Ship Selector

Terms and conditions of use

Introduction
1. These terms and conditions shall govern your use of our website.
2. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
3. If you [register with our website, submit any material to our website or use any of our website services], we will ask you to expressly agree to these terms and conditions.
4. You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
5. Our website uses cookies and processes personal data.. By using our website or agreeing to these terms and conditions, you acknowledge that you have read and understood our Privacy Policy and Cookie Policy, which can be accessed here at our website. Where required by applicable data protection laws (including the GDPR), consent for non-essential cookies or data processing will be requested separately via our cookie management tool.
Copyright notice
1. Copyright © 2017 SHIPSELECTOR.COM
2. Subject to the express provisions of these terms and conditions:
  1. we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
  2. all the copyright and other intellectual property rights in our website and the material on our website are reserved.
Licence to use our website shipselector.com
1. You may:
  1. view pages from our website in a web browser;
  2. download pages from our website for caching in a web browser;
  3. print pages from our website;
  4. Share provided information though the share functions
  5. use our linked website services by means of a web browser, subject to the other provisions of these terms and conditions.
2. Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3. You may only use our website for your business purposes, and you must not use our website for any other purposes.
4. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
5. Unless you own or control the relevant rights in the material, you must not:
  1. republish material from our website (including republication on another website);
  2. sell, rent or sub-license material from our website;
  3. show any material from our website in public;
  4. exploit material from our website for a commercial purpose; or
  5. redistribute material from our website.
6. Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.
7. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
Acceptable use
1. You must not:
  1. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
  2. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  3. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
  5. access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
  6. violate the directives set out in the robots.txt file for our website; or
  7. use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing) without our consent.
2. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
Business use and representation
1. Business-to-Business (B2B) Platform: Our website and services are strictly intended for commercial, corporate, and professional use. Private consumers are not permitted to use our website or services.
2. Use on behalf of organisation: If you use our website or expressly agree to these terms and conditions in the course of a business or organizational project, then by so doing you bind both:
  (a) yourself; and
  (b) the person, company, or other legal entity that operates that business or organizational project,
  and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant legal entity.
Visitors browsing and buyer registration
1. Visitors may browse public vessel listings on our website without registering for an account.
2. To submit an inquiry or contact a seller/broker through our platform, prospective buyers must register for an account and provide valid corporate credentials, including a registered company name, professional email address, and contact details.
3. By registering an account or submitting an inquiry, you explicitly warrant and represent that:
  (a) the inquiry is made strictly on behalf of a registered business or legal entity (no private consumer inquiries are permitted);
  (b) all supplied information—including company name and contact details—is true, accurate, current, and complete; and
  (c) you are at least 18 years of age and authorized to represent the specified business entity.
4. We reserve the right to verify company registration details and to suspend accounts, block users, or filter and delete inquiries that originate from private individuals, contain fake or unverified company details, or breach our acceptable use rules (Section 4).
Seller registration and accounts
1. This Section 7 applies to sellers, brokers and prospective sellers.
2. To be eligible for a seller (or broker) account on our website, you must represent a registered business or legal entity, and all individual representatives managing the account must be at least 18 years of age.
3. You may apply for or register a seller (or broker) account on our website by completing and submitting the account registration form with accurate corporate details.
4. We reserve the right to decline any account registration, restrict account privileges, or edit account details at our sole discretion if the provided business credentials cannot be verified or fail to comply with these terms and conditions.
User login details
1. If you register for an account with our website, you will be asked to choose a user ID and password.
2. Your user ID must not be liable to mislead and must comply with the content rules set out in Section 18; you must not use your account or user ID for or in connection with the impersonation of any person.
3. You must keep your password confidential.
4. You must notify us in writing immediately if you become aware of any disclosure of your password.
5. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
Cancellation and suspension of account
1. We may:
  1. suspend your account;
  2. cancel your account; and/or
  3. edit your account details,
2. You may cancel your account on our website using your account control panel on the website. You will not be entitled to any refund if you cancel your account in accordance with this Section 9.2.
Seller stores
1. If you register with our website as a seller, you will be able to place your offers or services on the website.
2. To publish an offer on our website, you should take the following steps:
  1. Log in to our website with your account credentials
  2. Place your offer under the My Offers section of your account
  3. Fill out all mandatory credentials
3. Offers that are submitted will be automatically published if you activate the offer.
4. Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, unpublish and/or delete any offer that breaches these terms and conditions or that does not meet any additional guidelines for offers published on our website.
5. If we permit the publication of an offer, it will remain published on our website until the seller removes it or if the seller cancels its subscription.
6. It is not allowed to display your contact details in the offer(s), communication between visitor and seller, must be routed through the reply box.
Seller contact details and lead inquiries
1. If you register with our website as a seller and publish offers on the website, prospective buyers can send inquiries regarding your listing directly through the contact mechanisms provided on the website.
2. To let buyers view your contact details on our website, you should clearly fill out all required and non-required fields in your account.
3. Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, unpublish, or delete any seller profile or contact information that breaches these terms and conditions or fails to meet our published operational guidelines.
4. Your contact and business details submitted to our website must be true, fair, complete, and accurate in all respects.
5. Sellers are prohibited from displaying direct personal or company contact details inside public vessel listing titles or descriptions (see Clause 10.6).
Offer rules
1. The only offers that may be the subject of a listing on our website are products falling within the categories as specified on our website.
2. You must not use our website to advertise, buy, sell or supply intangible products or downloadable products.
3. You must not advertise, buy, sell or supply through our website any product that:
  1. breaches any law, regulations or code, or infringes any person's intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;
  2. consists of or contains material that would, if published on our website by you, contravene the provisions of Section 4 or Section 18; or
  3. is or relates to: drugs, narcotics, steroids or controlled substances; pornography; obscene, indecent or sexually explicit materials; knives, swords, firearms or other weapons; ammunition for any weapon; items that encourage or facilitate criminal acts or civil wrongs; or items that encourage or facilitate the infringement of any intellectual property right.
4. The offered vessel or design must be your property or the property of the business you represent.
The buying and selling process
1. ShipSelector.com does not provide an active role in the buying and selling process. The goal of the website is to bring buyers and sellers together. The actual buying and selling process will not be handled by ShipSelector.com. By submitting your offer to our website you must agree to these terms:
  1. When removing an offer, you have to point out if the vessel was sold or charted with the help of ShipSelector.com. In not, you have to state the reason why you retract your offer.
Services and fees
1. The core listing and inquiry services on ShipSelector.com are currently provided to buyers and sellers free of charge.
2. We reserve the right to modify, introduce fees for, or charge subscriptions or lead-based fees for certain features or services on the website at any time.
3. Any future introduction of fees or paid services will be notified to registered users in advance.
4. Such changes will not apply retroactively and will require acceptance of updated terms or fee schedules prior to incurring any charge.
Payments and account adjustments
1. In the event that you opt for any paid services (like Premium Offers, Advertisement Banners, etc.), all applicable fees must be paid in advance or in accordance with the specific payment terms communicated at the time of purchase.
2. If you owe any amount to us under these terms and conditions, we reserve the right to suspend or terminate your account and restrict access to our services until outstanding balances are resolved.
Our role
1. You acknowledge that:
  1. we do not confirm the identity of website users, check their credit worthiness or bona fides, or otherwise vet them;
  2. we do not check, audit or monitor the information contained in offers;
  3. we are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a marketplace for buyers and sellers;
  4. we are not the agents for any buyer or seller,
2. The provisions of this Section 16 are subject to Section 21.1.
Your content: licence
1. In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
2. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media;
3. You grant to us the right to sub-license the rights licensed under Section 17.2.
4. You grant to us the right to bring an action for infringement of the rights licensed under Section 17.2.
5. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
6. You may edit your content to the extent permitted using the editing functionality made available on our website.
7. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
Your content: rules
1. You warrant and represent that your content will comply with these terms and conditions.
2. Your content must not be illegal or unlawful, must not infringe any person's or company's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
3. Your content, and the use of your content by us in accordance with these terms and conditions, must not:
  1. be libellous or maliciously false;
  2. be obscene or indecent;
  3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
  4. infringe any right of confidence, right of privacy or right under data protection legislation;
  5. constitute negligent advice or contain any negligent statement;
  6. constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
  7. be in contempt of any court, or in breach of any court order;
  8. be in breach of racial or religious hatred or discrimination legislation;
  9. be blasphemous;
  10. be in breach of official secrets legislation;
  11. be in breach of any contractual obligation owed to any person;
  12. depict violence;
  13. be pornographic, lewd, suggestive or sexually explicit;
  14. be untrue, false, inaccurate or misleading;
  15. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
  16. constitute spam;
  17. be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
  18. cause annoyance, inconvenience or needless anxiety to any person.
4. Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
5. You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
6. You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Report abuse
1. If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
2. You can let us know about any such material or activity by email.
Limited warranties
1. We do not warrant or represent:
  1. the completeness or accuracy of the information published on our website;
  2. that the material on the website is up to date; or
  3. that the website or any service on the website will remain available.
2. We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
3. To the maximum extent permitted by applicable law and subject to Section 21.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
Limitations and exclusions of liability
1. Nothing in these terms and conditions will:
  1. limit or exclude any liability for death or personal injury resulting from negligence;
  2. limit or exclude any liability for fraud or fraudulent misrepresentation;
  3. limit any liabilities in any way that is not permitted under applicable law; or
  4. exclude any liabilities that may not be excluded under applicable law,
2. The limitations and exclusions of liability set out in this Section 21 and elsewhere in these terms and conditions:
  1. are subject to Section 21.1; and
  2. 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.
3. To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
5. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
6. We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 21.6 shall not apply.
7. We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 21.7 shall not apply.
8. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
9. Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of the price of your current subscription.
Indemnity
1. You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.
Breaches of these terms and conditions
1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
  1. send you one or more formal warnings;
  2. temporarily suspend your access to our website;
  3. permanently prohibit you from accessing our website;
  4. block computers using your IP address from accessing our website;
  5. contact any or all of your internet service providers and request that they block your access to our website;
  6. commence legal action against you, whether for breach of contract or otherwise; and/or
  7. suspend or delete your account on our website.
2. Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
Third party websites
1. Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
2. We have no control over third party websites and their contents, and subject to Section 23.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
Trade marks
1. our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
2. The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
Variation
1. We may revise these terms and conditions from time to time.
2. The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions
Assignment
1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
Severability
1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
2. If any unlawful and/or unenforceable provision of these terms and conditions 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.
Third party rights
1. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
2. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
Entire agreement
1. Subject to Section 21.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
Law and jurisdiction
1. These terms and conditions shall be governed by and construed in accordance with Dutch law.
2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the Netherlands.
Statutory and regulatory disclosures
1. We will specify on the website the technical steps you must follow to register an account or manage your listings, as well as the technical means for identifying and correcting input errors prior to submitting information.
2. These terms and conditions are made available in the English language.
3. We are registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under registration number 70635943. Our VAT number is NL003187306B32.
4. The website of the European Commission's Online Dispute Resolution platform is available at https://ec.europa.eu/consumers/odr.
Our details
1. This website is owned and operated by ShipSelector B.V.
2. We are registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under registration number 70635943.
3. Our VAT number is NL003187306B32.
4. Our principal place of business is at Utrecht, Netherlands.
5. You can contact us:
  1. using our website contact form; https://shipselector.com/contact
  2. by email; info@shipselector.com