These general terms and conditions, including all the appendices (incl. the price list), apply to the web service developed and maintained by SHIPSU (www.shipsu.com, hereinafter also referred to as the "Service").
The Service consists of the content submitted on the Service by the following parties:
As a user of the Service (the "Buyer" or the "Provider", hereinafter also together referred to as the "User") you acknowledge that you have read these general terms and conditions and agree to be bound by them when using the Service. You hereby further agree that you have the legal right to form legally binding contracts on behalf of yourself, or the company you represent, and become a User of the Service.
The Service is available 24 hours a day. SHIPSU, however, reserves the right to temporarily suspend the Service partially or wholly for maintenance and installation purposes, etc. SHIPSU does not warrant that the Service is error-free or uninterrupted or that it is functional at all times. Further, SHIPSU is not responsible for the operation of the Service in the event of strike, fire, telecommunications interruption, official regulatory requirement or any other force majeure event that is beyond the control of SHIPSU, its partners or subcontractors.
SHIPSU reserves the right, at any time for any reason, to edit and modify the content, appearance and structure of the Service or any part of it, including these general terms and conditions. SHIPSU strives to notify the User in advance about significant changes or interruptions in the Service that are relevant to the User (and that SHIPSU is aware of) via the Service or by using other suitable means available. The editions and modifications become effective when they are posted on the Service website (www.shipsu.com), and by continuing using the Service, the User accepts these changes.
SHIPSU is not liable for any damage or losses caused to the Buyer, to the Provider or to any third party due to the actions of other Users or third parties, or for any information system or telecommunication defects and/or interruptions, technical defects, harmful software (viruses, etc.) of operators or other third parties or any other interruptions or corrupted content involving other services.
SHIPSU reserves the right to remove any material from the Service that it deems, at its sole discretion, inconsistent with these general terms and conditions or that is illegal, contrary to good practice or otherwise harmful or detrimental to SHIPSU or the User or any third party.
SHIPSU is not responsible for the Service content or its accuracy, with the exception of the data content that SHIPSU has created itself.
The Users communicate indirectly through the material submitted on the Service or through direct interaction between the Buyer and the Provider. SHIPSU is not liable for any harm or damage to the User or to any third party arising from the Users' direct or indirect communication or other actions. The ability and responsibility to complete the desired sales transaction for the product offered through the Service lies solely upon the Buyer and the Provider. SHIPSU is not involved in the actual transaction between the Buyer and the Provider.
The User is granted the right to use the Service in accordance with these general terms and conditions. If the use of the Service requires registration, the User shall submit the identification information required on the registration form. The User will then receive a password and a username to use the Service and sign into it. The User shall not make available or disclose the username or the password to any third party. The User is responsible for any use of the Service that occurs under his or her username and password. If any third party gains access to the username or the password, the User shall notify SHIPSU immediately.
The User must own all relevant copyrights and other rights and/or have the consent of the rightful owners of the rights for all the material and other content published by the User on the Service. The User agrees not to send, transmit or link through the Service any material that infringes the proprietary-, copyright- or other rights of a third party or any material that is illegal, contrary to good practice, harmful, damaging or detrimental to the Service, SHIPSU, to another User or a third party. The User is liable and responsible for any harm and damage caused by such actions.
The User is responsible for any indirect and direct costs that it incurs from the use of the Service.
By accepting these general terms and conditions the Provider further represents and warrants that it has the right to market and sell the product it offers through the Service, that the product is certified, the certification is valid and that the product is suitable for shipping-, cruise- and maritime operations and that it doesn’t violate any third party rights. If the Provider's product does not meet these conditions, SHIPSU shall have the right to immediately remove the product listing from the Service. If SHIPSU is forced to remove the listing due to the Provider’s breach of these conditions, the Provider shall not have the right to even a partial reimbursement of the paid annual fee.
All rights, including copyrights, belong to SHIPSU or other parties who provide data for the Service. The content of the Service is copyright protected in accordance with the laws of Finland and international treaties.
No rights relating to the Service, except for the right to use the Service, shall transfer to the User. The User shall not use the Service in any manner that infringes the copy- or other rights of SHIPSU or any other parties who provide data for the Service.
The User owns the copyrights to the material it has submitted on the Service. SHIPSU, however, reserves the right to edit the material and publish the edited material free of charge in a form that is required to serve the intended purpose of the Service.
The User shall have the right to insert a link on its own website to the Service website www.shipsu.com. Any other form of linking, dissemination or publication of the Service content or any part of it requires always SHIPSU's prior written approval.
SHIPSU strives to publish the material submitted by the User on the Service as soon as possible after it has been submitted. SHIPSU reserves the right refrain from publishing material, or edit it, if it deems that it violates these general terms and conditions, is misleading, offensive or for any other reason is not suitable to be published on the Service.
The User agrees to use information about other Users and the materials they have submitted on the Service only for the purpose of exploring buying and selling opportunities through the Service.
Any activity that involves transmission of junk mail or inappropriate material to SHIPSU or the Users is prohibited. If the User becomes aware of or receives any inappropriate material through the Service, it shall notify SHIPSU about the material.
The Service consists of free and paid services. The fees are described in detail on the price list. SHIPSU reserves the right to adjust the Service fees and the billing basis by notifying the Users well in advance through the Service or by using other means that it deems suitable. SHIPSU shall have the right to adjust the fees immediately if there are changes in value added tax or other public fees and charges.
The User is bound by these rights and obligations regardless of whether the profile the User has chosen is free or paid.
The initial Service term is 12 (twelve) months (hereinafter referred to as the "Initial Term"). The Service shall automatically renew at the end of the Initial Term for successive 12-month periods unless the User terminates the Service by sending a termination notice via email to firstname.lastname@example.org at least 30 (thirty) days prior to the expiration of the Initial Term or any renewal period.
Unless separately agreed in writing between the User and SHIPSU, any Service discounts or rebates, etc. agreed between SHIPSU and the User for the Initial Term shall automatically terminate upon the expiration of the Initial Term. Thereafter, the fees described in the price list shall apply to the Service.
In the event that User has breached these general terms and conditions, acted illegally or contrary to good practice, SHIPSU shall have the right to terminate the access rights, refrain from issuing a username and a password or revoke the username and the password that has already been issued. The username and the password are deleted automatically upon the termination of the access rights.
The proprietary rights and copyrights, liabilities and limitations of liabilities stated in these general terms and conditions shall survive the termination of the contract. Regardless of the reason for the termination, the User shall be responsible for the fees that have incurred prior to the termination of the access rights.
SHIPSU reserves the right to suspend the Service wholly or partially. SHIPSU will notify, as far as practically possible, the Users well in advance about the suspension either through the Service or by using other means that it deems adequate.
The User shall not have the right to assign or transfer the access rights (including the username and the password) to any third party.
The use of the Service and these general terms and conditions shall be governed by the laws of Finland without regard to its conflict of laws provisions. All disputes arising from the Service or these general terms and conditions shall be solved before the Helsinki district court.
Oy FCR Finland Ltd doing business as "SHIPSU"
VAT ID FI23076999