General Terms and Conditions (GTC) for Superintendent's Manual (SM)

 
This General Terms and Conditions (GTC) is an integrated part of the Subscription Agreement established between DNV Maritime Partner (DNV) and the user of SM (the User) for full access to the relevant web sites as specified below:

1. Introduction
The www.superintendentmanual.com (Web Site, WS) is comprised of various web pages operated by DNV, giving access to SM. WS is offered to the User conditioned on the User’s acceptance without reservations of the terms, conditions and notices contained herein. Hence, the User’s application of the SM in his operations constitutes the User’s acceptance of and agreement to all such terms, conditions and notices. The User’s failure to follow the terms and conditions set out in the GTC or in bulletins posted at various points in the SM/WS, may result in suspension or termination of the User’s access to SM.

2. Modification of the Agreement
DNV reserves the right to change terms, conditions, and notices under which SM is offered, including but not limited to the charges associated with the use of SM. The User will be informed about any such modifications in due course and his acceptance of these will be subject to further agreement between DNV and the User.

3. Access to SM
In relation to the authenticity of the User, certain personal data will be collected by DNV for personnel authorized by the User as user of the SM, including name, e-mail address, telephone numbers and area of responsibility. The User hereby explicitly consents to DNV storing such data and using and treating them as necessary in relation to the provisions of SM. The applied SM technology also enables DNV to record User behaviour on SM, and the User hereby explicitly consents to DNV doing so.
 
Furthermore, DNV reserves the right to use recorded User behaviour for statistical purposes. Any User behaviour provided to a third party will be provided as statistical information and will not include any personal information.

4. Propriety Rights / Use of SM
DNV has acquired an unrestricted ownership to the SM project, and has given the User a personal right to apply SM in his daily work. Hence, the User may not authorize others to use SM, but if the User allows other to use SM, the User is responsible for all use by the User and those he allows to utilize SM under this Agreement. The User may thus not sub-license, copy, transfer, sell or assign his rights under this Agreement to any third party without the previous written approval by DNV. Any attempt to do so will be considered a material breach of the terms of this Agreement. Since SM contains copyright and other proprietary information, the User may not in any way make commercial or other unauthorized use of the information obtained through SM, by publication, re-transmission, distribution, sale, or otherwise utilize any DNV information derived from SM/WS for other purposes than described herein and in accordance with this Agreement, except as expressly permitted by DNV in writing, The User further agrees to use SM only for lawful purposes, and acknowledges that his failure to do so will subject the User to legal proceedings. The User also agrees not to disrupt, modify or interfere with the SM/WS, or its associated software, hardware, and/or servers in any way, and the User agrees not to impede or interfere with others' use of SM. The User further agrees not to alter or tamper with any information or material in or associated with the SM. However, the SM has been designed to allow the User to include own guidelines and experiences as a supplement for his own use.

5. Protection of User’s password
The User has through this Agreement been given a personal right to apply SM. The User will be solely responsible for maintaining the confidentiality of his password. The User is further and solely responsible for all usage or activity in SM including, but not limited to, use of SM by any person who has been given access to the User’s subscriber ID and password. If the User has any reason to believe that his access to SM is no longer secure (i.e. in event of a loss, theft, or unauthorized disclosure or use of the User’s ID and password), the User must promptly notify DNV of the problem. DNV shall forthwith be notified if:
 
a) The User has forgotten or lost his password; or
b) The User learns or suspects that someone other than the
 
User is or may be using the User’s password or access to SM. The User hereby agree to release DNV, its affiliates and its third-party providers, and each of their respective directors, officers, employees and agents from claims, demands and damages (actual and consequential of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed (“Claims”), arising out of or in any way connected with the User’s application of this WS and SM.

6. Liabilities
Every effort is made to provide accurate and complete information. However, with the amount of information available DNV cannot guarantee that there will be no errors. DNV makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the contents of the SM and expressly disclaims liability for errors and omissions in the contents of the SM.
It must be clearly understood that neither DNV nor the project’s professional and other contributors, can assume any responsibility whatsoever for possible unsatisfactory results in connection with application or implementation of given guidelines and/or technical descriptions, or for possible undesirable consequences or damages which might be traced back to such information.

7. Termination

In the Subscription Agreement is stated that the Agreement is valid until termination is given in writing. If the User terminates the Agreement, the termination will enter into effect at the end of the period that has been paid for. Unless the termination of the Subscription Agreement has been made within the end date of the current subscription period, the subscription period will automatically be renewed for one more year. If DNV terminates the Subscription Agreement due to violation of the agreement terms, termination will take place immediately and without repayment of paid fees.

8 Law and Jurisdiction
This Agreement shall be governed and construed in accordance with the laws of Norway.