Bringing shipping and logistics into the digital age
 

PERFORM Terms & Conditions

 
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Last updated 1 August 2018

 

The following terms and conditions constitute an agreement (the "Agreement") between you the customer ("Customer") and Klaveness Digital AS, and its affiliates (“Klaveness”). This Agreement governs the relationship between Customer and Klaveness in respect of Customer's and the Users' (as defined below) use of the Services (as defined below). By subscribing to and by using our Services, the Customer accepts this Agreement in full. If the Customer disagrees with this Agreement or any part of this Agreement, the Customer must not subscribe or use our Services.

“Services” shall mean the website https://perform.klaveness.com including all material on the website as well as all services made available by Klaveness through the website https://perform.klaveness.com.

"User" shall mean anyone being authorized by the Customer to use the Services made available to the Customer under the Agreement. The Customer is responsible for the User being compliant with the conditions of the Agreement and for ensuring that the relevant conditions of this Agreement are known by the User.

 

1.       Customer's Klaveness Account(s)

Klaveness Account(s) are needed in order to use our Services. To protect Customer's Klaveness Accounts, keep passwords and other login details confidential. Klaveness will not be liable to the Customer in respect of any loss arising from Customer's failure to keep these details confidential. The Customer is responsible for the activity on or through a Klaveness Account.

 

2.       License to use the Services

Subject to the terms and conditions set out in this Agreement and the Payment Terms and subject to Customer's compliance with this Agreement, Klaveness hereby grants Customer a non-exclusive, non-transferable, non-sublicensable, limited license to use the Services as provided by Klaveness in the manner permitted by this Agreement.

The term of Customer's licenses under this Agreement shall commence on the date that Customer subscribe to the Services and ends on the earlier date of either Customer's or Klaveness’ termination of this Agreement, cf. section 10 of this Agreement. 

Klaveness retains all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, and patents whether registered or not and all applications thereof. This Agreement does not grant Customer the right to use any branding or logos used in the Services. All rights not expressly granted to Customer herein are reserved by Klaveness.

Customer agrees not to:

a.       reproduce, duplicate, copy or otherwise exploit the Services or any part thereof;

b.       sell, rent or sub-license material from the Services unless explicitly allowed;

c.       remove, obscure or modify any copyright, trademark or other proprietary rights notices contained on or within the Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material;

d.       use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services;

e.       use the Services in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

f.        use the Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or

g.       conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Services without Klaveness' express written consent.

 

The Services may include measures to control access to the Services, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. Customer may not interfere with such access control measures or attempt to disable or circumvent such security features.

 

3.       Information collection and use

The Services are based on and dependent on getting access to information regarding customer's vessels or vessels under management by customers, such as but not limited to position data, vessel speed, consumption data, design and year of construction, (the "Data") which must be shared by customers of the Services. The Data may be provided directly from the customers to Klaveness and/or via third party services.

By entering into this Agreement the Customer grants Klaveness the right to collect Data from third party services for use in the Services.  Unless otherwise explicitly specified, the Customer is further obligated to regularly provide Data directly to Klaveness or via third party services, as specified from time to time.

The Customer is responsible for all Data being complete and correct, and is also responsible for having obtained any consents etc. necessary to legally share the Data with Klaveness.

If the Customer does not fulfill its obligation to share Data in accordance with this section, Klaveness may terminate this Agreement.

 

Klaveness may use the Data free of charge and without any time limit, as long as this is done on an anonymous basis ("Aggregated Data"). Klaveness is hereunder entitled to compile and analyse the Data to prepare reports, studies, analyses, statistics, and otherwise as part of the Services offered from time to time.

Klaveness shall have exclusive ownership rights to and the exclusive right to use such Aggregated Data for any purpose, including but not limited to, as part of its Service and towards other customers/ prospective customers. Klaveness may not distribute Data in a manner that is identifiable as the Customer's data without first obtaining the prior written consent of Customer.

Klaveness may not disclose to third parties or use any Data except as set out in this section or as is reasonably necessary to perform its other rights and obligations under this Agreement (including disclosing Data as authorized by the Customer) or to comply with any legal, regulatory or similar requirements.

Upon termination of this Agreement, irrespective of the reason, Klaveness shall retain the right to use the Data/Aggregated Data as specified in this section. Upon termination of this Agreement Klaveness will further continue to collect Data from third party services regarding Customer's vessels unless Customer has actively chosen to stop sharing Data with Klaveness. Cf. also section 10.

 

4.       Privacy Policy

Klaveness undertakes to comply with the terms of its Privacy Policy in respect of the Services. By using our Services, Customer agrees that Klaveness can use Customer's/User's personal data in accordance with our Privacy Policy .

The Customer accepts that Klaveness may provide the Customer with information about products and services that may be of interest to the Customer. Klaveness may contact the Customer by email, mail or telephone. The Customer may at any time contact Klaveness if the Customer no longer wishes to receive information, news or offers from Klaveness. Please see contact information below. 

 

5.       Modification, termination and temporary suspension of Services

Klaveness may add or remove functionalities or features, and may suspend or stop a Service altogether.

Klaveness is if necessary further entitled to temporarily suspend supplying the Services due to technical, operational or maintenance-related matters or in other special situations. Such temporary suspensions will not entitle the Customer to claim compensation or other reimbursement, and Klaveness will not be responsible for the inconvenience this might cause the Customer.

 

6.       Amendments to the Agreement

Klaveness may modify this Agreement to, for example, reflect changes to the law or changes to our Services. Klaveness will send Customer an email as well as post a notice of modifications to the Agreement on https://perform.klaveness.com. Please check this page regularly to ensure you are familiar with the current version. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. Customer will be deemed to have accepted such changes by continuing to use the Services. If Customer does not agree to the modified terms for a Service, Customer should discontinue the use of the Services.

 

7.       No warranties

To the maximum extent permitted by applicable law, the Services are provided to Customer “as is,” with faults, without warranty or guarantees of any kind, without performance assurances. Klaveness do not guarantee that the operation of the Services will be uninterrupted or error-free, or that the Services will interoperate or be compatible with any other services or that any errors in the Services will be corrected. Klaveness do not guarantee the accuracy or completeness of the Services or data provided on and via the Services, and Customer's use of the Services and any data provided by it is at Customer's sole risk.

Klaveness do not make, and hereby disclaim, any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of third party rights. 

Customer is responsible for configuring Customer' information technology, computer programs and platform in order to access our Services. Customer should use Customer's own virus protection software which at least should be good industry standard.

 

8.       Limitation of liability

In no event will Klaveness be liable for special, incidental or consequential damages resulting from access, use or malfunction of the Services, including but not limited to, damages to property, loss of goodwill, computer failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, loss of data, lost profits or punitive damages from any causes of action arising out of or related to this Agreement. 

This limitation of liability shall apply to the maximum extent permitted by law.

In no event shall Klaveness’ liability for damages (except as required by applicable law) exceed the actual price paid by Customer for use of the Services.

 

9.       Indemnity

Customer agrees to indemnify, defend and hold Klaveness harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) Customer's acts and omissions to act in using the Services pursuant to the terms this Agreement; or (ii) Customer's breach of this Agreement.

 

10.   Termination

This Agreement will continue to apply until terminated by either the Customer or Klaveness as set out below. Customer has the right to terminate this Agreement on thirty (30) days prior written notice to Klaveness.

Klaveness may at any time terminate this Agreement with immediate effect by notice in writing to the Customer if;

a.       Customer has breached any provision of this Agreement and fails to remedy that breach within thirty (30) days of notification of such breach by Klaveness;

b.       Klaveness is required by law to do so;

c.       Klaveness decides to no longer provide the Services or parts of the Services.

Upon termination of this Agreement Customer shall promptly cease accessing and/or use the Services.

Upon termination of this Agreement, irrespective of the reason, Klaveness shall retain the right to use the Data/Aggregated Data as specified in section 3 of the Agreement.

 

11.   Governing law and dispute resolution

 This Agreement will be governed by the laws of Norway

The parties shall seek to solve amicably through negotiations any dispute, controversy or claim arising out of or relating to this Agreement or the breach, termination or validity thereof. If the parties fail to solve such dispute, controversy or claim by an amicable written agreement within fourteen days after such negotiations have been initiated by a party, such dispute, controversy or claim shall be settled by Norwegian courts with Oslo District Court as legal venue.

 

IF CUSTOMER HAS ANY QUESTIONS CONCERNING THIS AGREEMENT, CUSTOMER MAY CONTACT:

Klaveness Digital AS

Drammensveien 260, P.O.Box 182 Skøyen NO-0212 Oslo, Norway

hsr@klaveness.com

Tel: 0047 22526311

 
 

PERFORM PRIVACY POLICY

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Last updated 1 August 2018

 

When you use Klaveness Digital AS' and its affiliates' ("Klaveness") services, you trust us with your information. This Privacy Policy describes what information we collect, why we collect it, and how it is used.

1           Processing of personal data

1.1          Contact information

To be able to provide our services we collect our customers' contact details, including name, email, telephone number and postal address.

The purpose for processing the data is to be able to provide the services, for customer administration, for improving the services and for providing information about our products and services.

Klaveness Digital AS is the data controller for processing of personal data in Perform. Klaveness will process personal data in compliance with applicable Norwegian laws on data protection and information security, including the Data Protection Act.

 

1.2          Information and marketing

When accepting our terms and conditions you consent to Klaveness providing you information about products and services that may be of interest to you. Klaveness may contact you by email, mail or telephone. You may at any time contact us if you no longer wish to receive information, news or offers from us. Please see contact information below. 

1.3          Customer support

When you contact Klaveness, we keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about our services, such as letting you know about upcoming changes or improvements.

1.4          Information about payments

If you use our services for financial transactions, we collect information about the transaction. This includes your payment information and other account and authentication information, as well as billing, shipping and contact details.

1.5          Device information

We collect information from or about the computers, phones, or other devices where you install or access our services, depending on the permissions you have been granted. We may associate the information we collect from your different devices, which helps us provide consistent services across your devices. Here are some examples of the device information we collect:

Attributes such as the operating system, hardware version, device settings, file and software names and types and device identifiers. We may also collect connection information such as the name of your mobile operator or ISP, browser type, language and time zone and IP address.

2           Vendors, service providers and other partners

We only provide strictly necessary information to vendors, service providers, and other partners who globally support our business, such as providing technical infrastructure services, analyzing how our services are used, providing customer service, facilitating payments, or conducting academic research and surveys. These partners must adhere to strict confidentiality obligations in a way that is consistent with this Privacy Policy and the agreements we enter into with them.

3           Use of cookies

Our website https://perform.klaveness.com uses cookies. A cookie is a small data file sent from our website and stored on your computer. We use cookies to improve your user experience by making the website work more efficiently as well as to provide us statistical information about the use of our website.

By use of our website you consent to our use of cookies. If you wish to manage or opt out of using cookies, you can do so by setting you browser to not accept certain or all cookies. Please see your browser’s help information or visit aboutcookies.org on how to manage cookies. If you choose not to accept cookies we cannot guarantee that our website will work properly.

4           Information security

Klaveness has established technical and organizational measures to ensure the confidentiality, integrity and availability of data. In particular:

·         We encrypt many of our services using SSL;

·         We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems; and

·         We restrict access to personal information to Klaveness employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

5           Access, rectification and deletion of personal data

You have the right to request access, rectification and deletion of your personal data held by Klaveness. Access request regarding personal should be directed to Klaveness according to the information provided below.

Your personal data will be retained as long as necessary to fulfill the purpose of the processing of the personal data. Unless there is a mandatory statutory requirement to store the data for a longer period the data will then be deleted.

You can suspend your account any time. The account may also be deleted on request.

6           Changes to the Privacy Policy

This Privacy Policy may be updated from time to time. You will be notified about any changes to this Privacy Policy and be given the opportunity to review the revised policy before continuing to use our services.

7           Contact

If you have any questions related to Klaveness' processing of personal data, please contact:

Henrik Semb Rønningen

Legal Department

Drammensveien 260, P.O.Box 182 Skøyen NO-0212 Oslo, Norway

 hsr@klaveness.com

Tel: 0047 22526311

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