1. SUBJECT OF THE GENERAL TERMS AND CONDITIONS
The subject of the general terms and conditions are the services of leasing the licenses and right to use the marinacloud computer system (hereinafter the Service). The general terms and conditions shall be considered accepted by signing the Agreement on the right to use the marinacloud computer system (hereinafter Agreement). The Agreement parties are the provider of the right to use the marinacloud computer system (hereinafter Provider) and the user of the services of leasing the licenses of the marinacloud application design (hereinafter User).
2. PROVISION OF SERVICES
The Provider of the right to use the marinacloud computer system for the purposes of organizing and managing the business and information system of the User provides the following services:
- provides the right to use the computer capacities necessary for the operations of the User;
- provides the right to use the marinacloud application design according to the detailed specification of the Service in the Agreement;
- creating data backup with a planned point of recovery;
- protecting data confidentiality by applying an authorization system for accessing the Service;
- segregating the user data stored inside the system so that they are only accessible by the authorized system users;
- adjusting the application design to legal changes;
- delivering new versions of the application design developed by the Provider no less than four times per year with no additional charges;
- operational assistance for the User in work through counselling and written e-mail communication on the level of the number of working hours defined on a monthly basis in the Agreement, and according to the model defined in the pricelist for the agreed service;
- correcting mistakes in the application design and mistakes discovered during work on the control and monitoring of the Service.
2.1. USER SUPPORT
The User may report every operational interference to the competent customer support in order to remove the interference as soon as possible. The e-mail sent by the authorized person of the User to the address firstname.lastname@example.org shall be considered the applicable document for reporting the interference
User support regarding the operation of the Service is carried out during the working hours of the Provider – Monday to Friday, 8 am to 4 pm CEST, except if the 24/7 customer support service was agreed upon. The response time to the report of an issue shall depend on the critical state level, and shall be classified by the Provider according to the following table:
The business process is hindered
Within 8h during a work day
Resolution within 3 work days
Difficult, but possible business process
Within 3 work days
Resolution within 7 work days
Within 7 work days
According to agreement and monthly work plan
The Provider shall not be responsible for issues caused by problems on the server and/or network infrastructure and/or technological platform of the User or an included third-party and in that case, the provisions of response time and necessary level of services shall not apply.
The Provider shall provide the Service according to the best professional standard and his best knowledge. Using the Service is the exclusive responsibility of the User.
The Provider does not guarantee that the use of the Service shall not be interrupted or without errors; nor does he vouch for the consequences that can emerge through the use of the Service. This declaration of liability shall refer to all direct or indirect, tangible or intangible damage.
2.3. IMPLEMENTATION OF SYSTEM UPGRADES AND TESTS
The Provider shall reserve the right to carry out system upgrades via improvements of the existing and addition of new functionalities, harmonization with legal regulations and removal of potential flaws. The Provider shall inform the customer of the implemented changes and improvements within 3 days.
2.4. USER DATA
The user data created through the operational use of the Service stored on the computer capacities of the Provider shall be the ownership of the User. If the Provider ceases to work, the Provider shall deliver data to the User within 90 days in a form transferable to another system.
3. PRIVACY PROTECTION AND TRADE SECRET
The User and Provider shall keep all information and data obtained by spoken, written, electronic or any other means during the contracting, carrying out the contracted Service and after its completion as a trade secret with no time restriction.
The following is particularly presumed to be a trade secret: information system data, the state of security of the information system, security policies, ordinances and procedures and the used methodologies, the business policy of the agreement parties, their financial status, the management principles of the agreement parties, the human resource policy, data on the organization of the agreement parties, legal relations, salary, incentives and disincentives data, court disputes data, business partners data, operating method in commercial affairs and all other information on the activities and commerce of the User and Provider.
The Provider shall not be charged for damage that occurs due to a loss of confidentiality, integrity or availability of information of the User that occurred due to inadequate protection of the user name and password or other system registration mechanisms.
The Provider shall regard data on the User, as well as facts and circumstances that he finds out due to the provision of service to the Users as commercial secrets and can only reveal them in cases prescribed by law.
4. COPYRIGHT PROTECTION
Copyright of the application design that represent an integral part of the Service shall be the ownership of the Provider.
5. APPLICABLE LAW
The law of the Republic of Croatia shall apply to the relations between the Provider and User regarding the use of the Service.
6. FINAL PROVISIONS
1. GENERAL TERMS AND CONDITIONS
1.1. Marina Cloud is a legal person that provides Services to the User via a digital application.
1.2. A User is any natural or legal person using Marina Cloud Services upon completing the registration.
1.3. These General Terms and Conditions describe and determine the legal relationship between Marina Cloud and the Service User, regardless of the services provided by a third party.
1.4. These General Terms and Conditions are published on the Marina Cloud website.
1.5. The Services cannot be used if the User is: (a) underage or (b) a person prohibited from receiving Services by applicable regulations of any country, including the country of residence of the User or the country from where the Services are being used.
2. ACCEPTANCE OF THE GENERAL TERMS AND CODITIONS
2.1. In order for the User to use the Services, they must accept the General Terms and Conditions. The General Terms and Conditions are accepted by pressing the ‘accept’ button if such a button or function is available or exists in the user interface of a particular Service.
3. AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS
3.1.Marina Cloud reserves the right to amend the contract terms and shall, in accordance with Article 1.4 of these General Terms and Conditions, make available to the User any and all amendments which enter into force no sooner than within 90 days.
3.2 The User accepts the amended General Terms and Conditions by continuing to use the Service after entry into force of the amendments to the General Terms and Conditions.
4. SERVICE PROVISION AND USE
4.1. The Services are provided to the User by Marina Cloud and companies (e.g. marinas and other) that are in any way associated with Marina Cloud and/or have a business cooperation agreement for the use and improvement of Services provided to the User, whereby Marina Cloud does not have any influence over the contents of data that the User can receive from third parties.
4.2. The Services may be used solely for personal and non-commercial purposes; reproduction, duplication, copying, selling, trading or reselling Services or parts thereof is strictly prohibited.
4.3. Marina Cloud shall endeavour to keep all the presented information accurate and up to date, Marina Cloud shall not be liable for possible delays due to unforeseen technical problems.
4.4. The User must periodically test and supervise the system in accordance with the provided instructions independently of Marina Cloud and Marina Cloud shall not be liable for the results.
5.1. The User acknowledges that Marina Cloud may, as part of the Service, set up or display advertising, promotional or other content, materials or products for promotional purposes.
5.2. In any case, Marina Cloud shall send promotional e-mails or newsletters solely if the User expressly agreed to receive such information and communication, for example, when registering for the use of Services.
6. DATA MONITORING BY THE MARINA
6.1. The User agrees that Marina Cloud shall, as part of the Service, submit data on the vessel status to the Marina in which the vessel is located at the time of data transmission. The data being submitted serves only informational purposes and the Marina in which the vessel is located receiving the data, is not obliged to act and in no way assumes responsibility for the reception of data and any action based on the received data.
6.2. If the User does not agree to the Marina receiving data on the vessel, they must deny their consent by pressing the appropriate button in the application when registering for the use of Services by Marina Cloud in accordance with these General Terms and Conditions.
7. DISCLAIMER OF LIABILITY
7.1. The use of the Service is the sole responsibility of the User. The Provider does not warrant that the use of Service shall be uninterrupted or free of errors and shall not be liable for any consequences arising from the use of the Service. This Statement of Liability refers to direct or indirect, material or non-material damage.
7.2. In any event, the Service User accepts that data collected based on the Service provided by Marina Cloud cannot be entirely sufficient for further action of the User and any reliance on the received data shall be the exclusive responsibility of the Service User.
8.THIRD PARTY SUPPORT
8.1. Provision of the Service depends on, inter alia, the availability and coverage of wireless network providers, as well as the communication channel by the Internet-of-Things (IoT) network and sensors manufactured by third parties.
8.2. The provision of the Service shall be provided for a vessel located at a location equipped with IoT receivers, primarily while the vessel is at a stationary berth..
8.3. Marina Cloud d.o.o. shall not be liable for any damage or loss caused by third party malfunctions.
8.4. Marina Cloud shall be exempt from any liability for damage which may arise on mobile phones on which the application is installed and the data stored on said devices. Also, Marina Cloud is exempt from any liability regarding the possible use of the Internet Store.
8.5. Marina Cloud shall not be liable for temporary unavailability of the application due to technical problems beyond the control of Marina Cloud.
8.6. The User shall assume responsibility for the system operation at locations outside of the location referred to in Article 8.2., as well as for the supervision of system functionalities.
9. COPYRIGHT PROTECTION
9.1. The application design copyright which is an integral part of the Service, as well as all other intellectual and/or property rights shall be the sole ownership of Marina Cloud and the User shall not acquire any rights whatsoever as a result of using the Service. It is strictly forbidden to use (in whole or in part), transfer (electronically or otherwise), modify, merge or use any part of the Service for public and commercial purposes without prior written consent of the Provider.
9.2. The company Marina Cloud d.o.o., its licensors, suppliers, shareholders and other affiliates retain all rights not expressly assigned to the User under these General Terms and Conditions.
9.3. It is forbidden to (a) give another user or third party the licence to use the Service or otherwise allow them to access the account or User Services; (b) use the Services in such a way that the User provides Services to other users or third parties; (c) in any way transfer, sublicense, establish a lien in or over the Marina Cloud license or another right arising from it, loan or rent Marina Cloud Services and/or license, or otherwise transfer the Marina Cloud license or any right arising from it to third parties.
9.4. It is forbidden to duplicate, modify, create derivative works or otherwise attempt to extract the source code of Marina Cloud Services or any part thereof.
10. REGISTRATION DATA AND USER ACCOUNT
10.1.When using the Services, the User may be required to provide information about themselves before proceeding with the use of Services (‘Registration data’).
10.2. The User agrees to provide accurate, up-to-date and complete registration data, and update their registration data when required in order to keep the data accurate, recent and complete.
11. PASSWORDS AND ACCOUNT SECURITY
11.1. In order to use the Service, the User must download the appropriate application and open a user account and provide their user identification (ID) and password (‘Account information’).
11.2. The User is required to keep their account information safe and protected and to prevent unauthorized access to their account information and account by third parties.
11.3. The User must immediately inform Marina Cloud via e-mail of any unauthorised use of their registration or account information as well as any breach of security as soon as they become aware of it.
12. PERSONAL DATA PROTECTION
12.2.Marina Cloud does not require personal data to be submitted in order to use the Service, however, not providing the required registration information may prevent Marina Cloud from complying with the User’s request for Service.
12.3. While Marina Cloud takes measures to protect the information being provided, Marina Cloud cannot guarantee their absolute security.
12.4. The application uses current device location.
13. FORCE MAJEURE
13.1. Marina Cloud shall not be liable for failure or delays in the fulfilment or of any of its obligations arising from this contract due to an event beyond reasonable control.
13.2. The fulfilment of obligations by Marina Cloud during events caused by force majeure is considered suspended and the time allocated for meeting the obligations shall be extended by the duration of the event caused by force majeure.
14. IMPLEMENTING PROVISIONS
14.1. Marina Cloud shall adhere solely to written conditions. All statements, claims or agreements made or concluded otherwise, either directly or indirectly, in writing or verbatim, or through advertising, shall not be binding to Marina Cloud unless Marina Cloud explicitly acknowledges it in writing.
14.2. If any of the provisions of this contract is invalid (in whole or in part), in accordance with the decision of the court competent to decide on such a legal matter, that provision shall be removed from the contract without prejudice to the other provisions of the contract which shall remain in force.
15. APPLICABLE LAW
15.1. These General Terms and Conditions are written in accordance with the law of the Republic of Croatia. The law of the Republic of Croatia shall apply to the relationship between the Provider and the User regarding the use of the Service.
15.2. The User and Marina Cloud shall attempt to amicably resolve any disputes arising from these General Terms and Conditions. If a peaceful settlement of the dispute is not possible, all disputes arising from or with regard to these General Terms and Conditions shall be finally resolved by the competent court in Rijeka.
15.3. These General Terms and Conditions shall enter into force and are applicable from 1.10.2018.