Terms And Conditions
Terms Of Service
Company: Marina Cloud d.o.o., Marina Cloud društvo s ograničenom odgovornošću za trgovinu i usluge
Headquarters: Puntica 7, 51521 Punat
Registered in the Registry of the Commercial Court in Rijeka
Bank account in Erste&Steiermärkische Bank d.d.,
Share capital: 20,000.00 kn, paid in full
Authorized person: Krešimir Žic, dipl. Ing.
This website is operated by SENSE4BOAT. Throughout the site, the terms “we”, “us” and “our” refer to SENSE4BOAT. SENSE4BOAT offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve:
(a) transmissions over various networks
(b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy, Completeness and Timelines of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Products or Services (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Refund Policy.
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation:
(1) to maintain any comments in confidence
(2) to pay compensation for any comments
(3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose
(b) to solicit others to perform or participate in any unlawful acts
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
(f) to submit false or misleading information
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet
(h) to collect or track the personal information of others
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape
(j) for any obscene or immoral purpose
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall SENSE4BOAT, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless SENSE4BOAT and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Service shall be governed by and construed in accordance with the laws of Croatia.
Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org
GENERAL TERMS AND CONDITIONS
Marina Cloud is a legal person that provides Services of receiving, processing and storing of digital data to the User via an IT platform SENSE4BOAT. A User is any natural or legal person using SENSE4BOAT Services upon completing the registration. These General Terms and Conditions describe and determine the legal relationship between Marina Cloud and the Service User, regardless of the services provided by a third party. The Services are provided to the User by Marina Cloud and companies (e.g. marinas and other) that are in any way associated with Marina Cloud and/or have a business cooperation agreement for the use and improvement of Services provided to the User, whereby Marina Cloud does not have any influence over the contents of data that the User can receive from third parties. These General Terms and Conditions are published on the SENSE4BOAT website. The Services cannot be used if the User is: (a) underage or (b) a person prohibited from receiving Services by applicable regulations of any country, including the country of residence of the User or the country from where the Services are being used.
ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
In order for the User to use the Services, they must accept the General Terms and Conditions. The General Terms and Conditions are accepted by pressing the ‘accept’ checkbox during the creation of the user profile. The user profile cannot be created without the acceptance of the General Terms and Conditions.
AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS
Marina Cloud reserves the right to amend the contract terms and shall, in accordance with these General Terms and Conditions, make available to the User any and all amendments which enter into force no sooner than within 90 days. The User accepts the amended General Terms and Conditions by continuing to use the Service after entry into force of the amendments to the General Terms and Conditions.
SERVICE PROVISION AND USE
The service is provisioned exclusively while the boat is located at its stationary berth in its home marina covered with the SigFox IoT network of the sufficient quality of signal. The use of the service on other locations and for other vessels is solemnly the responsibility of the User. The service is provisioned in accordance with the technical specification and nature of every single sensor, as described in the technical datasheets on the web page. If during the vessel’s stay at its contract berth any signs of a potential threat by processing the data received from the installed sensors are detected (smoke, increased temperature or water intrusion into the vessel), Marinacloud shall directly forward this information to the vessel’s owner via email, voice call and SMS to the contacts stated in the user’s profile. If the user is actively linked to his/her contract marina, this information shall be forwarded to the marina as well. The alert shall contain a description of the harmful event, the sensor’s name, time of occurrence, name of vessel, the contract berth’s designation and optionally additional information that may help in a quicker detection and removal of the hazard. Marinacloud may also deliver this information via other communication channels, subject of the terms of the Agreement. The Services may be used solely for personal and non-commercial purposes; reproduction, duplication, copying, selling, trading or reselling Services or parts thereof is strictly prohibited. Marina Cloud shall endeavor to keep all the presented information accurate and up to date, Marina Cloud shall not be liable for possible delays due to unforeseen technical problems. The User must periodically test and supervise the system in accordance with the provided instructions independently of Marina Cloud and Marina Cloud shall not be liable for the results.
Marina cloud is entitled to a fee for the services provided. The fee is payable according to periodic advance payments and prices published in the current price list on the official Marinacloud website. The reimbursement invoice is sent to the User’s email. Marina Cloud reserves the right to refuse service in the event of failure to pay a fee for using the service.
The User acknowledges that Marina Cloud may, as part of the Service, set up or display advertising, promotional or other content, materials or products for promotional purposes. In any case, Marina Cloud shall send promotional e-mails or newsletters solely if the User expressly agreed to receive such information and communication, for example, when registering for the use of Services.
DATA MONITORING BY THE MARINA
The User agrees that Marina Cloud shall, as part of the Service, submit data on the vessel status to the Marina in which the vessel is located at the time of data transmission. The data being submitted serves only informational purposes and the Marina in which the vessel is located receiving the data, is not obliged to act and in no way assumes responsibility for the reception of data and any action based on the received data.
DISCLAIMER OF LIABILITY
The use of the Service is the sole responsibility of the User. The Provider does not warrant that the use of Service shall be uninterrupted or free of errors and shall not be liable for any consequences arising from the use of the Service. This Statement of Liability refers to direct or indirect, material or non-material damage. In any event, the Service User accepts that data collected based on the Service provided by Marina Cloud cannot be entirely sufficient for further action of the User and are delivered for informative purposes only. Any reliance on the received data shall be the exclusive responsibility of the Service User. Marina Cloud shall be exempt from any liability for damage which may arise on mobile phones on which the application is installed, and the data stored on said devices. Marina Cloud is exempt from any liability regarding the possible use of the Internet Store.
THIRD PARTY SUPPORT
Provision of the Service depends on, inter alia, the availability and coverage of wireless network providers, as well as the communication channel by the Internet-of-Things (IoT) SigFox network and sensors manufactured by third parties. The provision of the Service shall be provided for a vessel located at a location covered with the SigFox IoT network of sufficient quality, primarily while the vessel is at a stationary berth. The User shall assume responsibility for the system operation at locations outside of the location referred above. Marina Cloud shall not be liable for any damage or loss caused by third party malfunctions. Marina Cloud shall not be liable for temporary unavailability of the application due to technical problems beyond the control of Marina Cloud.
The application design copyright which is an integral part of the Service, as well as all other intellectual and/or property rights shall be the sole ownership of Marina Cloud and the User shall not acquire any rights whatsoever as a result of using the Service. It is strictly forbidden to use (in whole or in part), transfer (electronically or otherwise), modify, merge or use any part of the Service for public and commercial purposes without prior written consent of the Provider. The company Marina Cloud d.o.o., its licensors, suppliers, shareholders and other affiliates retain all rights not expressly assigned to the User under these General Terms and Conditions. It is forbidden to (a) give another user or third party the license to use the Service or otherwise allow them to access the account or User Services; (b) use the Services in such a way that the User provides Services to other users or third parties; (c) in any way transfer, sub-license, establish a lien in or over the Marina Cloud license or another right arising from it, loan or rent Marina Cloud Services and/or license, or otherwise transfer the Marina Cloud license or any right arising from it to third parties. It is forbidden to duplicate, modify, create derivative works or otherwise attempt to extract the source code of Marina Cloud Services or any part thereof.
REGISTRATION DATA AND USER ACCOUNT
When using the Services, the User may be required to provide information about themselves before proceeding with the use of Services (‘Registration data’). The User agrees to provide accurate, up-to-date and complete registration data, and update their registration data when required in order to keep the data accurate, recent and complete. The User is required to keep their account information safe and protected and to prevent unauthorized access to their account information and account by third parties. The User must immediately inform Marina Cloud via e-mail of any unauthorized use of their registration or account information as well as any breach of security as soon as they become aware of it.
PERSONAL DATA PROTECTION
Marina Cloud shall not be liable for failure or delays in the fulfillment or of any of its obligations arising from this contract due to an event beyond reasonable control. The fulfillment of obligations by Marina Cloud during events caused by force majeure is considered suspended and the time allocated for meeting the obligations shall be extended by the duration of the event caused by force majeure.
Marina Cloud shall adhere solely to written conditions. All statements, claims or agreements made or concluded otherwise, either directly or indirectly, in writing or verbatim, or through advertising, shall not be binding to Marina Cloud unless Marina Cloud explicitly acknowledges it in writing. If any of the provisions of this contract is invalid (in whole or in part), in accordance with the decision of the court competent to decide on such a legal matter, that provision shall be removed from the contract without prejudice to the other provisions of the contract which shall remain in force.
These General Terms and Conditions are written in accordance with the law of the Republic of Croatia. The law of the Republic of Croatia shall apply to the relationship between the Provider and the User regarding the use of the Service.The User and Marina Cloud shall attempt to amicably resolve any disputes arising from these General Terms and Conditions. If a peaceful settlement of the dispute is not possible, all disputes arising from or with regard to these General Terms and Conditions shall be finally resolved by the competent court in Rijeka.
These General Terms and Conditions shall enter into force and are applicable from 1.1.2020.