Note: Confirmation to be requested:
I hereby confirm that I am over 18 years of age old, legally able to form a contract pursuant to the laws of the jurisdiction I currently reside in and situated at the time of entering into the webpage of SeaAround at http://www.seaaround.com/ or otherwise using the Means (as defined in the Terms and Conditions and I have a command and understanding of the English language of such level that enables me to comfortably read through the Terms and Conditions and understand them fully. I further confirm that I have read the Terms and Conditions in detail and have requested professional advice to understand these terms to the extent I considered appropriate, or have made an informed decision to read through the Terms and Conditions alone relying on my education and personal experience and agree to be bound by these Terms and Conditions fully.
The following comprise the terms and conditions (hereinafter the “ Terms” and/or the “Agreement ”) on which you agree to enter into and use the services made available to you via www.seaaround.com and/or via any of the other Means (as hereinafter defined) (hereinafter “ SeaAround”, which expression shall also include the Means, where the context so permits).
By remaining on the website and/or otherwise using the Means and/or further engaging into any activities relevant to the services made available to you via/by SeaAround in any manner whatsoever you unconditionally accept the Terms acknowledging your capacity as User (as such term is hereinafter defined) and waiving to the fullest extent permissible under any applicable law of any Relevant Jurisdiction (as such term is hereinafter defined) your rights, defenses and objections against the Terms.
If you feel at any point in time that you do not understand and/or that you do not agree with any term of this Agreement (no matter how insignificant such term may appear to you), please discontinue accessing the Means (as defined below); failure to do so and accepting these terms is clear evidence and unequivocal acceptance on your part that no such circumstances have arisen.
SeaAround emphasizes and strongly recommends that you kindly:
STUDY THESE TERMS AND CONDITIONS CAREFULLY AND WITH THE ADVICE OF LEGAL COUNSEL, AS:
o SEAAROUND’S AND YOUR JOINT UNDERSTANDING ON HOW SEAAROUND OFFERS SERVICES TO YOU;
o YOUR AGREEMENT TO LIMIT POTENTIAL CLAIMS YOU MAY HAVE AGAINST SEAAROUND;
o YOUR AGREEMENT TO ASSUME SPECIFIC ADDITIONAL OBLIGATIONS TOWARDS SEAAROUND AND OTHER USERS;
o YOUR AGREEMENT TO ACCEPT THAT THE TERMS SHALL BE SUBJECT TO THE LAWS OF GREECE;
o YOUR AGREEMENT THAT ANY DISPUTE THERE MAY ARISE OUT OF OR IN RELATION TO YOUR RELATIONSHIP WITH SEAAROUND FOR ANY REASON WHATSOEVER (WHETHER CONNECTED WITH THIS AGREEMENT OR NOT) MAY ONLY BE SUBMITTED FOR RESOLUTION BEFORE THE COMPETENT COURTS OF ATHENS, GREECE.
This Agreement is entered into by you, the User (as such term is hereinafter defined) and SeaAround for the purpose of governing and regulating your access and use of the Services (as hereinafter defined) as such Services are made available to you via the website http://www.seaaround.com/, the mobile application and any other website and/or application that SeaAround chooses from time to time to promote and/or render the Services (collectively the “Means”).
By accessing the Means in any manner whatsoever and/or using and/or requiring and/or purporting to use and/or purporting to require the Services in any manner whatsoever you acknowledge and agree that you become a party to this Agreement in the capacity of the User (as such term is hereinafter defined) and irrespective of whether you actually create a User Account (as such term is hereinafter defined) or not and, accordingly, you agree to comply with and be legally bound by the terms and conditions of this Agreement, in your capacity as User.
1. DEFINITIONS
1.1. In this Agreement:
“Account” means the electronic account and profile created for a User when completing the account registration process of SeaAround.
"Boat" means a boat that the relevant Boat Owner warrants and confirms is able to be chartered in accordance with the law of such boat’s flag and, further, the law of all Relevant Jurisdictions, and which is uploaded in an Entry for Chartering.
“Boat Owner” means the (at any relevant time) legitimate current and undisputed owner of the Boat whose name is registered in the ship register of the Boat’s home port and who may freely charter the Boat on terms solely determined by it and the relevant Traveler(s);
"Captain" means a properly and fully trained and licensed skipper of a Boat in accordance with the requirements and regulation’s of the Flag and the requirement, laws and and regulations of all Relevant Jurisdictions, that is also registered as the Boat’s master in the Insurances and the Boat’s official documents per the requirements of the Flag and is properly authorized to serve as a Boat’s skipper by the relevant Boat Owner.
“Charter” means an agreement entered into among a Boat Owner and Traveler(s) for the chartering of a Boat following a Listing thereof and the verb “to Charter” shall be interpreted accordingly;
"Content" means any and all text, graphics, images, music, software, audio, video information, concept, software, programming code and/or other materials made available in any manner whatsoever via the means.
"Entry" means an entry created by a Boat Owner to indicate to Travelers and third parties that a Boat is available for Chartering.
“Flag” means in respect of a Boat the flag of the homeport of the Boat at which port the Boat is registered in the name of the Boat Owner in accordance with the laws and regulations of the Relevant Jurisdiction.
“Insurances” means collectively in relation to a Boat all policies and contracts of insurance (including all entries of that Boat in a protection and indemnity and war risks association) or such other arrangements by way of insurance which are from time to time taken out or entered into in respect of or in connection with that Boat;
“Profile” means the electronic profile linked to and created automatically based on an Account to which every User other than the User owning the relevant Account and Profile will have access to;
“Relevant Jurisdiction” means:
(a) When referring to a port, the country and (to the extent applicable) the administration, the laws and regulations of which govern the registration of Boats at such port and/or regulate the terms under which a Boat may enter, dock, sail from and/or in the area of jurisdiction of the authorities of such port;
(b) When referring to a Boat, means the country in which the Boat is situated at any point in time and/or the laws of which regulate the sailing of, the chartering and the operation of the Boat in any manner whatsoever;
(c) When referring to a Boat Owner who is a legal entity, the country under the laws of which such legal entity is incorporated or formed or is deemed to be incorporated and/or in which such legal entity operates or is deemed to operate;
(d) When referring to a User, means the country in which such User is resident for tax purposes and in which the User chooses at any point in time to use the Means;
“Ride”: means a Charter
“Services” shall mean (and shall accordingly be limited to) the electronic facilities offered via the Means through which a Boat Owner can create an Entry for the Chartering of a Boat and further through which Travelers may make an offer to Charter and Charter a Boat listed in an Entry and further through which the Users may interact with each other in the manner set out in this Agreement.
"Traveler" means a User other than a Boat Owner, who has an Account for the purpose of Chartering a Boat.
“User” means a person that:
(a) is a Boat Owner or a Traveler with an Account, for the purpose of enjoying rights in accordance with this Agreement; or
(b) is a person accessing the Means for all other purposes.
"User Content" means all Content that a User posts, uploads, publishes, submits or transmits to be made available through SeaAround (including any profile information the User provides) whether directly by utilizing any Mean or indirectly by utilizing third party applications of any type and nature whatsoever (including without limitation, email features. social media accounts and posting mechanism and sms applications or other applications used for conveying information).
1.2. In this Agreement unless the context otherwise requires:
1.2.1. clause headings and sub-headings are inserted for convenience only and shall not affect the construction of the Agreement and unless otherwise specified, all references to Clauses are to clauses of this Agreement;
1.2.2. words importing the singular shall include the plural and vice versa;
1.2.3. any reference to agreements, documents or instruments includes a reference to that agreement, document or instrument as amended, supplemented, substituted, novated or assigned from time to time;
1.2.4. references to persons include any individual, partnership, firm, trust, body corporate, government, governmental body, authority, agency, unincorporated body of persons or association;
1.2.5. a reference to any enactment or statutory provision include any enactment or statutory provision which amends, extends, consolidates or replaces the same or which has been amended, extended, consolidated or replaced by the same and shall include any orders, regulations, codes of practice, instruments or other subordinated legislation made under the relevant enactment or statutory provision; and
1.2.6. the words "herein", "hereto" and "hereunder" refer to this Agreement as a whole and not to the particular Clause or Schedule in which the words may be used.
1.2.7. references to “you”, “yourself”, “yours” and similar references in the second person are to be interpreted as references to a person other than SeaAround that is reading through the Agreement and shall be bound by the Agreement in the capacity of a User should such person choose to accept the Terms and enter into the Agreement; references to “we”, “ourselves”, “ours” and similar shall be interpreted as references to SeaAround.
2. SERVICES
2.1. The Services are intended to and may only be provided to Boat Owners and Travelers. Each User acknowledges, agrees and undertakes to use the Services in the capacity of Boat Owner or Traveler (as the case may be) strictly and not for any other reason whatsoever.
2.2. It is expressly prohibited to use the Means or the Services in any manner and capacity whatsoever other than:
2.2.1. for creating an Entry by a Boat Owner in respect of a specific Boat of its ownership; and/or
2.2.2. for requesting to Chartering by a Traveler pursuant to an Entry; and/or
2.2.3. for Exchanging messages among Travelers and/or among Travelers and a Boat Owner in respect of a Boat for matters relevant to 2.2.1 and 2.2.2 above; and/or
2.2.4. for providing feedback in respect of a Traveller or a Captain or a Boat Owner or a Boat.
2.3. For the sake of good order and without limiting the generality of the foregoing it is expressly advised that the Means and the Services are not intended for and may not be used by persons acting in the capacity of brokers or agents (whether de jure or de facto) for the purpose of promoting agreements between persons seeking to charter a boat (or use it in any manner whatsoever) and persons seeking to exploit a boat commercially in any manner whatsoever.
2.4. The Means and Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Means and Services are not available to persons under 18 years of age and/or Users who have had their Account or Profile terminated or suspended.
2.5. SeaAround is a social media platform available via the Means for connecting Users on matters relevant to Boats and Charters. SeaAround does not provide transportation or chartering services. Each User shall determine at its own discretion and risk whether it shall enter into an agreement with one or more other Users in accordance with the present terms and each User acknowledges that in doing so, it is not relying in any manner whatsoever on undertakings or warranties of SeaAround. SeaAround may not in any manner whatsoever be deemed liable towards a User in respect of a Charter or in respect of the actions or inactions of another User. SeaAround has no control over the conduct of Users and any rights granted to SeaAround pursuant to this Agreement are discretionary and may not be interpreted by Users or third parties as a duty or obligation of SeaAround to exercise same; further each User agrees and undertakes not to pursue in any manner whatsoever (whether judicially or extrajudicially) to have SeaAround exercise the rights conferred to it under this Agreement.
3. ACCOUNT REGISTRATION
3.1. In order to access and use Services each User agrees and undertakes to create an Account. Each User agrees and undertakes to provide complete, precise and current information that will be requested from such User during the procedure for creating an Account. SeaAround reserves the right to request a User to provide supporting documentation and evidence (in form and manner acceptable to SeaAround at its sole discretion) in support of the information provided by the User. Accordingly, each Boat Owner is required and agrees to provide copies of Boat certificates, class documents, trading documents and Insurances at the time of registration of such Boat Owner’s Account.
3.2. The Account of each User and the Profile corresponding to such Account will be created automatically based on the information provided by such User; however such Account and Profile may be suspended or terminated by SeaAround at any point in time with or without notice pursuant to this Agreement.
3.3. As part of the Account creation process, each relevant User will be requested to create an individual password (the “ Password”) for the purpose of gaining access to the Account. SeaAround has implemented encryption procedure for safeguarding the Accounts and prohibiting unauthorized access. However, SeaAround clearly disclaims and each User acknowledges and agrees that SeaAround shall not be liable for and further each User undertakes to hold SeaAround harmless from any unauthorized access and use of such User’s Account in any manner whatsoever. Accordingly, each User acknowledges and understands that such User shall be solely responsible for any actions or omissions via such User’s Account.
3.4. Each User undertakes vis-à-vis SeaAround:
3.4.1. To create a Password comprising letters, numbers and signs in unusual order that such User has not previously used for any other purpose whatsoever;
3.4.2. Not to disclose the Password or enable any person other than the User to gain access to its Account;
3.4.3. Not to access its Account using electronic means that are available to the public or by connecting to networks that are publically accessible for gaining access to the internet; and
3.4.4. To immediately notify SeaAround in case such User considers that its Account may have been accessed or may have become vulnerable to being accessed in any manner whatsoever by a party other than such User.
3.5. Each User acknowledges that by creating an Account, it consents and agrees to accept and receive communications from SeaAround and other Users including e-mails, text message, calls, and push notifications to the cellular telephone number provided to SeaAround.
4. MODIFICATION/termination
We reserve the right to cease or suspend offering you the Means and/or the Services at any point in time and you undertake to accept such cessation or suspension on our part without any reservation on your part and shall further hold us harmless from the consequences of such cessation or suspension on our part as regards agreements you may have reached with other Users. Further, we reserve the right to modify the terms and conditions of this Agreement at any time. In case of changes, we will notify you at least by posting a relevant notice (the “ Notice”) on any of the Means that the Terms were revised; any revisions shall be effective as from the date the Notice is posted on any of the Means; should you continue to use the Means and/or the Services in any manner whatsoever after we post the Notice, you thereby agree to have consented to such changes. In case you disagree to the revised Terms, you agree to cease immediately to use the Means and the Services and terminate your Account and Profile.
5. PAYMENTS TO BOAT OWNERS
5.1. All payments to boat owners can be made either by cash or via PayPal (please read carefully the terms and conditions of PayPal at www.paypal.com) or using your debit or credit card. Payment methods and details should only be provided by the contracting parties to the boat owner’s offers, for the use of which the Platform (“SeaAround”) bears no liability.The rental/booking fee and any additional expenses may be subject to applicable local taxes. The boat owner accepting the booking is solely responsible for the collection, reporting, and payment of applicable taxes.
5.2. Any direct or indirect exchange of money between travelers and boat owners other than payment through “SeaAround” is a violation of these terms.
6. PLATFORM (“SeaAround”) SERVICE FEES
The Platform’s Services Fees, equal to a percentage of the booking price, shall apply and be directly deducted from the payment once the trip is made and/or the payment is cleared. Boat owner undertakes to pay for the abovementioned platform (“SeaAround”) service fees by bank transfer to “SeaAround”, no later 30 days since the trip is made and/or the payment is cleared.
7. CANCELLATION POLICY
7.1. Contracting parties fault:
7.1.1. If the trip cancelled by fault of the Traveler (no show) then the following applies:
A) LOOSE CANCELLATION POLICY
B) MODERATE CANCELLATION POLICY
C) STRICT CANCELLATION POLICY
7.1.2. If the trip is cancelled by fault of the boat owner then the traveler is entitled to a refund equal to the booking price less any transaction fees incurred.
7.2. Force majeure: In case of majeure (such as rebellion, riots, hijacking, insurrection, civil commotion, strikes or labor disputes, adverse weather conditions, fires, floods, laws, regulations, acts, demands or orders of any government or agency, seizure of the boat under legal process, inability to obtain fuel, boat damage or loss, lack of essential parts or supplies, mechanical problems, illness or incapacitation of crew members, denial of operating or docking approvals, lack of clearances or permits by governmental authority, or any other cause which is beyond the control of the Company and the contracting parties) the traveller is not entitled to a refund. However, travellers have the option to pay for an extra “insurance fee” of 20% of the total price of the booking in order to be entitled to a refund of the booking price.
8. ENTRIES
8.1. As a Boat Owner you are entitled to create an Entry in respect of a Boat in your ownership. No User other than a Boat Owner is entitled to create an Entry. Accordingly, by creating an Entry in respect of a Boat you represent and warrant you are the owner of such Boat, you have procured that a Captain will be sailing the Boat and you are legally entitled to render the Boat available for Chartering as per the details of the Entry and in accordance with the law of the relevant Boat’s Flag and further, in accordance with the laws of the Relevant Jurisdictions.
8.2. Each Entry must clearly advise the following:
a) the type and year of built of the Boat;
b) the number of persons it can lawfully have on board as passengers and crew in accordance with the laws of the Flag and the relevant jurisdictions;
c) the dates on which the Boat is available for Chartering;
d) the hire payable per day / pro rata for Chartering the Vessel and the manner of payment of hire;
e) the Boat’s sailing limits (if there are such);
f) a clear confirmation that the Boat is properly equipped with all required equipment (including life saving appliances and devices, setting out the relevant inventory) and has passed all relevant surveys required by the Boat’s Flag and the laws of the Relevant Jurisdictions; and
g) Details as to the Captain’s license.
h) Details as to the Boat’s license
i) Boat’s photo album
8.3. Each Boat Owner acknowledges and agrees, represents and warrants that:
Entries may be accessible by all other Users and third parties; and
Any Entry posted and any Charter entered into by such Boat Owner:
i. will not breach any agreements such Boat Owner has entered into with any third parties, including but not limited to bareboat charter agreements, loan agreements, charter agreements, or insurance agreements;
ii. will be in compliance with all applicable laws (including but not limited to laws for the safety of life at sea, laws against marine pollution and laws governing boats and vessels), tax requirements, and rules and regulations that may apply to the relevant Boat Owner/Captain and/or the Boat (including having all required permits, licenses and registrations); and
iii. Will not conflict with the rights of third parties.
It shall procure obtaining and maintaining appropriate Insurances for any Boat, covering among others civil liability towards each other User on board the Boat. A Boat Owner is deemed to have unreservedly acknowledged that its Boat is permitted under applicable laws to be used for chartering and meets all requirements of applicable law, including Insurance requirements set out in this Agreement or mandated by law.
8.4. Each User acknowledges and agrees, represents and warrants that:
a) SeaAround reserves the right, at any time and without prior notice, to suspend or terminate access to any Entry for any reason, including Entries that SeaAround, in its sole discretion, reasonably considers to be in violation of this Agreement or applicable laws.
b) The removal, suspension or or disabling of any Entry by SeaAround will not avail a User to claim damages against SeaAround for such removal, suspension or disabling.
c) A request to Charter a Boat made by a Traveler (or a group of Travelers acting jointly as the case may be) based on an Entry shall constitute a valid and binding offer which if accepted by the Boat Owner shall constitute a valid and binding agreement among the relevant Boat Owner on the one part and the Traveler(s) on the other for the Chartering of the Boat in accordance with the terms of the Entry, the request made pursuant thereto and the provisions hereof. Accordingly, the Boat Owner of the relevant Boat that has been agreed to be Chartered undertakes to have the Boat at the disposal of the Travelers properly manned by the relevant Captain on the dates and in the manner specified in the Entry and otherwise in accordance with the Terms and in consideration of the hire payable pursuant to the Entry.
d) The abovementioned agreement among the relevant Boat Owner on the one part and the Traveler(s) on the other for the Chartering of the Boat in accordance with the terms of the Entry via SeaAround does not constitute a charter party. Following the abovementioned agreement, the Boat Owner and the Traveler(s) have to sign a written Charter Party in accordance with the applicable law and relevant jurisdiction. In any case, SeaAround may not in any manner whatsoever be deemed liable towards a User in respect of the abovementioned Charter Party or in respect of the actions or inactions of another User. SeaAround does not provide transportation or chartering services.
9. WARRANTY – liability
9.1. SeaAround does not endorse or warrant any User, Captain or Boat. All Entries, Accounts and Profiles are created based solely on the User Content provided by the relevant User who is solely responsible for the accuracy, completeness and reliability of such information and Entries.
9.2. By using the Means or the Services, you agree that you are precluded from attempting to impose liability on or seek any legal remedy against SeaAround with respect to actions or omissions relevant to the Entries, the Charters, the Boats and/or other Users’ and/or Captains’ conduct. Accordingly, the users have to communicate each others regarding any Entries, Boats, Captains, or other User Content available.
9.3. All information provided to you via the Means are provided on a no warranty or representation basis and are to be evaluated by you as to their accuracy, completeness and reliability via your own means. Each User is responsible for its own acts and omissions and those of others to the extent so provided at law.
9.4. The Means and Services may provide for links to third-party websites and/or third-party content or content originating from third parties. SeaAround does not endorse nor warrant, and may not be held responsible or liable for, the availability or accuracy of such content and/or sites and links to such content and/or sites.
9.5. The Means and Services are provided on an "as is" basis and without any warranty or condition of any kind, express, implied or statutory.
9.6. SeaAround does not warrant that access and use of the Means and Services will be continuous, complete, reliable, on a real-time basis, secure, or always available, or will meet a User’s requirements.
9.7. SeaAround does not undertake to remedy any defects of the Means and Services and makes no warranty as to the reliability and safety of the usage of the Means.
10. USER & BOAT REVIEW
10.1. Users who have entered into a Charter, will following the expiry of the relevant Charter period be requested by SeaAround to review the other User(s) with which they entered into the Charter, as well as the relevant Boat and her Captain on the basis of a pre-determined reviewing system of SeaAround. SeaAround shall be entitled to post such review on the Means (or such other platforms/media as owned and/or managed by SeaAround and/or platforms and/or media controlled and/or owned by third parties). Users agree to be truthful and objective in their review without insulting via offending language the User or the Captain under review or third parties that are reading such review and, further without making defamatory statements or statements in breach of applicable laws.
10.2. SeaAround will not endorse any review and may not be deemed for any reason whatsoever as issuing and/or supporting such review. Further, SeaAround reserves the right to refuse, edit, or remove unfavorable reviews in the event that such reviews are reasonably believed to be offensive, inaccurate or in violation of public ethics and/or applicable laws and regulations.
10.3. SeaAround may at any time suspend or terminate a User’s Account and Profile based on the reviews of other Users.
11. USER CONTENT
11.1. SeaAround shall be creating an account based on the User Content the User provides. Each User is solely responsible for its relevant User Content, the interactions, agreements entered into and/or undertakings made towards other Users or third parties via the Means. You agree to provide and maintain accurate, current and complete information that SeaAround and other Users and third parties may rely on.
11.2. Each User warrants and represents that it is the sole author and/or proprietor of the User Content and, you grant to SeaAround a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to exercise the copyright, publicity, and database rights you have in User Content, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. SeaAround does not assert any ownership right over User Content but a right to use such User Content in reliance on this agreement.
12. REPRESENTATIONS AND WARRANTIES
Each User is solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to the use of the Means and Services and further in respect of Charters entered into accordingly. In connection with each User’s use of the Means and Services, each User agrees not to:
a) violate any local, national or other law, statute ordinance or regulation;
b) post information, submit or transmit any content, or interact in a manner which is false, inaccurate, misleading, defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or otherwise illegal;
c) use the Means in any way that infringes any third party’s rights, including but not limited to intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
d) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
e) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Means or any software used on or for the Means;
f) attempt to probe, scan or test the vulnerability of any of the Means or breach any security or authentication measures;
g) seek to create more than one Account;
13. INTELLECTUAL PROPERTY – permission to use the means
13.1. All intellectual property rights in the Means and Services are owned by SeaAround, including but not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights worldwide.
13.2. Any User derived questions, comments, suggestions, ideas, feedback or other information provided to SeaAround are non-confidential and shall become the sole property of SeaAround upon receipt thereof.
13.3. Subject to your compliance with this Agreement, you are granted a limited non-exclusive, non-transferable license to access or download and install a copy of one or more of the Means on a personal electronic device of your sole direct and immediate control and for your own use. You undertake not to allow any other person to have access to such device while any of the Means are accessible via or installed on such device.
13.4. SeaAround reserves the right to terminate an Account of a User who is reasonably believed to be infringing the rights of copyright holders.
14. Termination
14.1. SeaAround may, in its discretion and without liability to a relevant User, with or without cause, with or without prior notice and at any time, limit, suspend, deactivate or cancel such User’s Account and Profile. In such case, notice will be sent to any other User having entered into a Charter with the relevant User. Each User and User(s) having entered into a Charter with the former shall in such event be deemed to have mutually terminated the relevant Charter on a drop-hands basis without the right to damages, unless and to the extent that the termination of a User’s Account is attributable to a breach on the part of such User of this Agreement, in which case each other User having entered into a Charter with the User in breach and SeaAround shall be entitled to instigate actions against the User in breach for their losses. In any event, each User agrees not to be entitled to any compensation from SeaAround for the cancellation of a Charter or any other reason relevant or connected with the termination of an Account and Profile and/or the cancellation of Charters (including compensation and remedies for loss of opportunity and damage to reputation).
14.2. Without in any manner whatsoever limiting the generality of the foregoing, all of the terms of this present agreement are agreed as material and SeaAround shall be entitled to terminate an Account of a User in case of breach of any term hereof by such User and seek damages against such User. Nothing in this Agreement may be interpreted as limiting the rights conferred to SeaAround by this agreement or at law for pursuing remedies and/or damages against a User for any reason whatsoever.
14.3. Each User shall be entitled to deactivate its Account and Profile at any time; the deactivation shall become effective upon performance of any Charters already entered into prior to the time of requesting the deactivation. Once a User requests the deactivation of its Account/Profile its access to the Means will become limited to what may be required in SeaAround’s reasonable opinion for performing Charters already entered into. The deactivation of an Account will not lead to the cessation of rights granted to SeaAround per this Agreement in respect of User Content associated with that Account and Profile. Further a User that has terminated its Account/Profile may sign up a new Account/Profile apply for reactivation of such Account (which will be subject to SeaAround’s approval) but not for the creation of a new Account/Profile.
15. INDEMNITY
The User agrees to defend, indemnify, and hold SeaAround and its affiliates, officers, directors, employees, agents, shareholders and suppliers harmless from and against any claims, actions, suits, losses, costs, liabilities, damages and expenses (including, without limitation, reasonable legal and accounting fees) relating to or arising out of such User’s use of the Means and Services.
16. ASSIGNMENT – TRANSFERABILITY
You may not assign or transfer this Agreement, by operation of law or otherwise, without SeaAround’s prior written consent. On the contrary SeaAround is granted herewith by you a full and unlimited right to assign its rights and/or otherwise transfer the rights and obligations under this Agreement to any third party it so chooses, provided however you are notified of such assignment and/or transfer. You undertake to discontinue using the Means and Services and terminate your Account and Profile should you for any reason whatsoever disagree with such assignment and/or transfer on the part of SeaAround.
17. NOTICE
Any notices or other communications permitted or required hereunder, will be in writing and given by SeaAround through the Means or given to You via the email address You provide to SeaAround during the registration process, and such notice shall be deemed delivered upon dispatch.
18. NO AGENCY or partnership
Nothing in this Agreement may be interpreted as leading to the formation of a company or partnership or the appointment of agents or the constitution of employer-employee relations among Users and/or as between one or more Users and SeaAround.
19. SEVERABILITY
In the event that any provision of this Agreement is rendered or declared illegal, invalid or inoperative in whole or in part by any statute, rule or regulation or any decision of any court or tribunal of competent jurisdiction then such determination or declaration shall neither affect nor impair the validity of any other term or condition of this Agreement which (save as aforesaid) will remain in full force and effect nor the legality, validity or enforceability of such term or condition under the law of any other jurisdiction.
20. Apllicable LAW AND JURISDICTION
This Agreement will be interpreted in accordance with the laws of Greece and any dispute arising out of or in relation thereto shall be submitted to the exclusive jurisdiction of the competent courts of Athens.