Version / Last update: September 2018
Welcome at Sea Ventures. Sea Ventures offers an online platform called Seabo (“Seabo”), via which various parties within the shipping industry can create a profile, establish contacts, create a portfolio and negotiate fixtures with each other. Seabo is offered through a website and an mobile application.
These terms and conditions (the “Terms”) apply to the relationship between Sea Ventures and its users (“Users”) for any use of the website www.seabo.com (the “Website”) and the mobile application of Seabo (the “App”). Sea Ventures offers use of the Website and App under the condition that User accepts these Terms.
- Sea Ventures: Sea Ventures B.V., a limited liability company incorporated under the laws of the Netherlands. The company is registered with the Dutch Chamber of Commerce under registration number 67937411. The company’s registered office is at Prins Bernhardplein 200, 1097 JB Amsterdam. Sea Ventures is also referred to as “we”.
- Seabo: the trademark under which Sea Ventures offers the Platform to its Users, which is registered for inter alia the Benelux (European Union trademark registration is currently in progress).
- Shipowner: a User who owns a (fleet of) Ship(s),
- Cargo: goods, materials, merchandise, usually commodities.
- Ship: a vessel suitable for transporting Cargo.
- Operator: a User who acts on behalf of a Shipowner, who is responsible for the chartering and the rental of the ships.
- Charterer: a User who can fulfil two roles on the platform:
- A User who owns a Cargo and seeks a Ship (usually by means of a Broker) to deliver the Cargo for a certain freight rate.
- A User without a Cargo who takes a ship on charter for a specified period from the Shipowner and then exploits the Ship to carry Cargos at a profit above the hire rate, or makes a profit by re-letting the Ship out to other Charterers.
- Broker: a User acting as an intermediary, who brings Ship and Cargo owners together, to establish a shipping collaboration between these parties.
- User: an individual private person or legal entity making use of the Platform, being a Shipowner, Operator, Charterer or Broker. Also referred to as “you”.
- Platform: the Website and App via which various parties within the shipping industry can create a portfolio and establish contacts and negotiations with other users.
Registration and personal account
- If you want to use our Website, go to www.seabo.com. If you want to use our App, you have to download and install our App. You will need to register and create a personal account in order to use the Website and App.
- You must protect the login details of your account and keep your password strictly secret. We will assume that all actions taken from your account are done by you or under your supervision.
- You agree to provide up-to-date, complete and accurate information on your account. You agree to promptly update your personal account when necessary, so that we can contact you if needed.
Fair use of our website and app
- By using our Website and App, you declare to be at least 16 years old.
- You may not use the Website or App in such way that you violate the Dutch law or any other applicable laws and regulations.
- As a condition for using the Website or App, you agree not to provide any information, data or content to us or the Platform (or through the Platform) that is incorrect, inaccurate, incomplete or that violates any law or regulation. In addition, you agree that you will not, nor allow third parties to:
- enter any non-public / secure areas of the Platform;
- send viruses, worms, junk mail, spam, chain letters, unsolicited offers or ads of any kind and for any purpose; and
- investigate, scan or test the Platform or any other related system or network, or violate any security or authentication.
- use any automated systems of software to withdraw data from the Platform (“screen-scraping”).
- make and distribute copies of the Platform;
- attempt to sell, distribute, copy, rent, sub-license, loan, merge, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, translate, hack, distribute, harm or misuse the Platform;
- or create derivative works of any kind whatsoever.
- You may not create an account under someone else’s name or act like someone else in any other way.
- If you receive personal data or other sensitive information from other users, you will keep this information secret.
- Sea Ventures is entitled to (temporarily or permanently) block your account and deny you access to the platform, if we suspect abuse of the account, the Website or the App. We can also block your account or deny you access to the platform if you do not comply with these Terms, including conditions and policies referenced herein.
Subscription and payment
- You need a subscription to use the Website or App. Subscriptions are offered for a fixed amount per month. You can get this subscription at www.seabo.com once our closed Beta is completed.
- The price of the subscription will be invoiced automatically every month. Accepted payment methods will displayed on the Website or App once our closed Beta is completed and include Mastercard or Visa.
- User can cancel the subscription at any time. The account of the User will remain active for the period that User has already paid for.
- Sea Ventures is the exclusive owner of all intellectual property rights vesting in and relating to (all content made available through) the Website and the App, such as – but not limited to – patents, patent applications, trademarks, trademark applications, database rights, service marks, trade names, copyrights, trade secrets, licenses, domain names, know-how, property rights and processes (“Intellectual Property Rights”).
- Sea Ventures grants its Users a non-transferable, non-exclusive, non-sublicensable and revocable license intended for fair use of the Website and App on the subscription basis as offered by us at www.seabo.com. You are not allowed to access the content of the Website and App for any other purpose, such as selling, distributing or re-developing the content of the Website and App. Also see clause 3
Availability of the website and app, disclaimer of warranties
- The Website and App are available on computers and handheld mobile devices running iOS and Android. Sea Ventures will use reasonable efforts to make the Website and App available at all times. However, User acknowledges that the Website and App are provided over the internet and mobile networks and thus the quality and availability of the Website and App may be affected by factors outside Sea Venture’s reasonable control.
- Sea Ventures does not accept any responsibility whatsoever for unavailability of the Website and App, or any difficulty or inability to download or access content, or any other communication system failure which may result in the Website or App being unavailable.
- Sea Ventures is not responsible for any support or maintenance regarding the Website or App. Sea Ventures may – at its own discretion – update, modify, or adapt the Website or App and their functionalities from time to time to enhance the user experience. This may result in any downtime for which Sea Ventures is not responsible.
- To the maximum extent permitted by applicable law, Sea Ventures hereby disclaims all implied warranties regarding the availability of the Website and App. The Website and App are provided "as is" and "as available" without warranty of any kind.
- Nothing in these Terms shall exclude or limit Sea Venture’s liability when it cannot be excluded or limited under applicable law.
- Sea Ventures is not liable to you for any (direct or indirect) damage you suffer as a result of the use of the Website or App or the content provided thereon. For example, Sea Ventures is not liable for:
- the execution of agreements between you and other Users that are made through the Website or App;
- the proper functioning of (hyper)links provided by the Website or App;
- the situation where Users mobile device is stolen and any third party subsequently makes use of the Website or App with Users mobile device;
- any damage or alteration to User’s equipment including but not limited to computer equipment or a handheld device as a result of the installation or use of the Website or App;
- a failure to meet any of Sea Venture’s obligations under these Terms where such failure is due to events beyond Sea Venture’s reasonable control.
- The information and data on the Platform is User Generated. Sea Ventures has no influence on the data and information that is transmitted between Users on the Platform. Therefore, Sea Ventures is not liable for this data and information. Sea Ventures is also not liable for any data or information that is incomplete or inaccurate as a result of such transmission or that is transmitted wrongly.
- Sea Ventures will not monitor the content on the platform uploaded or shared via the platform. We may remove content and information from the platform if we are notified that the content or information is unlawful, violating these Terms or is otherwise inappropriate. Please contact us at email@example.com for more information on our notice and take down policy.
- Users will indemnify, defend, and hold Sea Ventures harmless from and against all liabilities, damages and costs (including settlement costs and reasonable attorneys’ fees) arising out of third party claims regarding:
- any injury or damages resulting from behaviour of User related to the use of our Website or App; and
- breach by User of these Terms or violation of any applicable law, regulation or order.
- Sea Ventures reserves the right to change these Terms. When we change these Terms in a significant way, we will notify Users by newsletter (if User has provided us with his e-mail address to this end) and post a notification on our Website along with the updated Terms. We will also notify you via our App, and request you to accept the updated Terms. By continuing to use the App or Website, you acknowledge the most recent version of these Terms.
- If we do not enforce (parts of) these Terms, this cannot be construed as consent or waiver of the right to enforce them at a later moment in time or against another User.
- User cannot transfer the rights and obligations from these Terms to third parties.
- The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable and which interpretation shall be as close as possible to the intent of the invalid provision.
Applicable law and jurisdiction
- These Terms shall be governed by and construed in accordance with the laws of the Netherlands.
- Unless mandatory law compels differently, all disputes resulting from or arising in connection with these Terms shall be exclusively submitted to the competent court of Amsterdam, the Netherlands, unless the dispute can be settled in an amicable fashion.
Complaints, comments and suggestions
- Sea Ventures strives to give you optimal service. If you have a complaint, comment or suggestion, you can contact us at firstname.lastname@example.org . Please provide us with your contact details, and a clear description and reason for your complaint. Complaints are usually processed within 5 working days.