1.1.These Website Terms and Conditions apply to the website at www.euro-marine.eu (“the Website”) operated by Euro Marine Logistics NV.
1.3.We may change these Website Terms and Conditions at any time by updating this page. You should check this page from time to time to review these Website Terms and Conditions to ensure you are happy with any changes. Using or accessing the Website indicates your acceptance of these Website Terms and Conditions. If you do not accept these Website Terms and Conditions, please do not continue to use the Website.
2.Information about us
2.1.We are Euro Marine Logistics NV (“EML”). Our registered office is Heide 17, 1780 Wemmel,Belgium. You can contact our customer services department at the above address.
3.Your use of the Website and our intellectual property right
3.1.We have made the Website available to you for your use. We may modify, withdraw or deny access to the Website at any time.
3.2.The Website and all the materials contained on them (“Content”) are protected by intellectual property rights, including copyright, and either belong to us or are licensed to us to use. Content includes, but is not limited to, the design, layout, look, appearance,
graphics and documents on the website, as well as other information or materials relating to our business. You may not copy, redistribute, republish or otherwise make the Content on the Website available to anyone else without our consent in writing.
3.3. Your Obligations
3.3.1.read, accept and comply with these Website Terms and Conditions;
3.3.2.only post or transmit information on and to the Website in good faith and which is accurate, complete and true. All uploaded material, whether publicly posted or privately transmitted, is the sole responsibility of the person from which it originated;
3.3.3.comply with all relevant laws and regulations, in particular, the laws regarding the transmission of data exported from the United Kingdom and other relevant countries; and
3.3.4.be liable for any claim by a third party relating to any materials you upload to the Website.
3.4. Restrictions On Use
You will not:
3.4.1.use the Website or its Content otherwise than as permitted by these Website Terms and Conditions;
3.4.2.use the Website to violate any law of any applicable jurisdiction, including, without limitation, laws governing advertising, alcohol, antitrust, child protection, drugs, encryption, exportation, food, financial services, firearms, gambling, importation, information systems, intellectual property, obscenity, privacy, securities, telecommunications and tobacco;
3.4.3.store or collect personal data about other users of the Website;
3.4.4.make the Website or the Content available to unauthorized persons or exploit for any commercial purposes the Website or any part of the Content or any derivative works based on the Website, or the Content to others;
3.4.5.commit a tortious or otherwise wrongful act, including without limitation, the posting or communication of any materials or use of the Website in any way that is harmful, threatening, abusive, harassing, tortious, defamatory, libellous, scandalous, vulgar, violent, lewd, lascivious, obscene, pornographic, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable, infringing or violating the rights of any person, or is likely to cause emotional distress (whether through content, frequency or size);
3.4.6. upload, post, email or otherwise transmit any materials or otherwise use the Website in any way which may infringe any intellectual property rights of any party;
3.4.7.upload, post, email or otherwise transmit any unsolicited or unauthorized advertising or any other form of solicitation;
3.4.8.upload, post, email or otherwise transmit any material that contains software viruses harmful code, Trojan horses or any other computer code, files or programs;
3.4.9.obtain or attempt to obtain unauthorized access to the Website. This includes accessing data not intended for you, logging into a server or account you are not authorized to access, or probing the security of any system, network, or account, or accessing the Website by any means other than the interface that is provided by EML.
4.Our liability to you
4.1.These Website Terms and Conditions do not exclude our liability (if any) to you for:
4.1.1.personal injury or death resulting from our negligence;
4.1.3.any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
4.2. We do not guarantee that the Website will be compatible with all or any hardware and software which you may use. We do not guarantee that the Websites will be available all the time or at any specific time. We reserve the right to withdraw or modify the Websites at any time.
4.3.We are only liable to you for losses which you suffer as a result of a breach of these Website Terms and Conditions by us. We are not responsible to you for any losses which you may incur which were not a foreseeable consequence of us breaching these Website Terms and Conditions, for example if you and we could not have contemplated those losses before or when you access the Website. Our liability to you shall not in any circumstances include any business losses that you may incur, including but not limited to lost data, lost profits or business interruption.
5.Information on the Websites
5.1.Whilst we try and ensure the information contained on the Website is accurate and up to date, we cannot be responsible for any inaccuracies in the information. Our liability to you as explained above remains unaffected by this.
7.1.Nothing on the Website is intended to be nor should be construed as an offer to enter into a contractual relationship with you or
anyone else, except for these Website Terms and Conditions and in relation to services we expressly make available to users of the Portal.
8.Governing Law and Jurisdiction
8.1.The formation, existence, construction, performance, validity and all aspects whatsoever of these Website Terms and Conditions and any non-contractual obligations arising out of or in connection with them will be governed by the law of England. The English and Welsh courts will have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Website Terms and Conditions or use of the Websites.
9.1.This policy sets out how we use and protect any personal information that you give us when you use the Websites. We may change this policy from time to time by updating this page. You should check this page from time to time to ensure you are happy with any changes. This policy is effective from 1st June 2011.
10.What information do we collect?
10.1.You may be able to use the Website without giving us any personal information. We may collect information such as your name and contact information, including email address and company details.
11.What do we do with the information we collect?
11.1.We use this information to provide you with a better service, and in particular for the following reasons:
11.1.1.internal record keeping and administration purposes;
11.1.2.to improve our products and services; and
11.1.3.to follow up with respect to entering into a contract for the provision of logistics and other related services and for our customer care procedures.
12.Whom do we share this information with?
12.1.We will not transfer, disclose, sell, distribute or lease your personal information to third parties other than our affiliate companies or a purchaser or potential purchaser of our business unless we have your permission or are required by law. This process may include sending personal information to other countries, whose data protection laws may not be as extensive as in the European Economic Area. However, we have taken appropriate steps to ensure the same level of protection for the processing carried out in these countries as within the European Economic Area.
13.How to get copies of or amend the information we have collected
13.1.You may request details of personal information which we hold about you under the Data Protection Act 1998. If you would like a copy of the information held on you please make a request on the “Contact Us” facility on the website of contact Customer services at the address advised at the top of this document. If you think any information we have about you is incorrect or incomplete,
Please write or e-mail us as soon as possible. We will correct or update any information as soon as possible.
14. EU Cookie Compliance
What is a cookie?
Cookies are text files containing small amounts of information which are downloaded to your device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie. Cookies are useful because they allow a website to recognize a user’s device.
You can find more information about cookies at: www.allaboutcookies.org and www.youronlinechoices.eu for a video about cookies visit www.google.co.uk/goodtoknow/data-on-the-web/cookies
Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improve the user experience. They can also help to ensure that adverts you see online are more relevant to you and your interests.
14.1.The Cookie Law is a new piece of privacy legislation from Europe that requires websites to obtain consent from visitors to store or retrieve any information on a computer or any other web connected device, like a smartphone or tablet. It has been designed to protect online privacy, by making consumers aware of how information about them is collected by websites, and enable them to choose whether or not they want to allow it to take place.
It started as an EU Directive that was adopted by all EU countries on May 26th 2011. At the same time the UK updated its Privacy and Electronic Communications Regulations, which brought the EU Directive it into UK law.
Four categories have been identified:
(1) strictly necessary cookies
– No User Consent Required
(2) performance cookies
– User consent must be obtained
(3) functionality cookies
– User consent must be obtained
(4) targeting or advertising cookies
– User consent must be obtained
– “Strictly Necessary”.
This means that we are not legally obliged to gain user consent. For example a user’s session timeout is controlled by a cookie.
You can, should you choose, disable the cookies from your browser and delete all cookies currently stored on your computer. On Microsoft Internet Explorer, this can be done by selecting “Tools/Internet Options” and reviewing your privacy settings or selecting “delete cookies”. You can find out how to do this for your particular browser by clicking "help" on your browser's menu by visiting http://www.allaboutcookies.org/manage- cookies/index.html.
Exemptions from the right to refuse a cookie:
The Regulations specify that service providers should not have to provide the information and obtain consent where that device is to be used:
•for the sole purpose of carrying out or facilitating the transmission of a communication over an electronic communications network; or
•where such storage or access is strictly necessary to provide an information society service requested by the subscriber or user.
In defining an 'information society service' the Electronic Commerce (EC Directive) Regulations 2002 refer to 'any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service'.
The term 'strictly necessary' means that such storage of or access to information should be essential, rather than reasonably necessary, for this exemption to apply. However, it will also be restricted to what is essential to provide the service requested by the user, rather than what might be essential for any other uses the service provider might wish to make of that data. It will also include what is required to comply with any other legislation the service provider might be subject to, for example, the security requirements of the seventh data protection principle.