Last updated: March. 6, 2020
The User who uses the Waterkaarten website and the app for mobile “Nautical” devices (“User”) declares and accepts that he/she is bound by the terms of use set forth in this Agreement (“Agreement”). Absent any such acceptance, the Agreement may not be deemed finalized and, consequently, the User shall not be authorized to use the Waterkaarten Platform (“Platform”).
1. Waterkaarten Services
1.1 Www.waterkaarten.app (“Site”) and the Waterkaarten apps (“Apps”) are a Platform devised and managed by Waterkaarten BV (“Waterkaarten”) which allows Users to visualize nautical charts supported by a variety of information, to create and calculate routes, in accordance with data provided by and uploaded by Waterkaarten and its Users, directly via the Apps . The use of the Apps, the Site and the Premium Services are governed by this Agreement in addition to all the documents and policies published on the Platform.
Free trial period
1.2 By accepting this Agreement, the User acquires the right to use all of the Waterkaarten services available on the Site and in the Apps (“Services”) for one week as a trial (“Free Trial”) .
Subscriptions
1.3 In order to use Waterkaarten Services after the free trial period, it will be necessary to make a purchase a subscription having a duration of one month, three months or one year (“Subscription”).
2. The User’s Account
2.1 Users must create a personal, unique Account to which a unique Username and password will be associated (“Account Credentials”).
2.2 The User is required to adopt whatever measures are necessary to ensure that the Account Credentials are subject to the utmost confidentiality and the User accepts liability for any loss or damage to Waterkaarten and/or to third parties as a result of User’s failure to comply with the aforementioned confidentiality obligation. The User undertakes not to disclose the Account Credentials and the information accessible through same and undertakes not to allow access to the Platform or to the Services to others through the use of his or her Account Credentials or in any manner through his or her Account.
2.3 The User is required to provide Waterkaarten with real, accurate information when creating the Account (and updates if applicable) and, in order to guarantee Account security, undertakes:
(i) not to provide false information;
(ii) not to create false or duplicate Accounts;
(iii) to update his of her personal information whenever requested in order to comply with the provisions of this Agreement;
(iv) not to share or transfer the Account Credentials;
(v) not to adopt as the username or ID for his or her Account any names which breach the law or third-party rights (in such eventuality Waterkaarten shall be entitled to suspend the registration or the Account until such time as the critical aspect arising with regard to the aforementioned name is resolved).
3 The User’s duties
3.1 When creating, modifying, managing and voting on content (“Content”) , the User must comply with the provisions of this Agreement and applicable legal provisions, abiding by principles of good faith, truthfulness and fairness in dealings with the other Users.
3.2 The User undertakes to use the Platform solely in accordance with this Agreement and solely for purposes of using the Services.
Specifically, the User undertakes not to:
(i) transfer or resell the Services or his or her right to use the Platform to others;
(ii) tamper with or operate on the Platform hardware without Waterkaarten’s intervention and authorisation;
(iii) use the Site, the App, the Services should the Account have been temporarily or permanently suspended;
(iv) use the Platform to create or incorporate other datasets correlated to the nautical maps to be used for a service which is similar or identical to the Service;
(v) provide Waterkaarten with data which is false, inexact, misleading or which gives rise to adverse consequences for third parties, particularly when the User registers to create the Account;
(vi) transfer the Account or communicate the username or password to third parties without Waterkaarten’s prior written consent;
(vii) spread viruses, malware or any other technology designed to harm the Platform, the Site, the User’s devices, to breach Waterkaarten’s rights or the rights of other Users or in any way to hinder or disturb use of the Services or the Premium Services by other Users;
(viii) disseminate the Content of the Platform, Services, Premium Services [WJvd1] or proprietary information belonging to Waterkaarten and/or others;
(ix) use any mechanism, software or procedure which may interfere with the proper operations of the Platform;
(x) circumvent instruments prepared by Waterkaarten to ensure the security of the Platform and prevent intrusions or access by unsolicited automated users (by way of example, robots, spam, spiders);
(xi) upload to the Platform or in any way communicate or send through the Platform to other Users content (text or graphic content or any other type) which is offensive, vulgar, violent, false, harmful to Waterkaarten’s image or contrary to law;
(xii) copy, download, duplicate, distribute, disseminate or in any way use – including partially – images, distinctive marks, text and content belonging to Waterkaarten or in any way found on the Platform;
(xiii) export any information outside the Platform, aside from those cases expressly governed by this Agreement.
3.3 Should Waterkaarten have reason to believe, at its own final discretion, that the User has engaged in actions which may give rise to technical problems or legal liability or which run counter to the provisions of the Agreement, Waterkaarten may, limit, suspend or interrupt usability of the Free Trial and Premium Services and the Account, prohibiting access to the app and Waterkaarten may adopt technical (including the removal of unlawful content) and legal measures in order to prevent the User from using the Services.
3.4 In order to allow Waterkaarten to maintain the Platform at secure, optimum operational levels, the User undertakes to do everything possible to report any technical problems coming to his or her attention and relating to the Platform to Waterkaarten, without prejudice to the User’s rights and protection with regard to personal data.
3.5 By accepting this Agreement, the User undertakes to indemnify Waterkaarten and to hold it harmless in addition to its directors, employees, senior executives, agents and any subsidiary, parent company and/or any of Waterkaarten’s associate companies from and against any harm arising from breach by the User of the terms of use of this Agreement, legal obligations or third-party rights.
4. Use of the Free Trial and Services
4.1 Waterkaarten undertakes to ensure that the Platform remains active and to render it accessible through the Site and the Apps, providing technical assistance in order to resolve problems relating to use of the Account due to Platform problems attributable to Waterkaarten, through the email Account support@waterkaarten.app. Given the characteristics of the Free Trial and the Services, the User acknowledges that Waterkaarten will not be accountable for problems in accessing the Platform and App due to causes which are not directly connected to Waterkaarten’s activities or for which it is responsible and, specifically:
(i) problems relating to connectivity and continuity of Internet traffic available to the User;
(ii) problems relating to the User’s IT systems;
(iii) problems relating to the terminals used by the User, including malfunctioning of devices used by the User and including cases in which these devices (such as smart phones, tablets, computers or GPS plotters) are not compatible or fast enough to allow use of the Services;
(iv) interruption of access to the User’s Internet network;
(v) non-compatibility between the User’s mobile device browser and the Platform;
(vi) any other event which may compromise the User’s access to the Free Trial and Services or the Platform (and in any case use of same) which is not caused by Waterkaarten.
4.2 Through use of the Free Trail or the Services, the User may encounter differences between the real conditions and those indicated in the nautical maps and any other data which is accessible through the Platform. The User acknowledges and undertakes to exercise their own judgement irrespective of use of the Platform and its functions, according to the User’s own responsibility and at the User’s own risk and peril. The User is liable for his or her conduct and for the consequences of same.
4.3 When a Service requires or includes downloadable software, or otherwise when the User downloads the App, this software may be automatically updated on the User’s device should a new version or function be available, or this software may require that the User actively updates it. The User undertakes to ensure that the software always remains updated in order to obtain the best possible performance from the Services.
4.4 The Platform may include links to third-party websites which are not controlled or managed directly by Waterkaarten (by way of example, websites belonging to commercial businesses reported by Users through publishing Content). Waterkaarten is not liable for the information and, in general, for the User’s browsing on these websites operated by third parties.
4.5 Some of the Services are available on mobile devices and laptops. The User undertakes to pay the utmost attention in order to ensure safe use and in compliance with applicable laws, with particular regard to the maritime code and laws put in place to protect one’s own safety and the safety of others, and the User acknowledges that neither the Services replace authorised government maps which, together with warnings to navigators, contain all information necessary for safe navigation. Any log generated or viewed on the Platform is to be considered solely as a suggestion for planning navigation and must not be used for direct navigation.
5. Publishing Content and moderation
5.1 Through sending information to Waterkaarten or publishing Content on the Platform, the User grants to Waterkaarten the non-exclusive, unlimited, transferable, sub-licensable and irrevocable right to use the Content and to reproduce, modify, adapt, translate, distribute, publish and create derived works, make publicly visible the Content throughout the world using any means and for any purpose and to use the Username or the name specified in relation to the Content.
5.2 The User has sole liability for the Content published or sent to Waterkaarten or published on the Platform and undertakes not to publish, upload or otherwise make public through the Platform content which:
(i) is false, illegal, misleading, defamatory, slanderous, intimidating, offensive or in any other way contrary to law and public morality;
(ii) offends Users, Waterkaarten or the online community;
(iii) may constitute, encourage, promote or incite unlawful conduct;
(iv) may breach patents, trademarks, trade secrets, copyright or any other intellectual or industrial property rights belonging to any party;
(v) constitutes promotions or trade communications;
(vi) at the sole discretion of Waterkaarten, is in any other manner questionable or unconnected to the subject matter of the interactive areas in which the Content is published.
5.3 The User states that he or she has no objection as to publication, use, including for financial gain, modification and deletion of the Content by Waterkaarten or its successors and assignees and the User states that he or she permanently waives all complaints or claims in respect of the Content.
6. Industrial and intellectual property
6.1 The User acknowledges that:
(i) the industrial property rights to the trademarks viewable on the Platform – specifically the trademarks “Waterkaarten”, “Waterkaarten Nederland”, “Waterkaarten Nautical Maps“ and “Waterkaarten Wasserkarte“ and to the domain names are the exclusive property of Waterkaarten;
(ii) Waterkaarten has exclusive title to the intellectual and industrial property rights in respect of the Platform, the software and the databases connected to the Platform, the App, the Site, the text, artwork, layout and the look and feel of the Platform, the App and the Site;
(iii) Waterkaarten has exclusive title to the Waterkaarten project, the related know-how and all technical and trade information relating to this project;
and the User undertakes not to infringe or disrupt these rights.
6.2 The User states that he or she is the holder of the rights to financial gain allowing him or her to lawfully publish Content on the Platform and the User undertakes not to publish content on the Platform of any type use of which on the Platform might constitute an infringement of third parties’ intellectual or industrial property rights. For information on how to acquire authorization to use the Content of the Platform, you can send an email to support@waterkaarten.app.
6.3 In cases where it is possible for the User to download Waterkaarten’s Content or software from the Site or from the App store managed by third parties, this software – inclusive of files, incorporated or generated images, data and any other element – shall be licensed to the User in accordance with the licensing agreement with the end-user (“EULA”) which can be viewed at the address www.waterkaarten.app.
6.4 All the contents of the Site, inclusive of texts, artwork, images, audio material, video and all else, together with domains, taglines, organization and user look and feel interface are protected by laws governing intellectual and industrial property rights and are the sole property of Waterkaarten or third parties who have licensed them to Waterkaarten. Should the Site allow the downloading of specific contents, it is possible to download a copy of same to just one computer for exclusively personal domestic and not commercial use, subject to the condition that the user (a) does not remove or alter ownership or copyright notices in the downloaded content, (b) does not sell or modify this content, does not reproduce, view, publicly use, distribute or utilize same in any other manner for public or commercial purposes without our prior written authorization, (c) does not use what he or she downloads in such a manner as to suggest any association with our products, services or trademarks. Without our prior written authorization it is prohibited to copy (being known as “mirror”) any Site contents to any other server. The use of the Site contents on other websites or on networked computers for any purpose is prohibited without our express written authorization.
6.5 The trademarks, logos and service marks (“Marks”) viewed on the Site are our property or are third-party property. It is prohibited to use these Marks without our express written authorization or the express written authorization of any third parties affected. For information on how you can acquire authorization to use the Content on your website, send an email to support@waterkaarten.app.
6.6 European Copyright We respect the intellectual property rights of others and expect the Users of our products and Services to do the same. It is our policy to remove content submitted by any User of Waterkaarten’s products on this Site (“Community Layers” or “CL”), content that is infringing the intellectual property of our products. In our discretion we may also terminate the Account of any User who repeatedly submits infringing CL.
7. Term – Withdrawal by User – Termination of the Agreement and Cancellation of the Account
7.1 This Agreement is open-ended and shall cease to be effective in those cases of termination contemplated below, in the event of closure of the Account and cessation of Waterkaarten’s activity on the Platform.
7.2 Once it has been created, the User is entitled to cancel their own Account by sending a written request for cancellation to Waterkaarten at the address support@waterkaarten.app.
7.3 Should the User be inactive for 24 months with effect from the date of the last action on the Site or on the App and the last access to the Account, Waterkaarten shall be entitled to close the Account.
7.4 Waterkaarten shall be entitled to cancel the Account should the User breach any obligation provided for under this Agreement following written notice sent by Waterkaarten, without prejudice to any other remedy provided by law or provided by this Agreement in favour of Waterkaarten.
Changes to the Agreement
8.1 Waterkaarten reserves the right to modify the contents of the Agreement, publishing the new version on the Platform. Unless otherwise specified, all the new terms of use of the Agreement shall be automatically effective once 10 (ten) days have elapsed from the date of publication on the Platform.
8.2 Should the User not accept the changes to the Account and should the User be in possession of an Account, he or she shall be entitled to cancel his or her own Account.
9. Assignment of the Agreement
Waterkaarten may assign this Agreement to an associated company or a company in which Waterkaarten has a shareholding. The User provides his or her consent to such assignment.
10. Privacy and protection of personal data
The User’s personal data shall be processed solely in accordance with the privacy policy statement which can be viewed at the address www.waterkaarten.app/en/privacy.
11. Miscellaneous
11.1 This Agreement and interpretation of same are governed by Dutch law.
11.2 The purpose of the titles of the articles of the Agreement is purely illustrative and in no manner whatsoever do they limit or describe the meaning or the contents of the related article.
11.3 Failure on the part of Waterkaarten to exercise one of its rights does not represent a waiver of its rights to take action against the User or against third parties for breach of undertakings given.