Terms of Service and Use
If you are a supplier or service provider, the “Supplier and Service Provider Terms” will apply, in addition to the “SeaSearch General Terms of Service”.
SeaSearch General Terms of Service
These General Terms of Service (the “Terms”), as may be modified or amended periodically by SeaSearch, is a legally binding agreement made by and between SeaSearch and you, personally and, if applicable, on behalf of the entity of whom you are using any of SeaSearch’s products or services (the “Services”). These Terms were last updated on September 1st, 2018 and are effective between you and SeaSearch as of the date when you access or use any part of the Services.
BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN WAIVER OF CLASS-ACTION RIGHTS AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE ANY SERVICE. UNLESS OTHERWISE EXPRESSLY STATED, SEASEARCH DISCLAIMS ANY AND ALL WARRANTIES WHETHER PROVIDED BY SEASEARCH, ITS AFFILIATES OR ITS RESPECTIVE EMPLOYEES AND AGENTS.
1. About the Services and the Terms
1.1 The Services
The Services allow users to, among other things, find and compare services, repairs and supplies. The Services may provide paid listings, [advertisements or other sponsored information]. [The Services may also commingle sponsored information with general, unpaid search results and may not distinguish between these two categories of information. Sponsored listings or other advertisements may also be given priority in display over unpaid listings.]
To use the Services, you must be, and represent and warrant that you are, of legal age (18 years and over) and of legal competence to enter into a binding agreement with SeaSearch, and are not otherwise prohibited from using or receiving the Services in accordance with these Terms. By using the Services on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Service constitutes their acceptance of these Terms.
SeaSearch provides Services to both procurers and suppliers and service providers. Services relating to suppliers and service providers are subject to additional terms, which are listed below or presented to you when you use such Services.
1.3 Nature of Services
SeaSearch provides Services that are, unless otherwise expressly stated, advertising sites and services. SeaSearch displays advertising on behalf of suppliers and service providers and SeaSearch relies on those suppliers and service providers for the accuracy, completeness and honesty of that advertising. Under no circumstances does SeaSearch endorse and/or have any other connection with the suppliers and service providers that advertise with us.
1.4 Changes to Terms
SeaSearch may periodically modify and supplement these Terms. If such changes are considered material, SeaSearch will inform you about the changes by e-mail, and the changes will take effect one month after such e-mail has been sent. Your continued use of our website or Services after such changes will constitute acknowledgment and acceptance of the modified Terms.
2. Using the Services
2.1 Grant of Rights
Subject to your compliance with the terms and conditions of these Terms, SeaSearch grants you a limited, non-exclusive right to use the Services, and any content and materials made available to you in connection with your use of the Services, only for non-commercial, informational purposes and for such other purposes (and subject to such further limitations) as may be provided in these Terms (including any additional terms applicable to a particular Service) or any instructions for use that SeaSearch may provide from time to time.
You may stop using the Services at any time, except to the extent that you agree otherwise in the use of particular Services offered on a subscription or similar basis. SeaSearch may terminate your access to the Services in whole or in part, if it reasonably believes you have breached these Terms, or any other related terms, guidelines or policies. Following termination, you will not be permitted to use the Services. If your access to the Services is terminated, SeaSearch may exercise whatever means it deems necessary to prevent unauthorized access to the Services, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet service provider. These Terms will survive indefinitely unless and until SeaSearch chooses to terminate them, regardless of whether any account you open is terminated by you or SeaSearch or whether you continue to use or continue to have the right to use the Services.
2.3 Intellectual property
Using the Services does not give you ownership of or any rights to any materials or content that may be provided to you in connection with your use of the Services, all of which is owned by SeaSearch, its licensors, or other entities, and is protected by copyright and other intellectual property rights. Except as expressly set forth in these Terms, you may not use, display, perform, copy, reproduce, represent, adapt, create derivative works from, distribute, transmit, sublicense or otherwise circulate by any means whatsoever any materials or content made available to you in connection with your use of the Services, without express permission from the owner or SeaSearch (as applicable). Using the Services does not give you any rights to use any trademarks, service marks, trade dress, trade names, or the like (“SeaSearch Marks”), used in connection with the Services, without express permission from the owner. Violation of the aforementioned may result in civil and/or criminal sanctions.
2.4 Unauthorized Use of Marks
Altough SeaSearch protects and defends its rights in its intellectual property, it may not be aware of unauthorized use of SeaSearch Marks by a third party; accordingly, do not rely upon any third party’s use of any SeaSearch Marks in determining whether a third party is affiliated with SeaSearch, as such use may be unauthorized.
2.5 Prohibited conduct
You may use the Services and any materials or content made available to you in connection with your use of the Services only as expressly permitted by these Terms and only in a manner that does not interfere with SeaSearch’s right or ability to provide the Services or any third party’s right or ability to use or enjoy the Services. Without limitation, you may not:
I) infringe, violate, or transgress any right of any party;
II) attempt to bypass, disrupt or interfere with the security, provision or use of the Services;
III) impersonate another person or entity, misrepresent your affiliation with a person or entity (including SeaSearch), or use a false identity;
IV) attempt to obtain unauthorized access to the Services;
V) engage, directly or indirectly, in any type of unsolicited communication;
VI) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Services;
VII) submit false or misleading information to SeaSearch;
VIII) violate any law, rule, or regulation;
IX) use any SeaSearch Marks or other portion of the Services (including in connection with meta tags or other “hidden text”) in advertising, promotions, or for other commercial purposes;
X) use the seasearch.dk domain name or any domain name that is confusingly similar to this or another SeaSearch domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service;
XI) link to or “frame” any SeaSearch website (including deep linking to a specific portion of any SeaSearch website) or overlay content on the Services;
XII) conduct script searches or use search results of the Services in a manner that results in the automated display of any material or other information on a third party website;
XIII) use the Services to compile information about a product or service for use in connection with a listing for a competitive product or service;
XIV) take any action that may undermine the ratings or review or similar process(es) under the Services; or
XV) assist any third party in engaging in any activity prohibited by these Terms. SeaSearch reserves the right, but not the obligation, to monitor the Services for the purpose of determining that your usage is in compliance with these Terms.
SeaSearch may change or discontinue any of the Services at any time without notice or liability to you or any third party.
4. DISCLAIMERS, EXCLUSIONS, LIMITATIONS, AND INDEMNITY
4.1 DISCLAIMER OF WARRANTIES
SEASEARCH PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE BASIS”. SEASEARCH DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THEIR USE, ANY INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, DELAYS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OG SOFTWARE YOU USE. SEASEARCH MAKES NO WARRANTIES OTHER THAN THOSE EXPRESSLY IN THESE TERMS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMIATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTIBILITY AND NON-INFRINGEMENT. SEASEARCH MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD PARTY MATERIALS, INFORMATION, GOODS, OR SERVICES, WHETHER RECEIVED OR ACCESSED VIA ANY LINKS PROVIDED BY OR IN CONNECTION WITH THE SERVICES OR OTHERWISE. SEASEARCH MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED FROM SEASEARCH OR ANY THIRD PARTY AS A RESULT OF USING THE SERVICES.
4.2 EXCLUSION OF DAMAGES
SEASEARCH WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION,, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, INCLUDING WITHOUT LIMIATION, THE COST OF ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED AS A RESULT OF USING THE SERVICES.
4.3 LIMITATION OF LIABILITY
IN NO EVENT WILL THE AGGREGATE LIABILITY OF SEASEARCH ARISING FROM, RELATING TO, OR IN CONNECTION WITH THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (I) AMOUNTS THAT YOU PAID SEASEARCH FOR YOUR USE OF THE SERVICES; (II) DKK 10.000; OR WITH RESPECT TO SERVICES SUBJECT TO ADDITIONAL TERMS, THE AGGREGATE LIABILITY AMOUNT SPECIFIED IN SUCH ADITIONAL TERMS.
You agree to indemnify, defend and hold SeaSearch and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers, and shareholders (“Indemnified Parties”) harmless from any damage, loss, cost, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand, or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by you of any provision of these Terms or (ii) arising from, related to, or connected with your use of the Services. If you are obligated to provide indemnification pursuant to this provision, SeaSearch may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise, or in any other manner dispose of any Claim without the consent of SeaSearch.
4.5 Force Majeure
SeaSearch will not be liable for failing to perform under these Terms because of any event beyond its reasonable control.
5. Governing law and venue
5.1 These Terms and the governance, enforcement and performance hereof will be governed, construed, and applied in all respects by the laws of Denmark without regard to any provision governing conflicts of law.
5.2 In the event of any dispute or disagreement arising under or in connection with these Terms or the Agreement (including a dispute or disagreement as to the validity of the Terms or the Agreement), such dispute or disagreement will be referred to and resolved under the exclusive jurisdiction of the Danish courts.
6.1 These Terms supersedes all prior and contemporaneous agreements and understandings between you and SeaSearch relating to the Services. You may not transfer your rights or obligations under these Terms without the prior written consent of SeaSearch. SeaSearch may freely do so, in whole or in part. These Terms will be binding upon the successors and permitted assigns of you and Sea Search.
6.2 A party’s failure or delay in exercising any right, power or privilege under these Terms will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under these Terms. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect. These Terms does not create any third party beneficiary rights.
6.3 These Terms will be interpreted as if equally drafted by SeaSearch and you.
6.4 You and SeaSearch are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by these Terms.
6.5 The terms “includes” or “including” mean “includes, but is not limited to” and “including, but not limited to” respectively.
7. Contact information
If you have any questions or comments about these Terms as outlined above, you can contact us at:
Phone: +45 51 20 55 16
Company reg. no.: DK38961276
Supplier and Service Provider Terms
IF YOU REGISTER AS A SUPPLIER OR SERVICE PROVIDER, THEN IN ADDITION TO THE PROVISIONS OF THE SEASEARCH GENERAL TERMS OF SERVICE, THE FOLLOWING ADDITIONAL TERMS WILL APPLY TO YOUR USE OF THE SERVICES.
1. When registering as a Supplier or Service Provider, you will be visible on the website, and the quality and efficiency in your work, products and services is proven through the ratings performed by users and customers, which is made available to the ship operator, when searching through the suppliers and service providers.
2. SeaSearch provides you with port based statistics and market information, making it possible to plan business activities in the individual ports and to identify new potential business opportunities.
3. Prices. The prices can be acquired by e-mail. The prices may be changed by SeaSearch at any time subject to 90 days’ notice which will be sent to you by e-mail.
4. Payment and invoicing. Subscriptions are invoices yearly in advance and are payable by bank transfer or credit card. You must provide us with valid and updated credit card information when registering at SeaSearch with your credit card. You authorize us to recurrently charge such credit card or bank account for the Services you have accepted to buy. We will draw each year’s subscription fee including any applicable VAT in January. If you pay by credit card, we will defray all transaction fees.
5. You are solely responsible for keeping your password and all other account information confidential and for all use of your username and password, including, without limitation, any use by any unauthorized third party. It is your responsibility to maintain the security of your device(s) from unauthorized access.
6. SeaSearch employees will never ask for your password. If you are asked for your password, or if you believe someone may have obtained your password, you must contact SeaSearch customer service.
8. Term and Termination. These Supplier and Service Provider Terms shall be effective as of the commencement date and shall be in force for one year and then subsequently be automatically renewed for and prolonged by one (1) year, unless terminated in accordance with this Clause 8 (the “Supplier Term”). You shall be entitled to terminate these Supplier and Service Provider Terms by giving three (3) months’ prior written notice to the end of a calendar year. SeaSearch, in its sole and absolute discretion, may terminate access to your account for any reason (including reasons related to unlawful or unauthorized usage). SeaSearch has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.