Terms and Conditions STIP

Version 1.0 – August 2015

About these Terms and Conditions

STIP B.V. (“STIP”), a private company established under the laws of the Netherlands, has build a database and web-based platform, which can be found on seafood-tip.com, (“the Platform”). The Platform provides insight in seafood supply chains and helps suppliers and buyers to find each other, connect, trade and invest in sustainable seafood supply (“the Purpose”).

These Terms and Conditions govern the use of the Platform by its users, such as suppliers, buyers, producers and researchers (“Users”).

1.0 Right to use

1.1  The Platform, including but not limited to the database, texts, website, content and images, is owned by STIP, its licensors and other parties. STIP hereby grants User the non-exclusive, non-transferrable right to use the Platform solely for the Purpose.

1.2 User is not allowed to copy, redistribute, publish, or modify the Platform, including the database, texts, website, content, images and any other material that is part of the  Platform, except with the prior written consent of STIP.

1.3 STIP will not unreasonably withhold the consent as set out in article 2.2, especially not in the event of educational and/or scientific purposes. In any event, STIP will only consent to any publication or distribution of data, modified or not, gathered through the Platform under the condition that User will mention the Platform and STIP as the source and that only aggregated data will be published. In no event will STIP consent to publication about individual companies based on company profiles listed in the Platform.

1.4 The user account and right to use the Platform provided hereunder by STIP is strictly personal, for one person and may not be used by other persons than User without the prior written consent of STIP.

1.5 User shall protect its login details, including its password, and prevent that others can use such information and gain unauthorized access to the Platform. In the event of abuse, suspected abuse, loss or theft of the login details, User will notify STIP immediately and STIP may, at its sole discretion, decide to deactivate the user account in order to protect its interests and Platform.

2.0 User information

2.1 STIP will perform a yearly survey amongst its Users in order to check if the User information listed in the Platform is still up to date, correct and complete. User will be invited to update its contact and company information.

2.2 If User is a supplier, buyer or producer listed in the database that is part of the Platform, User will be responsible for keeping all the details of its organization up to date, such as information regarding contact persons, bankruptcy, mergers and/or divestments.

2.3 User acknowledges that User is solely responsible for all information, data, text and other material, which User uploads, posts, e-mails or otherwise transmits via the Platform.

2.4 User represents and warrants that all information User uploads, posts, e-mails or otherwise transmits via the Platform is accurate, truthful, lawful and does not infringe any rights of third parties. The User warrants that it will not use the Platform to:

A. send any unsolicited mass mailings (“spam”); launch or use any automated means or process, including but not limited to “spiders”, “robots”, “load testers” etc., for sending more communication than a natural person could reasonably produce or to create fake Users accounts;

B. collect or store personal information from other Users other than the information collected during the normal course of using the Platform;

C. threaten or harass any person or entity;

D. gain or attempt to gain unauthorized access to any computer system, server, network or hardware of STIP, other Users or any other third party;

E. in any way that could overload, damage, disable, disrupt or harm the Platform or interfere with any other User’s use of the Platform;

2.5 User hereby grants STIP the irrevocable, royalty free, unlimited right to use the information set out in article 3.2 and article 3.3 for the Purpose.

2.6 STIP shall have the right in its sole discretion to refuse, delete or adjust any information uploaded by User or to refuse or terminate the User’s access to or use of the Platform in the event the User or such information violates these Terms and Conditions.

3.0 Personal data

3.1 Any personal data that STIP acquires will be processed in accordance with the applicable privacy laws and regulations, particularly the Dutch Data Protection Act (Wet bescherming persoonsgegevens).

3.2 STIP will only use personal data to provide the Platform to its Users, pursuant to the STIP [Privacy Statement].

4.0 Fees and invoicing

4.1 In order to get access to the Platform, User will have to pay the applicable fees as set out on the website of STIP or an offer made by STIP. The fee is for a subscription for the term of twelve (12) months (“Term”) for one User to use the Platform upon registration. After successful payment, STIP will activate the User account for the Term.

4.2 Two (2) months prior to expiration of each Term, STIP will inform the User about the upcoming expiration of its subscription. STIP will inform User how to extend its subscription for another year and will provide payment details. A subscription will not be automatically renewed. After successful payment for the extension of the Term, STIP will activate the User account for a new Term.

4.3 Notwithstanding article 5.1, certain customers may opt to purchase multiple subscriptions for Users at once. STIP will send an invoice to the customer for the combined subscriptions and customer will pay the invoice amount within 30 days. STIP will activate the User account(s) after successful payment.

4.4 STIP may adjust its fees annually. Adjustment of the fees shall be made by giving notice to the User in writing or by electronic means (e-mail).

5.0 Limitation of liability

5.1 STIP is not responsible for any errors in or accuracy and availability of the information provided through the Platform. The information provided through the Platform is for informational purposes only and not intended to serve as the sole source of information for User to make a business, trading or investment decision. In the event a User and/or its organization or employer makes a business, trading and/or investment decision based on the information provided through the Platform, this is the sole responsibility of the User and/or its organization or employer.

5.2 STIP is not liable for damages of any kind, whether direct or indirect, arising out or related to the use of the Platform, except to the extent the liability arises from the gross negligence or wilful misconduct of STIP. In no event shall the liability of STIP exceed the fees paid in the twelve months preceding the event causing damages.

6.0 Governing law and jurisdiction

6.1 These Terms and Conditions and the use of the STIP platform are governed by the laws of the Netherlands. Any disputes arising out or related to these Terms and Conditions will be settled before the competent court in the Netherlands.

7.0 Miscellaneous

7.1 STIP may modify these Terms and Conditions from time to time. Amended Terms and Conditions shall be effective upon posting on the Platform or through some other reasonable method. STIP will take reasonable efforts to post notices regarding any changes to the Terms and Conditions. The User should check the Terms and Conditions published on the Platform on a regular basis to ensure that User is aware of all the terms governing the Platform.

7.2 In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or deemed so by the authorized court, such provision will be changed and interpreted so as to best accomplish the objectives of the provision in question to the fullest extent permitted by law. The other provisions of the agreement will remain in force and in full effect.

7.3 At its sole discretion, STIP may decide to terminate its activities, including but not limited to the Platform in whole or in part. In such event, STIP will only be liable for a pro rate refund of any fees paid upfront by User for the use of the Platform.