OSV Finder TERMS AND SERVICES
OSVF SAS (called hereinafter 'OSVF') is a Company (RCS Paris n° 820 473 759), organized under the laws of France, based in Marseille, 106 chemin de la colline Saint Joseph, Les Jardins d’Eden, Villa C (13009).
OSVF has developed OSV Finder, a new Web Application, which aims at providing an innovative and novel service to the players of offshore industry.
Its director of publication is Mr Rémy AUSSET, President of OSVF.
1. APPLICATION OF TERMS
1.1. By accessing and using OSV Finder, you are entering into a legally binding agreement with OSVF based on the terms and services below (called hereinafter the 'Terms') and signify your consent to the Terms.
If you do not agree with those Terms, you could not have the right to access or use the OSV Finder.
1.2. OSVF reserves the right to change the Terms from time to time and accordingly you should, on each occasion of use, check the Terms before accessing or using OSV Finder.
1.3. If you have any questions about these Terms or OSV Finder, please contact OSVF at email@example.com or by phone +33 (0)7 85 14 07 79.
2. DEFINITION OF SERVICES
This on-line, user-friendly tool by OSVF is addressed to both charterers and ship-owners offering them a large exposure and a quick access to their market.
Through information provided by efficient databases and by you, as ship-owner or charterers toward its interface, OSV Finder will instantaneously identify suitable and available offers to your respective needs such as matching your vessels’ capabilities and specifications or identifying offshore support vessels.
Above all, the ultimate purpose of OSV Finder is to immediately evaluate the opportunity, for two charterers, or more, to share space, or working capacity of vessel in a specific area, at a given time.
Such tool will differ from existing tracking system, giving not only current position of a vessel but also actual and coming employment of vessels.
3.1. OSV Finder is subject to an annual subscription by reference to OSVF’s pricing page.
You will be charged the annual rate stated at the time of purchase as one lump sum, plus applicable taxes. All fees are due and paid in advance. All amount paid are non-refundable.
The subscription fees will remain fixed during the subscription unless you (i) exceed your maximum applicable limits of your subscription in terms of offers, licences, services… (ii) upgrade your base subscriptions, or (iii) subscribe to additional services detailed in OSV Finder pricing page.
If you have any questions, please contact OSVF at firstname.lastname@example.org or by phone +33 (0)7 85 14 07 79.
3.2. OSVF reserves the right to change the content and price of subscriptions and additional services to OSV Finder at any time without prior notification.
Subscriptions and additional services are subject to VAT at the applicable rate at the date of subscription.
All payment must be by bank transfer. Access to platform will be validating upon receipt of payment by OSVF. Unless specifically agreed with OSVF.
All invoices issued by OSVF are payable in US Dollars.
3.3. Subscription and services begin once your initial payment is processed.
Subscription will last one (1) year, automatically renewable, on your annual renewal date.
You should notice OSVF that you do not intend to renew the subscription, this written notice of non-renewal must be sent by recorded delivery 106 chemin de la colline Saint Joseph, Les Jardins d’Eden, Villa C 13009 Marseille/email email@example.com to OSVF no more than sixty (60) days before the annual renewal date. The renewal subscription will be on the current Terms and conditions, and subject to the renewal pricing on OSVF’s pricing page.
4. USE OF SERVICES
4.1. Registering an account on OSV Finder is necessary to access to its services and networking features.
By registering on OSV Finder, you voluntarily and willing provide OSVF certain information, including personal identifiable information, which OSVF collects in order to provide the services.
4.2. In consideration of being granted access to and use of OSV Finder, you agree to provide true, accurate and complete information about yourself as required by OSV Finder's registration process and thereafter to ensure that these information is promptly maintained and updated so that it remains at all times true, accurate and complete.
If OSVF has reasonable grounds to suspect that any of the said information is untrue, inaccurate or incomplete in any respect, OSVF shall have the right to suspend or terminate your access to OSV Finder and use of its services.
4.3. You agree to maintain the confidentiality of any login, password and account details provided by OSVF and accept that the password may only be used by its sole user personally or such other persons as may have been approved by OSVF.
In addition, you accept that you will have sole responsibility for all statements, acts and omissions, which are made under your password and undertake to notify OSVF immediately upon becoming aware of any un-authorised use or possession of your password or any other breach of security.
4.4. OSVF shall be entitled, without prior notice to suspend and/or terminate and/or delete your access to OSV Finder if it has reasonable grounds to suspect that you have breached any of the representations, warranties and undertakings of these Terms.
If you wish to deactivate your account, please follow the instructions in your dashboard.
OSVF reserves the right to modify, suspend or discontinue, permanently or temporarily, OSV Finder at any time without prior notice or any liability for any modification, suspension or discontinuance or for any failure of notification.
OSVF values and respects the privacy of your personal information. This clause explains what information OSVF collects, why and how it may be used.
5.1. Information collection
In order to become a user of OSV Finder, you must provide OSVF the following information to create an account:
First name and last name;
Without this minimal amount of information, you cannot create an account.
During the access and use of OSV Finder, you may provide additional information to your profile describing your personal and professional status in respect to the maritime industry, notably as ship-owner the vessel identity, its availability, and specifications, but also for the services provided by OSV Finder and OSVF.
Providing additional information about yourself beyond what is minimally required at registration is optional, but providing additional information enables you to benefit more from OSV Finder.
Any information you provide at registration or in your Dashboard may be used by OSVF, including for the purpose of connecting you to other maritime professionals, or for serving more relevant advertisements on OSV Finder.
Certain personal information such as your mobile number will be needed to receive alert from OSV Finder.
5.2. Use of the information
5.2.1. OSVF collects information when you interact with OSV Finder in order to accurately categorise and respond to your requests.
From time to time, OSVF may want to contact you with information about its services, announcements, updates and special offers.
You may opt out of such communications at any time by clicking the 'unsubscribe link found within OSVF’ email updates.
5.2.2. Your e-mail address will not be used to send unsolicited commercial messages. Newsletters or other informative mail may be sent from OSVF unless you explicitly oppose to this by submitting a request to OSVF.
5.2.3. OSVF does not sell, rent, or otherwise provide your personal identifiable information to third parties.
OSVF will also not share other personal information not published to your profile or generated through engagement with other services without your explicit consent or to carry out your instructions unless, disclosure is reasonably necessary in our opinion to: (i) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (ii) enforce this agreement; (iii) respond to claims of a violation of the rights of third parties, whether or not the third party is an user, individual, or government agency; (iv) respond to OSV Finder services or OSVF’s inquiries; or (v) protect the rights, property, or personal safety of OSVF, our users or the public.
5.2.4. OSVF is committed to protecting the security of your information and takes all reasonable steps to protect your information from loss, misuse and unauthorized access, disclosure, alteration and destruction.
OSVF has put in place appropriate physical, electronic and managerial procedures to safeguard and secure such information. The password provided by OSVF is protected by encryption so that only you have access to it.
However, Internet data transmissions, whether wired or wireless, cannot be guaranteed to be 100% secure, and as a result, OSVF cannot ensure the security of information you transmit. Accordingly, you acknowledge that you do so at your own risk.
By accepting the Terms or by using OSV Finder, you consent to the collection and use of your personal data by OSVF for the purposes outlined above and for any other purpose, which is reasonably necessary for the provision or proper administration of OSV Finder in accordance with the Terms.
You agree that your personal data may be transferred to countries outside the European Economic Area for the purposes described above to countries, which may not provide legal protection of personal data equivalent to the level of protection in France.
When you access and use OSV Finder, OSVF will automatically track certain usage information. For this purpose OSVF may place cookies on your computer. A cookie is an item of data which we will send to your computer and which is stored by your browser and which is sent back to our server when you make a request from our website. Cookies help OSVF recognise you when you visit OSV Finder again.
Any usage information gathered is used to enable us to understand how OSV Finder is navigated, how many users arrive at specific pages, the length and frequency of stays at OSV Finder, the variety of searches, the types of browsers and engine operating systems used by our users and Internet Protocol addresses.
Most Internet browsers automatically accept cookies, but you can instruct your browser not to accept cookies or to prompt you before accepting cookies from the sites you visit/the application you use. If you decide not to accept the cookies, OSVF will still enable you to access and use OSV Finder.
5.4. According to the law, OSVF informs you that the processing of information collected is subject to declaration to the French national data protection organisation (CNIL) under the number 2041972 v 0.
6. YOUR OBLIGATIONS
6.1. to pay the applicable fees and taxes due to OSVF for the chosen subscription by reference of article 3 SUBSCRIPTIONS.
6.2. to use OSV Finder only in your day-to-day business within your own company;
6.3. to indemnify OSVF against any liabilities, claims, damages, losses and proceedings incurred by OSVF as a result of any breach by you of the warranties representations and undertakings of the Terms;
6.4. to co-operate with OSVF and to comply with its reasonable instructions to limit or minimise any liability OSVF may incur as a result of any breach by you of the warranties, representations and undertakings ;
6.5. not to use OSV Finder, copy, distribute, extract, or re-use it for any other purpose and in particular you shall not pass it on to your principals or clients or any third parties, display it on any website, circular or market report, or forward it to news agencies, journalists, publications, exchanges or research organisations ;
6.6. not to use information from OSV Finder for business transacted directly with another user and a third party ;
7. INTELLECTUAL PROPERTY RIGHTS
7.1. You acknowledge and accept that all of the copyright, database rights and any other intellectual property rights which subsist in the design, layout, processes, functions, data and content of OSV Finder are the property of OSVF, its information providers, advertisers and other licensors.
No part of OSV Finder, its content or any of their underlying software and databases may be copied or reproduced, shared with third parties, reverse engineered, reverse assembled, or used to create any derivative work in physical or electronic form without the prior written and express consent of OSVF.
7.2. OSVF grants you a personal, non-exclusive, non-transferable licence under its own intellectual property rights to access and use OSV Finder in accordance with these Terms.
7.3. You grant to OSVF a non-exclusive and royalty-free right to use your trade name and trademarks and refer to you as a reference partner in clients’ listings and other marketing documentation and activities relating to OSV Finder or OSVF.
8. EXCLUSION OF OSVF’S LIABILITY
8.1. The provided information on vessels’ position and identity, in particular, originate directly from the ship-owners, at least the vessels themselves, which transmit this information through public radiofrequencies, according to the 'Automatic Identification System' (AIS).
The information collected and published may contain errors, due to the intrinsic limitations of radio communications (such as limited coverage, interference, attenuation, special weather conditions etc…), due to erroneous configuration of the AIS devices on board, due to negligent data entry by vessel’s crew, due to erroneous position received by the vessel’s GPS and due to other factors beyond the control of OSVF.
Vessel positions may be out of date or incomplete. Data is provided for informational reasons only and is not related by any means to the safety of navigation.
OSVF cannot provide any type of guarantee neither is responsible for the correctness, validity, thoroughness and accuracy of that information published, nor for the suitability of their usage.
8.2. OSV Finder contains also information provided by IHS. You accept that this information is made available on the basis that IHS shall have no responsibility or liability in negligence or otherwise in respect of any inaccuracy in or omission from the ship characteristics or ownership data supplied by IHS as reproduced in OSV Finder.
IHS shall not be liable for any indirect or consequential loss caused by or arising from any inaccuracy in or omission from such data. IHS does not warrant the completeness or accuracy of the information, that the use of this information will be uninterrupted or error-free, or that the results obtained will be successful or will satisfy your requirements.
8.3. You hereby acknowledge and accept that OSVF does not pre-screen or systematically monitor this information and accepts no responsibility to do so. You accept that OSVF makes available a part of this information from AIS and IHS to you on an 'as is' basis.
No warranties or representations whatever are given by OSVF with regard to the accuracy, integrity, completeness, quality or fitness for purpose of such information and materials. You accept that any use, transmission or reliance on third party materials will be entirely at your own risk and OSVF will accept no liability for any damage, loss, cost or expense incurred by you as a result of any such use, transmission or reliance on such information.
8.4. Links to third party websites or resources may be included on OSV Finder. OSVF has no control over them and does not pre-screen or systematically monitor their contents.
OSVF does not in any way endorse the contents, information, products or services available on these websites or resources and accepts no liability or responsibility for any loss, damage, cost or expense incurred by you as a result of your use of or reliance on any of the contents, products or services available.
8.5. OSVF warrants and undertakes to you that: (i) it has the right and authority to enter into this agreement; (ii) it will, in providing and operating OSV Finder, exercise the skill and care which may be expected of a provider of such intermediary and (iii) the use by you of the services, the information and materials included in OSV Finder other than the third party materials including IHS’ information and databases in accordance with these Terms will not infringe the intellectual property rights of any third parties.
8.6. Due to the nature and to the extent of information provided through OSV Finder, under any circumstances, negligence included, OSVF will not be held liable for any kind of damages you may suffer from the access or use of OSV Finder, its services, choices and content. You visit and use the above content and services at your own initiative and risk.
9. APPLICABLE LAW AND COMPETENT COURTS
9.1. The present Terms, as well as any modification or alteration on them are subject to French 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.
9.2. Any dispute or difference arises out of or in connection with OSV Finder, shall be resolved by the courts of Paris, France, which will have exclusive jurisdiction.