Last Updated 13 May 2022
1.1
These terms and conditions of service (“Agreement”) form a legal agreement between you and Shipfix Technologies S.A.S., a company incorporated in France and having its registered office at 112 Avenue de Paris, CS 60002, 94306 Vincennes Cedex, FRANCE, registered with the Registry of Commerce and Companies under number RCS Créteil 844 732 081, (“Shipfix”, “us” or “we”) in respect of your access to and use of the Shipfix proprietary web based solution licensed to your organisation or employer (”Service”). By using the Service, you acknowledge and agree to these terms and conditions of service, and our privacy policy (as updated and amended from time to time) and which is incorporated herein by reference. If you choose to not agree with any of these terms and conditions of service, you may not use the Service.
1.2
We may modify or vary the Service and these terms and conditions, at any time provided any such changes will not materially adversely affect the functionality of the Service. You may also be required to comply with the end user terms of our licensors, which we will notify to you from time to time. Your sole remedy if you do not accept any change to the Service, the Service Description or these terms and conditions, or if you do not agree with our licensors’ end user terms, is to cease using the Service.
2.1
This Agreement will commence on the date you are first given access to the Service and will continue until terminated in accordance with its terms (“Term”).
3.1
In consideration of you agreeing to abide by the terms of this Agreement, we grant you a revocable, non-sublicensable, non-exclusive, non-transferable licence for the Term, to access and use the Service in accordance with this Agreement, solely for your organisation’s internal business purposes.
3.2
You will keep all login and password details given to you in respect of your access and use of the Service confidential, and will not allow anyone else to access or use the Service using any login or password details assigned to you. In addition, you will use all reasonable endeavours to prevent any unauthorised access to, or use of, the Service and will promptly notify us in the event of any such unauthorised access or use.
3.3
You will use the Service in compliance with this Agreement, the Service Description, and applicable law and will not, except as permitted by law: (i) sell, resell, rent, distribute, republish, lease, license, loan, assign (whether directly or indirectly, by operation of law or otherwise) or otherwise transfer, or encumber rights to the Service, or any part thereof, or translate, merge, copy, reproduce, adapt, reverse engineer, decompile, disassemble, transmit, scan, publish on a network or store in any retrieval system of any nature the Service, or any part thereof; (ii) provide, disclose, or otherwise make the Service available to anyone (and you will immediately notify us of any unauthorised access or use of which you become aware); (iii) send or store infringing or unlawful material in connection with the Service; (iv) send or store viruses, worms, time bombs, Trojan horses, Harmful Code and other malicious code, files, scripts, agents or programs to the Service; (v) attempt to gain unauthorised access to, or disrupt the integrity or performance of, the Service or the data contained therein; (vi) modify, copy or create a database or derivative works from or based on the Service, or any portion thereof; (vii) access the Service for the purpose of building a competitive product or service or copying its features or user interface; (vii) delete, alter, add to or fail to reproduce in and on the Service the name of Shipfix and any copyright or other notices appearing in or on the Service or which may be required by us at any time; or (viii) access, store, distribute or transmit any material during the course of your use of the Service that is harmful, threatening, defamatory, obscene, harassing or racially or ethnically offensive or promotes unlawful violence.
3.4
You must not: (a) use any data made available through the Service as a source for any kind of marketing or promotion or unlawful activity or for the purposes of compiling, confirming or amending your own database, directory or mailing list; or (b) download, make a copy of, or otherwise permanently retain any data made available through the Service in any form, including in any file or on any hard drive, server, or other form of memory, or in any printed form.
3.5
You will provide us with all necessary cooperation and access to information as may be required by us in order to provide the Service.
3.6
Any use by you of the Service in breach of this Agreement that in our judgment threatens the security, integrity or availability of the Service, may result in us immediately suspending your access to the Service.
4.1
To the extent you are permitted access to the Market Insights Dashboard, you are granted a non-exclusive, non-transferable, non-sublicensable, revocable, personal and limited licence to access, view and use the Shipfix Insights Data for your organisation’s internal business purposes only.
4.2
As an authorised user of the Market Insights Dashboard, you may also: (a) download certain Shipfix Insights Data that Shipfix make available for download; (b) modify or manipulate that Shipfix Insights Data or combine it with other data; and (c) if permitted pursuant to the terms of the agreement between us and your organisation, create derived product or work using all or part of that Shipfix Insights Data, in the case of (a) and (b) only for your organisation’s internal business purposes only and in the case of (c), subject to the your compliance with clause 5.4 without restriction. Once downloaded, Shipfix Insights Data is still subject to the restrictions described in clause 5.
5.1
You are granted permission by Shipfix to download certain Shipfix Data that Shipfix make available to its customers of the Service for download and to use that downloaded data for (i) research and publication purposes, provided that Shipfix is appropriately accredited and cited as the original source of publication; and (ii) any other purposes solely for your organisation’s internal business operation. Once downloaded, Shipfix Data is still subject to the restrictions described in this clause 5.
5.2
You must not: (a) use Shipfix Data as a source for any kind of marketing or promotion activity or for the purposes of compiling, confirming or amending its own database, directory or mailing list; or (b) unless explicitly authorised in this Agreement or within the functionality of, or features available on, the Service or Market Insights Dashboard that permit the limited export of data (such as the ‘copy to clipboard’ or ‘export’ function, if available to you), download, make a copy of, or otherwise permanently retain any data made available through the Service or Market Insights Dashboard in any form, including in any file or on any hard drive, server, or other form of memory, or in any printed form.