Enviromar Terms and Conditions
Article 1 – Copyright
- Copyright to the Enviromar platform (hereinafter mentioned as “Service”) and any other rights related to the Service shall belong to Nostra Shipping Services (hereinafter mentioned as “Nostra”) and the development companies of the Service. Companies applying for EU-MRV/UK-MRV/IMO DCS and users of the Service (collectively, the “Users”) shall only have the non-exclusive right to use the Service in accordance with the terms and conditions herein (the “Terms and Conditions”).
- The data that the Users provide the Service will be stored in the data center managed by Nostra. Nostra will not assume the duty of care of a good manager with respect to the storage of such data, and will not warrant the completeness of such stored data and the availability for use of such stored data by the Users.
- Nostra and the Users shall use the data, provided or transferred by the Users to Nostra pursuant to their use of the Service and stored in the data center managed by Nostra relating to the Service, only for the purpose of the EU-MRV/UK-MRV/IMO DCS compliance procedure, and shall not use it for any other purposes, by applying for the service in accordance with the terms and conditions set forth by Nostra Shipping Services Ltd. , such User may use such data stored in Enviromar Service for purposes other than EU-MRV/UK-MRV/IMO DCS compliance procedure in accordance with such separate contract.
Article 2 - ID and Password
- The Users must be careful not to leak their login ID and password to any unauthorized persons. Neither Nostra nor any of its employees shall be liable for any losses, damages or expenses of whatever nature incurred by the Users arising out of or in connection with any unauthorized access of the Service.
- If a login has occurred by using a login ID and the corresponding password, Nostra shall deem that the User registered with that login ID has logged in to the Service.
- Every User shall be eligible to have one (1) ID and password. Companies that have multiple vessels and/or Users shall still be assigned with one (1) ID.
Article - Use of the Service, etc.
- The method of providing the Service will be the one that Nostra establishes from time to time.
- Nostra will not warrant that the programs for the Service are free from bugs or that the related data is free from errors.
- Nostra may suspend or terminate the Service without notice. Neither Nostra nor any of its employees shall be liable for any losses, damages or expenses of whatever nature arising out of or in connection with such suspension or termination of the Service.
- Users shall pay to Nostra the fees with respect to the use of the Service by wire transfer to the bank account designated by Nostra within 30 days after the issuance date of an invoice from Nostra (the expenses required for such wire transfer shall be borne by the Users).
- The fees with respect to the use of the Service will be charged upon application for the Service, after the User chooses the plan that he would like to register. Plans and pricing can be found in Enviromar website (https://enviromar.com/pricing/).
- The usage period for the Service starts at the time that Nostra receives a User’s application for the Service and ends in case the User de-registers the Service.
- If there is any change in a User’s company name, address, contact information or other items registered with the Service, the User shall promptly report the change to Nostra.
Article 4 - Prohibition
- In using the Service, Users are prohibited from engaging in any of the activities listed in the items set forth below:
- Using the Service for the purposes of making available all or part of the Service or any function thereof to a third party;
- Granting a license of, selling, leasing, renting, transferring, or establishing security on, the Service to or for a third party;
- Reverse engineering, such as disassembling, the programs for the Service by any means, or analyzing the source code or algorithm thereof (unless deemed legal); or
- Modifying, duplicating, adapting, processing, or otherwise amending the Service and creating derivative products using any part or all of the Service.
- If Nostra or any of its employees suffer any losses, damages or expenses arising out of or in connection with unauthorized use, etc. of the Service, Nostra or its or employees may claim for reimbursement of such losses, damages or expenses to the responsible Users.
Article 5 - Indemnification
- Neither Nostra nor any of its employees shall be liable for any losses, damages or expenses incurred by the Users arising out of or in connection with the use or inaccessibility of the Service.
- Use of the Service does not assure User’s certification of EU-MRV/UK-MRV/IMO DCS.
- Users shall use the data obtained through the Service at their own responsibility and cost. Neither Nostra nor any of its employees shall be liable for any losses, damages or expenses of whatever nature incurred by the Users arising out of or in connection with fraud or error with respect to such data.
Article 6 - Version Upgrade
- Nostra may make updates to the Service. The Users may obtain updated versions of the distribution program of the Service by logging in to the Service if they wish. The Users shall use the updated versions of the Service in accordance with these Terms and Conditions. Neither Nostra nor any of its officers and employees shall be liable for any losses, damages or expenses of any nature arising out of or in connection with the use of old versions after the distribution of an updated version of the Service.
Article 7 - Suspension
- The Users may suspend use of the Service.
- If any one of the items set forth below applies to a User, Nostra may immediately suspend that User’s use of the Service without notice or compensation.
- In the event that the User breaches these Terms and Conditions to the Service;
- In the event that any filing related to bankruptcy, corporate rehabilitation, corporate reorganization or any other insolvency proceedings of the User is made or the assets of the User become subject to provisional attachment, provisional disposition, or compulsory execution by a third party; or
- In the event that the User is discovered to have a relationship with anti-social forces.
Article 8 - Confidentiality
- Nostra is prohibited from disclosing or leaking to any third party any confidential information related to the Users’ technology known through the Service; provided, however, that this Article does not apply (i) if Nostra obtains prior consent from the Users, (ii) if the disclosure is based on laws and regulations, or (iii) if the disclosure is required by court order, legal proceedings or is requested by a public organization, such as a national government having valid authorities.
- Paragraph 1 of Article 8 shall survive even after a User suspends use of the Service in accordance with paragraphs 1 and 2 of Article 7.
Article 9 - Amendment
- Nostra may amend these Terms and Conditions at any time it deems necessary, without prior notice to the Users. However, if the Users will be significantly affected by the amendment of these Terms and Conditions, Nostra shall inform them thereof by issuing a notice with a reasonable notice period. Notices regarding amendments to the Terms and Conditions shall be posted on Nostra’s homepage, so please visit the page accordingly.
Article 10 - Governing law, etc.
- The provisions of these Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Cyprus without giving effect to said Nation’s choice of law principles.
Article 11 - Consultation
- Any matter not provided for in these Terms and Conditions or any question relating to the interpretation thereof shall be resolved by consultation in good faith between the Users and Nostra.