Version: July 2023
1. Use of the vesseltracker.com Website
These Conditions of use (together with the documents referred to in them) set out the basis on which you may make use of the vesseltracker.com GmbH ("vesseltracker.com", ("we" or ("us") digital information services which are accessed via, though not limited to, www.vesseltracker.com and vesseltracker.com mobile applications ("the Site"), whether as a guest or to access certain vesseltracker.com products ("Products") as a permitted user under the Research Agreement(s) (or other subscription agreement(s) entered into between you or your employer or one of its affiliates ("the Client") and vesseltracker.com ("Research Agreements").
Please read these Conditions of use carefully before you start to use the Site, together with the relevant Research Agreements (if applicable), as these will apply to your use of the Site. If you do not agree to these Conditions of use, you must not use the Site.
You may print and keep a copy of these Conditions of use. They are a legal agreement between you and vesseltracker.com and can only be modified with vesseltracker.com's consent. vesseltracker.com reserves the right to change these Conditions of use without your consent, as permitted under Section 13 below.
2. Information about vesseltracker.com
vesseltracker.com GmbH is registered in Germany, Local Court Hamburg, with commercial register number HRB 98923 and has its registered office at Rödingsmarkt 20, 20459 Hamburg, Germany.
Our VAT number is DE251202658.
3. Accuracy of Information and Disclaimer
The information, data and other materials provided on the Site ("the Information") are provided for general information purposes only, and are not intended to address your particular requirements. If you require research on a specific area please email us at email@example.com. Whilst we will endeavour to keep the Information accurate, we cannot and do not guarantee the accuracy of the Information, and we accept no responsibility, and shall have no liability, for any loss or damage which may arise from using or relying on the Information. If you believe any Information is inaccurate, please let us know by contacting us at the email address set out under section 14 of these Conditions of use so that we may review the Information and update it if appropriate. The Information does not include, nor shall it be construed as including investment advice on, advice on the merits of, or a recommendation in relation to, buying, selling, subscribing for or underwriting any securities, shares or other financial investments of any kind. If notwithstanding the above you take any action or decision to buy, sell, subscribe for or underwrite any securities, shares or other financial investments, you do so entirely at your own risk and vesseltracker.com shall have no liability whatsoever for any loss, damage, costs or expenses incurred or suffered by you as a result. The Information does not constitute any form of advice or recommendation by vesseltracker.com to you and is not intended to be relied upon by you in making (or refraining from making) any specific investment or other decisions, and you should take your own advice and/or independently verify such information before relying on it.
4. Conclusion of Contract
The presentation and advertising of Products on the Site does not constitute a binding offer to conclude a contract. By registering via the Site or sending an order, e.g. by clicking the "Register trial account" button, you place a legally binding order. You are bound by your declaration of intent for a period of two weeks after submitting it.
We will confirm receipt of your registration request or order immediately by email. Such an email does not constitute a binding contractual acceptance unless, in addition to the confirmation of receipt, the acceptance is declared at the same time. A contract is only concluded when we accept your registration or order by means of a declaration of acceptance or by activating the account.
5. Intellectual Property Rights
The Information (including any information, data or other materials made available if you are accessing a Product), and all designs, text and graphics on the Site and the selection or arrangement thereof, along with all software and databases forming part of the Site and/or provided by vesseltracker.com (together, the "Materials") are owned by and are confidential to vesseltracker.com or its licensors, and are protected by copyright, database rights and other intellectual property rights throughout the world.
All copyright, database rights and other intellectual property rights in the Materials are and shall remain vested in vesseltracker.com or its licensors, and except as expressly provided or granted to you or the Client by vesseltracker.com pursuant to a Subscription Agreement or otherwise, you or the Client will not acquire any right, title or interest in or to the Materials and no such rights are or shall be implied.
For the avoidance of any doubt, where accessing the Products via Citrix, a remote access software, such access shall be additionally subject to Microsoft’s End User Licence Terms.
More generally, by accessing any Product, you thereby warrant and represent that you have taken all requisite actions and obtained all necessary third party consents and licences to enable you to: (a) receive the benefit of the Products and (b) fulfil your obligations under the Research Agreement.
Where any of the Materials contain or have affixed to them trade marks, trade names, notices or other proprietary marks of vesseltracker.com or its licensors, you may not alter, obscure, remove, interfere with or add to any of the said trade marks, trade names, notices or proprietary markings.
If you are accessing a Product made available on the Site, you may use the Materials contained in the Product in accordance with the terms of the applicable Research Agreement. If you wish to use such Materials for other purposes, you may only do so if you have first obtained vesseltracker.com's prior written consent (which vesseltracker.com may withhold in its absolute discretion). You may be held responsible for any infringement of vesseltracker.com's intellectual property rights that arise out of or are connected with your granting any unauthorised user access to any Products made available on the Site.
For all other Materials made available on the Site, you may view, download and print such Materials for your own personal and private use provided that they are not altered or changed in any way and are not used, in whole or in part, in any other publication, in whatever medium. Otherwise, the Materials on the Site may not be stored, copied, reproduced, transmitted or otherwise made available on any network or in any other medium, in whole or in part, without the prior written consent of vesseltracker.com.
Where the Materials comprise any software, you may not decompile, disassemble or reverse engineer any object code of such software, save to the extent expressly permitted by Section 69d of the Act on Copyright and Related Rights (Urheberrechtsgesetz – UrhG).
6. User Generated Content
Users of the vesseltracker.com Community may post, upload and/or otherwise contribute content to the Community, such as nicknames, profile pictures, photos of vessels, ratings and other content ("User Generated Content"). For the avoidance of doubt, the term "User Generated Content" includes any content that you enter, post or upload to the Site.
(a) you own or have the right to post the User Generated Content; and
(b) the User Generated Content does not violate any applicable laws or intellectual property rights, rights of privacy or other rights of third parties.
In this respect, you act on your own responsibility.
We may monitor, review or edit User Generated Content, but are under no obligation to do so. As between you and vesseltracker.com, vesseltracker.com shall not be liable for the removal of any User Generated Content posted by other users. We reserve the right to remove your User Generated Content or block access to User Generated Content for good cause. Legitimate reasons may include, but are not limited to, our obligation to protect the rights, property or safety of other users or any other person, the violation of these Conditions of use or applicable laws or regulations by User Generated Content, or the possible infringement of third party rights. To the extent that your User Generated Content is affected by removal, we will, where appropriate, notify you prior to its removal.
You are solely responsible for all User Generated Content that you post on the Site. We are not responsible for User Generated Content or any opinions expressed thereon. In the event that a claim is made against vesseltracker.com based on content you have posted, you agree to indemnify us for any loss (including reasonable legal fees) suffered by us as a result of such claim. This does not apply if you are not at fault for the infringement.
7. Linking Policy
Where the Site contains links to other websites and resources provided by third parties, please understand that these are independent from vesseltracker.com and that vesseltracker.com has no control over the content of such websites or resources. Whilst vesseltracker.com believes such websites and resources may be of interest to you, vesseltracker.com does not endorse or accept any responsibility for the content or the use of such websites and resources. Use of these links is therefore made at your own risk and vesseltracker.com accepts no liability for any linked websites or resources. You must also take your own precautions to ensure what is selected is free from any viruses, worms, Trojan horses or other items of a destructive nature.
You may link to our home page, but only provided you comply with the following provisions. In linking to our home page you must 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 when none exists. You must not establish a link from any website that it not owned by you. The Site must not be framed on any other website, nor may you modify the Site when linking to it. If a title for the link is used, a suggested title is "Fundamental data for global shipping - vesseltracker.com". The website from which you are linking must not be indecent or inappropriate or unlawful, or in any way incompatible with the reputation of vesseltracker.com. vesseltracker.com will not be responsible for the content of any linked website.
vesseltracker.com reserves the right, at any time, to withdraw linking permission without notice and to require you to remove any existing links.
8. Limitation of Liability
Nothing in these Conditions of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied.
Subject to the provisions above, vesseltracker.com will not be liable for the following types of loss or damage from claims arising out of or relating to these Conditions of use, howsoever caused and whether such claims are based on negligence, breach of contract, strict liability, breach of statutory duty or otherwise:
(a) loss of profits, business, contracts, revenue, goodwill or anticipated savings (whether such loss is direct or indirect, foreseeable or otherwise); or
(b) indirect or consequential loss.
Different limitations and exclusions of liability apply to the accessing of Products on the Site, which are set out in the relevant Research Agreements granting the right to access those Products.
9. Security and Right of Access to the Products
Where you have been provided with a user name and password in order to access and use a Product, you are solely responsible for all use of the said user name and password, and must ensure they are kept confidential at all times. You may not share the user name and password with or transfer them to any third party, including any other employees of the Client. You must notify vesseltracker.com immediately if you become aware of any unauthorised use of your user name and password or any other breach of security regarding access and use of the Products that becomes known to you.
Access and use of each Product from the Site is limited to the authorised users and locations as specified in the relevant Subscription Agreements. If your entitlement to access and use a Product is the result of the Client entering into a Subscription Agreement with vesseltracker.com, you have no independent right to access and use the Products, and your right to access and use the Products will cease when your employment with the Client terminates, or when the Client terminates its Subscription Agreements with vesseltracker.com. You and the Client shall be responsible for notifying vesseltracker.com of the termination of your employment, and for any unauthorised use of the Products by you after your employment with the Client ceases.
vesseltracker.com does not guarantee that the Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform in order to access the Site. You should use your own virus protection software.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the 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 German Criminal Code. vesseltracker.com 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 the Site will cease immediately.
11. Privacy and Cookies
12. Governing Law and Jurisdiction
These Conditions of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of The Federal Republic of Germany. Both parties agree to the exclusive jurisdiction of the German courts, except that vesseltracker.com may pursue injunctive relief or similar to enforce the provisions of these Conditions of use in any appropriate forum. If you have registered as a consumer and have your habitual residence in a country other than Germany at the time of your registration, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1 and the agreement on the place of jurisdiction made in sentence 2.
To the extent that you access and use any Products made available on the Site, you acknowledge that you are bound by the terms of the Subscription Agreement(s) which have been entered into by yourself or the Client.
Any formal legal notices to vesseltracker.com must be sent by first class post (receipt requested) or confirmed by fax to the address set out under section 14 below.
Failure by vesseltracker.com to enforce a right does not result in a waiver of such right.
If any provision in these Conditions of use is deemed to be invalid, illegal or unenforceable, the rest of these Conditions of use will remain in full force and effect.
14. Further Information
Further information on these Conditions of use or any queries on them are available by contacting vesseltracker.com using any of the detail below:
Email address: firstname.lastname@example.org