The following Terms govern the usage of the Information and Data provided to the Client and its authorized Users by trusteddocks.com and its affiliates.
Subject of the Agreement
The Website provides information about current trusteddocks.com and distances between ports as well as other related information, whenever available, such as ships’ details, weather conditions, port data, shipyards, etc.
Information and Data for Internal use only
The User shall use the Information and Data for his/her own internal use only. Except as otherwise set forth herein, the User shall have no other rights with respect to the Data, including without limitation, any right otherwise to download, use, distribute, furnish or resell the Data or any portion or derivative thereof. The User may not use the Data for any illegal purpose or in any manner inconsistent with this agreement. Except as expressly permitted pursuant to this sublicense agreement, The User may not download, copy, reproduce, republish, recompile, redeliver, decompile, disassemble, reverse engineer, distribute, publish, display, modify, upload, post, transmit, create derivative works from, or in any other way create a misimpression or confusion among users with respect to sponsorship or affiliation or exploit in any way material from the Data.
Duration of the Agreement
The Service provided through trusteddocks has the duration or credit referred to in that plan (the subscription period) or purchase according to the choice of the of credit details.
If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Business Services”), you agree to trusteddocks.com and third-party processing partners storing your payment card information. You also agree to pay the applicable fees for the business Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You may cancel your business Services following the instructions in the ‘My Profile’ section. You also acknowledge that trusteddocks Business Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.
You acknowledge that a variety of trusteddocks.com actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that trusteddocks has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. However, if you are a subscriber for trusteddocks.com Business Service and find that any such modifications or interruption of the Business Service adversely affects you, you may notify us, explain the adverse impact the modification has created and, if you desire, request a termination of your Business Service. Upon receipt of any such request, we will endeavour to promptly remedy the adverse impact caused by the modification, by extending the duration of your Premium Service subscription for a period of time equal to the interruption and/or by refunding a portion of your Business Service subscription fee equal to the remaining unused term of the Business Service subscription, as we determine appropriate.
By accepting this Agreement, the User acknowledges that the information and data that he gets access to, may be of significance to national or international authorities related to navigation or with respect to sovereignty rights of one state or organization that protects such rights. trusteddocks preserves the right to cancel, reduce and/or inactivate, without previous notice, one or more accounts or geographical areas, that may fall into the scope of a national or international authorities’ prohibition or restriction of access to that information and data. In such cases, no refund or compensation of any kind shall be born in favour of the User.
One account per user
We reserve the right to refuse the creation of duplicate accounts for the same user. In a case where duplicate accounts are detected, we reserve the right to close or merge these duplicate Accounts without notification. You must not duplicate content over multiple accounts or multiple duplicate updates on one account.
No signing in on more than one device is allowed at the same time with one account. Each user is allowed to sign in to his/her account on one (1) device/browser at a time.
The data may be protected by copyright, trademark, international treaties and other proprietary rights and laws of European Union, the United States and other countries. The User agrees to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained in the Data. Unauthorised use of the data and the materials contained in the Data may violate applicable copyright, trademark or other intellectual property laws or other laws and shall be a breach of this sublicense agreement.
trusteddocks.com is not liable for any unauthorised use of the Data. The User shall remain liable for all confidential or proprietary information disclosed by The User or its affiliates as a result of any unauthorised use of the Data. trusteddocks.com may, without notice, choose to block User’s access to the Data and Services if trusteddocks has reason to believe that Data or Services are being used by an unauthorised person, in any manner inconsistent with the Terms or for other reasons deemed appropriate by trusteddocks.com in its sole discretion.
Modifications of Service
The User acknowledges and agrees that nothing in this agreement constitutes an undertaking by trusteddocks.com to provide the Information, Data or Services in its present form or under any specifications. trusteddocks.com, in its sole and absolute discretion may from time to time make additions to, deletions from, modifications to, or change the format and features of the Information, Data or Services.
The User also acknowledges that trusteddocks.com may be obliged to alter, modify or reduce the extend of Service provided through trusteddocks.com, due to the implementation of constitutional, international or private restrictions on marine trafficking systems, data or agreements. If such restriction applies to the Service in a way that may affect or impair the Premium plans of trusteddocks shall bear no responsibility and shall not be obliged to full or partial refund of any fee to the User.
To the fullest extent permitted by applicable law, none of trusteddocks.com or any of its affiliates, their members, directors, officers, employees, agents, and contractors has made or shall be deemed to have made any representations or warranties whatsoever with respect to the information, data and services provided. The services, data and information provided by trusteddocks, or any of its affiliates, their members, directors, officers, employees, agents, and contractors is provided on an “as is” basis, and trusteddocks expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, title and non-infringement. trusteddocks does not warrant that the service will be uninterrupted or error-free, that defects will be corrected. trusteddocks does not warrant or represent the use of the data in terms of its correctness, accuracy, reliability, or otherwise.
trusteddocks.com or its affiliates will not be liable or responsible in negligence or otherwise to any person not a party to this agreement for (i) any information, data or advice expressly or impliedly given by trusteddocks or (ii) any act, omission or inaccuracy by trusteddocks. Nothing in this sublicense agreement will be construed to create rights in favour of any person not a party to this sublicense agreement other than trusteddocks.com which shall be an intended third-party beneficiary of this sublicense agreement.
Neither Party shall be liable for any indirect or consequential damages and/or losses resulting from the performance of its obligations under any terms and conditions agreed upon between the Parties.
The aforementioned limitations of liability shall not be applicable where (and to the extent that) the damages result from wilful misconduct or gross negligence.
Breach of Agreement
Both parties acknowledge that any breach of this Agreement may cause irreparable harm to the other party and/or Company for which monetary damages may not be sufficient, and both agree that the other party will be entitled to seek, in addition to its other rights and remedies hereunder or at law, injunctive or all other equitable relief, and such further relief as may be proper from a court of competent jurisdiction.
If trusteddocks.com is prevented or delayed in the performance of any of its services under this Agreement by force majeure, then trusteddocks.com shall be excused from the performance or the punctual performance, as the case may be, as from the date of such force majeure occurs, for so long as such cause of prevention or delay shall continue. For the purpose of this Agreement, “force majeure” shall be deemed to be any cause affecting the performance of this Agreement arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of trusteddocks.com. Excuse from performance does not extend the duration of the provided Services to the User.
Applicable Law / Competent Courts
The present Agreement, as well as any modification or alteration on them are subject to to German Law including the European Law (the latter insofar as German law does not have priority) European Law. All the above-mentioned terms are considered as essential. Should any of the terms become against the law, it becomes inactive and is removed from the present text without affecting in any way the validity of the other terms.
All disputes arising out of or in connection with any agreement between Client and the Provider shall be finally settled by the ordinary courts of Hamburg.