Please read this document carefully. It contains important information about rights and obligations as well as access to use information about the website and / or Services.
By browsing our site you agree to the Terms and Conditions described below. This document represents a legal convention. A contract between you and us. Please read our Privacy Policy before browsing the site. If you do not agree to these Terms or the Policy stated above, please do not use the site.
We reserve the right to change these Terms at any time and without prior notice. By accessing our site you will find the latest version of the Terms.
We cannot guarantee that any Services that have been included at any time on the site will be available at any time. We reserve the right to terminate at any time the provision of a service.
If you have any questions or concerns, you can contact us with confidence at office@seamanshelp.com and we will answer you as soon as possible.
1. Informations about the site
2. Your accept
3. Definitions
4. The access and use of this site
5. Other clauses, rules, etc.
6. Content and/or services based on subscription or tax
7. User registration and connecting/disconnecting
8. Passwords and account details
9. Site changes and these clauses
10. Permitted and forbidden use of this site
11. Posting by user
12. Copyright – property of site content
13. Intellectual property
14. Privacy
15. User content – information/materials transferred or provided
16. Forbidden or restricted user content
17. Revision of user content by S.C. Phoenix Martech Assistance S.R.L.
18. The user content and the use of site without liabilities
19. Storage and loss of user content
20. Site services and site content without warranties
21. Advertisement and transactions with third parties
22. Software downloads and on-line applications – restrictions and documents for rights renouncement
23. Warranty
24. Connexion by hypertext to and from this site
25. Insurance
26. Annulment
27. Force majeure and litigations
28. Notifications
29. Non-competition
30. Conflict of interests
31. This agreement
32. The governing law
33. Miscellaneous
1. Informations about the site
The website seamanshelp.com is created, managed and operated by S.C. Phoenix Martech Assistance S.R.L.
The Terms and Conditions of Use are considered the minimum applicable provisions, the use of the Site subject to the general provisions of the legislation in force.
2. Your accept
2.1. Accessing and/or using this website, including the services and the available content on this site or on third parties’ sites, but presented on this site you confirm that you have read, understood, agreed and fully comply with the Clauses and Conditions of Website Use, including the Personal Data Protection Policy, as provided in UE Directive (UE) 679/2016 of the European Parliament and the Council of the 27th of April 2016 and in the Law no. 677/2001 for persons’ protection on the processing of personal data and free movement of these data, as amended and the Terms and Conditions of Copyright, governed by the Law 8/1996. If after reading the Clauses and Conditions of Website Use you do not agree with their content, please do not use the website www.seamanshelp.com.
2.2. Clauses and Conditions of Use mentioned above can be revised and/or modified by the Site Administrator at any moment depending on the changes of law without prior notification of users. Modifications or changes shall enter into force when published on this website. If you continue to use this site after revision it is considered that you have fully accepted the Clauses and Conditions to Use the Website, including the modifications or changes occurred. You are obliged to periodically get informed on the newest version of Clauses and Conditions of the Website Use. The most recent date when the Clauses and Conditions of Use is updated will be shown at the end of the document.
3. Definitions
In this document:
”Phoenix Martech Assistance” or ” Developer”
means Phoenix Martech Assistance SRL, a limited liability company, established and operating in accordance with the Romanian laws, having its registered office in Constanta, Poporului Street no. 36, Constanta County registered with the Trade Register under no. J13 / 2309/2018 fiscal code 39761120.
“Order”
means an order placed by the User through the Platform by which the User expresses his / her commitment to purchase one or more Services, under the conditions provided in this document and / or agreed with Phoenix Martech Assistance by means of remote communication.
“Account”
means the section of the Platform accessible to the User by the use, with identification role, of an e-mail address and a password, which allows the User to send an Order and which contains information about the User and the history of the User on the Platform (eg, Previous orders, invoices tax etc.).
“Contract”
means the consensual understanding at the distance between the Developer and the User, without their simultaneous physical presence, regarding the acquisition of one or more Services on the Platform, by issuing an Order by the User and accepting it by the Developer, in compliance with the legal provisions and the Terms and Conditions for the online provision of Phoenix Martech Assistance services. As a rule, the Contract is concluded in Romanian and where appropriate in English.
”Confidential Information”
means any information regarding the User or Developer, their associations and affiliates or this Agreement and made available either before or after the date of signature. Also, the Confidential Information means any kind of information contained in the Deliverable, as defined below.
”Available”
means any of the services available and provided through the Platform to the User as a result of placing an Order.
“Platform”
means the website owned by Phoenix Martech Assistance having the domain https://seamanshelp.com/ and using logos of Phoenix Martech Assistance, through which Phoenix Martech Assistance presents the Services offered for rendering, and Customers can choose the Products and / or that they want to purchase, respectively to pay in one of the payment methods accepted by Phoenix Martech Assistance. It represents the website https://seamanshelp.com/ and its sub-domains (main page and underlined web pages) or other collected information and / or applications operated and available for access through physically or wirelessly linked networks (including internet and networks). accessible using wireless application protocol or similar technology (wap) through access units such as PCs, laptops, mobile phones, PDAs (Palmtop computers), or other devices through the network, to which these Terms are sent or to which special reference is made in relation to the User to whom the agreement is requested in relation to these Terms. Any reference to this website or site includes a reference to the respective wap site. Also, the Platform is used for processing and administering Orders for the delivery of the Services and recording the payments related to their sale.
“Services”
means any services that are offered to the User in order to purchase, at a cost, through the Platform.
“Specifications”
means any details regarding the characteristics of the Services as specified in the description available on the Platform.
”Terms”
means the Terms and Conditions.
“Transaction”
means the payment operation carried out by the User, respectively collected by the Developer, of a sum of money as a result of the provision by Phoenix Martech Assistance, respectively the purchase by the User, of one or more Services.
“User or You”
means any natural or legal person who accesses or uses this site and whether or not you are registered to use this site or any part of it or a member or Registered User of a Service offered through this site, which owns and uses for private purposes the name of username and password to connect to the site.
„GDPR”
REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Regulation) regarding data protection).
Other certain clauses are defined in the text below.
4. The access and use of this site
By accessing, searching or downloading any part of this site or its content, or by sending or transferring in this site or any other use of this site or its content either as a registered User or as an unregistered visitor you agree to comply with these Clauses without change (meaning a contract between You and S.C. Phoenix Martech Assistance S.R.L.) and all relevant applicable laws.
If your access to this site or to any part thereof or to any Services is subject to a paid subscription or other fees to access certain sections of the site, S.C. Phoenix Martech Assistance S.R.L. can deny or suspend the access if the payment of the fee is delayed or remains unpaid.
The access to this site or to Services can be limited to a maximum number of accessions and/or duration in a certain period of time.
You agree to not access this site by any other means than by the interface made available by S.C. Phoenix Martech Assistance S.R.L. to use in accessing the site.
S.C. Phoenix Martech Assistance S.R.L. gives you permission to access and use this website if:
* you comply with the Clauses and Conditions to Use the website;
* you access and use this website only in personal and non-commercial interest;
* you will not copy or distribute any part of this website in any environment, exception being made if you obtained in advance an authorisation in writing from the website administrator or the site explicitly made available an option to distribute the content (ex. Embedding);
* you will not modify or alter any part of this website besides of what it is necessary in a reasonable manner to proper use of the website for the purpose of its establishment;
* when you use the Embed option on other site, you will not modify in any way the video player, using it only within the parameters made available explicitly by site.
* you do not use any automatic system to access this site and its content, including but not limited to “robots”, “offline readers”, etc., which access the website in a manner that sends more requests to S.C. Phoenix Martech Assistance S.R.L. servers in a period of time than a person can do in the same period of time, in a reasonable manner using a conventional web browser. S.C. Phoenix Martech Assistance S.R.L. however allows the operators of public search engines to use certain software programs to copy information with the sole purpose of creating in those search engines indexes of the website content without the right of cach or archiving that information. You agree not to collect any personal information from the website, including the accounts’ names. At the same time you agree not to use for commercial or advertising purposes the communication systems provided on the site (comment forms, contact forms, e-mail);
* S.C. Phoenix Martech Assistance S.R.L. reserves the right to stop at any time any of the facilities of this website;
* in order to be able to access certain elements of this site and to be able to benefit from the entire range of services provided, it is necessary to create an account. You will not be able to use the account of another person without the permission of that person. To create the account, you have to provide proper and complete information. You are the sole responsible for the activity in the limits of your account and you will have to keep the account password safe. If you observe an unauthorized use of your account, you will have to immediately notify the website administrator. Even if S.C. Phoenix Martech Assistance S.R.L. and its administrators are not responsible for the damage caused by the unauthorized use of your account, you could be liable for the damage caused to the website or to third parties by the unauthorized use of your account.
5. Other clauses, rules, etc.
These clauses are additional to other Clauses that can be applicable to the Users with regard to distribution, licence or contract or other applicable contracts and clauses. Where this site or parts of this site contain rules, directives, behaviour codes, other clauses or other indications for the Users, these are bound to comply with those rules, directives, etc. In case of any conflict or inconsistency, these Clauses will prevail. If you do not agree with any of these Clauses (or any other rules, directives, etc.), you are not allowed to use this site.
These Clauses can contain provisions referring to functionalities or Services that are not (and are not intended to be) available by means of this site. To the extent that any provision of these Clauses refers only to such functionalities or Services, they will not have any power or effect and will not affect the validity of the other provisions.
If any provision of these Clauses cannot be applied, the non compliance provision will be subject to replacement by a valid applicable provision that best suits to the intent of the original provision. This will not affect the validity or applicability of the remained provisions.
Without affecting the documents of rights renouncement and obligations limitations in these Clauses, no complaint or action against S.C. Phoenix Martech Assistance S.R.L. or Affiliates of S.C. Phoenix Martech Assistance S.R.L. can be brought by any person with regard to or intervening in this site, exception being made if such a complaint or action is initiated and notified to S.C. Phoenix Martech Assistance S.R.L. in written form within a year from the date when the cause of this action occurred for the first time.
The employees of S.C. Phoenix Martech Assistance S.R.L. and its agents are not authorised to change these Clauses. Nothing of what it is said by a person in the customer service department of S.C. Phoenix Martech Assistance S.R.L. must be understood as a change of these Clauses, or as an authorised legal representation about this site, or the nature or quality of displayed products or Services or other site content. The letterheads in these Clauses are not just words and will not have any effect when applying these Clauses.
The calls to clients counselling lines we talk about or we refer to in this site can be monitored for practice and quality control reasons.
6. Content and/or services based on subscription or tax
The content of some or all the sections and/or Services available in or through this site can be available if you purchase a subscription, if you pay a fee once or any time you access any Service in a section.
If you choose a content/Services based on subscription and send to S.C. Phoenix Martech Assistance S.R.L. a request to subscribe, you prove and warrant that you are over 18, that all the data you provide are true and accurate (including your credit card number and the date of expiry without restrictions) and that you agree to pay all the fees related to subscription resulting from it plus all the registration fees.
You can cancel the subscription for any content and/ or paid Services by contacting with S.C. Phoenix Martech Assistance S.R.L. (subject to any minimum notification of registration or an initial period of contract and to any registration clauses regarding the availability/non-availability of reimbursement for the periods that were not used).
Excepting the case where the fees are especially provided in other applicable conditions where the subscription fees, access fees and other taxes including the one paid once are collected in relation to the Services and to access, or to content download from this site (Fees), the Fees can be paid by the Users in advance, when, by payment methods and the amounts established by S.C. Phoenix Martech Assistance S.R.L..
In case of a content subject to fee, the Fees can be modified at any time. S.C. Phoenix Martech Assistance S.R.L. will make reasonable commercial efforts to inform in advance the subscribing Users to content and/or paid Services with regard to such changes.
7. User registration and connecting/disconnecting
In order to send, transfer and download materials, to communicate by means of and to access the site seamanshelp.com, the User can be requested to provide the registration data and to connect. It is a condition to use this Site, the Services and content of the Site that all registration details the User provides to be and to remain true, correct, up-to-date and complete.
You agree to immediately notify S.C. Phoenix Martech Assistance S.R.L. about the changes that are relevant for your registration. The notification must be done at the address or e-mail for S.C. Phoenix Martech Assistance S.R.L. provided on this site or according to the Clauses above.
If S.C. Phoenix Martech Assistance S.R.L. considers that these details are not correct, up-to-date or complete, of if S.C. Phoenix Martech Assistance S.R.L. considers in the privacy conditions that such an action is appropriate (including where there is suspicion of multiple accounts registration/ different Users’ profiles for the same person ), has the right to refuse the access to the User to site and/or any of its resources, the Services and the content of the site and to terminate or suspend the account of the User (if there is any).
If you connect to obtain access to this site, if S.C. Phoenix Martech Assistance S.R.L. provides a „disconnect”, „exit” (or similar) option, you are obliged to disconnect and leave the account at the end of the session. S.C. Phoenix Martech Assistance S.R.L. reserve the right to disconnect the connected Users whose accounts are inactive for a longer period of time. If one of the Services you access by means of this site is even the access to the internet (e.g. the ISP Service), when you are connected, in order to maintain the quality of the services for our users, S.C. Phoenix Martech Assistance S.R.L. reserves the right:
7.1. to disconnect you from the Service or if your connection to the service is slow or in any circumstance after 15 minutes or in any other time limit as we consider in reasonable privacy conditions and/or
7.2. within the limit of total numbers of Users connected to the Service at any time and/or time period when an User can be connected in a session.
In order to benefit from the Services made available by seamanshelp.com, it is necessary to fill in the data in the registration form.
When registering, seamanshelp.com will request certain pieces of information, such as: e-mail address, surname and first name, data about you or the company, telephone number, job, rank, etc.
The Services provided against payment will be available only after payment confirmation in the account of S.C. Phoenix Martech Assistance S.R.L..
In order to use the Services provided by seamanshelp.com, the Users must provide real, complete, up-to-date and accurate data about themselves, as requested in the registration form. seamanshelp.com reserves the right to check, directly or indirectly the data provided when creating the account, having no legal obligation in this regard.
After registration, the access to the account is done by means of e-mail address and passwords. The Users have the obligation to keep carefully the account access data. We recommend that you should not reveal to anyone the user name and password. seamanshelp.com will not request under any circumstances the password of your account in the non-requested messages or telephone calls. We therefore advise you not to reveal this password to persons requesting this. Further more, if this is possible, you must click „exit”from your account at the end of each each session. We also advise you to close the window of the browser you work in at the end of your navigation in the sites or services provided by seamanshelp.com.
seamanshelp.com will not be liable for any moral or material damage caused by non-compliance with this provision.
8. Passwords and account details
To be able to use certain Services and options, you must become a registered User of the site.
The User is responsible for keeping confidentiality of the own password, the account name, identity and other details (if any) and for all activities in the User account.
seamanshelp.com will never request the password of your accounts in e-mails or telephone.
Any unauthorised use of the User account or other breach of security must be immediately reported to S.C. Phoenix Martech Assistance S.R.L. Your registration and/or subscription is your own and it is forbidden to reveal or provide to other persons your account name, identity or password. Any of your disclosure of the account name and password can lead to registration termination and/or subscription and if you register to content /Services based on fee/subscription, this termination will be done without payment refund and can have as a consequence additional fees caused by unauthorised use.
9. Site changes and these Clauses
S.C. Phoenix Martech Assistance S.R.L. and/ or third providers can make improvements and/or changes to the products, support, Services, utilities, prices and other contents of the site (including these Clauses) at any moment with or without notification.
S.C. Phoenix Martech Assistance S.R.L. can provide notification with regard to these Clauses (or other content of the Site) by displaying the notification on this site or by other communication means. The users accessing this site after the changes have been sent on site or communicated by other means, will be subject to these changes as soon as such notifications or new Clauses are sent on the site, or communicated by other means, even if the User does not visit the page where the change or the new Clauses are displayed. At the same time the frequent revision of this site an these Clauses is recommended.
10. Permitted and forbidden use of this site
The access and use of this site, including watching, downloading, displaying, sending and publishing (all these operations being permitted only inside the site, in compliance with the law in force) is permitted of:
* Data
* Graphics
* Images
* Photographs
* Projects
* Descriptions
* Information and text
* Video
* Audio
* Utilities
* Software (including mini-applications and any software available to Users in regard with or in order to facilitate the access to any subscription or restricted access areas or Service associated with this site) and software compilations.
* Order programs and other Utilities (defined below):
# the content of e-mail messages or other similar communications sent by or from S.C. Phoenix Martech Assistance S.R.L. with regard to this site and/or registration or subscription of the User and
# other content of this site that has been created and provided directly by S.C. Phoenix Martech Assistance S.R.L., Affiliates of S.C. Phoenix Martech Assistance S.R.L., or by providers of their product, support and services (together with the S.C. Phoenix Martech Assistance S.R.L. content), is forbidden unless it is specifically permitted in these Clauses. This case refers to any modalities, including the electronic, mechanical ones, photocopying, recording, creating of derived works or any other case.
S.C. Phoenix Martech Assistance S.R.L. provides a limited, non-transferable non-exclusive, revocable permission for the User to access and use for personal, non-commercial gains this site and the content of this Site as support and communication resource in purposes specified only in this site. The user can electronically copy and print the content of the Site for these purposes, if all copyrights and property rights notifications (where they are displayed) to be kept in the content of the Site.
Any other use of the site content, including the reproduction for other purposes than the ones mentioned above, modification, distribution, transmission, downloading of Site content ( apart from hiding the page), republishing or reverse engineering – without prior written consent of S.C. Phoenix Martech Assistance S.R.L. – is forbidden ( unless this interdiction is forbidden by applicable law ). Without limitation, the permission to use the content of the Site does not include:
* reselling and commercial use or distribution of the content of the Site
* collecting and use of any product, support or service, descriptions – derivative use of this site or of the content of this Site (including framing)
* any use of the information avoidance, robots or similar information collection or extracting instruments
* any use of the Site content on any other website, server or networked computer environment
* any other Site content suggesting an association with any product of S.C. Phoenix Martech Assistance S.R.L. or Affiliates of S.C. Phoenix Martech Assistance S.R.L., products, support şi services, apart from the one specially provided by written contract between the relevant parts.
The User will not use this site or Services in a manner infringing these Clauses (or their purpose) or any other applicable law or regulation (including the ones related to the use of communication public networks) or causing or being able to cause any affection, interruption or breakdown of this site or Services. The User is forbidden to try to gain unauthorized access to any part of this site, to any other accounts of Users or any other systems or computer networks connected to this site eitherby piracy, password avoidance or by other means. The user is forbidden to collect or to try to collect information related to other persons by means of this site.
11. Post by user
11.1. S.C. Phoenix Martech Assistance S.R.L. allows you the uploading, hosting, publishing of video and audio materials, images and articles and posting of comments and messages to other users. You understand and agree that, notwithstanding if the downloaded materials are published or not on the website, S.C. Phoenix Martech Assistance S.R.L. does not guarantee the confidentiality in relation to them.
11.2. You are only person responsible for the materials you upload on the website and the consequences of their posting or publishing. When you upload materials on website, you state, support and guarantee that:
11.2.1. you own or obtained the licence, necessary rights, consent or permission to use, share and publish those materials;
11.2.2. transfer and guarantee towards S.C. Phoenix Martech Assistance S.R.L. an universal, non-exclusive, free and transferable licence to use, reproduce, distribute and expose that material to prepare materials deriving from it and for the promotion or re-distribution of website parts containing the material uploaded by you, in any format or by any media channel. You also offer and guarantee to each use of the website a non-exclusive and free licence to access and use the materials posted by you on the website and to reproduce, distribute, prepare derived materials or expose those materials as it is allowed by the S.C. Phoenix Martech Assistance S.R.L. administrators and according to these Clauses and Conditions to Use the Website. The above mentioned licence granted to S.C. Phoenix Martech Assistance S.R.L. is perpetual and irrevocable and will expire only after deleting the material bearing this licence from the website. Nevertheless S.C. Phoenix Martech Assistance S.R.L. can retain on the servers copies of the materials having been deleted, without exposing or distributing them.
11.2.3. the uploaded materials are not protected by copyright or other intellectual property rights of third parties, including the privacy and publicity rights, excepting the case when you have the permission of the rightful owner to post the material and grant the licence rights for S.C. Phoenix Martech Assistance S.R.L. and its administrators according to these Clauses and Conditions to Use the Website;
11.2.4. you own the written consent and/or permission to be displayed on the website from each identifiable person in the uploaded materials. In other words, you own all the copyrights related to the uploaded material.
11.3. S.C. Phoenix Martech Assistance S.R.L. does not endorse and does not take any liability towards any material uploaded on the website. S.C. Phoenix Martech Assistance S.R.L. does not allow activities leading to infringement of copyrights or breaking the rights of intellectual property within this website and will remove any content or material posted if it will be adequately notified that these break the intellectual property rights of other persons.
11.4. Particularly, if your are the owner of a copyright and consider that an user broke your intellectual property right, you can send a notification to the administrator of S.C. Phoenix Martech Assistance S.R.L., together with the other elements:
11.4.1. A signature of an authorized person to act in the name of the owner of an exclusive right of intellectual property, right you evoke as not being complied with;
11.4.2. The identification of content or material for which you own the copyright and for which you pretend it has been not complied with or a list with materials you consider as violating the copy right;
11.4.3. The identification of content or material that you consider that the copyright has been not complied with and that you wish to be removed from the website. The identification of content or material must be done by indicating the URL addresses from where the materials can be accessed.
11.4.4. Correct and complete information necessary to S.C. Phoenix Martech Assistance S.R.L. and their administrators to contact you – name, address, telephone number and email.
11.4.5. A statement where you specify that the use of material/content in the indicate manner is not authorized by the real owner of the copyright. In this statement you confirm that the information included in the notification is real, correct and complete and that according to provision of the Penal Code related to the untruthful statements, you state on your own account that you are authorised to act in the name of the owner of the copyright that you claim it has been infringed or that you are the owner.
11.4.6. The proof according to which you are entitled to act as the owner of the intellectual property right on the respective material/content.
11.5. You also agree to:
11.5.1. not publish elements that could damage S.C. Phoenix Martech Assistance S.R.L., its administrators or a third party;
11.5.2. not upload illegal, obscene, defamatory, slanderous, threatening, pornographic, harassing, hate inducing materials, materials offending certain race or ethnie, or encouraging antisocial behaviour, or law infringing or not proper in any way;
11.5.3. not post advertising or business cooperation requests;
11.5.4. not pretend to be other person, the identity theft being punished according to the laws in force.
11.6. S.C. Phoenix Martech Assistance S.R.L. and its administrators reserve the right to remove any content or materials at any moment without prior notification and as they wish. S.C. Phoenix Martech Assistance S.R.L. and its administrators reserve the right to decide if the posted materials or the content uploaded by users are adequate or not and if they are subject to Clauses and Conditions to Use the Website.
11.7. At the same time S.C. Phoenix Martech Assistance S.R.L. will forbid the access to users breaching repeatedly the Clauses and Conditions to Use the Website, being able to permanently delete the respective accounts. It is considered a repeated breach when the user has been warned at least twice and/or the content posted by him/her was removed at least twice from the website due to breach of the Clauses and Conditions to Use the Website.
11.8. You understand and agree that during visiting and/or using the website you are exposed to a content provided by a variety of sources and that S.C. Phoenix Martech Assistance S.R.L. and its administrators are not any any way responsible for the accuracy, utility, safety or intellectual property rights of that content. You also understand that by visiting and/or / using the website you expose yourselves to a content that might be offending, unpleasant, insulting, indecent, shocking and that you agree to renounce to any legal rights or compensation you might pretend from S.C. Phoenix Martech Assistance S.R.L. or its administrators. You also agree to guarantee and to protect S.C. Phoenix Martech Assistance S.R.L., its owners /administrators, affiliates and/or licensors towards any kind of potential claims resulting from using the website.
11.9. S.C. Phoenix Martech Assistance S.R.L. allows you the access, upload and post of materials and content and the set-up of links to materials only for personal and non-commercial purposes.
12. Copyright – property of site content
S.C. Phoenix Martech Assistance S.R.L. does not transfer the title of any other content of Site downloaded or used by the User.
The content of the site, including the selection and design is the property of S.C. Phoenix Martech Assistance S.R.L. or Affiliates of S.C. Phoenix Martech Assistance S.R.L. and their content providers and/or technology and it is protected by the copyright and other laws.
The limited permission to use the content of the site (for the purposes mentioned in these Clauses) is specifically conditioned by identifying the User, by complying with and holding all the copyrights, registered trademarks and other property notifications in the content of the site and all the intellectual property rights of S.C. Phoenix Martech Assistance S.R.L. or of Affiliates of Phoenix Martech Assistance S.R.L. and/or content or technology providers in the content of the Site.
The User will have no property right on any of the e-mail addresses, URL or other personal identifier that can be allocated or chosen by this for the purposes of any Services available by means of this site.
The limited rights of the User to use such an identifier /address will continue as long as the registration of User /account of the User remain valid to access this site or a relevant Service.
After cancellation of the validity period by S.C. Phoenix Martech Assistance S.R.L. by any reason, S.C. Phoenix Martech Assistance S.R.L. will be free to use and/or allocate to any other Users any of such an identifier/address.
Any unauthorised use or copy of the content of the Site or use of the content of the Site breaching these Clauses (or their meaning) can breach the registered trademark, copyright and other property rights and Civil and Penal Statuses. The users will not use any content of the sites (or any other content available through this site) in any manner that might infringe the trademark, copyright or other property rights.
S.C. Phoenix Martech Assistance S.R.L. reserves all the rights to forbid such an unauthorised use or infringement of these Clauses.
The content of this website is offered to you only for your personal use for information purposes and cannot be copied, reproduced, used, distributed, transmitted, exposed, sold, licensed or used for any other purposes without prior written consent of the intellectual property rights proprietors.
S.C. Phoenix Martech Assistance S.R.L. reserves all the rights for this website and its consent.
You agree not to use, copy or distribute for commercial purposes any material posted on the website, except the materials for which S.C. Phoenix Martech Training (Assistance) S.R.L. specifically allow this.
If you download or copy a part of website content for your personal use, you are obliged to keep all your notes containing information about the copyright proprietors of the respective materials.
You also agree not to affect, not to deactivate or not to interfere in any way with the security elements of the website, with elements restricting the copy or use of a content or preventing this or with elements reinforcing the limits to use the website or its content.
13. Intellectual property
The entire content of the site is the intellectual property of Phoenix Martech Assistance SRL.
The content of site www.seamanshelp.com is protected by Law no. 8/1996 on copyright and connected rights as amended.
13.1. The users will take into account the following:
* the individual property rights, Confidentiality policy or any other rights of other people will not be breached.
* they will not interrupt, excessively load, interfere or try to gain unauthorised access to any part of this site.
* they will not pretend to be other persons and will not try to cheat on their identity or origin of the provided content or other information.
* they will not gather information about the other visitors of the site without their consent.
* they will not systematically extract data or data fields such as financial data or e-mail addresses.
* they will not redistribute the content provided by us in any form, including printed publications, fax messages, internet pages, groups or discussion fora or any other service or electronic or printed method without our written consent.
* links to other sites or references to products or services provided by other parties as the users want and do not have our approval will not be accepted.
* they will not interrupt, excessively load, interfere or try to gain unauthorised access to any part of this site. By uploading, posting or transmitting the information through or to our site, the Users grant us or the ones holding succession and divestiture rights the non-exclusive, international, no copyrights protected, perpetual and irrevocable licence to use or distribute this information in a statutory manner according to our confidentiality policy.
* the copy, reproduction, extraction of materials, data and information to be used for attaining directly or indirectly economic advantages for your own person or for the other is forbidden. By use for economic purposes it is understood any use outside personal boundaries or family circle.
* interconnecting without the proprietor consent between the web page seamanshelp.com and other web pages is forbidden. However if such interconnections are performed without the proprietor consent, he/she is exonerated by any legal consequence that might result.
For any infringement of his/her rights, the proprietor has the right to act both in civil and penal manner according to the law in force.
S.C. Phoenix Martech Assistance S.R.L. has the right to request sanctions against any third party whose actions might endanger in any manner the web page seamanshelp.com or affect its security and/or credibility.
13.2. Law related to intellectual property
The policy of this site is to comply with the laws related to intellectual property and act as soon as we are notified about any infringement thereof. If any of the data reproduced on this site represent an infringement of the copyright, please send us immediately a message containing the following information:
* a physical or electronic signature of the person authorised to act in the name of the entity holding the copyright.
* the identification of the original material or infringement of the copyright:
** the address, telephone number and electronic e-mail of the damaged party.
** a statement that the information in the complaint related to the infringement of the copyright is according to reality.
The damaged party is authorised to act in the name of the proprietor whose rights seem to be breached. The Users accept by Clauses and conditions to requite and protect us and our associates. All these declining liability from any loss, claim or expense pretended by anybody in connection with the use of this site.
13.3. Security rules
* any sharing by e-mail using data taken directly or indirectly from the web page www.seamanshelp.com without written consent of S.C. Phoenix Martech Assistance S.R.L..
* any other modification, alteration of data or prevention of partial or total use of data provided by the web page seamanshelp.com.
* any type of data transfers without special authorization of the proprietor of web page seamanshelp.com.
* any kind of action aiming to modify, alter, delete or extract data on the page seamanshelp.com with the aim of causing legal consequences and/or gaining material advantages for himself/herself or for the other party are completely forbidden
13.4. The owner right
S.C. Phoenix Martech Assistance S.R.L. reserves the right to modify the content and format of the web page seamanshelp.com at any time without being limited in any way spatially or temporarily , having also the right to temporarily or permanently interrupt or restrict without prior notice the services made available for the public by means of the web page.
13.5. Liabilities
The access and use by a third party of the web page seamanshelp.com is carried out on the own account of the user, legal liability a S.C. Phoenix Martech Assistance S.R.L. being completely excluded.
The web page seamanshelp.com, S.C. Phoenix Martech Assistance S.R.L. can host advertising belonging to third parties, including advertising banners that can connect to other web pages belonging to third parties. Accessing those pages is not the liability of S.C. Phoenix Martech Assistance S.R.L., and is the liability of the respective user.
S.C. Phoenix Martech Assistance S.R.L. does not assume any liability in relation to the update of the information existing on the web page. The users are obliged to verify directly on site to what extent the information and data on the web page are accurate. If the user does not do that S.C. Phoenix Martech Assistance S.R.L. is exonerated from any liability.
S.C. Phoenix Martech Assistance S.R.L. has the right to modify or complete these regulations at any moment without prior notification. Any update of these regulations produce legal effects from the moment of posting on the web page seamanshelp.com.
13.6. Notifications
If a User wants to bring any problem to attention or to make a suggestion in relation with the web page seamanshelp.com he/she can do this in written at the e- mail address office@seamanshelp.com, or access the Suggestions and References section of the site.
13.6.1. The content and design of seamanshelp.com, including its design and utilisation experience as well as the data bases accessible through it are the property of S.C. Phoenix Martech Assistance S.R.L. and are protected by Romanian law in force in relation to the copy right and connected rights. The texts posted by the Users at „Add comment” become the property of S.C. Phoenix Martech Assistance S.R.L. from the moment of posting. In case of information and content posted by the registered users or third parties or partners on the site seamanshelp.com, their copyright and liability belong completely to the ones having published that information. In the case of content taken over from partners on the base of concluded agreements, these are identified by mentioning the name of the partner near the respective text or image.
13.6.2. Certain sections within the portal contain information made available by the users of seamanshelp.com by a free, exclusive and unlimited licence in time and space. The licence mentioned above includes also the right of S.C. Phoenix Martech Assistance S.R.L. to under licence for free the respective content to third parties with which it has contracting relations. The copyright of the works uploaded by users remain with them, seamanshelp.com acting just as a free host of the respective information.
13.6.3. Except the specific content presented at point 13.6.2, where the terms of respective licenses are applied, you can use the content seamanshelp.com only for your personal use and the actions described below ARE NOT permitted without a prior written permission of S.C. Phoenix Martech Assistance S.R.L.:
13.6.3.1. removal of symbols identifying the copyright of S.C. Phoenix Martech Assistance S.R.L. on the site content;
13.6.3.2. change, publishing, sharing, re- sharing in any manner or in any form and the participation in the transfer, selling, distribution of materials done by reproduction, modification or display of content if you have no prior written approval of S.C. Phoenix Martech Assistance S.R.L.;
13.6.3.3. reproduction or storage of content and the sending of this content to any other website, server or other means to store the information, if the purpose of this activity is a commercial one.
13.6.4 Any use of the seamanshelp.com content with other purposes than the ones especially allowed in this document or the law in force is forbidden. The requests to use the content for other purposes other than the ones especially allowed in this document can be sent to the email address office@seamanshelp.com.
13.6.5. If you consider that a certain content on the site seamanshelp.com breaks your intellectual property rights, the rights to privacy, to publicity or other personal rights, please send an email to office@seamanshelp.com where you specify the broken rights in order to allow the administrators of seamanshelp.com to act according to the legal provisions.
13.6.6. In case of works uploaded by users, seamanshelp.com functions as a free host and so we cannot be liable for the content uploaded by third parties on our server. Due to the extensive number of hosted files, it is impossible to make an individual and objective assessment of each content posted by the registered users. Although we do all our diligences to identify and delete the content that would violate intellectual property rights of other persons, the purpose of the site seamanshelp.com being to legally assist and inform our users, there is the possibility that a certain content posted by registered users to violate the third parties’ rights. Under these circumstances please send us an email to office@seamanshelp.com specifying the violated rights, in order to allow the administrators of seamanshelp.com to act according to the legal provisions.
13.6.7. The users of seamanshelp.com understand that they are responsible for any content published by them on the platform provided by seamanshelp.com and they are the only ones that can be held accountable by the competent authorities for breaching any normative act irrespective if we talk about the comments published, uploaded documents on the platform seamanshelp.com or any other type of content.
14. Confidentiality
Both the Developer and the User undertake and guarantee to maintain the confidentiality of the Confidential Information, to prevent their disclosure to third parties and not to use them for purposes other than those envisaged by this Agreement, except those previously authorized in writing by the Developer / User and subject to the terms and conditions imposed by it.
Confidential Information may be made available either in writing, in a readable form visually or electronically, including by fax or other electronic form of transmission or orally, and may be marked as confidential or not.
The following information is not considered to be Confidential Information:
(i) are or have become public (including, without limitation to any information submitted to any government agency and publicly available) other than as a result of a disclosure by the Developer in violation of this section.
(ii) are made available to the Developer on a non-confidential basis from a source other than the User whom the Developer considers that it is forbidden to disclose such information.
(iii) are known by the Developer before being received by the User without any obligation of confidentiality; or
(iv) are developed by the Developer independent of the Confidential Information revealed by the User.
The User will not disclose to any third party the Confidential Information received from the Developer but only in the conditions shown by these Terms and Conditions and unless it is obliged according to the legislation in force. In case the User will disclose the Confidential Information to another person (public or private) than the ones necessary for carrying out the contracted Service (ie. The Trade Register, the courts, the Police authorities, banking institutions, the national tax administration agencies or partners), the Developer reserves the right to take action against the User in order to cover any damages that may result from this disclosure.
Without prejudice to the confidentiality obligations set out in this Agreement, the User confirms that the Developer has the right to disclose to third parties (eg in the case of promotional materials) that he has acted for the User.
15. User content – information/materials transferred or provided
Under these Clauses, the User Content is an information or other content that is or can be provided by S.C. Phoenix Martech Assistance S.R.L. or introduced or downloaded by the User by means of this site or by respective means, including (without limits) photographs, video images and other images, audio materials, graphics, documents’ or data files, information related to natural persons and other persons, messages, email messages and other communications, files, texts, opinions, personalisation settings and other pieces of information.
By transferring the content of User in this site or transmitting or making the the content available to User or other Users or S.C. Phoenix Martech Assistance S.R.L. and Affiliates of S.C. Phoenix Martech Assistance S.R.L., as a consequence or from site’s considerations, of Services or use of the Site content or by any other means, the User automatically ensures (or guarantees that the owner of such a content of User especially ensured) S.C. Phoenix Martech Assistance S.R.L., Affiliates of S.C. Phoenix Martech Assistance S.R.L. and their representatives a perpetual right, without copy right, irrevocable and non-exclusive and a using licence (including the commercial use and operation), copy, under-licence, reproduction, modification, adaptation, publishing, translation, public performance, display and distribution of the content of User (including any ideas, concepts, know-how and techniques contained in the site) and creation of derivative works from it and embedding the content by User (or of any other part from it) in any form, environment or technology known at present or developed in the entire world. In addition, the User guarantees that he holds the necessary rights to grant this licence and that so- called „moral rights” of nay content of the User has been abandoned. The entire content of the User will be considered non- confidential, not subject to use restrictions and no content of the User will not be subject to any obligation or confidence from S.C. Phoenix Martech Assistance S.R.L..
However, this section does not apply to any personal information provided by a User for identification. This will be processed only as it was introduced in the section dedicated to personal information or in the registration form for this or related to the web sites of S.C. Phoenix Martech Assistance S.R.L., in any other place in these Clauses or in any other clauses or conditions especially applicable to any relevant transaction (if any) between the User and any Affiliates of S.C. Phoenix Martech Assistance S.R.L.
16. Forbidden or restricted user content
16.1. Improper Displays or Communications
S.C. Phoenix Martech Assistance S.R.L. restricts the transmission, distribution, dissemination, transfer, sending, subjecting, partition, storage, or, by means of or by use of this site (together, the transfer of ) content of User being considered (under confidentiality conditions) improper or distasteful.
Such a content of User includes (without limit) communications with:
* a pornographic, profane, sexist, homophobic, libellous, deceiving, vulgar, obscene or offensive content
* ethnic denigrating, racist, or religious materials or derogatory epithets,
* plea for violence, hatred, or illegal activity
* description of abuse towards children
* child pornography
* sexual suggestive images
* advertising, polls and contests
* paid information related to listed public securities and materials that may cause any civil or penal liabilities provided in any law.
S.C. Phoenix Martech Assistance S.R.L. forbids the transfer or use of content of User or transmission of content of User with a purpose or primary or secondary effect in order to:
* sell, distribute or promote fire guns, weapons or dangerous substances
* projects to make money quickly
* letters in chain or pyramid
* fraudulent offers or other illegal offers to register another email address besides yours
* modify the data in auctions or other markets (including the public markets of cited securities)
* threaten or harass others
* interrupt discussions or create a false identity with the purpose of cheating others
* transmit sexual requests from and for an under-age
* make racist remarks or comments
* impress any person or erroneously represent your affiliation with any person or entity.
The user will not advertise or not offers to sell or buy goods or services for any commercial purpose, only if the respective Forum or Service especially allows this.
S.C. Phoenix Martech Assistance S.R.L. reserves the right ( but does not accept any obligation) to delete or restrict the access of Users to the relevant content of the Site and/or User content and/or transmit the content of relevant User and/or information related to User (including personal information) to any relevant authority where the content of User is transferred in case of violation or suspicion of violation of any of these Clauses in their sense or other applicable rules or clauses) or of any other applicable laws or regulations without any request or complaint of being initiated or formally proven.
16.2. Materials Protected by Copy Right and other Intellectual Property Rights
S.C. Phoenix Martech Assistance S.R.L. prohibits the transfer of content where music, software, images (static or in motion), literary or artistic works or other materials protected by the intellectual propriety rights (or that can violate the intellectual property rights of other persons) appear, excepting the case where the User owns or controls the exclusive rights in this sense or received all the necessary agreements (which the User guarantees if such a content is transferred). S.C. Phoenix Martech Assistance S.R.L. prohibits the transfer of present materials or suspected by copy rights whose use is not authorised or counterfeit materials.
16.3. Personal information
Excepting the personal information of a User offered by that User for registration and/or for the purpose of opening the account or (if the case may be) personal information related to other known natural persons known by an User for the introduction in the interactive address account of the User, S.C. Phoenix Martech Assistance S.R.L. prohibits the transfer of any content of User extracting personal or private information related to any person or entity, including telephone number (numbers), email or physical addresses, account numbers of User, passwords or financial information.
If the personal information related to or images of other natural person are transferred by an User to include in that account on line addresses of the User, photo album (or for any other purpose), the User guarantees that that person (the subject of information) agreed this operation and the data processing induced by it and any other use of such content of User by these Clauses on in this Site.
15.4. „Spam” and the transfer of destructive materials
All forms of spam or useless e-mail, including the transfer or transmission of unsolicited multiple actions to different discussion groups, delivery lists and all activities facilitating the spams are forbidden in or by means of this site. Excepting the cases where the present malfunctions (where they can be reasonably calculated) exceed this number (in this case the present malfunctions will be payable by the User), by pre set contract damages method you agree to pay to S.C. Phoenix Martech Assistance S.R.L. 5 Euro for each spam article sent through your User account as a breach of these Clauses.
S.C. Phoenix Martech Assistance S.R.L. prohibits the transfer of computer programmes, files and other materials containing destructive characteristic and spam such as viruses, corrupt files, „hidden”files (as files with images with included audio files), worms, trojans, viruses for defiling use, presentation on multiple screens and other activities that can interrupt the integrity of the web-site or the functioning or on-line communication in general.
17. Revision of User Content by S.C. PHOENIX MARTECH ASSISTANCE S.R.L.
By means of this site, S.C. Phoenix Martech Assistance S.R.L.provides only a „jurisdiction” for Users to a access certain specified services, Utilities and/or informations. S.C. Phoenix Martech Assistance S.R.L.cannot and will not make itself liable for examination, revision, editing, censoring and performing other filtering and control procedures of User content or for Users‘behaviour or User content or Site content.
Nevertheless, S.C. Phoenix Martech Assistance S.R.L.can, but will not be obliged to revise, manually or automatically, the entire User content that is or can be transferred on this site or to monitor or revise any area or this site where the Users transmit or send by mail statements of communicate with each other or with S.C. Phoenix Martech Assistance S.R.L.(if applicable) including chat rooms, news groups, news councils, communities pages, photo albums, personal web pages or other use domains and forums (Forums), if applicable. S.C. Phoenix Martech Assistance S.R.L. reserves the right (bur reject any obligation), to refuse, to not send, not use, remove, amend, deny the access and/or delete any User content, without notification, that it considers an improper and distasteful act or that violate these Clauses (or their meaning) and without a complaint or solicitation related to relevant User content to be initiated or formally proven. S.C. Phoenix Martech Assistance S.R.L.reserves the right (but it is not obliged) to co-operate with any other legal authorities or as a response of the Court and other official requests soliciting S.C. Phoenix Martech Assistance S.R.L.to eliminate the identity to anyone sending the User content.
18. The User Content and the Use of Site without Liabilities
Materials, information and opinions (that can include the User content) included and/or expressed in or through Forums (or by means of any modality to access the User content) are not necessarily that of (or endorsed by ) S.C. Phoenix Martech Assistance S.R.L. or Affiliates of S.C. Phoenix Martech Assistance S.R.L. or respective entities. The entire User content must be considered only expressions of opinions and not fact statements.
Any User content and/or Services you obtain or use or transmit by means of this site, including the use of any Forums, will be at your discretion and risks and is subject to persons renouncing and liabilities limitations in these Clauses. The security of this site and of the User content can not be guaranteed.
You understand that each time you send personal information of of any other type on-line – for example by means of message windows or chat rooms de chat and other Forums – that the information can be collected and used by person you don’t know. While S.C. Phoenix Martech Assistance S.R.L. makes all the reasonable commercial efforts to protect your personal and private data, it cannot guarantee the security of any information you send on-line. You send such messages on your own account. Excepting the personal information offered by the User for registration or opening or updating the respective User accountv (in relation to which S.C. Phoenix Martech Assistance S.R.L.makes all the reasonable commercial efforts to protect your intimacy), S.C. Phoenix Martech Assistance S.R.L. will not make itself liable in relation to (and denies any liability related to it) the User content sent in an area of the designed site as (or considered to be) a private access area, personal and limited of the site becoming available to other persons than the User having sent the User content. Similarly, S.C. Phoenix Martech Assistance S.R.L. will not be obliged in relation to (and denies any related liabilities) any availability of the User content sent to a domain of the site designed as a site public zone or to other Forums where the Users, others than the User having sent the User content, can get access to such a a content.
S.C. Phoenix Martech Assistance S.R.L. have no obligation to get involved in a dispute you have with other Users or in any incident involving other Users, or that are affected by or are related to this site in any other way.
S.C. Phoenix Martech Assistance S.R.L. denies any liability related to any User content, including any error, virus, denigration, slander, obscenity or non-conformity comprised in any User content intervening or not in the context of copy right, slender, intimacy or in any other case, any prohibited User content and any other User content.
S.C. Phoenix Martech Assistance S.R.L. denies any liability to unauthorized use (by other Users) of User content and denies (without limit) any use obligation of User content violating any copy right, trademark rights or any other intellectual property rights of any other User or person.
The User is the sole responsible for any malfunction (including the site content) resulting from the use (or introduction) of any other User content or of the site (including disputes and incidents described in the above mentioned sections) and respective transactions or events.
S.C. Phoenix Martech Assistance S.R.L. will have no liability to the un-authorized access to User account or the automatic re-sending of messages and/or viruses (caused by viruses or in any other way) to persons whose data was introduced by an User to be included in any on-line addresses file available on this site.
The limitations and obligation exclusions in these Clauses apply no matter if the obligation is based on the contract violation, offence (including negligence or fault), strict obligation, violation of warranties or any other legal theory.
S.C. Phoenix Martech Assistance S.R.L. S.C. Affiliates Phoenix Martech Assistance S.R.L. any other person involved in creation, production, hosting, and delivery of Site content will not be liable for direct, indirect, special, incidental, consequential or punishment damage, including in relation to the data loss, profit loss, business interruption or the time intervened or damage of any nature (including intervention of negligence or other offence) resulting from using, from impossibility to use the Site content, even if S.C. Phoenix Martech Assistance S.R.L. or other authorised representation was advised regarding the possibility of such damage.
The applicable law cannot allow the exclusions of responsibilities in this section in all cases. The exoneration of obligation in this section applies only in the maximum limit allowed by applicable law.
The responsibility of S.C. Phoenix Martech Assistance S.R.L. for damage or loss (by contract, negligence, offence or other cases) will in no case exceed the sum paid by the User for accessing this site (with the exception of the case provided by the mandatory applicable law). Nothing in these Clauses will exclude the obligation of S.C. Phoenix Martech Assistance S.R.L. or of S.C. Affiliates of Phoenix Martech Assistance S.R.L. for death and physical accidents as a consequence of negligence of S.C. Phoenix Martech Assistance S.R.L. or of S.C. Affiliates Phoenix Martech Assistance S.R.L.
19. Storage and loss of user content
If S.C. Phoenix Martech Assistance S.R.L. offers e-mail facilities, web page hosting or other services be means of this site involving the availability of computer storage space or in relation to other relevant Services, S.C. Phoenix Martech Assistance S.R.L. reserves the right to impose and change the the limits and/or restrictions (temporary or otherwise) when using the Services, including, without limitations, memory limits provided in relation to the memory space (e.g. a total maximum limit and/or a maximum limit of dimension per file /e-mail), time/ the moment of file creation (e.g. e-mails older than 180 days), number and/or dimension of files (e.g. a maximum number of e-mails that can be sent, stored or received by your account), the quantity of downloaded or transferred information or any other criteria that S.C. Phoenix Martech Assistance S.R.L. can specify. Without limiting the following paragraph, the material exceeding such a limit can be deleted or denied for such a storage. The Users cannot interactively sell any storage space provided by means of this site.
S.C. Phoenix Martech Assistance S.R.L. will not make itself liable for any loss, deletion, removal or error of sending for the intended receiver of User content transferred in this site, either due to a virus, unauthorized access or other modality. The Users are encouraged to retrieve a carbon copy of the entire User content and the Users oblige themselves to do this in relation to the entire transferred User content. S.C. Phoenix Martech Assistance S.R.L. reserves the right to refuse the access to this site and delete the User content at any time without notification.
S.C. Phoenix Martech Assistance S.R.L. can without any other notification or formality and without being forced to explain its attitude to suspend or block your access to the site content or to any part of this content.
20. Site services and site content without warranties
The entire site content and the Services are provided „as such” and „ according to availability” and S.C. Phoenix Martech Assistance S.R.L.especially derogates in the maximum limit allowed by the respective law, any guarantee and representation of any kind (Guarantees) related to the site content and Services, either expressed or imposed, including any guarantees imposed by selling, satisfactory quality, adaptation for a certain purpose and non violation of intellectual property rights of third parties.
Without limitation:
S.C. Phoenix Martech Assistance S.R.L. does not offers Guarantee on the Site content as being appropriate, available or allowed to be used in any location without viruses or with interoperability with any hardware, software or content, or with the ability of User of this site to access or interact with other service providers, networks, Users, or information resources through internet. The persons accessing this Site and using the Site content – and/or Services have the responsibility to comply with the applicable law and regulations, including any applicable local laws.
Although S.C. Phoenix Martech Assistance S.R.L. tried to verify the conformity, safety and topicality of the entire Site content, including the product (how it is applied), the services, the support and other details and descriptions obtained from third parties, S.C. Phoenix Martech Assistance S.R.L. does not offer guarantee for the accuracy of any statement on this Site. Any materials, product, support, services or information referred to this Site can be expired. S.C. Phoenix Martech Assistance S.R.L. does not oblige to up-date the site content. S.C. Phoenix Martech Assistance S.R.L. refuses any obligation or responsibility for any errors or omissions in the Site content (with the the exception of the ones until now as such a person could not be in compliance with the guarantees and other clauses and conditions related to the product’s or services’ sales, if any, by S.C. Phoenix Martech Assistance S.R.L).. Any decision based on the data comprised in the Site content or ( User content) are the sole responsibility of the User.
S.C. Phoenix Martech Assistance S.R.L. does not offer any Guarantee that the available functions or Services through site or other interactions of the User with the Site will be constantly available, without interruptions, safe or without error, that the defects will be corrected or that this Site or server making it available does not have viruses or other dangerous component. S.C. Phoenix Martech Assistance S.R.L. and Affiliates of S.C. Phoenix Martech Assistance S.R.L.do not assume responsibility and are not liable for any damage (or loss of information), or for the viruses that can infect your computer or any other property due to your access to it, or for using this Site, including download of images, software or other Site content. If using the site content leads to the necessity of a service, repair or correction of equipment or information, the User assumes all the related costs.
The site content comprising search declarations or intent declaration should not constitute a base. S.C. Phoenix Martech Assistance S.R.L. reserves the right not to act according to such a declaration.
This site can contain referrals to products and Services specific to S.C. Phoenix Martech Assistance S.R.L. that cannot be or cannot be prepared and available in a certain country. Such referral shall not be considered as suggesting or guaranteeing that such products or services will be available at any time and in any country.
If the applicable law prohibits or limits the exclusion of the S.C. Phoenix Martech Assistance S.R.L. guarantees as mentioned above, S.C. Phoenix Martech Assistance S.R.L. excludes, refuses and limits such Guarantees only in the maximum limit admitted by the applicable law.
21. Advertisement and transactions with third parties
When it is possible the Users to make transactions by means of this Site (or any site in connection) with a third party (including other Users or a service provider or products’ salesperson) that it is not S.C. Phoenix Martech Assistance S.R.L., such a transaction (or any rights and obligations that will arise) will be done just between you and third parties.
Certain parts of content published on seamanshelp.com can be delivered by third parties with which S.C. Phoenix Martech Assistance S.R.L. has contract relations in this regard. At the same time, inside the content of seamanshelp.com advertisement sections can be included where advertising messages belonging to third persons will be displayed. S.C. Phoenix Martech Assistance S.R.L. is not responsible for the content provided by third persons, no matter if it is advertisement or not. At the same time S.C. Phoenix Martech Assistance S.R.L. is not responsible for the content of external pages mentioned inside.
22. Software downloads and on line applications – restrictions and documents for rights renouncement
Any command, software programs, random connecting exploring, programs (including all developments and updates), auxiliary equipment and other applications, services or informatics utilities and software available for Users related to or to facilitate the access to any subscription associated with this site and all files and images embedded in or generated by software, programs and other materials available for downloading or as application or service from distance from the Site content (Utilities) are provided through support and services for Users. The right to Utilities (downloaded or not) is not transferred to the Users and is owned (as the related intellectual property rights ) by S.C. Phoenix Martech Assistance S.R.L., Affiliates of Phoenix Martech Assistance S.R.L. or respective licence providers.
The use by the User of any Utility will be also governed by the conditions of any documents interactively associated or not by the final User licence or other relevant contracts and Clauses and conditions specified by the seller or relevant licence provider (EULA) ( that will be above these Clauses, in case of any inconsistency with these Clauses). If no EULA (licence contract for the final User) does not accompany any Utility, the Utility is provided by licence based on a contract of sole User, non-transferable, non-exclusive, revocable.
The utilities can be used only according to the indications in the applicable EULA. The User is forbidden to reproduce, copy, lend, reverse engineer, decompile or sell Utilities, with the exception of the cases especially by EULA or by applicable law. The un-authorised use of Utilities violates the copy right and other intellectual property rights and S.C. Phoenix Martech Assistance S.R.L. or the respective licence provider (if the case may be) reserves all the rights.
S.C. Phoenix Martech Assistance S.R.L. does not offer any guarantee in regard to the accuracy or safety of results or the product resulting from using the Utilities. S.C. Phoenix Martech Assistance S.R.L. does not accept the responsibility for the data loss or breakdown caused by installation or use of any downloaded Utilities or does not offer any other Guarantee, does not accept any obligation related to Utilities. S.C. Phoenix Martech Assistance S.R.L. recommends that the Users (and the Users guarantee this) to always create and keep a copy with information in the computer (with which or in which the Utilities to be installed or used) before installing or using any Utility.
S.C. Phoenix Martech Assistance S.R.L. and Affiliates of S.C. Phoenix Martech Assistance S.R.L. (excepting the case where it is especially specified in the applicable EULA, if any) does not offer support or assistance in using, installing or keeping of some Utilities, or resolving of some cases or problems that may arise as a result of using or installing of Utilities.
You agree that Utilities and any other accompanying documentation and/or technical data can be subject to applicable laws and regulations to control the export. You agree not to export or re- export the Utilities, directly or indirectly, in this way violating laws or regulations.
If S.C. Phoenix Martech Assistance S.R.L. agrees (in written) to provide technical assistance in relation to a product of S.C. Phoenix Martech Assistance S.R.L., it will provide only that assistance for the relevant products of S.C. Phoenix Martech Assistance S.R.L. with operation systems and with other software in the same form and version as delivered from the factory S.C. Phoenix Martech Assistance S.R.L. or Affiliates of S.C. Phoenix Martech Assistance S.R.L., and can choose not to provide assistance for the products of S.C. Phoenix Martech Assistance S.R.L. for which the Utilities have been embedded or uploaded later.
The applicable EULA can impose guarantee and obligation exclusions or limitations on Utilities.
The download of any Utility means an acceptance of these Clauses. If you do not agree with these Clauses, you are not allowed to download any Utility or interactive accompanying documentation.
23. Warranty
S.C. Phoenix Martech Assistance S.R.L. explicitly expresses the declination of any guarantee that an User can invoke as a consequence of using the services of the Site.
At the same time S.C. Phoenix Martech Assistance S.R.L. does not offer any guarantee in case of consequences caused beyond its will or that can occur as a consequence of non-operation of the site’ s services or information delay.
You agree that if you use the web-site seamanshelp.com you do it on your own risk. Within applicable limits of the law, seamanshelp.com,its administrators, directors, employees and agents renounce any explicit or implicit guarantees in regard to the web site and to its use by your and does not assume any responsibility for any:
* Errors, mistakes, omissions, or lack of content accuracy
* Un-authorised access and/or un-authorised use of our servers and/or any personal information and/or financial information stored on them.
* Interruption or stop of transmissions from to to our web-site
* Errors, viruses, trojans or other such elements that can be transmitted to or through our web-site by a third party
* Errors or omissions in any part of the site or content that is uploaded, posted, transmitted by email or made available on the web-site seamanshelp.com in any other manner
seamanshelp.com and its administrators do not assume any responsibility for any product, service, web-site, hyper-link recommended, promoted or offered by a third party by means of the web-site seamanshelp.com, including advertisement banners and promoting articles or any other advertisement methods and will not be part to or in any other way responsible for monitoring any transaction between you and a third party offering products or services. In regard to the purchase of any product or service in any manner you should use your own judgement and be more careful when the circumstances require.
The user will guarantee S.C. Phoenix Martech Assistance S.R.L., Affiliates of S.C. Phoenix Martech Assistance S.R.L. and agents, their employees that also their service providers will protect them against any loss, costs, procedures, damage, expenses (including reasonable legal costs and expenses) or responsibilities intervened in any way to any of them as a result of any request by a third party resulting in breaching and non-compliance of the User of any prohibition or restriction on activities of the User related to this Site, content in these Clauses, or any other subject, representation or guarantee of the User contained in these Clauses and in regard to any request by any person related to the problems, responsibilities and obligations that have been derogated by S.C. Phoenix Martech Assistance S.R.L. in these Clauses.
Without limiting to the generality of the above mentioned guarantee, the User exonerates, guarantees and protects S.C. Phoenix Martech Assistance S.R.L., Affiliates of S.C. Phoenix Martech Assistance S.R.L. and their agents, their employees and their service providers as well (who decline responsibility) related to the requests, obligations, costs (including legal taxes), expenses, requests, and damage (direct, indirect and consistent) of any nature, known or unknown, suspected or un- suspected, excluded or non- excluded, caused by any modality by any of them intervening or related in any way to the following:
* any User content forbidden or restricted transferred by the User or any use of this site by the User (including the use of the site forbidden or restricted by the User);
* any loss, deletion, removal, corruption or publishing of User content transferred by the User; or
* any un-authorized use of User account or compromise of the User account security by failing to preserve the confidentiality of the User account passwords or other security details,
* and other events of the kind.
24. Connexion by hypertext to and from this site
You must look and obtain the written consent of the administrator of this site prior to creating any link to this site. The profound connections are strictly forbidden. All authorised connections with this site must be in the main page of this site, must clarify the fact that this Site and the Site content are distinct from the web site from where the connection is made and must establish the fact that this site is owned and/or operated by S.C. Phoenix Martech Assistance S.R.L..
S.C. Phoenix Martech Assistance S.R.L. or the third parties (as agreed as above), can offer connections through hypertext to and/or from other web sites or Internet resources. Inclusion of these connections in the web-site is just for convenience and do not necessitate endorsement of the other web-sites by S.C. Phoenix Martech Assistance S.R.L. or no association with the operators of that site. S.C. Phoenix Martech Assistance S.R.L. encourages the discretion in searching the own web- sites and the ones external to resources. Some web- sites can contain or connect the Users to web- sites containing information that can be considered improper or offensive. The external web-Sites can send their own cookies to Users, collect information and/or request personal information.
Visiting external web- sites by the User through the connections from this site is done entirely on the User’s risk.
S.C. Phoenix Martech Assistance S.R.L. did not confirm the accuracy or safety of any information from the external web-sites or the resources connected or accessed through this site, or leading to site (sites). S.C. Phoenix Martech Assistance S.R.L. will not be liable or obliged by any content, advertisement, products, support, services or other materials from or available on such web- sites or external resources. S.C. Phoenix Martech Assistance S.R.L.will not be liable for the accuracy, compliance with the copy right, legality or decency of the material contained on the web-sites or external resources. S.C. Phoenix Martech Assistance S.R.L. will not be liable for and refuses all the express and implicit guarantees in regard to the accuracy, validity, legality, compliance with the copy right, decency and the others of any materials or information contained in the web-sites or external resources. S.C. Phoenix Martech Assistance S.R.L. will not be liable, directly or indirectly for the damage or loss caused or so-called caused by the use or reliance on any content, products, support or services available in or through any web- sites or external resources.
Without limiting itself to the above mentioned, S.C. Phoenix Martech Assistance S.R.L. does not represent and do not guarantee the security of any information (including the credit card and other personal information) that can be requested from an User and to offer to a third party by the connected web-sites and the User addresses any request to S.C. Phoenix Martech Assistance S.R.L. in regard to these problems.
25. Insurance
You agree to protect, guarantee and have no explicit or implicit claims toward S.C. Phoenix Martech Assistance S.R.L., its administrators, directors, employees and agents. You agree to defend and support them as being not liable in any manner toward any claims, complaints, damage, obligation, loss, costs or debts, requests (including but not limiting to the lawyers’ fees) caused by:
* your use, visit or access on the web-site seamanshelp.com
* your violation of any terms of the Terms and Conditions of Use of seamanshelp.com
* your violation of any rights of a third party including without limiting to them any intellectual property right, property right or confidentiality right, or
* any claim that could come from causing damage to third party as a result of a material or content posted by you on the website. This insurance obligation against possible claims against S.C. Phoenix Martech Assistance S.R.L. and its administrators and for exceptions from any penalties and/or damage interested requested by anyone, fills in the Clauses Conditions of Use of the Web-site.
26. Annulment
Excepting a service or an accessing for which a subscription is payable, the User can terminate the use privileges of Services in this Site and in other Site content, at any time by deleting all the contents in the site downloaded from this site and all the copies, no matter where they would be localized or installed. The right of the User to use the services on this and site and other Site content will be immediately terminated with or without notification by own initiative of S.C. Phoenix Martech Assistance S.R.L. if the User does not comply with these Clauses.
If a subscription or other fee is payable by User in relation to the access and use of this Site or Service, the User must inform S.C. Phoenix Martech Assistance S.R.L. in written (or by other means especially authorised) regarding the wish to terminate the subscription. In the absence of any special provision contrary to the User’s ability to terminate or termination period, the User will have the right to terminate the Subscription Service by granting S.C. Phoenix Martech Assistance S.R.L. a notification of at least an entire calendar month related to this termination.
S.C. Phoenix Martech Assistance S.R.L. can terminate the access of User or the registration through this site if the User account is not accessed or if the User does not log in for a period of three months or more (or such a period established by S.C. Phoenix Martech Assistance S.R.L..
At the same time S.C. Phoenix Martech Assistance S.R.L. reserves the right to terminate the access of the User to site and/or his account in the limits of confidentiality conditions at any time without reason (and refunding any sum paid in advance by the User in regard with such an access according to the applicable Clause). Under such circumstances, S.C. Phoenix Martech Assistance S.R.L. will make reasonable commercial efforts to send termination notification to the Users to their last notified contact address or to the e-mail address.
At termination, the User must stop the use and must delete all the copies he has about the Site content, and S.C. Phoenix Martech Assistance S.R.L. can remove or delete all the User content of such a User, exception being made if a perpetual licence was granted by S.C. Phoenix Martech Assistance S.R.L. to use a certain site content for a fee that was paid. Without limiting the general freedom of S.C. Phoenix Martech Assistance S.R.L. to delete or deny the access to User content for any reason, as a consequence of termination, S.C. Phoenix Martech Assistance S.R.L. will not have the obligation to keep any User content or to send any messages to you or to any third party.
27. Force majeure and litigations
We will not be held liable for any delays or failures in the performance of our services, if a case of force majeure or an accident occurs.
Force majeure is considered an external and insurmountable event, beyond the control of any Parties, that makes impossible or delays the the fulfilment of its obligation by any of the Parties.
Force majeure and unforeseen cases include, but are not limited to, changes in laws or regulations, accidents, diseases, embargoes, wars, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, weather conditions, acts of hackers or Internet service providers, Zombie Apocalypse.
The force majeure or the fortuitous case will be communicated to the Client in the shortest time.
S.C. Phoenix Martech Assistance S.R.L. is not liable for the impossibility to conform to the obligations provided in these conditions, as a result of a cause beyond its control.
By accessing this site, the User accepts that this contract and any litigation related to it are governed and interpreted in accordance with the laws of Romania, and the User admits to comply with the exclusive jurisdiction of the courts on the Romania territory.
The Clauses and Conditions of Use are enforced and published on the site seamanshelp.com in Romanian and English and are subject to laws of Romania.
The likely litigations between S.C. Phoenix Martech Assistance S.R.L. and the User will be amiably resolved or, if this is not possible, the litigations will be solved by competent courts of Romania.
28. Notifications
The user agrees that all communications made under this Agreement will take place through the electronic mail at the address communicated by him in the Platform, agreeing that such communication is valid by the mere evidence from the Developer regarding sending the communication. The Developer has the right to use other methods of transmission (by post, courier or through the court executors) of his communications to the User.
The parties agree that all communications regarding this Agreement will be made to the following addresses:
* For the User – at the postal address mentioned through the Platform;
* For the Developer – at the following email address: office@seamanshelp.com
29. Not Competitive
The user agrees that during the period of commercial relations with Phoenix Martech Assistance and for a period of 3 years from the termination of any commercial relationship with Phoenix Martech Assistance, he will not carry out any activity concurrent with the activities carried out by Phoenix Martech Assistance, including, among others, creation and administration of a blog in the field of navigator assistance, providing services to Romanian or foreign entities regarding, creating, selling or distributing materials similar to those contained in the site, organizing courses in the field of navigator assistance, creating and distributing content (books, articles, materials) available on the site on any medium, free of charge or in exchange for a remuneration, the user will compensate the Developer.
30. Conflict of interest
The user declares on his own responsibility that at the date of registration on the site does not carry out any activity similar to the activities carried out by Phoenix Martech Assistance, including, among others, the creation and administration of a blog in the field of assistance of navigators, the provision of services to Romanian or foreign entities regarding assistance. navigators, creating, selling or distributing materials similar to those on the site, organizing courses in the field of navigator assistance, creating and distributing content (books, articles, materials) in the field of navigator assistance on any medium, free of charge or in exchange for a fee.
In the event that Phoenix Martech Assistance finds the existence of a conflict of interest, it has the right to declare the termination / termination of the contract, following that any subsequent use of its results will cease from the date of receiving the termination statement / unilateral termination by e-mail.
31. This agreement
These Terms constitute the entire agreement between you and us with respect to the subject matter of any Contract and supersede any other agreement, any prior verbal or written agreement between you and us.
The contract between us and you is binding. You may not transfer, assign, strike or otherwise alienate this Agreement or any of your rights or obligations arising therefrom, without our prior written consent. We may transfer, assign, strike, subcontract or otherwise dispose of a Contract or any of our rights or obligations arising therefrom.
32. Governing law
The rights and obligations of parts, imposed by these terms and conditions and the legal effects produced by this agreement will be interpreted and governed by the Romanian law in force. Any litigation having as object this agreement will be brought to be solved in front of an arbitrator, and if the parts do not agree on assigning an arbitrator within 15 days from the litigation notification the competence will be assigned to Romanian court of the headquarters of S.C. Phoenix Martech Assistance S.R.L..
The Romanian Law shall apply to this Agreement, as well as to any use of the site. The parties will try to resolve any misunderstanding amicably, otherwise the disputes will be resolved by the competent Romanian courts according to the law.
33. Miscellaneous
If any provision of these Clauses cannot be applied, the non compliance provision will be subject to replacement by a valid applicable provision that best suits to the intent of the original provision. This will not affect the validity or applicability of the remained provisions.
ATTENTION:
THE INFORMATION PRESENTED HERE DOES REPRESENT JUDICIAL COUNSELLING. THE PRESENTATUION OF THIS INFORMATION IS DONE EXCLUSIVELY FOR YOUR INFORMATION.
Updated clauses and conditions on the 01st of March 2021
