© NGC Innovation Development Team
Welcome to NGC AS General Terms and Conditions of Use! Truly excited to have you aboard. Thank you for choosing to use our services and products.
NGC AS offers a wide range of services, from planning support and strategic planning, training, media management, computer assisted simulation, to shipping, where we offer our users the ability to locate their owned, chartered, leased, or represented vessels worldwide, and to receive relevant information about them such as weather conditions, tides, charts, security issues etc., online or through their mobile or sat/nav. Devices (the “services”).
Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us and to make our services possible and more enjoyable for everyone. NGC AS offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use.
We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact us at firstname.lastname@example.org
These NGC AS Terms and Conditions of Use (“Terms” or “terms”), and such additional terms which specifically apply to some of our services and features as presented on our website(s) (“NGC AS Website”), all set forth the entire terms and conditions applicable to each visitor or user (“User” or “you”) of our Website, and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through NGC AS website, or third-party partners collectively or “Our Services”).
The NGC AS Terms and Conditions of Use constitute a binding and enforceable legal contract between NGC AS and its affiliated companies and subsidiaries worldwide (“NGC AS”, “us” or “we”) and you in relation to the use of any NGC AS services - so please read them carefully.
In order to access and use certain sections and features of our Services, we will provide you with a User Account (“User Account”). If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you (unless as specifically stated otherwise herein), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (also including any representations, warranties, and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
You must provide accurate and complete information for us to create your User Account and permit you to use our Services. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or information (as defined below) submitted to us.
You represent and warrant that:
1. You are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into our Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to our Terms.
2. you are not a resident of (or will use our Services in) a country that the U.S. government or EU government has embargoed for use of our Services, nor are you named on the U.S. Treasury Department’s or EU Treasury Department list of Specially Designated Nationals or any other applicable trade sanctioning regulations.
3. Your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
4. You understand that NGC Innovation AS does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith.
You undertake and agree to:
1. Fully comply with all applicable laws and any other contractual terms which govern your use of the NGC AS Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations.
2. Regularly and independently save and back up any of your User Content and the information that is being processed by you regarding your User Platform.
3. Receive from time to time promotional messages and materials from NGC AS or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time.
4. NGC AS's sole discretion as to the means, manner, and method for performing its services, including those regarding the hosting, transmission, publication and/or display of any information relevant to its services, as well as the inclusion and presentation of any advertisements or other commercial content.
5. NGC AS shall have the right to offer its services in alternative price plans and impose different restrictions as for the upload, storage, download and use of its services in each price plan.
You agree and undertake not to:
1. Copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the NGCAS website, the NGC AS Services (or any part thereof), any Content offered by NGC AS or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without our prior written and specific consent and/or as expressly permitted under the Terms.
2. Submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of NGC AS or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without our prior explicit approval.
3. Publish and/or make any use of the NGC AS services or Licensed Content on any website, media, network or system other than those provided by NGC AS, and/or frame, “deep link”, “page-scrape”, mirror and/or create a browser or border environment around any of our Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by NGC AS, in advance, and in writing.
4. Use any “robot”, “spider” or other automatic devices, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of our services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of our services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through our services.
5. Act in a manner which might be perceived as damaging to NGC AS reputation and goodwill or which may bring NGC AS into disrepute or harm.
6. Impersonate any person or entity or provide false information, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to NGC AS.
7. Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that NGC AS or any third party endorses you, or your company.
8. Disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the NGC AS services, or any other systems or networks connected to the our Services;
9. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the NGC AS services or its systems, or networks connected to its services, or third-party partners’ services, or otherwise interfere with or disrupt the operation of any of NGC AS services.
10. Access to NGC AS services through any means or technology other than our publicly supported interfaces.
11. Sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or NGC AS;
12. Violate, attempt to violate, or otherwise, fail to comply with any of the NGC AS terms or any laws or requirements applicable to your use of the NGC AS services.
13. Access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
NGC AS Intellectual Property
1. All rights, title and interest in and to the NGC AS services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the NGC AS services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to NGC AS.
2. Subject to your full compliance with the terms and timely payment of all applicable Fees, NGC AS hereby grants you, upon creating your User Account and for as long as NGC AS wishes to provide you with its Services, a non-exclusive, non-transferable, non-sub licensable, fully revocable, limited license to use its services and Licensed Content. NGC AS terms do not convey any right or interest in or to NGC AS Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the present terms constitutes an assignment or waiver of NGC AS’s Intellectual Property rights under any law.
Feedback and Suggestions
If you provide us with any suggestions, comments or other feedback relating to the our services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by us. By providing such Feedback to us, you acknowledge and agree that it may be used by us in order to:
(i) Further develop, customize and improve our services.
(ii) Provide ongoing assistance and technical support.
(iii) Contact you with general or personalized NGC AS-related notices and/or interview requests based on your feedback or otherwise.
(iv) Facilitate, sponsor and offer certain promotions, and monitor performance.
(v) To create aggregated statistical data and other aggregated and/or inferred information, which we may use to provide and improve our services.
(vi) To enhance NGC Innovation AS data security and fraud prevention capabilities.
(vii) To comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to NGC AS any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
Misconduct and Abuse
When using NGC AS services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against NGC AS with respect thereto.
If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the NGC AS services, please immediately report such User and/or Third Party Service to us via our Help Center. You agree that your report shall not impose any responsibility or liability upon NGC AS and that NGC AS may consider such a report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.
NGC AS acts as an average partner who accepts the interpretation of the Digital Millennium Copyright Act ("DMCA"). If you believe your work has been copied or otherwise used in a manner that constitutes a copyright infringement, you may notify us of such an infringement through our Help Center and provide the following information in writing: (1) contact details of the person authorized to act on behalf of the copyright owner; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit NGC Innovation AS to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
Our Help Center can be reached at the following address: NGC AS 2 Kanalsletta Str, Sola, 4033 Stavanger Norway, Attn: Help Center, Telephone Number: +4745833904, E-mail: email@example.com
In the event that NGC AS receives notice regarding a copyright infringement related to your User Platform or User Website, it may cancel your User Account, take your User Platform down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section 9 may be deemed accepted, applicable, and compliant with the DMCA, or not, at NGC AS’s sole reasonable discretion. NGC AS reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.
Disclaimer of Warranties
We provide the NGC AS services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law.
We specifically do not represent or warrant that the NGC AS services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations.
Moreover, we do not endorse any entity, product, or service (including any Third Party Services) mentioned on or made available via the NGC AS services – so please be sure to verify those before using or otherwise engaging them.
NGC AS may, at its sole discretion (however it shall have no obligation to do so), screen, monitor, and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may NGC AS be considered as a “publisher” of any User Content, does not in any way endorse any User Content and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the NGC AS services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content.
Furthermore, NGC AS shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement, and/or any other unlawful and/or infringing User Content you or any other party may encounter.
You acknowledge that there are risks in using the NGC AS services and/or connecting and/or dealing with any Third Party Services through or in connection with NGC AS services and that NGC AS cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
NGC AS does not recommend the use of the NGC AS services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
Please note that certain NGC AS services may be currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain NGC AS services may still contain software bugs, suffer disruptions, and not operate as intended or designated. Your use of the NGC AS services at this BETA stage signifies your agreement to participate in such NGC AS services’ BETA testing.
Limitation of Liability
To the fullest extent permitted by law in each applicable jurisdiction, NGC AS, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the NGC AS services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the NGC AS services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the NGC AS services; (6) events beyond the reasonable control of NGC AS, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of NGC AS services.
You acknowledge and agree that these limitations of liability are agreed on allocations of risk constituting in part the consideration for NGC AS services to you, and such limitations will apply even if NGC AS has been advised of the possibility of such liabilities.
You agree to defend, indemnify and hold harmless NGC AS, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms and Conditions of Use or any other NGC AS Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the NGC AS services, including, without limitation, NGC AS services’ actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.
Changes & Updates
We reserve the right to change, suspend or terminate any of our Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of our services (including removal of any materials created by you in connection with our services) for any reason and/or change any of the Terms with or without prior notice - at any time and in any manner.You agree that NGC AS will not be liable to you or to any third party for any modification, suspension or discontinuance of those NGC AS services.
If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current NGC AS services without enabling such changes, or provide you with alternative Services.
Governing Law & Jurisdiction - Class Action Waiver
The NGC AS Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the NGC AS Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Norway, without respect to its conflict of laws principles.
Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Norway. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Subject to any applicable law, all disputes between you and NGC AS shall only be resolved on an individual basis and you shall not have the right to bring any claim against NGC AS as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
Notwithstanding anything to the contrary in this Section, if you are located in the United States of America, (i) the legal jurisdiction governing all aspects of the payment transaction contemplated by Payments Terms & Conditions between you and NGC AS will be the State of New York, without respect to its conflict of laws principles, and (ii) any and all claims and disputes related to such payment transaction contemplated by Payments Terms & Conditions shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in New York, New York.
We may provide you with notices in any of the following methods: (1) via the NGC AS services, including by a banner or pop-up within the NGC AS Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. NGC AS notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods unless otherwise indicated in the notice.
The NGC AS Terms, and your use of the NGC AS services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between NGC AS and you.
NGC AS may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the NGC AS services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of NGC AS. Any attempted or actual assignment thereof without NGC AS prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this shall not in itself grant either NGC AS or you the right to cancel any NGC AS services or Third Party Services then in effect.
Severability & Waivers
If any provision of the NGC AS Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the NGC AS Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
Customer Service Contact
To get in touch with our Customer Service - please use the options listed below:
1. Go to NGC Innovation AS website/Contact
2. Send an email message to firstname.lastname@example.org
3. Call +4745833904
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