Last updated on 23/11/2022

 

MARITIME DATA – CUSTOMER TERMS AND CONDITIONS

 

These terms govern your use of the Maritime Data digital platform, accessible at our website www.maritimedata.ai & www.maritimedata.moxo.com (Platform) and any goods or services made available through the Platform. By using the Platform, you agree to be bound by these terms as a contract between you, (the Customer) and us, Maritime Data Ltd, a company registered in England and Wales with company number 14319762 (Maritime Data, we, us or our). 

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When we talk about the “Services” in this agreement, we are referring to our mobile applications available on the Apple iOS Store and the Google Play Store, our website and any associated services we offer.

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We may modify these terms from time to time. If we do, we will update these terms on our website. If you continue to use the Platform after we modify these terms, you'll be taken to have agreed to these terms as modified.

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If you access or download our mobile application from the Apple App Store, you agree to Apple’s Licensed Application End User License

Agreement and any Usage Rules set forth in the App Store Terms of Service [Optional (if Android mobile app): or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.]

 

We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

 

Please read through these terms carefully before using the Platform. If you don't agree to these terms, please don't use the Platform.

1. ACCOUNT

   1. ELIGIBILITY

      1. This Platform is intended for persons over the age of 18 years old. By using the Platform, or otherwise engaging with the content on the Platform, you represent and warrant that you are at least 18 years old, have the legal capacity to enter into a binding legal agreement with us and you agree to be bound by these terms.

      2. Please do not access the Platform if you are under the age of 18 years old or if you have previously been suspended or prohibited from using the Platform.

      3. If you use the Platform on behalf of a company or organisation you acknowledge and agree that you have the necessary authority from that company or organisation to do so. If you are using the Platform not as an individual but on behalf of your company, your employer or other legal entity (Represented Entity), then “you” means the Represented Entity and you are binding the Represented Entity to these terms. If you are accepting these terms on behalf of a Represented Entity, you represent and warrant that you are authorised to do so. 

   2. REGISTERING FOR AN ACCOUNT

      1. To use the Platform, you will need to register for an account (Account).

      2. As part of the Account registration process and as part of your continued use of the Platform, you will need to provide personal information and details, such as your first and last name, business name, business address, business email, phone number and other information as determined by us from time to time. You will also need to provide us with a username and a secure password.

      3. You warrant that any information you give to us in the course registering for an Account will always be accurate, honest, correct and up-to-date.

   3. SUSPENSION AND CANCELLATION OF ACCOUNT

Without limiting any other provision of these terms, we may, in our discretion, cancel your Account for any reason, including for any failure by you to comply with these terms

1. CUSTOMER OBLIGATIONS

You agree:

1. by signing up to the Platform, you intend on obtaining and purchasing Supplier Services from a Supplier;

2. not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;

3. to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Maritime Data of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;

4. to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using the Platform:

   1. in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and

   2. in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Maritime Data;

5. not to act in any way that may harm the reputation of Maritime Data or associated or interested parties or do anything at all contrary to the interests of Maritime Data or the Platform;

6. not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Maritime Data;

7. that Maritime Data may change any features of the Platform or Services offered through the Platform at any time without notice to you;

8. that information given to you through the Platform, by Maritime Data or another User including a Supplier, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and

9. that Maritime Data may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 2.

1. PAYMENT

   1. You can elect to make payments under a Contract:

      1. direct to a Supplier (Direct Payment); or

      2. via Maritime Data, who will then make the payment less our Commission Fee to the Supplier (Payments via MD).

   2. You must advise Maritime Data in writing as to whether you wish to make Direct Payments or Payments via MD.

   3. If you elect to make Payments via MD, you acknowledge and agree that the following process will apply:

      1. the Supplier will provide you with an invoice for payment;

      2. you will make the payment of the relevant invoice to Maritime Data via a payment method as agreed in writing (Customer Payment);

      3. once Maritime Data receives the Customer Payment, Maritime Data will pay to the Supplier the Customer Payment within 30 days of receiving the Customer Payment.

   4. If you elect to make Payments via MD you acknowledge and agree that we receive the Customer Payment on the Supplier’s behalf as their agent and we remit that Customer Payment to them.

2. DISCLAIMER

You acknowledge and agree that:

1. Maritime Data shall act as an introducer and intermediary between Suppliers and Customers for the purposes of making arrangements to fulfil service offerings regarding Supplier Services. Maritime Data simply collects a Commission Fee from the Supplier in consideration of providing this introduction service and does not have any obligations or liabilities to the Supplier or Customer in relation to such services or otherwise resulting from the introduction;

2. Maritime Data is not a party to any negotiations between a Supplier and Customer; and

3. Maritime Data is not a party to any contract or agreement between a Supplier and Customer.

Maritime Data will provide you with Suggested Suppliers based on the information you provide and the Supplier Information..

1. POSTED MATERIAL

   1. WARRANTIES

      1. By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:

         1. you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);

         2. the Posted Material is accurate and true at the time it is provided;

         3. any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;

         4. the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;

         5. the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;

         6. the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;

         7. the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and

         8. the Posted Material does not breach or infringe any applicable laws.

   2. LICENCE

      1. You grant to Maritime Data a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Maritime Data to use, exploit or otherwise enjoy the benefit of such Posted Material.

      2. If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Maritime Data from any and all claims that you could assert against Maritime Data by virtue of any such moral rights.

      3. You indemnify Maritime Data against all damages, losses, costs and expenses incurred by Maritime Data arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.

   3. REMOVAL

      1. Maritime Data acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Maritime Data may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.

      2. You agree that you are responsible for keeping and maintaining records of Posted Material.

2. SERVICE LIMITATIONS

The Platform is made available to you strictly on an 'as is' basis. Without limitation, you acknowledge and agree that we cannot and do not represent, warrant or guarantee that:

1. the Platform will be free from errors or defects;

2. the Platform will be accessible at all times;

3. any information sent through the Platform will be delivered promptly, or delivered at all;

4. information you receive or supply through the Platform will be secure or confidential; or

5. any information provided through the Platform is accurate or true.

1. INTELLECTUAL PROPERTY

   1. We retain ownership of all materials developed or provided (or both, as the case may be) in connection with the Platform (including text, graphics, logos, design, icons, images, functionality, pricing and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by us.

   2. You must not reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without our prior written consent or as permitted by law.

   3. In this clause 6, "Intellectual Property Rights" means all copyright, trade mark, design (including website design and functionality), patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms in Australia and throughout the world.

2. LINKED BUSINESSES

You acknowledge and agree that:

1. the Platform provides links and introductions to Suppliers owned and operated by third parties that are not under the control of Maritime Data;

2. the provision by Maritime Data of introductions to Suppliers does not imply any endorsement or recommendation by Maritime Data of any Supplier;

3. Maritime Data does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Supplier who uses or is listed on the Platform; and

4. any terms and conditions relating to a Contract, proposal or quote provided via the Platform constitute a contract between you and the Supplier and do not involve Maritime Data in any way.

1. RATINGS AND REVIEWS

   1. Customers may rate a Supplier (Rating) and/or may provide feedback to Suppliers regarding the services Customers received from them (Review).

   2. Customers’ Ratings and Reviews can only be viewed by the Supplier the Rating or Review applies to.

   3. Customers must only provide true, fair and accurate information in their Reviews.

   4. If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or ban the relevant Customer from posting further Reviews. We do not undertake to review each Review made by Customers.

   5. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

   6. You may not publish Reviews of Suppliers to whom you have a personal or professional relationship (separately from the Platform).

   7. You may only write a Review about a Supplier if you have had a service experience with that Supplier, which means that:

      1. you have purchased a service from that Supplier through an introduction via the Platform; or

      2. you can otherwise document your use of the Supplier’s service, including via correspondence or other interaction with the Supplier via the Platform,

(collectively referred to as a Service Experience).

1. You may only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.

2. You may not write a Review about a Supplier you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Supplier, or work for the Supplier. Similarly, you may not write a Review about a direct competitor to the Supplier you own, are employed by or work for.

3. You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Supplier to write a Review, you should include information about this in your Review. Incentives include the Supplier offering you a gift, reward, discount or advantage for writing a Review about the Supplier.

1. THIRD PARTY CONTENT

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Maritime Data accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

1. DISPUTES with SUPPLIERS

   1. Any dispute relating to a Supplier should be directed to the Supplier. You must take all reasonable steps to resolve any dispute with a Supplier with that Supplier.

   2. If any issue or problem relating to the Platform remains unresolved after directing a complaint to the relevant Supplier, or if the complaint does not relate to a Supplier, you must report it to Maritime Data via info@maritimedata.ai. We will assess the complaint and attempt to quickly and satisfactorily resolve it.

   3. Any costs you incur in relation to a complaint or dispute will be your responsibility.

   4. We reserve the right to hold funds in relation to a dispute until the dispute is resolved and to disperse funds held at our discretion.

   5. If you have a dispute with Maritime Data, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.

   6. You acknowledge and agree that any losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) incurred in relation to a dispute with a Supplier will be your responsibility.

2. SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, your personal data being stolen, malicious computer code or any other forms of interference and cyber-attacks.

1. RECORD Keeping

To the maximum extent permitted by law, we reserve the right to keep all records of any and all transactions and communications made through the Platform between you and any Supplier for administration purposes and also hold the right to produce these records in the event of any legal dispute.

1. Liablity and INdemnity

   1. DIRECTORY SERVICE

      1. The Platform is a medium that facilitates the introduction of Suppliers to Customers requiring the Services. We collect a service fee in consideration for providing this introduction service and we do not have any obligations or liabilities to, and are not a party to any contract between, Suppliers, or Customers (including you).

      2. You acknowledge and agree that:

         1. Suppliers are owned and operated by third parties that are not under our control; and

         2. any terms and conditions relating to supplies provided through the Platform constitute a contract between you and the Supplier and do not involve us in any way.

   2. LIMITATION OF LIABILITY

      1. Nothing in these terms shall exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.

      2. To the maximum extent permitted by applicable law, we exclude completely, or if held unenforceable, our maximum aggregate liability to you will be £100 for, all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from, in connection to or relating in any way the Platform. This includes the transmission of any computer virus, use of your personal data by unauthorised parties and any other form of loss or damage that may arise from a cyber-attack of any form.

   3. WARRANTIES

We make no representation, guarantees or warranties as to the effectiveness of the Platform. All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.

1. INDEMNITY

You agree to indemnify us and our employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives':

1. breach of these terms; or

2. use of the Platform.

3. CONSEQUENTIAL LOSS

To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, these terms or their subject matter (except to the extent this liability cannot be excluded under applicable law).

1. UNFAIR CONTRACT TERMS

To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these terms including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.

1. PRIVACY POLICY

To understand how we collect, use and handle your personal information, please read our privacy policy https://www.maritimedata.ai/privacy-policy

By accepting these terms and conditions, you agree to be bound by the clauses in our Privacy Policy.

1. CONFIDENTIALITY, DATA & PRIVACY

   1. DATA PROTECTION

      1. Words and phrases in this section shall have the meaning given to them by applicable data protection and privacy laws, including the General Data Protection Regulation 2016/679 (GDPR) and applicable national legislation that implements or supplements the GDPR or otherwise applies to data protection and privacy, and any statutory instrument, order, rule or regulation made thereunder, as from time to time amended, extended, re-enacted or consolidated (Data Protection Legislation) and the terms “controller”, “processor”, “process” and “personal data” shall have the meanings given to those terms in such Data Protection Legislation.

      2. During and after the delivery of the Services, the Customer agrees that Maritime Data will be processing personal data for its own purposes and as such will be a controller under the Data Protection Legislation and this includes (but is not limited to) the following purposes:

         1. Maritime Data providing Services to you;

         2. Maritime Data and/or our independent contractors and third party Customers may use the contact details of the Customer and the Customer’s representatives to send marketing materials or other publications.;

         3. Maritime Data may process personal data concerning its other clients and contacts in other ways for its own business purposes;

         4. Maritime Data may process and transfer personal data as necessary to effect a re-organisation of its business; and

         5. Maritime Data may share personal data with other legal or professional advisers used by us to provide the Customer with legal or professional services.

      3. During and after the delivery of Services, there may be limited occasions where Maritime Data may process on the Customer’s behalf as a processor any personal data the Customer have provided to Maritime Data. Maritime Data will advise the Customer in writing where Maritime Data believes Maritime Data may act as a processor and any such processing shall be in accordance with, and subject to, the Customer’s instructions.

      4. Before performing the processing, Maritime Data shall document within the instructions the subject matter and duration of the processing, the nature and purpose of the processing, the types of personal data and categories of data subjects and the other terms prescribed by the Data Protection Legislation. Maritime Data will ensure that all appropriate technical and organisational measures are taken to protect any personal data supplied by the Customer to Maritime Data against unauthorised or unlawful processing, accidental loss, destruction or damage, including when Maritime Data subcontract any processing (for example, in the case of external storage of data).

      5. The Customer’s instructions are taken to include the use by Maritime Data, where appropriate, of independent contractors and third party Customers appointed by us for functions such as data and file storage, back-up, destruction, billing, debt collection, legal processing and the like, in accordance with the foregoing.

      6. By accepting this agreement the Customer gives positive consent for Maritime Data to obtain, store and process information about the Customer as described in the preceding paragraphs. The Customer agrees that where necessary the Customer will have satisfied relevant statutory ground under the Data Protection Legislation in connection with the above-described categories of processing, before providing Maritime Data with personal data. It is also a term of this agreement that any personal data supplied by Maritime Data to the Customer about employees/independent contractors of Maritime Data and/or any third parties may only be used for the express purposes for which that information is provided to the Customer.

      7. Each party shall comply with the terms of the Data Protection Legislation.

   2. THIRD PARTY DATA

      1. The Customer warrants, in relation to the personal information and all other data that it provides to Maritime Data in connection with this agreement (Third Party Data), that:

         1. the Customer has all necessary rights in relation to Third Party Data, such that the Services can be performed in respect of that data;

         2. the Customer is not breaching any Law by providing Maritime Data with Third Party Data;

         3. Maritime Data will not breach any Law by performing the Services in relation to any Third Party Data;

         4. there are no restrictions placed on the use of the Third Party Data (including by any Third Party Terms) and if there are any such restrictions, the Customer has notified Maritime Data of this, and Maritime Data has agreed to perform the Services in respect of that data (being under no obligation to do so); and

         5. Maritime Data will not breach any Third Party Terms by performing the Services in relation to any Third Party Data.

      2. The Customer agrees at all times to indemnify and hold harmless Maritime Data and its officers, employees and agents from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those parties, where such loss or liability was caused or contributed to a breach of a warranty in clause 15.2(a).

   3. CONFIDENTIAL INFORMATION

The parties will not, during, or at any time after, the Term, disclose Confidential Information directly or indirectly to any third party, except:

1. with the other party’s prior written consent;

2. as required by Law; or

3. to their Personnel on a need to know basis for the purposes of performing its obligations under this Agreement (Additional Disclosees).

4. BREACH

If either party becomes aware of a suspected or actual breach of clause 15.3 by that party or an Additional Disclosee, that party will immediately notify the other party and take reasonable steps required to prevent, stop or mitigate the suspected or actual breach. The parties agree that damages may not be a sufficient remedy for a breach of clause 15.3.

1. PERMITTED USE

A party may only use the Confidential Information of the other party for the purposes of exercising its rights or performing its obligations under this Agreement.

1. RETURN

On termination or expiration of this Agreement, each party agrees to immediately return to the other party, or (if requested by the other party) destroy, any documents or other Material in its possession or control containing Confidential Information of the other party.

1. ADDITIONAL DISCLOSEES

Each party will ensure that Additional Disclosees keep the Confidential Information confidential on the terms provided in this clause 15. Each party will, when requested by the other party, arrange for an Additional Disclosee to execute a document in a form reasonably required by the other party to protect Confidential Information.

1. CANCELLATION

   1. CANCELLATION BY YOU

You may cancel your Account at any time through the Platform.

1. CANCELLATION BY US

   1. To the extent permitted by law, we reserve the right to cancel your Account at any time without notice, for any reason.

   2. We may also cancel your Account at any time without notice if you breach any provision of these terms.

2. EFFECT OF CANCELLATION

Upon cancellation or termination of your Account, we may retain or delete any data and material associated with your Account. If deleted, you will not be able to recover any of your data and material. We will not be responsible to you for, and expressly exclude any liability for, any cost, loss, damages or expenses arising out of, in correction to or in relation to the cancellation or termination of your Account.

1. NOTICES

   1. A notice or other communication to a party under these terms must be:

      1. in writing and in English; and

      2. delivered via email to the other party, to (in our case) our contact email address set out on the Platform and (in your case) the email address associated with your Account (collectively the Email Address).

   2. Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:

      1. 24 hours after the email was sent; or

      2. when replied to by the other party,

whichever is earlier.

1. GENERAL

   1. GOVERNING LAW AND JURISDICTION

This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

1. THIRD PARTY RIGHTS

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

1. WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

1. SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

1. JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

1. ASSIGNMENT

You cannot assign, novate or otherwise transfer any of your rights or obligations under these terms without our prior written consent.

1. ENTIRE AGREEMENT

These terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in connection to the subject matter of these terms.

1. THIRD PARTY CONTENT

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

1. INTERPRETATION

   1. (singular and plural) words in the singular includes the plural (and vice versa);

   2. (gender) words indicating a gender includes the corresponding words of any other gender;

   3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

   4. (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

   5. (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

   6. (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

   7. (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

   8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;

   9. (includes) the word "includes" and similar words in any form is not a word of limitation; and

(adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
 

 20. DEFINITIONS

In these terms and conditions, the following words and phrases have the following meaning:

 

Term: Confidential Information

Meaning: Information of, or provided by, a party that is by its nature confidential information, is designated as confidential, or that the recipient of the information knows or ought to know is confidential (including all commercial information exchanged between the parties), but does not include information which is, or becomes, without a breach of confidentiality, public knowledge.

 

Term: Contract

Meaning: Means a contract agreed to between the Supplier and the Customer for the provision of Supplier Services

 

Term:Personnel

Meaning: Employees, secondees, agents and subcontractors (who are individuals), including employees and contractors (who are individuals) of subcontractors.

 

Term: Price

Meaning: As relevant, the price for the Supplier Services as set out in the Contract.

 

Term: Supplier

Meaning: Means a user of the platform and supplier of the Supplier Services.

 

Term: Supplier Services

Meaning: Means maritime data, applications and research services provided by the Supplier.

 

Term: User

Meaning: Means a user of the Platform