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TERMS AND CONDITIONS
Seafarers´ portal (hereinafter the "Portal") is a free
computer online service, provided by Thenamaris (Ships Management) Inc. (hereinafter
"Thenamaris") with a registered seat at 80 Broad Street, Monrovia
Liberia and an office at 16 Athinas Street and Vorreou Street, Vouliagmeni,
Greece, in its capacity as agent only
acting for and on behalf of the ship owning companies of the vessels under its
management, to seafarers recruited in the past or considered for recruitment
on-board vessels under Thenamaris’ management (hereinafter interchangeably the
"Seafarers" and/or the "Users") the purpose of the Portal
being to facilitate the exchange of information between Thenamaris and the
Seafarers.
1. Scope
The purpose of this Portal is to support, inter alia, the
following functions:
- Registration of the Seafarer and creation of
an account (hereinafter the Seafarer´s Account).
- Update of the Seafarers´ personal
information.
- Declaration of availability of the Seafarer
for his/her next eventual future assignment/recruitment on a vessel within a
specific period.
- Notification mechanism (via SMS and/or
e-mail alerts) to the Seafarer regarding the schedule of his/her future
assignment/recruitment and any change thereon.
2. Registration
The Portal is accessible to the Seafarer through a personal
computer, or other access device, at my.thenamaris.com using a communications connection. The
Seafarer agrees that by registering on the Portal, always upon invitation by
Thenamaris, he/she is entering into a legally binding agreement with Thenamaris
in relation to the use of the Portal based on the terms and conditions herein contained
(referred to as the "Terms and Conditions"), the Privacy
policy and the Notice
Of Processing Of Personal Data hereby incorporated by
reference (collectively referred to as the "Agreement") just as if
the Seafarer had signed this Agreement.
By clicking "Register" the Seafarer acknowledges that
he/she has read and understood the Terms and Conditions of this Agreement and
that he/she agrees to be bound by all of its provisions. By clicking
"Register" the Seafarer also consents to use electronic signatures.
3. Seafarer´s obligations / rights
The Seafarer undertakes to post accurate information in the
designated fields on the profile form of the Seafarers´ Account. The Seafarer
acknowledges that the information entered in the Portal regarding his/her
declaration of availability for next eventual assignment/recruitment on a
vessel under the management of Thenamaris may be relied upon by Thenamaris and
should be considered as binding for him/her. In case the Seafarer changes such
information Thenamaris reserves the right to review/cancel the schedule of
his/her future assignment/recruitment without any liability whatsoever.
The User certifies that he/she is a natural person (not legal
entity) and at least eighteen (18) years of age.
The Seafarer acknowledges that the Portal may contain
information, software, graphics or other material that are protected by
copyrights, trademarks, trade secrets or other proprietary rights, and that
these rights are valid and protected in all forms, media and technologies
existing now or hereinafter developed under the copyright laws of Greece or
other jurisdictions. The Seafarer should not modify, publish, transmit,
participate in the transfer or sale, create derivative works, or in any way
exploit, the Portal, in whole or in part. The Seafarer should not upload, post,
reproduce or distribute any material of the Portal without Thenamaris´ prior
written permission.
The Seafarer is responsible for all charges (e.g. telephone,
internet service, etc.) associated with the connection to the Portal. Moreover,
the Seafarer is also responsible to obtain all telephone access lines, computer
equipment, or other access device, necessary to access the Portal.
The Seafarer should not engage in any conduct that in any way
restricts or inhibits any other person from using the Portal. The Seafarer
agrees to use the Portal only for lawful purposes, under these Terms and
Conditions.
The Seafarer is prohibited from posting on or transmitting
through the Portal any unlawful, harmful, threatening, abusive, harassing,
defamatory, obscene, vulgar, hateful, racially, ethnically or otherwise
objectionable material of any kind, including, but not limited to, any material
which encourages conduct that would constitute a criminal offense, give rise to
civil liability or otherwise violate any local, state, national or
international law in force.
The Seafarer should refrain from using software viruses, or any
other computer code, files or programs that may interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment of Thenamaris or of any other User of the Portal.
The Seafarer is entitled to request from Thenamaris to
close/inactivate his/her Seafarer´s Account and terminate this Agreement and
such termination shall be his/her sole and exclusive remedy.
4. Right to disclose information
Thenamaris is entitled to disclose information about the
Seafarer to the manning agencies which recruit seafarers on behalf of the
owners of the vessels managed by Thenamaris.
Thenamaris is also entitled to disclose information about the
Seafarer if deemed necessary for Thenamaris to disclose such personal
information by law, legal process, litigation, and/or requests from public and
governmental authorities within or outside the Seafarer´s country of residence.
Thenamaris is also entitled to disclose information about the Seafarer if this
is required for purposes of law enforcement, national security, or other issues
of public policy, or if disclosure is necessary or appropriate.
Thenamaris is also entitled to disclose information about the
Seafarer if such disclosure is reasonably necessary for business reasons or to
enforce this Agreement or protect its operations or other Seafarers.
In the event of a reorganization, merger, or change of control
Thenamaris reserves the right to transfer any and all personal information
collected to the relevant third party.
5. Privacy
The Seafarer acknowledges that before deciding to become a User
he/she has carefully read the Privacy
Policy hereby incorporated
into this Agreement by reference, and that this Private Policy governs
Thenamaris treatment of any information, including personally identifiable
information submitted.
6. DISCLAIMER
THE SEAFARER ACKNOWLEDGES THAT THIS AGREEMENT DOES NOT
CONSTITUTE AN EMPLOYMENT AGREEMENT NOR A PROMISE FOR EMPLOYMENT. ANY
INFORMATION MADE AVAILABLE TO THE SEAFARER THROUGH THE PORTAL REGARDING HIS/HER
EVENTUAL FUTURE ASSIGNMENT/RECRUITMENT ON A VESSEL UNDER THE MANAGEMENT OF
THENAMARIS SHOULD NOT, IN ANY WAY, BE CONSIDERED AS AN ACCEPTANCE AND/OR
OBLIGATION AND/OR PROMISE FROM THENAMARIS TO EMPLOY SUCH SEAFARER. THE SEAFARER
ACKNOWLEDGES THAT THENAMARIS ACTS AS AGENTS ONLY ON BEHALF OF THE SHIPOWNING
COMPANIES OF THE VESSELS UNDER ITS MANAGEMENT AND THAT THENAMARIS SHOULD NOT IN
ANY WAY BE CONSIDERED AS EMPLOYER OF THE SEAFARER.
THE USER SHOULD NOT RELY ON THE PORTAL, ANY INFORMATION THEREIN,
OR ITS CONTINUATION. THENAMARIS PROVIDES THE PORTAL ON AN "AS IS" AND
"AS AVAILABLE" BASIS. THENAMARIS DOES NOT CONTROL OR VET USER
GENERATED CONTENT FOR ACCURACY. THENAMARIS DOES NOT PROVIDE ANY EXPRESS
WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OF THE INFORMATION
PROVIDED THROUGH THE PORTAL.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW,
THENAMARIS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS,
INCLUDING, WITHOUT LIMITATION, ANY ACCURACY OF DATA, AND NON INFRINGEMENT IF
THE USER IS DISSATISFIED OR HARMED BY THE PORTAL OR ANYTHING RELATED TO THE
PORTAL.
THENAMARIS DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY
OF THE PERSONS REGISTERING THROUGH THE PORTAL. THEREFORE, THENAMARIS DISCLAIMS
ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF THE USERS´ IDENTITY OR
INFORMATION.
THENAMARIS IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR
WARRANTIES FOR THE DELIVERY OF ANY MESSAGES SENT THROUGH THE PORTAL TO ANYONE.
NEITHER THENAMARIS, NOR ANY OF ITS EXTERNAL PARTNERS, AGENTS,
AFFILIATES OR OTHER RELATED PARTIES GUARANTEE THAT THE PORTAL WILL FUNCTION
WITHOUT INTERRUPTION OR FUNCTIONAL ERRORS. IN PARTICULAR, THE OPERATION OF THE
PORTAL MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK
FAILURES. THENAMARIS DISCLAIMS ALL LIABILITY FOR ANY DAMAGES CAUSED BY ANY SUCH
INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, THENAMARIS DISCLAIMS ALL
LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE
CONDITIONS OF THE THENAMARIS PORTAL DUE TO INAPPROPRIATE EQUIPMENT,
DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE
INTERNET NETWORK, AND FOR ANY OTHER REASON.
THE USER IS RESPONSIBLE FOR KEEPING HIS/HER PERSONAL DATA
ACCURATE AND UPDATED. THE USER AGREES TO HOLD THENAMARIS HARMLESS FROM ANY
CLAIMS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES AND COURT COSTS,
RELATED TO THE VIOLATION OF THE PRESENT AGREEMENT, INCLUDING THE TERMS AND
CONDITIONS, THE PRIVACY POLICY AND THE NOTICE OF
PROCESSING OF PERSONAL DATA.
ANY INFORMATION MADE AVAILABLE TO THE USER THROUGH THE PORTAL
REGARDING HIS/HER FUTURE EVENTUAL ASSIGNMENT/RECRUITMENT TO A VESSEL UNDER THE
MANAGEMENT OF THENAMARIS MAY BE ALTERED AT ANY TIME AT ITS SOLE DISCRETION AND
WITHOUT PRIOR NOTICE OR LIABILITY.
7. Thenamaris´ rights
Thenamaris reserves the right, at its sole discretion and
without prior notice or liability, to restrict, suspend or alter any part of
the Portal, including, but not limited to, (i) restrict the time of
availability, (ii) restrict or increase the availability and/or purpose of the
Portal (i.e. computer types and operating systems), (iii) restrict or increase
the number of permitted Users, and (iv) restrict any User´s right to use the
Portal.
Thenamaris reserves the right to prohibit the content of the
Portal which it deems in its discretion to be harmful to individual Users or
other third-party rights, or to violate any applicable law.
Thenamaris may amend or modify this Agreement or impose new
conditions at any time at its sole discretion and without prior notice or
liability. Any use of the Portal by the User after such amendment shall be
deemed to constitute acceptance by the User of such amendments, modifications
or new conditions.
8. Termination
Thenamaris reserves the right to restrict, suspend or terminate
any Seafarer´s Account for any reason and without previous notification or
liability whatsoever. Upon the termination of the Seafarer´s Account, he/she
loses access to the Portal.
9. Law and Jurisdiction
This Agreement shall be construed and governed by the Greek law.
Any dispute arising out of or in connection with this Agreement shall be
subject to the exclusive jurisdiction of the Courts of Piraeus. The Seafarer
agrees to the exclusive jurisdiction of the Courts of Piraeus.
10. Thenamaris Contact details.
Users may contact Thenamaris via e-mail or courier at:
cr@thenamaris.com
Thenamaris (Ships Management) Inc. as agents only
ATTN: Crew Department
Athinas Street 16 and Vorreou Street
Vouliagmeni, 116 71
Attica, Greece
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