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PRIVACY POLICY

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

 



Seafarers Portal