IMPORTANT LEGAL NOTICE

This legal notice applies to the entire contents of the website under the domain name www.opalmarine.com ("Website") and to any correspondence by e-mail between you and us. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms. If you do not accept these terms, do not use the Website. This notice and the Website are issued by Opal Marine Ltd, a company Registered in England & Wales at: 112 Hills Road, Cambridge, CB2 1PH. Registered No. 6278177 with its head office at Chichester Marina, Chichester PO20 7EJ (section 8, paras 7, 11 & 14) ("Opal Marine").

1. INTRODUCTION

1.1 By accessing any part of the Website, you will be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.

1.2 Opal Marine may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages of the Website.

2. LICENCE

2.1 You are permitted to access and download the Website, and to print one copy of extracts from the Website, solely for your own use on the following basis:

(a) no documents or related graphics on the Website are modified in any way;
(b) no graphics on the Website are used separately from the corresponding text; and
(c) Opal Marine's copyright and trademark notices and this permission notice appear in all copies.

2.2 Unless otherwise stated, Opal Marine and its licensors own the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images). For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.

2.3 Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Opal Marine's prior written permission.

2.4 Any rights not expressly granted in these terms are reserved.

3. SERVICE ACCESS

3.1 While Opal Marine endeavours to ensure that the Website is normally available 24 hours a day, Opal Marine shall not be liable if for any reason the Website is unavailable at any time or for any period.

3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Opal Marine's control.

4. VISITOR MATERIAL AND CONDUCT

4.1 Any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. Opal Marine shall have no obligations with respect to such material. Opal Marine and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

4.2 You are prohibited from posting or transmitting to or from the Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

4.3 You may not misuse the Website (including, without limitation, by hacking).

4.4 Opal Marine will fully co-operate with any law enforcement authorities or court order requesting or directing it to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.

5. LINKS TO AND FROM OTHER WEBSITES

5.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Opal Marine has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Opal Marine therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

5.2 If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:

(a) you do not remove, distort or otherwise alter the size or appearance of Opal Marine's logo;
(b) you do not create a frame or any other browser or border environment around the Website;
(c) you do not in any way imply that Opal Marine is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with Opal Marine nor present any other false information about Opal Marine;
(e) you do not otherwise use any Opal Marine trade marks displayed on the Website without express written permission from Opal Marine;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

5.3 Opal Marine expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action it deems appropriate.

5.4 You shall fully indemnify Opal Marine for any loss or damage suffered by Opal Marine or any of its group companies for breach of clause 5.2.

6. DISCLAIMER

6.1 While Opal Marine endeavours to ensure that the information on the Website is correct, Opal Marine does not warrant the accuracy and completeness of the material on the Website. Opal Marine may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and Opal Marine makes no commitment to update such material.

6.2 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Opal Marine provides you with the Website on the basis that Opal Marine excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website.

7. LIABILITY

7.1 Opal Marine, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of Opal Marine group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

7.2 Nothing in this legal notice shall exclude or limit Opal Marine's liability for:

• death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
• fraud; or
• misrepresentation as to a fundamental matter; or
• any liability which cannot be excluded or limited under applicable law.

7.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

8. GOVERNING LAW AND JURISDICTION

This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.

Privacy Policy

1) Opal Marine Ltd does not collect personally identifiable information about you except:

• when you provide such information on a voluntary basis;
• through your use of Opal Marine's products and/or services; and
• when Opal Marine obtains such information from another source (for example, a credit reference agency), together ("Your Information").

2) Your Information may include your name, address, date of birth, gender, mobile and contact telephone numbers, fax number, e-mail address, bank and credit/debt card information, occupation and employment data, lifestyle and details of how you use Opal Marine's services. We do not collect other personal information, or any sensitive personal information such as information on you racial or ethnic origins, religious beliefs, trade union affiliations, sexual life, health or criminal activity. We will hold such consumer information in accordance with the following principles:

• fairly and lawfully processed;
• processed for limited purposes;
• adequate, relevant and not excessive;
• accurate;
• not kept longer than necessary;
• processed in accordance with the data subject's rights;
• secure;
• not transferred to countries without adequate protection.

3) Opal Marine may hold and process your Information for any purpose relating to or connected with:

• the management of your account;
• Opal Marine's business;
• the provision of Opal Marine's current or future products and/or services;
• credit checks or verification of identity;
• any legal, governmental or regulatory requirement;
• legal proceedings;
• the prevention or detection of crime or fraud; and
• the protection of Opal Marine's legitimate interests.

4) If you are a consumer and have ticked the relevant box on your contract or otherwise given your consent, Opal Marine may also contact you by phone, post, fax, email, or SMS from time to time with information about other Opal Marine products or services which Opal Marine believes may be of interest to you. Please contact Opal Marine if you do not wish your personal information to be used for these purposes.

5) If you are a consumer and have ticked the relevant box on your contract or otherwise given your consent, Opal Marine may also contact you by phone, post, fax, email, or SMS from time to time about the products and services of carefully selected third parties which Opal Marine believes may also be of interest to you and, without passing control of Your Information, enable you to receive marketing and/or promotional information from them.

6) Subject to the terms of this Policy, Your Information will not be sold or otherwise transferred to third parties without your approval. Opal Marine is not responsible for any actions or policies of such third parties and users should check the applicable privacy policy of such party when providing personally identifiable information.

7) Opal Marine may disclose to credit reference agencies details of your agreement with Opal Marine, any payments made under any such agreements, account balances and information about any default, dispute, queries and debts. Opal Marine may also disclose details of any change of address reported to Opal Marine or of which Opal Marine becomes aware. The information supplied by Opal Marine and held by credit reference agencies is used by Opal Marine and other organisations to help make decisions about other credit applications by you or other members of your household with whom you are linked financially; and to trace debtors, recover debts and to prevent and detect fraud. Opal Marine may also check and share your details with fraud prevention agencies who will record details of any false or inaccurate information provided by you where we suspect fraud. Records held by fraud prevention agencies will also be used by other organisations to help them make decisions on motor, household, credit, life and other insurance proposals and insurance claims, for you and members of your household, and to help prevent money laundering where applicable. By writing to the Data Protection Manager, Legal Department, Opal Marine, Chichester Marina, Chichester PO20 7EJ, you can ask us at any time for details of the credit reference and fraud prevention agencies to whom we disclose and obtain information about you.

8) Where necessary or otherwise allowed, Opal Marine may also pass Your Information to certain third parties (some of which may be based outside of the European Union). Such third parties may include:

• those who provide to Opal Marine or its group companies products or services that support Opal Marine's services;
• if your bill is paid by someone else, that person's agencies and organisations involved in the prevention or detection of fraud or crime or the apprehension or prosecution of offenders, including the operators and participants of crime prevention schemes in which Opal Marine participates who may compare Your Information with information collected from other sources and who may keep a record of the searches Opal Marine makes against your name; and
• anyone to whom Opal Marine transfers that part of its business of which you are a customer or a potential customer in accordance with paragraph 13 below. Such entities including their professional advisers may use and disclose Your Information for the same purposes as Opal Marine and its advisers. By entering into product and / or a services agreement with Opal Marine, you consent to such transfers of your personal data.

9) If you wish to use Opal Marine's products or services abroad, it may be necessary to transfer Your Information outside of the European Union to that country. Opal Marine's web, and similar sites and those of Opal Marine's group companies may also be based on servers located in countries outside of the European Union, whose laws may not protect you as well as that in countries within the European Union.

10) Opal Marine may share Your Information with Opal Marine's group companies (i.e. those companies that Opal Marine owns or controls at least 15% of the issued share capital), who may use or disclose Your Information for the same purposes.

11) If you wish to:

• update or correct Your Information; or
• request that Your Information is removed from our direct marketing database,
  please write to the Data Protection Manager, Legal Department, Opal Marine, Chichester Marina, Chichester PO20 7EJ.

12) If you provide Opal Marine with information about or relating to another individual it is your responsibility to ensure that that individual is aware and has agreed to your conveying such information to Opal Marine.

13) In the event that Opal Marine's business is sold or integrated with another business, Your Information will be disclosed to our advisors and any prospective purchaser's advisors and will be passed to the new owners of the business.

14) You are entitled to obtain a copy of the personal information Opal Marine holds about you. Please write to the Data Protection Manager, Legal Department, Opal Marine, Chichester Marina, Chichester PO20 7EJ. Please provide proof of your identity, and confirm your account number(s) with Opal Marine and briefly describe the information you require. We may also charge £10 to cover Opal Marine's administrative costs.

15) Opal Marine reserves the right to change this policy at any time by publishing a revised privacy policy on the website. This policy and the statements outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.

Contact Details

Opal Marine
Chichester Marina
Chichester
West Sussex
PO20 7EJ

Tel: +44 (0)1243 511381
Fax: +44 (0)1243 511382
Email chichester@opalmarine.com