Terms of Use
OFFSHORE RACING CONGRESS
1. Introduction and Acceptance
1.1. These Terms of Use ("Terms") govern your access to and use of the websites, databases, and online services operated by Offshore Racing Congress Limited ("ORC," "we," "us," or "our"), including but not limited to orc.org, data.orc.org, and all associated sub-domains and services (collectively, the "Website").
1.2. ORC is a private company limited by guarantee, incorporated in England (Company Number 01523835), with its registered office at Sweden House, 5 Upper Montagu Street, London, W1H 2AG, United Kingdom.
1.3. By accessing or using the Website, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not access or use the Website.
1.4. These Terms apply to all users of the Website worldwide, including, without limitation, users who are sailors, boat owners, rating officers, event organisers, race committees, designers, measurers, national rating authorities, or casual visitors.
1.5. ORC reserves the right to modify these Terms at any time. Changes take effect upon posting to the Website. Your continued use of the Website after any modification constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.
2. Definitions
In these Terms, the following definitions apply:
"Certificate Data" means all data contained in, derived from, or associated with ORC rating certificates, including but not limited to boat measurements, rating values, speed predictions, performance data, polar diagrams, speed guides, target speeds, and any compilations or analyses thereof.
"ORC Content" means all content available on or through the Website, including but not limited to Certificate Data, text, graphics, images, software, databases, rating rules, measurement standards, the ORC Velocity Prediction Program ("VPP"), design guidelines, scoring systems, and the selection, coordination, and arrangement of such content.
"ORC Rules" means the ORC Rating Systems, including the rules governing ORC International, ORC Club, ORC Sportboat, ORC Multihull, and ORC Superyacht certificates, as published and amended by ORC from time to time.
"ORC-Sanctioned Event" means any sailing event, race, regatta, or series that invokes the ORC Rules in its Notice of Race.
"Rating Authority" means a national or regional authority appointed by ORC to issue ORC certificates in accordance with the ORC Rules, as listed on the Website.
"Sailor Services" means the registered-user area of the Website providing access to the ORC certificate database, certificate downloads, test certificates, speed guides, target speeds, and related tools.
3. Intellectual Property
3.1. Ownership. All ORC Content is the intellectual property of ORC or its licensors and is protected by copyright, database rights, trademark rights, and other intellectual property laws of the United Kingdom, the European Union, and international treaties. The compilation, selection, coordination, and arrangement of all ORC Content constitutes the original work of authorship of ORC and is protected as a collective work and database.
3.2. Trademarks. "ORC," "Offshore Racing Congress," the ORC logo, "ORC International," "ORC Club," and all related names, logos, product and service names, designs, and slogans are trademarks of ORC. You may not use such marks without the prior written permission of ORC.
3.3. Third-Party Trademarks. All trademarks reproduced on the Website that are not the property of, or licensed to, ORC are acknowledged as belonging to their respective owners. Their appearance on the Website does not imply any affiliation with, or endorsement by, ORC.
3.4. Rating Rules and VPP. The ORC Rating Systems, ORC Rules, the VPP, and all associated methodologies, algorithms, and outputs are proprietary to ORC. No licence to use, reproduce, reverse-engineer, or create derivative works from the VPP or the ORC Rules is granted by these Terms, except as expressly provided herein.
3.5. Certificate Data. ORC certificates, including all measurement data, rating outputs, performance predictions, and related information, are the property of ORC. The issuance of a certificate to a boat owner does not transfer ownership of the intellectual property in that certificate or its underlying data to the certificate holder or any third party.
4. Permitted Use
4.1. General Browsing. You may access and view ORC Content for your personal, non-commercial use, subject to these Terms.
4.2. Individual Certificate Access. Registered Sailor Services users may search for, view, and download individual certificates and associated data for the following purposes:
(a) Preparing for, competing in, or organising ORC-Sanctioned Events;
(b) Verifying the rating of a specific vessel;
(c) Personal research and analysis of your own vessel's rating; and
(d) Any other purpose expressly authorised in writing by ORC.
4.3. Event Organisers. Organisers of ORC-Sanctioned Events may access and use Certificate Data as necessary for the administration, scoring, and reporting of those events, in accordance with the ORC Rules.
4.4. Rating Authorities. Rating Authorities may access and use the Website and Certificate Data in accordance with the terms of their separate agreements with ORC.
4.5. Yacht Designers and Naval Architects. Yacht designers and naval architects may search for, view, and download individual certificates and associated Certificate Data for the purpose of the design, testing, analysis, or planning of new or existing yacht designs, subject to the following conditions:
(a) Certificate Data obtained under this Section 4.5 may be used solely for the designer's or architect's own professional design and analysis work;
(b) Certificate Data obtained under this Section 4.5 shall not be redistributed, republished, resold, or otherwise made available to any third party, whether in original or modified form, except as reasonably necessary to communicate design recommendations to a specific client in connection with that client's own vessel; and
(c) Nothing in this Section 4.5 authorises the systematic downloading, bulk collection, or aggregation of Certificate Data, which remains prohibited under Section 5.1.
5. Prohibited Conduct
5.1. General Prohibitions. You shall not, and shall not permit any third party to:
(a) Use any robot, spider, scraper, crawler, data mining tool, or other automated means — whether software-based or otherwise — to access, index, harvest, extract, or download data from the Website or any ORC database, in whole or in part, without the prior written authorisation of ORC;
(b) Systematically download, collect, compile, or aggregate Certificate Data or other ORC Content, whether manually or through automated means, for any purpose;
(c) Reproduce, redistribute, republish, retransmit, resell, sublicence, or otherwise make available any ORC Content to any third party, whether in original or modified form, except as expressly permitted by Section 4;
(d) Create, maintain, or contribute to any database, archive, data store, or service that reproduces, competes with, or constitutes a material substitute for any ORC database or service;
(e) Use Certificate Data for the purpose of organising, scoring, or administering any sailing event, race, regatta, or series that does not invoke the ORC Rules in its Notice of Race, unless expressly authorised in writing by ORC;
(f) Use ORC Content for any commercial purpose, including without limitation the development of competing rating systems, paid analysis tools, commercial data products, betting or wagering platforms, or mass media distribution, without a separate commercial licence from ORC;
(g) Use ORC Content for the purpose of training, fine-tuning, prompting, or instructing any artificial intelligence model, machine learning system, or similar technology, without the prior written permission of ORC;
(h) Remove, alter, obscure, or circumvent any copyright notice, trademark notice, digital watermark, or other proprietary marking on any ORC Content;
(i) Reverse-engineer, decompile, or disassemble any software or technology provided through the Website, including the VPP;
(j) Attempt to gain unauthorised access to any part of the Website, any ORC server, or any database connected to the Website;
(k) Use the Website in any manner that could damage, disable, overburden, or impair its functioning, or that interferes with any other party's use of the Website;
(l) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; or
(m) Use the Website in violation of any applicable local, national, or international law or regulation.
5.2. Clarification — Non-ORC Events. For the avoidance of doubt, the use of ORC Certificate Data to calculate, derive, or apply ratings or handicaps for events that do not invoke the ORC Rules in their Notice of Race is prohibited under Section 5.1(e), regardless of whether the data is obtained through the Website, from a Rating Authority, or from any other source.
5.3. Unauthorised Use. Unauthorised use of the Website, including but not limited to the conduct described in Section 5.1, may give rise to a claim for damages and/or constitute a criminal offence under applicable law.
5.4. Equitable Relief. You acknowledge that a breach of Section 3 (Intellectual Property) or this Section 5 (Prohibited Conduct) may cause irreparable harm to ORC for which monetary damages are an inadequate remedy. In addition to any other remedy available at law or in equity, ORC shall be entitled to seek injunctive relief, specific performance, or other equitable remedies without the requirement to post a bond or prove actual damages.
6. Sailor Services Accounts
6.1. Registration. Access to Sailor Services requires registration. You agree to provide accurate, current, and complete information during registration and to maintain the accuracy of such information.
6.2. Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify ORC immediately of any unauthorised use of your account.
6.3. Non-Transferability. Sailor Services accounts are personal and non-transferable. You may not share your account credentials with any third party or create multiple accounts to circumvent any limitation or restriction imposed by these Terms.
6.4. Suspension and Termination. ORC reserves the right to suspend or terminate your account, with or without prior notice as the circumstances require and to the extent permitted by applicable law, if ORC reasonably believes that you have violated these Terms, including without limitation:
(a) Engaging in automated or systematic data extraction;
(b) Using Certificate Data for non-ORC-Sanctioned Events in contravention of these Terms;
(c) Redistributing or commercially exploiting ORC Content without authorisation;
(d) Providing false or misleading registration information; or
(e) Any other conduct that ORC determines, in its sole discretion, is harmful to the integrity of the ORC Rating Systems, the Website, or the interests of ORC or its stakeholders.
6.5. Effect of Termination. Upon termination or suspension, your right to access Sailor Services and all associated data ceases immediately. ORC is not obligated to provide you with any ORC Content following termination.
7. Rating Authorities
7.1. The rights and obligations of Rating Authorities with respect to the Website and Certificate Data are governed by the separate agreements between ORC and each Rating Authority. Nothing in these Terms is intended to limit, modify, or supersede those agreements.
7.2. To the extent that a Rating Authority's employees, agents, or contractors access the Website, such access remains subject to the applicable provisions of these Terms, except as otherwise provided in the relevant Rating Authority agreement.
8. Disclaimer of Warranties
8.1. THE WEBSITE AND ALL ORC CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ORC DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
8.2. ORC does not warrant that the Website will be uninterrupted, error-free, or secure, or that any defects will be corrected.
8.3. Use at Your Own Risk. Your use of the Website and any information or materials available through it is entirely at your own risk. You are solely responsible for ensuring that any products, services, information, or data obtained through the Website meet your specific requirements.
8.4. While ORC endeavours to ensure the accuracy of Certificate Data, ORC does not warrant the accuracy, completeness, or reliability of any certificate, rating, measurement, or other data available through the Website. Users are responsible for verifying any data upon which they intend to rely. Information and materials on the Website may contain inaccuracies or errors, and ORC expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.
8.5. No Liability for Equipment Damage. ORC shall not be liable, whether in contract, tort (including negligence), statute, or otherwise, for any loss of or damage to your computer hardware, software, data, or other electronic equipment arising from your use of the Website or from the downloading of any material from it.
9. Limitation of Liability
9.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS REQUIRED TO PROTECT THE RIGHTS OF CONSUMERS UNDER APPLICABLE CONSUMER PROTECTION LAW, ORC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ANY ORC CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ORC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2. In no event shall the total aggregate liability of ORC for all claims arising out of or in connection with these Terms or your use of the Website exceed the greater of: (a) one hundred pounds sterling (GBP £100); or (b) the total fees, if any, paid by you to ORC in the twelve (12) months immediately preceding the event giving rise to the claim.
9.3. Nothing in these Terms excludes or limits ORC's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
10. Indemnification
10.1. You agree to indemnify, defend, and hold harmless ORC, its directors, officers, employees, agents, Rating Authorities, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
(a) Your violation of these Terms;
(b) Your violation of any applicable law or regulation in connection with your use of the Website; or
(c) Your infringement of any intellectual property or other right of any third party.
10.2. This indemnification obligation shall not apply to the extent that a claim arises solely from ORC's own negligence or wilful misconduct.
11. Third-Party Links and Services
11.1. The Website may contain links to third-party websites or services. ORC does not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party sites or services.
11.2. Your interactions with any third party found on or through the Website are solely between you and such third party.
12. Data Protection and Privacy
12.1. ORC's collection and processing of personal data is governed by the ORC Privacy Policy, available at [orc.org/privacy-policy]. The Privacy Policy forms part of these Terms.
12.2. By using the Website, you consent to the collection and use of your information as described in the Privacy Policy.
12.3. For users in the European Union or the United Kingdom, ORC acts as a data controller under the UK General Data Protection Regulation ("UK GDPR") and the EU General Data Protection Regulation ("EU GDPR"). Users have the right to request access, rectification, erasure, restriction, and portability of their personal data in accordance with applicable data protection law. Requests should be directed to the Data Protection Officer at privacy@orc.org.
12.4. Where ORC uses automated means to detect violations of these Terms (including automated scraping detection under Section 13), users have the right to request human review of any automated decision that results in account suspension or termination.
13. Technical Protection Measures
13.1. ORC may implement technical measures to prevent or detect unauthorised access to or use of the Website and Certificate Data, including but not limited to rate limiting, CAPTCHA verification, access logging, and automated detection of scraping or harvesting activity.
13.2. Any attempt to circumvent, disable, or interfere with such technical protection measures is a violation of these Terms and may constitute a criminal offence under applicable law, including but not limited to the Computer Misuse Act 1990 (United Kingdom) and equivalent legislation in other jurisdictions.
14. Governing Law and Jurisdiction
14.1. These Terms, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England and Wales.
14.2. Subject to Section 14.3, the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.
14.3. If you are a consumer residing in the European Union or another jurisdiction whose mandatory consumer protection laws grant you the right to bring proceedings in your local courts, nothing in these Terms affects those rights. You may also have the benefit of mandatory consumer protection provisions of the law of your country of residence.
15. International Users
15.1. ORC makes no representation that the Website or any ORC Content is appropriate or available for use in all jurisdictions. Users who access the Website from outside the United Kingdom do so on their own initiative and are responsible for compliance with all applicable local laws.
15.2. These Terms are drafted in English. If these Terms are translated into any other language, the English-language version shall prevail in the event of any inconsistency.
16. Severability
16.1. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions shall continue in full force and effect.
17. Waiver
17.1. No failure or delay by ORC in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy. A waiver of any right or remedy on one occasion shall not be construed as a waiver of any right or remedy on any subsequent occasion.
18. Entire Agreement
18.1. These Terms, together with the Privacy Policy and any separate agreements between ORC and Rating Authorities, constitute the entire agreement between you and ORC with respect to your use of the Website and supersede all prior or contemporaneous agreements, representations, or understandings.
19. Force Majeure
19.1. ORC shall not be liable for any failure or delay in performing any obligation under these Terms arising from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, cyberattacks, government actions, or interruption of essential services.
19.2. In the event of a force majeure event affecting the Website, ORC shall use commercially reasonable efforts to restore service and shall notify users of any prolonged unavailability.
20. Assignment
20.1. You may not assign or transfer any rights or obligations under these Terms without the prior written consent of ORC.
20.2. ORC may assign its rights and obligations under these Terms, in whole or in part, to any successor, affiliate, or as part of a merger, acquisition, reorganisation, or sale of assets, without your consent. Your continued use of the Website after any such assignment constitutes acceptance of the assignment.
21. Notices
21.1. Any formal legal notice required or permitted under these Terms must be in writing and shall be deemed effectively given:
(a) When delivered by hand to the address in Section 25;
(b) Five (5) business days after being sent by registered or certified mail (postage prepaid, return receipt requested) to the address in Section 25; or
(c) When sent by email to the address in Section 25, provided that the sender receives confirmation of receipt (whether by read receipt, reply, or automated confirmation).
22. Survival
22.1. The following sections shall survive termination or expiration of these Terms or your use of the Website: Section 2 (Definitions), Section 3 (Intellectual Property), Section 5 (Prohibited Conduct), Section 8 (Disclaimer of Warranties), Section 9 (Limitation of Liability), Section 10 (Indemnification), Section 14 (Governing Law and Jurisdiction), and Section 18 (Entire Agreement).
23. Interpretation
23.1. The headings in these Terms are for convenience only and do not affect their interpretation.
23.2. The words "include," "including," and "such as" are illustrative and not limiting.
23.3. A reference to a section is a reference to a section of these Terms unless otherwise specified.
23.4. These Terms are drafted in English. If translated into any other language, the English-language version shall prevail in the event of any inconsistency.
24. Third-Party Beneficiaries
24.1. These Terms are intended solely for the benefit of ORC and users of the Website. Nothing in these Terms creates any right in favour of any third party, except that Rating Authorities may enforce Section 10 (Indemnification) to the extent that they are named as indemnified parties.
25. Contact
25.1. Questions regarding these Terms should be directed to:
Offshore Racing Congress Limited Sweden House, 5 Upper Montagu Street London, W1H 2AG, United Kingdom
Email: support@orc.org
© Offshore Racing Congress Limited. All rights reserved.
