Subscriber Terms and Conditions
1. Definitions
Product - Access and use of the Harbour Master user interface (UI). Can include add-on services and products
Harbour Master or HBM refers to the Harbour Master system, including the web/client interface, and the HBM Server
Harbour Master Account or HBM Account refers to harbour in HBM, which is a data entity that can have multiple users.
Harbour Master Server or HBM Server refers to the backend processing system and the database.
Provider is Bukammen Limited, Hong Kong. http://www.bukammen.com
Subscription or Agreement - The contract between the Customer and the Provider for use of the Product. Includes free trials.
Customer or Client - Person or organization with an HBM account and a valid Subscription.
User - A registered user for a harbour, a Harbour Master operator
2. Proper usage
Client shall not reverse decompile, disassemble or otherwise reverse engineer the Product in whole or in part. Client shall not duplicate, transfer, disclose, provide, distribute, sell, lease, republish, sublicense or otherwise make available the Product, or any part or copies thereof, to any third party. Client shall not alter, modify, or make derivative works of the Product without the prior written consent of Bukammen. Client will not remove any copyright, trademark or other proprietary notices. No title to or ownership of the Product is transferred to Client. Title to and ownership of the Product and all applicable rights in patents, copyrights and trade secrets in the Product shall remain in Bukammen. The Product provided hereunder is confidential and/or proprietary to Bukammen and Client shall safeguard the Product accordingly.
Client may not assign any of its rights or delegate any of its obligations hereunder and any attempted assignment shall be null and void. This Agreement sets forth the entire agreement between the parties and supersedes any and all prior proposals, agreements or communications, written or oral, of the parties with respect to the subject matter hereof.
System access
The Subscription specifies the maximum number registered users in the Harbour Account.
Access to the Product is granted on a personal basis. Each user is personally and solely responsible for all actions and transactions made through his account. You are responsible for maintaining the confidentiality of your password, and you should ensure that you exit properly by logging out from your account, at the end of each session.
In case you notice any unauthorized use of your account or any other (real or potential) breach of security, you have to immediately notify HBM support. Bukammen is under no circumstances liable for any loss or damages arising from your failure to comply with this term.
A user may only login once at a time. A second login attempt will fail, even if this is from a different browser on the same machine. Once logged out, the user can immidiately log in from another location/browser.
The Provider may add one extra admin user to the Harbour Account, for system support and maintenance. This extra admin account must not be altered or deleted. The extra account is not counted as a part of the Subscription and will not affect the maximum number of users that can be defined by the Customer.
Access to the Monitor is limited HBM service personnel. The Provider may additionally grant access on an individual basis as needed.
AIS signals
HBM interprets and processes AIS signals. AIS signals sent by the Customer to HBM must be transmitted real time and be actual, non-altered AIS signals.
AIS signals provided by the Customer to Harbour Master are shared with other HBM installations on the server. The Customer grants the Provider the right to process and redistribute the AIS signals as the Provides sees fit, in order to operate and maintain HBM.
Harbour Master may use different AIS sources. This may include public signals and signals streamed by the Customer. The Customer acknowledges and agrees that all AIS Data may be inaccurate or incomplete and are subject to error, delay or change. Reports and other data derived from low-quality AIS signals, will also have low quality. Reliance upon or use of information provided by Harbour Master shall be at Customer's risk.
The Provider may at any time and without prior notice, shutdown AIS signals that are streamed to the HBM server, if the AIS stream is harmful in any way to Harbour Master. Harmful AIS signals includes, but is not limited to: AIS signal overload, manipulated AIS signals, delayed AIS signals. If an AIS stream shutdown causes partial or full loss of AIS signals to a Harbour, it is up to the Harbour to provide an alternative AIS stream for the HBM server which can service the Harbour.
Areas
Vessel visits are reported from user defined areas. The number of areas and the size of different area types are limited by the Subscription.
The area limit check is based on Harbour Master's calculation of the area size, which may or may not reflect the actual size. The calculation uses the area's bounding rectangle (nord-south and east-west).
Harbour areas must be defined in the vicinity of the Harbour's registered latitude and longuitude. Areas must only be defined in connection with the main periphery area.
Harbour master will only display vessels that are inside a defined area. "Outside harbour areas" do not record visits, but they may be defined to extend the vessel view in the harbour's approach. Harbour Master records tracks in all defined areas, also outside harbour areas. The User must not define large outside harbour areas where lots of vessels are available. This may cause a server overload. The User must immediately delete such areas, to avoid damage to the system.
The Provider may direct the Customer to alter or delete an area, if it causes or can cause problems operating HBM or violates applicable laws and rules. The Customer must comply promptly to such request by the Provider.
If an area definition violates the terms and conditions, the Provider may delete the area without prior notice.
Reporting
HBM attempts to build accurate vessel visit records in the user defined area, but does not guarantee this. Many factors can disrupt proper reporting, e.g. incorrect configuration, loss of AIS signals, server downtime or other system faults. A User must review - and if needed edit - the results before they are passed on to the next system.
It may not be possible to correct errors inside HBM, to make the export correct in all cases.
Chart, Vessels and Tracks
HBM shows vessels in the chart and can present additional information about them, including tracks. Most information presented are reported by the vessel itself. This information can be faulty or manipulated. HBM has no control over this.
HBM moves track data to the archive after they have reached a certain age. Normally this is 1 year. This may reduce this if operational issues can occur with a longer period..Archived data may be brought temporariliy back online, on request.
Notifications and Expected vessels
Notifications requires that personal data is registered, including the email address and SMS number. The User must only use contact addresses/numbers that belongs to the User or the Customer.
Delays and lost items
The Customer is responsible for any damage and loss to all parties, including third parties, due to wrong use or misuse of the Notifications. The Provider is not to be held responsible for loss or damage to the Customer or other parties, if Notifications are delayed or lost, or if the Expected Arrivals report is incorrect, e.g. due to delays or lost reports.
Charges and Refunds
Some notifications have a charge associated with them. The notification will fail if the remaining credit does not cover the charge to send the notification. It is the Clients responsibility to maintain the credit level. No refunds are given, but the Provider will recredit the account in cases where the Provider is at fault for the loss of the credit.
External information and links
HBM can provide links to external systems and presents information returned from external systems. HBM is not responsible for the content of these links or the information presented.
Support
All support is done using electronic communication, such as email.
No reselling or 3rd party access
Your Harbour Master subscription or license gives the Customer the right to use the system for own use. Users may be added to the Harbour Account. The added user must be a member of the same organization as the Customer or in other ways involved in the operation of the Product. Reselling or in other way providing HBM access to 3rd parties is not allowed.
3. Publishing data
HBM can make data publicly accessible and ready for publishing, if the publishing module is enabled in the subscription. The Customer agrees to have the information published by keeping the publishing module active. To disable it, the Customer must contact HBM support.
The HBM overview reports are published: Latest arrivals, latest departures, expected vessels and latest violations. If publishing is enabled, HBM provides interfaces to download these reports in HTML format.
The report HTML can be integrated in public web sites. The service is intended for local news papers and community web sites. Commercial and personal web sites may also publish the reports. The reports must only appear in suitable contexts.
The Provider may at any time and without prior notice, block publishing sites or disable the publishing module for the Customer, if the publishing context is unsuitable as the Provides sees it. The Provide will - on request - assist the Customer in blocking sites, which violate the Customer's policy.
myport.link
myport.link is the public sub-system of Harbour Master. It provides live information and services to the community, based on reports generated in HBM for the harbour. The report will contain the area names as the User named it and they appear in the main HBM system.
A User can choose to enable a link to the published reports. The link points to http://www.myport.link. The link will identify the harbour for myport.link and allow the user to look at the published reports for the same harbour using myport.link. The user is not logged into HBM when using myport.link.
4. Privacy Policy
All access to HBM data requires that a user logs in. The connection with HBM uses a secure SSL link.
One HBM installation can service many harbours. Harbour specific data, e.g. reports, users, home vessels, etc. can only be accessed by the harbour users and HBM service personnel. HBM service personnel may include personnel from 3rd party providers. Vessel master data is per harbour. Vessel data collected via AIS or other external sources, is common data and is shared among all harbours. Vessel data can be shared with 3rd party services, which provide added value services to HBM.
The Product uses cookies. You agree to the use cookies in the Product by using HBM.
The Product uses Google Analytics to track User activity.
The Product uses Tawk.to to provide live support. The system tracks user page vists and provides interactive, on-demand support dialog.
The Provider will not sell or in other ways distribute Customer or User email addresses or other personal data to 3rd parties, without consent from the Customer or it is required by law.
5. Subscriptions and Fees
The Product is offered on a subscription basis. The subscription can be per Querter or per Year.
All use is pre-paid. The payment for the next period must be received in full before the end of the previous period, to avoid disruption. Late payment will cause a termination of service.
The Customer can purchase add-ons, which extend the Subscription's limits. The Customer may remove such add-ons at the end of the Subscription period. Removed add-ons will not be included in the next subscription period, if the Customer renews the Subscription. The user must request the add-on removal from HBM support at least 14 days before the Subscription expires.
5.1 Free Trials
For free trials there is no pre-payment, nor any obligation to purchase the Product afterwards.
Free trials are provided to the Customer on as needed basis, as the Provider sees fit. The Provider can cancel a free trial HBM Account at any time, without prior notice to the Customer.
The Provider and Customer are bound by the terms in this document during the free trial period.
6. Cancelling the account
At termination time all harbour data, including but not limited to, users, areas and reports, will be deleted and system resources are freed. The data is not deleted from existing backups.
The account will automatically be terminated when the subscription expires and the Customer has not fully paid the subscription fee for the coming period.
If Client breaches any of its obligations under this Agreement, Bukammen shall have the right, in addition to any and all other remedies it may have hereunder, at law or in equity, in its own discretion (i) to terminate this Agreement immediately upon sending notice to Client; (ii) to claim the reasonable value of unauthorized use of the Product from the Client; and (iii) to be indemnified by the Client against any cost, loss or damage suffered by Bukammen including Bukammens attorneys' fees as a result of the said breach or non-compliance.
7. Disclaimer
THE PRODUCT LICENSED HEREUNDER IS PROVIDED "AS-IS". BUKAMMEN MAKES NO WARRANTIES, REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RESPECT OF THIS AGREEMENT, THE PRODUCT OR DOCUMENTATION PROVIDED HEREUNDER, AND ALL WARRANTIES INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED. CLIENT AGREES THAT BUKAMMEN SHALL NOT BE LIABLE FOR ANY LOSS, CLAIM, OR DAMAGE, TO CLIENT OR ANY THIRD PARTY WHETHER DIRECT OR INDIRECT, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY RELATING TO CLIENT'S USE OR POSSESSION OF OR RELIANCE ON THE PRODUCT INCLUDING WITHOUT LIMITATION ANY INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
If Bukammen is prevented or delayed in the performance of any of its services under this Agreement by force majeure, then Bukammen shall be excused from the performance or the punctual performance, as the case may be, as from the date of such force majeure occurs, for so long as such cause of prevention or delay shall continue. For the purpose of this Agreement, "force majeure" shall be deemed to be any cause affecting the performance of this Agreement arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of Bukammen. Excuse from performance does not extend the duration of the provided Services to the User.
8. Changes to the Terms
The Provider reserves the right to update and change the Terms of Service from time to time without prior notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.