ShipNEXT™ is an algorithm based international maritime freight market simulator, owned and operated by the Company, designed to optimize fleet utilization and increase the efficiency of cargo transportation.
These terms and conditions of service (the “Terms & Conditions”).provided by ShipNEXT constitute a legally valid and binding agreement between the Company and the User.
By clicking "Accept" or by accessing and/or using the Services and/or the Products inter alia via the App, the User acknowledges that he has read understood and agreed to be bound by these Terms & Conditions.
These Terms & Conditions expressly supersede any prior agreements or arrangements entered into between the Company and the User
The Company may, at its discretion, amend or vary these Terms & Conditions from time to time. Such amendments or variations shall be effective upon their publication and posting on SHIPNEXT (www.shipnext.com). The User shall be deemed to have approved and accepted the amendments and variations to the Terms & Conditions by continuing to use the Services and/or the Products.
In the event the Company renders or supplies any additional services or products falling outside the scope of the Services or outside the range of the Products referred to in these Terms & Conditions, the terms & conditions set forth in such other document(s) shall expressly govern the provision and supply of those services and products.
In these Terms & Conditions, unless the context otherwise requires, the following capitalized terms shall have the meanings given to them hereunder:
It is understood and accepted by the User that all information provided to the Company shall be received, analyzed, electronically filtered and transformed by the Company into either a Cargo Bid or a Ship Position and shall be openly published for the purposes of generating supply and demand, providing optimal solutions for the benefit of the Users.
The User agrees that any User-related information which is sent to the Company and stored in the e-mail, online or off-line offers, positions, bids or placements provided by the User shall be openly used on ShipNEXT for international shipping exchange.
The Company undertakes to use its best endeavours to analyse, interpret and translate the information provided to it by the User in the most efficient and meticulous manner, provided that the User expressly agrees that the Company shall not be held liable for any misrepresentation of information provided in a sub-standard or ambiguous manner. Any such errors may, however, be reported by the User to the On-Line Assistance service provided by the Company for immediate correction.
The User agrees that it is solely responsible for any information or data provided to the Company. Information or data given to the Company must be true, legal, accurate, and non-fraudulent. The User agrees that it shall not, directly or indirectly, provide contact information or data to other Users for the purpose of bypassing the Subscription Fee payable to the Company. Information may not contain any viruses or other malware that may damage or interfere with the Company’s website and App.
The Company is primarily engaged by corporate entities and as such those Users are not data subjects. However, as part of such instructions personal information may be provided to us (e.g. personal information relating to any of our corporate clients' or prospective clients' officers or personnel, any opponent or vendor or purchaser or personal information relating to their legal advisors or personnel, as relevant or similar).
The User/s agree that all terms and conditions forming part of any Contracts negotiated and entered into by any two (2) or more Users shall be treated as private and confidential, and shall bind only the contracting Users. The Company is not to be considered a party to the Contract and shall not be held accountable for its terms and conditions, as well as for the performance of any of the obligations contained therein, and the credibility and liability of the contracting Users.
It is agreed that the Parties shall not be held responsible or liable for any information sourced by any of its Users via e-mail, or data provided by the same on- or off-line, as well as for the timing of its publishing and the availability on its open freight market simulation platform on ShipNEXT.
Users shall take appropriate measures to protect their computers and/or system from any virus and/or malicious software received from the internet network. It is agreed that the Company shall not be responsible for any viruses which may be received by the User/s as a result of their use of the Company’s websites.
The Company shall not be held liable for any claim arising as a result of the content appearing on other websites, which are led to by hypertext links, which appear on www.shipnext.com and the App and are not in any way controlled by the Company.
The Company shall act as an introducer to the different Users and shall aim to facilitate the User/s search for a Cargo Bid or Ship Position from the open freight market created by the interface of ShipNEXT made for this purpose by the Company, with the help of the inbuilt filters, algorithms and automatic calculations made by the team engaged by the Company for this purpose.
The User agrees that the use of the Company’s website and its acceptance of the Services does not confer or imply that any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship exists between the Company and the User and, furthermore, that no affiliation, association or connection is created between the same parties.
The User/s agree that the Company shall bear no responsibility for the Contracts negotiated and/or concluded between the Users themselves inside or outside ShipNEXT. The Users expressly and irrevocably release and exonerate the Company, its officers, directors, agents, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, arising out of or in any way connected with any disputes which may arise between the Users.
In addition to this, it is expressly agreed that the Company shall bear no responsibility for the validity or credibility of the information/description about cargos, ships, ports, stevedoring companies and restrictions provided by its Users and the resulting statistics and analytics data, as well as all the data and information provided by the Users.
It is also understood and agreed, that all calculations and matching is performed by the Company in good faith and purely on the basis of the information made available to the Company by the User.
The Company relies on any updated information on Ships, Cargo, Port and Terminal, Canals and Rivers, International or Navigational Restrictions, International Sanctions, Tariffs and Prices available at the time of last update, together with the information it receives from the Users.
The Company declares that it is the owner of the logos, trademarks and any distinctive signs shown on its website and App, together with the software, and any upgrades or developments, which have been developed in their pursuance (the “Intellectual Property Rights”).
The User agrees not to infringe nor violate any of the Intellectual Property Rights of the Company, in any form whatsoever.
Any information stored on the servers of the Company and comprising its databases is legally protected, and cannot be extracted, re-used, stored , reproduced or forwarded to the Users and/or any other third parties without the prior written agreement or explicit consent of the Company.
The Services offered by the Company shall be connected with the Users search for any of the following:
Users and/or Clients are requested to report on any errors or suggestions to firstname.lastname@example.org.
The Company has the right and may use third party content or connected supplementary service provided by third parties, to which the Users and Clients shall be granted complete access.
Third party content may also be inserted or added unilaterally by the Third Parties. Such content shall be carefully and regularly double-checked by the Company to avoid possible misuse or violations.
The Company may require the Client and/or Users to agree to the licensing terms and conditions imposed by the Third Party before granting access and/or use of the Third Party content to the relevant Client/s and/or User/s.
The Client’s and/or User/s agree that any Third Party content shall not be copied, forwarded, multiplied or misused by the Client/s and/or User/s. The User/s and/or the Client/s who are reasonably suspected or who are found guilty of such actions may be blocked access to the Company’s website and App.
The Client/s and/or User/s agree not to infringe nor violate any of the Intellectual Property Rights belonging to any Third Party, in any form whatsoever.
The Client and/or User undertake that they will indemnify the Company and keep the Company fully indemnified against all actions, claims, proceedings, costs and damages and all legal costs or other expenses arising out of any breach of the above mentioned terms, or out of any claim by a Third Party based on any facts which if substantiated would constitute such a breach.
In consideration for their participation in the online freight market simulation process, search for Cargo offers or Ship positions, registration of requests and online auction participation, negotiations and contract management the User/s undertake to pay to the Company the monthly/yearly subscription fee (the “Subscription Fee”) applicable at the time of subscription.
The Company reserves the right to charge a fixed charge for every Contract agreed upon or signed on-line, which, among all other includes a charge payable to BIMCO for the use of Standard BIMCO Charter Parties, from each of the contracting Users or Clients (the “Contract Fee”). Each contracting User will be sent a separate invoice for the Contract Fee upon Clean Fixture, which Contract Fee shall be paid in the manner prescribed by the Company from time to time.
The Contract Fee is payable regardless of the execution or performance of the obligations contained in the Contract.
The Company shall further provide analytic and relevant information services, which shall be offered as a separate service and for which a separate monthly/yearly subscription fee shall be due.
Failure to pay either the Subscription Fee or the Contract Fee may result in: (i) the termination of the Company’s cooperation/provision of the Services to the User/s and/or Client/s, (ii) reporting such Client/s and/or User/s as blacklisted and (iii) taking legal action against the Client/s and/or User/s in accordance with applicable law.
Upon termination of the present Agreement for any reason whatsoever, User/s and/or the Client/s shall remain liable for any and all sums (including but not limited to the Subscription Fee and the Contract Fee) due up to and including the effective date of the termination.
In the event of any payment due by the User/s and/or Client/s not being made to the Company in relation to the Services to which the User/s and/or Client/s have subscribed, interest at the highest rate allowed by the applicable law shall be payable on the amount due.
The Subscription Fee is payable in advance and, unless the subscription is cancelled beforehand in accordance with the provisions of the Termination clause, subscription renewal fees shall automatically be charged to a User's credit or debit card without prior notification. Until such time as this Agreement is cancelled the User expressly authorizes the Company to charge the User any Subscription Fees which may fall due from time to time.
Any User may cancel his or her subscription at any time in line with the provisions of the Termination clause contained in this Agreement. Any Fees paid before cancellation will not be refunded for any reason whatsoever. The User assumes responsibility for all actions taken or payments made with its username and password.
The User agrees and understands that the Company is not responsible for any monetary or other disputes that arise between the Users - it is the responsibility of the relevant Users to resolve all monetary disputes, damage claims, breach of contract claims and similar claims that may arise between them and the Users undertake not to summon the Company as a party to any such disputes or claims.
When processing a payment of any Fees due to the Company in terms of this Agreement, the details submitted by the User will be provided directly to the payment provider chosen by the Company via a secured connection. The Company uses industry standard practices to safeguard personal information. The Company utilises several different security techniques to protect data from unauthorized access, but cannot guarantee the security of its system and, moreover, cannot guarantee uninterrupted or secure access to its system, as the operation of its website and/or App can be interrupted by numerous factors outside of its control. The User exonerates the Company from any liability or responsibility, in contract or in tort, arising from any breach of security of the payment systems it utilizes, unless such breach is caused by the willful misconduct or negligence of the Company.
The Company shall make available to the User/s a one-time online personal presentation and/or explanation to each new User, upon demand, which is designed to help each new User discover the scope of services and possibilities offered by the Company.
Such assistance and training shall be rendered by the Company and they can access this personal presentation and/or explanation either via the website email@example.com or by calling the following numbers:
Any information which the User and/or Client does not want to appear on the Company’s portals should be marked as “not for circulation” or “do not circulate”. In such case the e-mail or other data shall not be displayed on-line and/or be otherwise used by the Company in any manner.
The Company also undertakes to keep all Contracts or Contract negotiations and data encrypted and confidential. Any Contracts signed or agreed upon online shall be considered as pertaining to the contracting parties only, and shall not be disclosed or made available to any third parties unless authorized by the contracting parties or specifically ordered by a court of law or other competent tribunal in connection with a dispute arising between the Users.
If at any time, any one or more of the Terms & Conditions is or becomes illegal or unenforceable in any respect, whether by operation of law or as the result of a final judicial decision to that effect, such particular term or condition shall be considered to have been struck out and shall not be of any effect, but the other provisions of these Terms & Conditions shall not be affected or impaired thereby and shall remain in full force and effect.
Any alterations made to these Terms & Conditions by the Company shall take precedence over any printed or previously agreed terms and conditions.
Any complaints or legal notices to be sent in accordance with the procedure set out in these Terms and Conditions are to be sent to the following e-mail address: firstname.lastname@example.org. The Company reserves the right to use the e-mail provided by the User/s and/or Client/s in the Personal Profile and upon registration or sign/up for the purposes of notification of any kind.
Notice shall be considered as properly received provided it has been answered within 12 hours after the e-mails has been sent. If no reply follows 12 hours after such notice, the User/s and/or Client/s is requested to repeat his e-mail notice or contact the Company by telephone.
Either Party has the right to terminate these Terms & Conditions by giving 7 days prior written notice by email or registered mail. The User agrees that unilateral termination by the User does not, however, release the User from the obligations to pay any outstanding Fees due to the Company, if any.
In the event of wrongful or unauthorized use of the Services, the Company has the right to terminate User’s access to the Company Service portals immediately, without preliminary notice. Such termination does not in any way release the User from compensation and liability, as well as outstanding Fees for Services provided to him by the Company up to that date.
The Agreement is concluded for an unlimited period with effect from the date upon which a User becomes a User, being the date of either clicking “Accept” or by accessing and/or using the Services and/or the Products or receipt by the User of the Access Codes by any means whatsoever.
These Terms & Conditions shall be governed by and construed in accordance with English law and any dispute arising out of and in connection with this Agreement, its interpretation or execution shall be submitted to arbitration in Malta under the international arbitration rules of the Malta Arbitration Centre.
This document was last updated on May 25, 2018.