Terms & Conditions
Terms and Conditions
Version: 2023
Please read these Terms and Conditions carefully. All Contracts that We4Sea may enter into from time to time for the provision of We4Sea services shall be governed by these Terms and Conditions, and where it is referred to “the Contract” this means any quotation or Contract, in conjunction with these Terms and Conditions.
1. Definitions
1.1 Except to the extent expressly provided otherwise, in these Terms and Conditions:
"Account" means an account enabling the Client to access and use the Hosted Services;
"Charges" means the following amounts:
(a) the amounts specified in the Quotation;
(b) any changes to these amounts as agreed in writing by the parties;
"Client" means the person or entity identified as such in the Quotation;
"Client Data" means all data, works and materials: uploaded to or stored on the Platform by the Client; transmitted by the Platform at the instigation of the Client; supplied by the Client to We4Sea for uploading to, transmission by or storage on the Platform;;
"Client Materials" means all works and materials or data supplied by or on behalf of the Client to We4Sea for use in connection with the Services;
“Client Specific Development Services” means any Client specific software developments that We4Sea has agreed to deliver to the Client under the Contract;
"Contract" means a particular agreement made under these Terms and Conditions between We4Sea and the Client;
“Consultancy Services” means the advisory services provided for by We4Sea;
"Deliverables" means those items specified in the Quotation that We4Sea has agreed to deliver to the Client under these Terms and Conditions. This includes in any case data or generated by the Platform as a result of the use of the Hosted Services by the Client and analytics data relating to the use of the Platform. For avoidance of doubt, access to the Hosted Services is not part of the Deliverables;
"Documentation" means the documentation for the Hosted Services produced by We4Sea and delivered or made available by We4Sea to the Client;
"Effective Date" means the date of execution of the Contract incorporating these Terms and Conditions;
"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, pandemics, fires, floods, riots, terrorist attacks and wars;
"Hosted Services" means the We4Sea performance monitoring dashboard which will be made available by We4Sea to the Client as a service via the internet in accordance with the Contract;
"Hosted Services Defect" means a defect, error or bug in the Platform having an adverse effect on the appearance, operation, functionality or performance of the Hosted Services, but excluding any defect, error or bug caused by or arising as a result of:
(a) any act or omission of the Client or any person authorized by the Client to use the Platform or Hosted Services;
(b) any use of the Platform or Hosted Services contrary to the Documentation, whether by the Client or by any person authorized by the Client;
(c) a failure of the Client to perform or observe any of its obligations in the Contract; and/or
(d) an incompatibility between the Platform or Hosted Services and any other system, network, application, program, hardware or software not specified as compatible in the Hosted Services Specification;
"Hosted Services Specification" means the specification for the Platform and Hosted Services set out in the Quotation;
"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models and rights in designs);
"Maintenance Services" means the general maintenance of the Platform and Hosted Services, and the application of Updates and Upgrades;
"Personal Data" has the meaning given to it in the Data Protection Laws applicable in the European Union;
"Platform" means the platform managed by We4Sea and used by We4Sea to provide the Hosted Services;
"Quotation" means the formal statement of promise by We4Sea to supply the services required by a Client, at specified prices, and within a specified period.
"Schedule" means any schedule attached to the Quotation;
"Services" means the services specified in the Quotation, which can be a combination of Consultancy Services, Hosted Services, Training Services, and Client Specific Development Services ;
“Services Contract” means the agreement which provides for ongoing (hosting) Services for the Client;
"Support Services" means support in relation to the use of, and the identification and resolution of Hosted Services Defects. These shall not include the provision of training services, Consultancy Services or Client Specific Developments;
"Supported Web Browser" means the current release from time to time of Microsoft Edge, Google Chrome or Apple Safari;
"Term" means the term of the Contract, as mentioned in article 2;
"Terms and Conditions" means all the documentation containing the provisions of the Contract, namely the main body of these Terms and Conditions and Quotation, including any amendments to that documentation from time to time; and
"Third Party Materials" means the works and/or materials comprised in the Deliverables (excluding the Client Materials), the Intellectual Property Rights in which are owned by a third party, which the parties agree in writing shall be incorporated into the Deliverables.
“Training Services” means the services aimed to train and educate Users in the use of the We4Sea Services.
"Update" means a hotfix, patch or minor version update to any Platform software;
"Upgrade" means a major version upgrade of any Platform software;
“User” means a person that is nominated by the Client to have access to the Hosted Services.
"We4Sea" means We4Sea B.V., a company incorporated in The Netherlands and established under the laws of the Netherlands, with Chamber of Commerce number 65476417;
2. Scope and Term
2.1 Each Contract shall come into force upon the Effective Date, as defined in the Quotation.
2.2 The Contract shall continue in force until:
(a) all the Services have been completed;
(b) all the Deliverables have been delivered; and
(c) all the Charges have been paid in cleared funds,
upon which it will terminate automatically, subject to termination in accordance with Clause 15.
2.3 The Services Contracts not intended in Clause 2.2. shall continue in force until:
(a) the Client has terminated the Contract in writing;
(b) We4Sea has confirmed the termination of the Service Contract in writing;
(c) The month following the month in which the Contract has been terminated has ended; and
(d) all the Charges have been paid in cleared funds,
(e) if parties have agreed on a specific term, once that term has lapsed,
upon which it will terminate automatically, subject to termination in accordance with Clause 15.
2.4 Unless the parties expressly agree otherwise in writing, each signed Quotation shall create a distinct Contract under these Terms and Conditions. To any purchase order (PO) sent by the Client these Terms and Conditions will be applicable.
2.5 We4Sea has the right the amend these Terms and Conditions at any time upon a 30 days’ notice. In case of a change with material negative effect for the Client, the Client has the right to terminate the Agreement during a 60 days period after the notice..
3. Hosted Services
3.1 If so agreed in the Contract We4Sea shall ensure that, on the Effective Date, an Account for the Client is generated and provide to the Client login details for that Account.
3.2 We4Sea hereby grants to the Client a worldwide, non-exclusive license during the Term to use the Hosted Services by means of a Supported Web Browser for the internal business purposes of the Client in accordance with the Documentation.
3.3 The license granted by We4Sea to the Client under Clause 3.2 is subject to the following limitations:
(a) the Hosted Services may only be used by employees, agents and subcontractors of the Client;
(b) the Client may change, add or remove a designated named User; and
(c) the Hosted Services must not be used at any point in time by more than 20 concurrent Users, unless otherwise specified in the Quotation.
3.4 Except to the extent expressly permitted in the Contract or required by law on a non-excludable basis, the license granted by We4Sea to the Client under Clause 3.2 is subject to the following prohibitions:
(a) the Client is not allowed to sub-license its right to access and use the Hosted Services;
(b) the Client is not allowed to permit any unauthorized person to access or use the Hosted Services;
(c) the Client is not allowed to use the Hosted Services to provide services to third parties;
(d) the Client is not allowed to republish or redistribute any content or material from the Hosted Services; and
(e) the Client is not allowed to conduct or request that any other person conduct any load testing or penetration testing on the Platform or Hosted Services without the prior written consent of We4Sea.
3.5 The Client shall use reasonable endeavors, including reasonable security measures relating to the Account access details, to ensure that no unauthorized person may gain access to the Hosted Services using an Account.
3.6 We4Sea shall use all reasonable endeavors to maintain the availability of the Hosted Services to the Client and guarantees a minimum 95% data availability on a monthly basis.
3.7 For the avoidance of doubt, downtime caused directly or indirectly by any of the following shall not be considered a breach of this Contract:
(a) a Force Majeure Event;
(b) a fault or failure of the internet or any public telecommunications network;
(c) a fault or failure of the Client's computer systems or networks;
(d) any breach by the Client of this Contract; or
(e) scheduled maintenance carried out in accordance with this Contract.
(f) (delays due to) unavailability of third-party data or third-party services.
3.8 The Client must not use the Hosted Services in any way that causes, or may cause, damage to the Hosted Services or Platform or impairment of the availability or accessibility of the Hosted Services.
3.9 The Client must not use the Hosted Services:
(a) in any way that is unlawful, illegal, fraudulent or harmful; or
(b) in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
3.10 For the avoidance of doubt, the Client has no right to access the software code (including object code, intermediate code and source code) of the Platform, either during or after the Term.
3.11 We4Sea may suspend the provision of the Hosted Services if any amount due to be paid by the Client to We4Sea under the Contract is overdue, and We4Sea has given to the Client at least 30 days' written notice, following the amount becoming overdue, of its intention to suspend the Hosted Services on this basis.
3.12 All collected historic performance data will be available for analysis and download during the Term.
3.14 All Updates and Upgrades during the Term are included for all modules mentioned in the Quotation. Newly developed modules or functionalities during the Term may be added to the Hosted Services at an additional cost.
3.15 The Client will be responsible for the quality and timeliness of vessel reported data. Any additional work for We4Sea related to this is charged as Consultancy Services.
4. Consultancy Services
4.1 We4Sea shall provide the Consultancy Services to the Client in accordance with these Terms and Conditions, and as described in the Quotation(s).
4.2 We4Sea shall provide the Consultancy Services in accordance with the standards of skill and care reasonably expected from We4Sea in We4Sea's industry.
5. Maintenance and Support Services
5.1 If so agreed in the Contract We4Sea shall provide the Maintenance Services and Support Services to the Client during the agreed Term.
5.2 We4Sea shall if possible give the Client prior written notice of scheduled Maintenance Services or Upgrades that are likely to affect the availability of the Hosted Services or are likely to have a material negative impact upon the Hosted Services, without prejudice to We4Sea's other notice obligations under this main body of the Contract.
5.3 We4Sea shall provide the Maintenance Services and Support Services in accordance with the standards of skill and care reasonably expected from a service provider in We4Sea's industry.
5.4 We4Sea shall make available to the Client a helpdesk in accordance with the provisions of this main body of the Contract.
5.5 The Client may use the helpdesk for the purposes of requesting and, where applicable, receiving the Support Services; and the Client must not use the helpdesk for any other purpose.
5.6 We4Sea shall respond promptly to all requests for Support Services made by the Client through the helpdesk.
5.7 We4Sea may suspend the provision of the Maintenance Services and Support Services if any amount due to be paid by the Client to We4Sea under the Contract is overdue, and We4Sea has given to the Client at least 30 days' written notice, following the amount becoming overdue, of its intention to suspend the Support Services on this basis.
6. Deliverables
6.1 We4Sea shall deliver the Deliverables to the Client.
6.2 The Client must promptly, following receipt of a written request from We4Sea to do so, provide written feedback to We4Sea concerning We4Sea's proposals, plans, designs and/or preparatory materials relating to the Deliverables and made available to the Client with that written request.
6.3 We4Sea shall use all reasonable endeavors to ensure that the Deliverables are delivered to the Client in accordance with the timetable set out in the Quotation. Any deviations to the timetable shall be communicated to the Client.
6.4 The Client is free to upgrade Services offered in the Quotation at any time. Downgrading is limited to one per six (6) months, per vessel. Services and Charges will be adapted on the first day of the new month, following receipt of a written request from the Client to do so.
7. Intellectual Property Rights and License
7.1 If so agreed in the Contract, We4Sea grants to the Client a non-exclusive, worldwide, perpetual and irrevocable license to use the Deliverables in meetings or discussions with their clients.
7.2 If so agreed in the Contract, the Client grants to We4Sea a non-exclusive license to copy, reproduce, store, distribute, publish, export, adapt, edit and translate the Client Data to the extent reasonably required for the performance of We4Sea's obligations and the exercise of We4Sea's rights under this Contract. The Client also grants to We4Sea the right to sub-license these rights to its hosting, connectivity and telecommunications service We4Seas, subject to any express restrictions elsewhere in this Contract.
7.3 The Client warrants to We4Sea that the Client Data will not infringe the Intellectual Property Rights or other legal rights of any person.
7.4 We4Sea shall create a back-up copy of the Client Data at least daily, shall ensure that each such copy is sufficient to enable We4Sea to restore the Hosted Services to the state they were in at the time the back-up was taken, with a maximum retention of 4 weeks.
7.5 Within the period of one (1) Business Day following receipt of a written request from the Client, We4Sea shall restore to the Platform the Client Data stored in any back-up copy created and stored by We4Sea in accordance with Clause 7.4. The Client acknowledges that this process will overwrite the Client Data stored on the Platform prior to the restoration.
7.6 The Intellectual Property Rights of any Deliverable, so also the Client Specific Development Services, will always remain at We4Sea.
7.7 Nothing in the Contract or these Terms and Conditions shall operate to assign or transfer any Intellectual Property Rights from We4Sea to the Client, or from the Client to We4Sea.
8. Charges
8.1 The Client shall pay the Charges to We4Sea in accordance with the Contract and these Terms and Conditions.
8.2 If the Charges are based in whole or part upon the time spent by We4Sea performing the agreed Services, We4Sea must obtain the Client's written consent before performing the Services; and unless the Client agrees otherwise in writing, the Client shall not be liable to pay to We4Sea any Charges in respect of Services performed in breach of this Clause 8.2.
8.3 The Charges during the Term will be at least equal to the minimum vessels times the minimum subscription fees as defined in the Contract.
8.4 All amounts stated in or in relation to the Contract and/or these Terms and Conditions are, unless the context requires otherwise, stated exclusive of any applicable value added taxes (VAT), which will be added to those amounts and payable by the Client to We4Sea. All costs of banking transfers or otherwise will be paid by the Client.
8.5 We4Sea may elect to vary any element of the Charges per each January 1st.
8.6 For the avoidance of the doubt, new services or functionalities outside the current scope of the agreed Hosted Services Specification need to be agreed separately.
9. Payments
9.1 In case of a Consultancy Services We4Sea shall issue invoices for the Charges to the Client on or after the invoicing dates set out in the Quotation.
9.2 In case of recurring Services or ongoing Support Services, as defined in the Quotation or Contract, the Client shall be invoiced on a quarterly basis and pay in advance of each quarter.
9.3 The Client must pay the Charges to We4Sea within the period mentioned on the invoice, or, if not specified, within 10 days following the issue of an invoice in accordance with this Clause 9.
9.4 If the Client does not pay any amount properly due to We4Sea under these Terms and Conditions, We4Sea may charge the Client interest on the overdue amount at the Dutch legal interest rate until the date of actual payment and be compounded at the end of each calendar month.
10. Confidentiality
10.1 Client shall during the term of this Contract and for a period of 5 years thereafter, not disclose to any third party any information acquired from We4Sea in connection with the Contract or use such information for any other purpose than in accordance with this Contract. This obligation shall not apply to the extent information so acquired:
(i) was known to Client prior to the date on which such information was acquired from We4Sea, as shown by records of Client or otherwise demonstrated to We4Sea satisfaction within 14 calendar days following the disclosure of such information by We4Sea;
(ii) is or becomes part of the public domain through no fault of Client; or
(iii) is lawfully obtained by Company from a third party who was, at the moment of disclosure, not bound by similar confidentiality obligations.
10.2 Client shall protect all information acquired from We4Sea against any unauthorized disclosure in the same manner and with the same degree of care, but not less than a reasonable degree of care, with which it protects confidential information of its own.
10.3 The obligations concerning confidentiality contained in this Clause shall survive termination of the Contract.
11. Data protection
11.1 Each party shall comply with the Data Protection Laws with respect to the processing of the Personal Data.
11.2 If any changes or prospective changes to the Data Protection Laws result or will result in one or both parties not complying with the Data Protection Laws in relation to processing of Personal Data carried out under this Contract, then the parties shall use their best endeavors promptly to agree such variations to this Contract as may be necessary to remedy such noncompliance.
12. Warranties
12.1 We4Sea warrants to the Client that:
(a) We4Sea has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions;
(b) We4Sea will comply with all applicable legal and regulatory requirements applying to the exercise of We4Sea's rights and the fulfilment of We4Sea's obligations under these Terms and Conditions; and
(c) We4Sea has access to all necessary know-how, expertise and experience to perform its obligations under these Terms and Conditions.
12.2 If We4Sea reasonably determines, or any third party alleges, that the use of the Hosted Services by the Client in accordance with this Contract infringes any person's Intellectual Property Rights, We4Sea may at its own cost and expense:
1. modify the Hosted Services in such a way that they no longer infringe the relevant Intellectual Property Rights; or
2. procure for the Client the right to use the Hosted Services in accordance with this Contract.
12.3 The Client warrants to We4Sea that he/she has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions.
12.4 With regards to the provision of software or the Platform, the Client acknowledges that:
1. complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of this Contract, We4Sea gives no warranty or representation that the Deliverables or Hosted Services will be wholly free from defects, errors and bugs.
2. complex software is never entirely free from security vulnerabilities; and subject to the other provisions of this Contract, We4Sea gives no warranty or representation that the Deliverables or Hosted Services will be entirely secure.
3. Hosted Services are designed to be compatible only with that software and those systems specified in the Contract; and We4Sea does not warrant or represent that the Hosted Services will be compatible with any other software or systems.
4. We4Sea does not warrant or represent that the Hosted Services or the use of the Hosted Services by the Client will not give rise to any legal liability on the part of the Client or any other person.
12.5 All of the parties' warranties and representations in respect of the subject matter of the Contract are expressly set out in these Terms and Conditions..
13. Limitations and exclusions of liability
13.1 The liability of We4Sea is always limited to direct damages only and to a maximum amount equal to 100% of the received payments in the 12 months prior to the damage causing event.
13.2 Nothing in these Terms and Conditions will:
(a) limit or exclude any liability for death or personal injury resulting from gross negligence or willful misconduct,
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
13.3 The limitations and exclusions of liability set out in this Clause 13 and elsewhere in these Terms and Conditions:
(a) are subject to Clause 12.1 and 2; and
(a) govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.
13.4 Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings, any loss of revenue or income,
any loss of use or production,
any loss of business, contracts or opportunities,
any loss or corruption of any data, database or software,
any special, indirect or consequential loss or damage.
13.5 Neither party shall be liable to the other party in in case of a Force Majeure Event.
14. Force Majeure Event
14.1 If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under the Contract (other than any obligation to make a payment), that obligation will be suspended for the duration of the Force Majeure Event.
14.2 A party that becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in that party performing any obligation under the Contract, must:
(a) promptly notify the other; and
(b) inform the other of the period for which it is estimated that such failure or delay will continue.
14.3 A party whose performance of its obligations under the Contract is affected by a Force Majeure Event must take reasonable steps to mitigate the effects of the Force Majeure Event.
15. Termination
15.1 Client may terminate the Contract by giving a written notice thereof. After such written notice has been received, the Contract will end on the last day of the next month, unless any other termination period has been agreed upon.
15.2 Either party may terminate the Contract immediately by giving written notice of termination to the other party if the other party commits a material breach of these Terms and Conditions.
15.3 Either party may terminate the Contract immediately by giving written notice of termination to the other party if:
(a) the other party:
(i) is dissolved;
(ii) ceases to conduct all (or substantially all) of its business;
(iii) is or becomes unable to pay its debts as they fall due;
(iv) is or becomes insolvent or is declared insolvent; or
(v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;
(c) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up (other than for the purpose of a solvent company reorganization where the resulting entity will assume all the obligations of the other party under the Contract); or
(d) if that other party is an individual:
(i) that other party dies;
(ii) as a result of illness or incapacity, that other party becomes incapable of managing his or her own affairs; or
(iii) that other party is the subject of a bankruptcy petition or order.
16. Effects of termination
16.1 Upon the termination of the Contract, all of the provisions of these Terms and Conditions shall cease to have effect, save that the following provisions of these Terms and Conditions shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 10, 11, 12, 13, 15, 18 and 19.
16.2 The termination of the Contract shall not affect the accrued rights of either party.
16.3 Within 10 days following the termination of this Contract for any reason:
(a) the Client must pay to We4Sea any Charges in respect of Services provided to the Client before the termination of the Contract; and
(b) We4Sea must refund to the Client any Charges paid by the Client to We4Sea in respect of Services that were to be provided to the Client after the termination of the Contract,
without prejudice to the parties' other legal rights.
17. Subcontracting
17.1 Subject to any express restrictions elsewhere in this Contract, We4Sea may subcontract any of its obligations under this Contract.
17.2 We4Sea shall remain responsible to the Client for the performance of any subcontracted obligations.
17.3 Notwithstanding the provisions of this Clause 17 but subject to any other provision of the Contract, the Client acknowledges and agrees that We4Sea may subcontract to any reputable third party hosting business the hosting of the Platform and the provision of Services in relation to the support and maintenance of elements of the Platform.
18. Notices
18.1 Any notice from one party to the other party under the Contract must be given by one of the following methods (using the relevant contact details set out in Clause 18.2 and 18.3):
(a) delivered personally or sent by courier, in which case the notice shall be deemed to be received upon delivery; or
(b) sent by recorded signed-for post, in which case the notice shall be deemed to be received; or
(c) by e-mail
providing that, if the stated time of deemed receipt is not within Business Hours, then the time of deemed receipt shall be when Business Hours next begin after the stated time.
18.2 We4Sea's contact details for notices under this Clause 18 are as follows:
support@we4sea.com
18.3 The Client's contact details for notices are defined in the Contract.
19. General
19.1 The Client acknowledges and agrees that We4Sea may make public its cooperation with the Client. This includes the use of Clients logo on We4Seas public website, participation in a joint press release and in marketing material. Marketing material shall be publicly released upon written consent of Client, which shall not be reasonably be withheld.
19.2 We4Sea is not an employee of the Client, but an independent contractor. Any termination of the Contract will not constitute unfair dismissal; nor will We4Sea be entitled to any compensation payments, redundancy payments or similar payments upon the termination of the Contract.
19.3 The Client shall not, during the Term and a period of 2 years thereafter:, persuade or cause, or (otherwise) attempt to persuade any employee of We4Sea, who shall include but is not limited to permanent employees, part-time employees and (other) contractors, to terminate its relationship with We4Sea, or take any action that may result in the impairment of the relationship between such employee and We4Sea.
19.4 No breach of any provision of the Contract shall be waived except with the express written consent of the party not in breach.
19.5 If any provision of the Contract is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of the Contract will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
19.6 The Contract may not be varied except by a written document signed by or on behalf of each of the parties.
19.7 Neither party may without the prior written consent of the other party assign, transfer, charge, license or otherwise deal in or dispose of any contractual rights or obligations under these Terms and Conditions.
19.8 The Contract is made for the benefit of the parties and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Contract are not subject to the consent of any third party.
19.9 Subject to Clause 9.1, a Quotation, together with these Terms and Conditions, shall constitute the entire agreement between the parties in relation to the subject matter of that Quotation, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
19.10 These Terms and Conditions shall be governed by and construed in accordance with Dutch Law.
19.11 The competent courts of The Netherlands shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Contract.
Privacy Policy
This is the Privacy Policy of We4Sea B.V. ("We4Sea," "we," "us" or "our"), a company incorporated in The Netherlands and established under the laws of the Netherlands, with Chamber of Commerce number 65476417. Our Privacy Policy explains how we collect, use, share and protect information in relation to our website www.we4sea.com and/or www.dashboard.we4sea.com (the "Service"), and your choices about the collection and use of your information.
By using the Service, you understand and agree to the collection and use of information in accordance with this Privacy Policy. Our Privacy Policy applies to all visitors, users, and others who access the Service ("Users").
What kinds of information do we collect?
Information you provide
We collect the following information you provide us with directly:
a. Your name;
b. Your phone number;
c. Your email;
c. Communications between you and We4Sea (e.g., we may send you Service-related emails);
Log file information
We collect information that your browser sends whenever you visit our Service. This log file information may include information such as your computer's Internet Protocol address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
Analytics services (non-personally identifiable information only)
We use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your device or our Service, including the web pages you visit, add-ons, and other information that assists us in improving the Service. The tools use ‘cookies’, which are text files placed on your device, to collect your log information and behaviour information in an anonymous form. We collect and use this analytics information with analytics information from other Users so that it cannot reasonably be used to identify any particular individual User. With respect to Google Analytics, although Google Analytics plants a permanent cookie on your web browser to identify you, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits by disabling cookies.
How do we use this information?
We use all of the information we have to help us provide and support our Services. Here is how:
a. remember information so you will not have to re-enter it during your visit or the next time you visit the Service;
b. provide, improve, test, and monitor the effectiveness of our Service;
c. monitor metrics such as total number of visitors, traffic, and demographic patterns;
d. diagnose or fix technology problems;
e. develop and test new products and features; and
How is this information shared?
We will not rent or sell your information to third parties outside We4Sea.
Change of control
If we sell or otherwise transfer part or the whole of We4Sea or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information collected through the Service may be among the items sold or transferred. The buyer or transferee will have to honor the commitments we have made in this Privacy Policy.
Legal requests and preventing harm
We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
Safety and security
We4Sea has taken appropriate technical and organizational measures by using the latest technologies to protect your information against loss or unlawful processing. We use safeguards to help keep the information collected through the Service secure. However, We4Sea cannot ensure the security of any information you transmit to We4Sea or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. We request you to do your part to help us. You are responsible for controlling access to emails between you and We4Sea, at all times. We are not responsible for the functionality, privacy, or security measures of any other organization.
International transfer
Your information may be transferred to, and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. If you are located outside Netherlands and choose to provide information to us, please note that we transfer the information to The Netherlands. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
Retention period
In accordance with the law, We4Sea does not retain data any longer than is required for attaining the purposes for which they were collected.
Inspection and correction
If you wish to know which of your data We4Sea has recorded or if you wish to amend or remove data that you cannot amend via your account, please contact We4Sea.
Third-party applications, websites and services
We are not responsible for the practices employed by any applications, websites or services linked to or from our Service, including the information or content contained within them. Please remember that when you use a link to go from our Service to another application, website or service, our Privacy Policy does not apply to those third-party applications, websites or services. Your browsing and interaction on any third-party application, website or service, including those that have a link on our Services, are subject to that third party's own rules and policies.
Children's privacy
Our Service does not address anyone under the age of 13 ("Children"). We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you are aware that your Children has provided us with personal information, please contact us. If we become aware that we have collected personal information from a child under age 13 without verification of parental consent, we take steps to remove that information from our servers.
Changes to this privacy policy
We may modify or update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
How to contact us
If you have any questions about this Privacy Policy of the Service, please send an email to support@we4sea.com.