TERMS AND CONDITIONS

2. Registration

The Form is accessible to the Seafarer through a personal computer, or other access device, at www.thenamaris.com using a communications connection. The Seafarer agrees that by registering on the Form he/she is entering into a legally binding agreement with Thenamaris in relation to the use of the Form 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 of the Form. The Seafarer acknowledges that the information entered in the Form regarding his/her nationality, certification, training and past employment service should be considered as binding for him/her and may be relied upon by Thenamaris. In case the Seafarer changes such information Thenamaris reserves the right to reject his/her application 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 Form 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 Form, in whole or in part. The Seafarer should not upload, post, reproduce or distribute any material of the Form without Thenamaris´ prior written permission.

The Seafarer is responsible for all charges (e.g. telephone, internet service, etc.) associated with the connection to the Form. Moreover, the Seafarer is also responsible to obtain all telephone access lines, computer equipment, or other access device, necessary to access the Form.

The Seafarer should not engage in any conduct that in any way restricts or inhibits any other person from using the Form. The Seafarer agrees to use the Form only for lawful purposes, under these Terms and Conditions.

The Seafarer is prohibited from posting on or transmitting through the Form 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 Form.

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

As also described in the Privacy Policy, in principle, Thenamaris does not disclose the processed personal data to third party recipients outside the company.

Thenamaris may make certain personal information data available to service providers, such as consultants, accountants, lawyers and IT service providers and/or to certain manning agencies which recruit seafarers on behalf of the owners of the vessels managed by Thenamaris. These third parties will process the personal data solely on behalf of and on the basis of orders of Thenamaris as these are set out in the respective data processing agreements and in compliance with the applicable legislation on personal data including the General Data Protection Regulation.

It may be necessary by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence for Thenamaris to disclose your personal data. Thenamaris may also disclose information about you if this is required for purposes of law enforcement, national security, or other issues of public importance, disclosure is necessary or appropriate.

Thenamaris is also entitled to disclose information about you if such disclosure is necessary to enforce the Terms and Conditions or protect its operations or other Seafarers and/or Thenamaris´ shore personnel. Additionally, in the event of reorganization, merger, or change of control Thenamaris may 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 (personal data) 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 FORM REGARDING HIS/HER EVENTUAL FUTURE 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 FORM, ANY INFORMATION THEREIN, OR ITS CONTINUATION. THENAMARIS PROVIDES THE FORM 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 FORM.

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 FORM OR ANYTHING RELATED TO THE FORM.

THENAMARIS DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS REGISTERING THROUGH THE FORM. 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 FORM TO ANYONE.

NEITHER THENAMARIS, NOR ANY OF ITS EXTERNAL PARTNERS, AGENTS, AFFILIATES OR OTHER RELATED PARTIES GUARANTEE THAT THE FORM WILL FUNCTION WITHOUT INTERRUPTION OR FUNCTIONAL ERRORS. IN PARTICULAR, THE OPERATION OF THE FORM 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 FORM 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.

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 Form, including, but not limited to, (i) restrict the time of availability, (ii) restrict or increase the availability and/or purpose of the Form (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 Form.

Thenamaris reserves the right to prohibit the content of the Form 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 Form 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 Form.

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 mail at:
cr@thenamaris.com or dataprivacy@thenamaris.com
Thenamaris (Ships Management) Inc. as agents only
ATTN: Crew Department

Athinas Street 16 and Vorreou Street
Vouliagmeni, 116 71
Attica, Greece