to hold us harmless against any loss or damage that you may suffer in connection with the use of any such document.
If you have any questions or doubts in relation to any document, whether downloaded on our site or provided by any lender, you must contact such lender directly and seek legal representation if necessary.
11. Correspondence relating to the Services
The lenders may include request for additional materials, notices, providing information, marketing materials or any other document pertinent to the service being offered by such companies. This communication can be sent by us, lender or any of our relevant third-party partners.
By continuing to use this service, you agree to receive current and future communications relating to your account on our site and your activities and interests on our site electronically. These electronic communications will be sent to the email address provided by you at the time of submitting your information.
All such communications may be related to specific lending request. You agree that you have appropriate technical means to ensure that all such correspondence is reachable and is capable of being read and attended to. You also acknowledge and agree that we may send you requests for additional information which may be required to be responded to within such time periods as may be set out in such relevant emails.
In addition to e-correspondence, we may send you information and correspondence via non-electronic channels. If you do not wish to receive such correspondence, please contact us at firstname.lastname@example.org
Please note that you may change your correspondence preferences at any time.
12. How you may use material on our site
We (or our licensors, as may be applicable) are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. We and our licensors reserve all of our and their rights in any intellectual property in connection with these terms.
Nothing in these terms grants you any legal rights in our site other than as necessary to enable you to access our site. You agree not to adjust, to try to circumvent or delete any notices contained on our site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded in our site.
You may print off copies, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
13. Do not rely on information on this site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
14. We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
15. User-generated content is not approved by us
This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us on email@example.com
16. Our responsibility for loss or damage suffered by you
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
a. use of, or inability to use, our site; or
b. use of or reliance on any content displayed on our site.
In particular, we will not be liable for:
a. loss of profits, sales, business, or revenue;
b. business interruption;
c. loss of anticipated savings;
d. loss of business opportunity, goodwill or reputation; or
e. any indirect or consequential loss or damage.
17. How we may use your personal information
18. Uploading content to our site
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
You are solely responsible for securing and backing up your content.
19. Rights you are giving us to use material you upload
When you upload or post content to our site, you grant us the licence to use your content for the purposes of providing Services to you.
20. We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.
You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
21. Rules about linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in these terms.
If you wish to link to or make any use of content on our site other than that set out above, please contact firstname.lastname@example.org
22. Content standards
These content standards apply to any and all material which you upload to our site ("Contribution"), and to any interactive services associated with it.
The following content standards apply to all Contributions (“Content Standards”):
A Contribution must:
a. be accurate (where it states facts);
b. be genuinely held (where it states opinions); or
b. comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not:
a. be defamatory of any person;
b. be obscene, offensive, hateful or inflammatory; or
c. promote sexually explicit material;
d. promote violence;
e. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
f. infringe any copyright, database right or trade mark of any other person;
g. be likely to deceive any person.
h. breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
i. promote any illegal activity;
j. be in contempt of court;
k. be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
l. be likely to harass, upset, embarrass, alarm or annoy any other person;
m. impersonate any person, or misrepresent your identity or affiliation with any person;
n. advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
o. contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
We will determine, in our sole discretion, whether a Contribution breaches the Content Standards.
23. Prohibited uses
You may use our site only for lawful purposes. You may not use our site:
a. in any way that breaches any applicable local, national or international law or regulation;
b. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
c. for the purpose of harming or attempting to harm minors in any way;
d. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
e. to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You shall not, whether directly or indirectly:
a. modify, make alterations, additions or amendments to our site;
b. use any spider, robot, site search/retrieval application, or other automated or manual software, device, process or any other means to access, retrieve, harvest, scrape, or index any portion of our site;
c. take any action that imposes, or may impose, as determined in our sole discretion, an unreasonable or disproportionately large burden on our or our third party providers’ infrastructure or technology, or otherwise make excessive traffic demands on our site;
d. interfere or attempt to interfere with the operation of our site;
e. reverse engineer, decipher, disassemble, decompile or otherwise attempt to derive any source code or any underlying intellectual property, ideas or algorithms embedded in our site;
f. modify, translate, or otherwise create derivative works of any part of our site;
g. utilize any information, content or data you view on and/or obtain from by virtue of using our site to provide any service that is competitive with ours;
h. undertake any actions which may damage our goodwill;
i. attempt to override, interfere with, disable, bypass, circumvent or damage any security feature of our site or any other measures we may use to prevent or restrict access to our site;
j. run any form of auto-responder or “spam” on our site;
k. attempt to gain unauthorized access to restricted parts of our site or any user profiles through hacking, password mining or any other means; or
l. take any other action which may be in breach of these terms.
You also agree:
a. not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms;
b. not to access without authority, interfere with, damage or disrupt:
1. any part of our site;
2. any equipment or network on which our site is stored;
3. any software used in the provision of our site; or
4. any equipment or network or software owned or used by any third party.
Using our site in an unlawful way (such as reproducing or redistributing it in a way that breaches these terms and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.
24. Interactive services
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our Content Standards, whether the service is moderated or not.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
25. Breach of these terms
When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.
Failure to comply with these terms and may result in our taking all or any of the following actions:
a. immediate, temporary or permanent withdrawal of your right to use our site;
b. immediate, temporary or permanent removal of any Contribution uploaded by you to our site;
c. issue of a warning to you;
d. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
e. further legal action against you; and/or
f. disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
26. Which country's laws apply to any disputes?