General Terms and Conditions
Dear Vatosline user,
If you would like to make use of our paid services on our website www.vatosline.com. Please read our General Terms and Conditions (referred to as GTC below) carefully. By concluding a contract, you are accepting these GTCs and declare that you agree with their validity.
1. Scope of validity
1.1 The Vatosline website offers the following: www.vatosline.com both information (also referred to as "content") that can be used free of charge and information that is subject to charges and may only be used on payment of a fee. These GTCs only apply to the utilisation of the content that Vatosline makes available to its customers against payment. The Vatosline disclaimer / conditions of use, which may be taken from our website, apply to the use of the free content.
1.2 Where contractual conditions other than these GTCs apply to a paid service offered on www.vatosline.com, this will be separately pointed out to you.
2. Vatosline services
2.1 General rules for all paid services
2.1.1 Vatosline paid services are offered by Vatosline on a monthly subscription basis. During the validity period of the subscription contract, Vatosline grants customers access to the paid content ordered by them.
2.1.2 Vatosline is only obliged to perform services, i.e. to grant access to the paid content, once the customer has paid the required fee.
2.1.3 Vatosline is furthermore entitled to contract out some or all of the services to be performed to third parties.
2.1.4 Vatosline reserves the right to amend, restrict or terminate its offer before the contract has been concluded, or alternatively to charge for content that was previously made available free of charge.
2.1.5 Once a contract has been concluded, Vatosline will be authorised to make major changes and especially to limit the content to be delivered, as well as to discontinue all or a part of the service provided, but only if it becomes considerably more difficult to provide the contractual services or if there is a serious reason for such a change. This will particularly be the case when Vatosline obtains its content from third parties that no longer make this content available to Vatosline. In this case Vatosline will be entitled to adapt the content ordered by the customer to the changed circumstances and will inform the customer about this by e-mail. Where the content ordered by the customer considerably deviates from the content delivered at this stage, the customer will be entitled to initiate an extraordinary termination of the contract within 1 week after receiving notice of such changes. Any advance payments made by the customer in respect of the period following the termination of the contract will be reimbursed.
2.2 Offer of additional information in international container shipping.
2.2.1 Vatosline makes information available for downloading to customers of our website www.vatosline.com on a daily basis, within the scope chosen by the customers. There may be a period of 48 hours between the time when additional information from the ship-owner is forwarded to Vatosline and its verification and publication.
a. the customer will only use the information for his own commercial purposes.
b. the customer will not forward the information to third parties and will not grant third parties access to such information, especially where such third parties are commercially active.
3. Utilisation scope of content
3.1 The customer is only entitled to use the content made available by Vatosline for his own purposes. In particular, he is not entitled without the explicit written permission of Vatosline to forward the content or part thereof to third parties, to provide third parties with access to the content - either free of charge or against payment of a fee - or to sell its content to third parties.
3.2 The above will not apply if and in as far as the customer has been explicitly permitted to make use of this content for commercial purposes in accordance with these GTCs. Within this scope, the customer is entitled also to make use of the content for commercial purposes. Without the explicit written permission of Vatosline, however, he may not sell on such content to third parties or make access to such content available or possible to third parties, either free of charge or against payment of a fee.
3.3 All content and services offered by Vatosline to which customers are granted access are subject to industrial property rights (especially copyright, trademark rights, patent rights or other rights) and other laws and may only be used in the form and manner approved by Vatosline. Copyright will remain vested in the various industrial property rights holders. Any copying, publication or use of the content made available in other electronic or printed publications, even partially, is not permitted without the explicit written permission of Vatosline. Customers are also not authorised to change or remove any copyright statements, trademark references or other information that forms part of the content. Any automated download of the content made available by Vatosline or parts thereof in any form is not permitted without the explicit written permission of Vatosline.
3.4 Where the customer violates the user rights granted to him or where there are suspicions that the content made available has been misused, Vatosline will be entitled to block the customer's access to the content without prior notice. In such a case, Vatosline will furthermore be entitled to terminate the contract without notice, notwithstanding the payment obligation of the customer, i.e. payments already received will not be reimbursed. In addition, in the events described above, Vatosline will be entitled to claim damages if the necessary legal conditions are met. Within the scope of these claims for damages, the customer is obliged to indemnify Vatosline from such claims instituted against Vatosline by third parties as a result of the unauthorised use of the content. In particular, the customer must pay the Vatosline fees that may become due as a result of such use by third parties. The above will not apply if Vatosline has been grossly negligent or has intentionally not recognised that an unauthorised third party is making use of such access.
4. Obligations of the customer
4.1 The customer guarantees that all information entered when registering with Vatosline, such as his name, address, etc., is accurate and complete. The customer also acknowledges that he is 18 years old and legally competent. The customer undertakes to inform Vatosline of his personal settings in the event of changes to his user data.
4.2 The customer undertakes to keep the user name and password for access to the paid services, i.e. both the user name and the password for access to Vatosline, confidential and especially not to forward it to third parties or to grant third parties access to them. Vatosline must be informed without delay of any abuse or loss of such information or about any corresponding suspicion.
4.3 The customer also undertakes not to use the Vatosline website, the content made available to him or the system used by Vatosline in any illegal manner. This particularly includes the following duties:
- the customer ensures that the data entered by him will not violate laws governing the protection of young people, the personal rights of third parties or any property rights, especially the copyright held by third parties,
- the customer undertakes not to place any excessive load on Vatosline by disseminating data in an untargeted or improper way,
- the customer will ensure that any scripts and programs used by him are not infected with errors and viruses that could interrupt the rendering of services by Vatosline,
- the customer undertakes to keep the user name and password allocated to him confidential. In the event of any abuse or loss of such information or any corresponding suspicion, Vatosline must be informed of this without delay at (firstname.lastname@example.org),
- the customer undertakes not to use the system on publicly accessible computers.
4.4 Where the customer has violated the abovementioned obligations or where there is a suspicion of misuse of the registration, Vatosline will be entitled to block the customer's access to this free content without prior notice. Furthermore, Vatosline will be entitled to the rights mentioned in Clause 3.4 in such an event.
5. Compiling the contract
5.1 Where the customer requests the paid content via a special online form made available for the product in question, Vatosline will send him an e-mail in confirmation of receipt of the information contained in his order. Irrespective of this confirmation of receipt, the contract regarding the content ordered and paid for will be fulfilled when Vatosline grants the customer access to the corresponding content or delivers the corresponding content to the customer and informs the customer accordingly.
5.2 The contract will only be fulfilled, however, when the customer has provided accurate and full information to both Vatosline and the system used by Vatosline and has accepted the General Terms and Conditions of the system used.
6. Prices / due dates
6.1 All prices published on the website are subject to change. Details about the fees for the various services are set out in the corresponding service descriptions. The prices only become binding once the customer has been granted access to the corresponding content or once the content has been delivered.
6.2 The fee for a monthly subscription to a paid service will initially become due once the customer has been given access to the corresponding content or once the content has been delivered by Vatosline. The fee is otherwise payable in advance on a monthly basis. Paid content can only be booked for a full calendar month, i.e. the fee covers the provision of the services for a full calendar month. Where the customer has been granted access to the corresponding content or has received the corresponding content from Vatosline within one calendar month, the full fee for that month will be charged.
6.3 Depending on the payment method chosen by the contract partner when completing the online form, Vatosline will debit the customer's account with the monthly fee at the beginning of each month, for example by direct debit or by charging it to his credit card account. When completing the online form, the customer authorises Vatosline to debit his bank or credit card account with the amount due, which in the case of foreign accounts may include a flat fee to cover banking costs. The customer must ensure that the account he has specified contains the necessary funds. Any additional costs that may be incurred, such as return debit notes or reminder charges, will be for the customer's account.
6.4 Where customer payments are cancelled or revoked by customers or do not become effective for other reasons for which the customer can be held responsible, Vatosline will be entitled to block the customer's access to the corresponding content or to discontinue delivery of the corresponding content until payment of the outstanding amount has been received. Vatosline may make the provision of services dependent on the receipt of payment.
6.5 Invoices will be sent to the customer by e-mail on a monthly basis, at the address given by him on the online form or as communicated by him. All prices will exclude VAT at the legally specified rate.
6.6 The customer may only offset undisputed or legally validated claims against any amounts owing to Vatosline. He will only have a right of retention in respect of individual, concrete contractual relationships incorporating these GTCs.
7. Payment system, price changes
7.1 Invoicing of the paid content will either be done by Vatosline itself or by an invoicing company commissioned by Vatosline. Vatosline is entitled to contract out the collection and invoicing of fees to third parties. In this respect, Vatosline will guarantee adherence to data security regulations. Vatosline also reserves the right to expand or amend its payment options.
7.2 When downloading paid content, the customer will the authenticated either by Vatosline or by the contracted invoicing company and his access to the paid content will be placed on record. Where an invoicing system is used, this will be based on the utilisation of paid content on behalf and for the account of Vatosline. The customer will not enter into a contract with the invoicing company. Such companies therefore also do not offer any guarantees regarding the content made available. The only contractual relations will be between the customer and Vatosline.
7.3 Vatosline will present the customer with a digital invoice for each payment process, in accordance with the prices advertised by Vatosline. Where a customer has questions about the invoicing system, he may contact Vatosline by telephone or e-mail during normal working hours (Monday to Friday).
7.4 Vatosline and the invoicing company used by Vatosline reserve the right to adapt prices and fees to changing circumstances. This will be particularly relevant in the event of an increase in staff or material costs, when technical circumstances change or when the fees payable to third parties for providing the service increase. The customer will be notified about fee or price changes by letter or e-mail at least 6 weeks in advance. The customer will have the right to contest the fee or price changes by exercising his right to terminate the contract in terms of Clause 8 of these GTCs, failing which the fee or price changes will be deemed to have been approved by the customer. The customer's right to contest such changes will be explicitly pointed out to him in the notice about the fee or price changes.
8. Contract period and termination
The contract period or the period during which the content may be used will be a minimum of 5 months when a contract is initially concluded. The contract period always starts on the day on which the customer is given access to the corresponding content or the corresponding content has been delivered by Vatosline. The contract may be terminated by both parties at the end of each calendar month, once a period of five months from the date of conclusion of the contract have expired. Notice of termination should either be sent in writing to: Vatosline UG (limited liability), Hafenstraße 34 / 22880 Wedel, or by e-mail to:> email@example.com The notice of termination must state the user name and the e-mail address registered with Vatosline, as well as the service to be discontinued. Vatosline may send notice of termination, either by letter or by e-mail, to the addresses specified by the customer as his current contact data. Vatosline reserves the right to terminate the contract without notice for an important reason under extraordinary circumstances. Once a service has been terminated, the other services booked with Vatosline will be maintained until they are terminated in turn.
9.1 Vatosline hereby explicitly points out to the customer that it obtains data and information from third parties. Vatosline is unable to check all the information and data provided by third parties. These data have been researched with the greatest possible care. In addition, Vatosline chooses its information and data suppliers carefully and institutes control measures where possible. These control measures can only be carried out at random, due to the vast amount of information and data provided and the constant updates. Vatosline can therefore not guarantee that all data, service links and other information received from third parties are accurate, complete and up to date.
9.2 Where and in as far as Vatosline provides the customer with information, the shipping companies, third-party title holders and Vatosline cannot be held liable for any damages or losses arising from the utilisation of the information provided.
9.3 In addition, Vatosline explicitly points out to the customer that the content made available is only provided for information purposes and is non-binding. Vatosline does not offer any consulting services, recommendations or offers to purchase the information thus provided. It is hereby pointed out that, in the container shipping industry, supplements are always associated with risks that require the consulting services of a professional adviser. A total loss of the capital invested cannot be excluded. The content made available is not intended as a substitute for technical consulting services, custom-made for the personal and financial circumstances of the customer.
9.4 In principle, the customer will have access to Vatosline services at any time. However, Vatosline reserves the right to limit accessibility or temporarily to interrupt its services, especially for technical reasons (repair and maintenance). Although Vatosline will evidently endeavour to make the content available on a permanent basis, no guarantee of constant accessibility can be given. This particularly applies to services contracted from third parties, such as the provision of data and information. In addition, the quality of access to the internet and internet data traffic depend on downstream data lines, over which Vatosline has no influence and for which it can thus not provide any guarantees. In particular, Vatosline cannot be held liable for a reduction in the quality of access to the internet and data traffic on the internet as a result of force majeure or events for which Vatosline cannot be held responsible and which render the provision of services by Vatosline considerably more difficult or impossible.
10.1 Where the incomplete, wrong or delayed delivery of the services ordered by the customer can be blamed on Vatosline, its institutions, staff, agents or companies within the same group as Vatosline, as well as their assistants, Vatosline will only be liable in the event of malicious intent or gross negligence. Vatosline excludes any liability in the event of slight negligence. Liability for indirect or consequential damages is hereby excluded in the event of slight negligence. The abovementioned disclaimers and liability limitations do not apply in the event of a violation of fundamental contractual obligations, loss of life or health, bodily injury and loss of guaranteed characteristics.
10.2 Where Vatosline has fulfilled its duties regarding control and selection of the data and information provided by third parties, as set out in Clause 10.1, Vatosline cannot be held liable for any damages suffered by the customer with regard to incorrect, incomplete or outdated information.
10.3 Where the customer is a company owner or a legal person in terms of public law, Vatosline will only be liable for predictable and typical damage in addition to the liability limitations mentioned in this clause, but not in excess of an amount of € 300.00 per event.
11. Fault reports / complaints
In the event of any quality flaws, fault reports or other complaints, the customer may send an e-mail to firstname.lastname@example.org.
12. Data security
12.1 Vatosline or the contracted invoicing company will only store all customer data relevant for invoicing, such as name, address and bank details, to determine and invoice the content received by the customer. In addition, the data specified by the customer will only be used by the customer if the latter has permitted such use. The customer may view and edit the data saved by Vatosline at any time. The following person may be contacted in this regard > email@example.com. Customer data will not be passed on to third parties, unless Vatosline has commissioned a third party to invoice its services or collects data on behalf of a third party, or where the customer has given his permission to forward such data. In as far as the customer's permission extends to the utilisation of data not required for the fulfilment of the contract, such permission can be revoked by the customer at any time.
12.2 Vatosline adheres to data security regulations and vouches for the fact that all persons entrusted with the execution of this contract will also adhere to these regulations. Vatosline should like to point out that, given the structure of the internet, it is possible that data security regulations may not be adhered to by other persons or institutions that do not fall within the sphere of responsibility of Vatosline. In particular, data forwarded in unencoded form, even by e-mail, could be read by third persons. Vatosline has no technical influence on this process. It is the customer's responsibility to protect the data made available to him against misuse by encoding them or by any other means.
13. Amendment of the General Terms and Conditions
The GTCs valid at the time of conclusion of the contract will apply. Vatosline reserves the right to amend these General Terms and Conditions. Vatosline undertakes to inform the customer about such changes by e-mail at least 6 weeks in advance. The customer has the right to contest contractual changes by exercising his right of termination in terms of Clause 8 of these GTCs, failing which, such changes will be deemed to have been approved by the customer.
14.1 The place of fulfilment and jurisdiction for all disputes arising from this contract will be Hamburg, to the extent that this is legally permitted. Only German law will apply, irrespective of whether the content provided by Vatosline has been obtained within the country or from abroad.
14.2 Vatosline will be entitled to transfer some or all rights and obligations arising from this contract to other associated companies.
14.3 Where one of the clauses of these GTCs becomes invalid, the other clauses will not be affected. The invalid clause will be deemed to have been replaced by one that most closely approximates the economic intent and purpose of the invalid clause in a legally valid manner. The same applies to any potential loopholes in the regulations.
Further information about representative powers and Vatosline's legal address will be found in the Vatosline Imprint .