Terms of Use Website

Terms of Use for the Website of MacAndrews GmbH and companies in the MacAndrews Group

1. GENERAL USE

Use of and access to the MacAndrews website is subject to the terms and conditions below. Unless expressly agreed in writing, MacAndrews does not recognise any conflicting terms or conditions.

2. WEBSITE USE AND ACCESS

By accessing this website and/or any of its subsites (“Website”), you accept that you may only use the Website for the purposes for which it was created, i.e. for accessing general or specific information regarding MacAndrews and/or its services in accordance with MacAndrews’ Terms of Use as displayed on the Website at the time of use.

You are prohibited from using the Website for any purpose other than the purposes for which it was created (“Prohibited Uses”).

Prohibited Uses include, but are not limited to, the following: use of the Website in a way that violates applicable laws and/or the rights (including, without limitation, intellectual property rights) of MacAndrews or others;

  • uploading, transferring and/or disseminating files or information that are capable of damaging or compromising the computer software or hardware of MacAndrews or others;
  • use of screen scraping and/or data scraping technologies – e.g. to create lists of voyage dates, fare information, Internet keywords, URLs and other information – in a way that circumvents technical safeguards (IP blocks and/or CAPTCHA);
  • deployment or attempted deployment of software or other processes that disrupt the proper functioning of the Website or disrupt other activities undertaken in connection with the Website;
  • executing a function on the Website in a way that results in disproportionately or uneconomically high loads being placed on the infrastructure of the Website;
  • disrupting the Website’s connection to the server and/or to network, or disregarding the requirements, processes, recognized principles and protocols of networks to which the Website is connected;
  • disclosing passwords to non-public areas of the Website to unauthorized third parties or using such passwords in an unauthorized manner;
  • use of search engines, software, tools, agents or other automated processes, including, without limitation, browsers, spiders, crawlers, search bots, avatars and intelligent agents, in a way that circumvents technical safeguards (IP blocks and/or CAPTCHA) so as to search and use the website (a) in a manner other than that prescribed by MacAndrews or (b) by means other than commonly available browsers (e.g. Internet Explorer, Firefox, Chrome);
  • attempting to decrypt, disassemble, decompile or reverse engineer software that constitutes the Website or parts of the Website;
  • displaying content from the Website in the form of frames on other websites;
  • collecting or storing personal data pertaining to other users of this Website and/or to employees of MacAndrews;
  • reproducing, copying, on-selling or otherwise commercially exploiting legally protected content from the Website or parts of it without first obtaining MacAndrews’ express permission, especially by trying to circumvent technical safeguards;
  • gaining access to data that are not intended for you personally, scanning or testing the vulnerability of the system or network without express permission, or bypassing authentication levels or breaking security protocols without express permission; and
  • disrupting or in any way impairing the Website’s connection to the client, host or network using means such as, but not limited to, viruses, overloading, flooding, spamming, mail bombing or crashing

In addition to any other rights it may have under applicable laws, MacAndrews reserves the right in its sole discretion to block your access to this Website permanently or temporarily if you engage in any Prohibited Uses.

In addition, MacAndrews may, at its sole discretion,

  • remove from the Website any material relating to Prohibited Uses,
  • take legal action against you in order to recover any and all damages (including reputational damages and legal and administrative costs) incurred as a result of Prohibited Uses engaged in by you,
  • require you, where applicable, to sign a legal undertaking to cease and desist from Prohibited Uses,
  • forward to criminal prosecution and other public authorities any information it deems relevant for the due enforcement of applicable laws, and/or
  • take any other action it deems appropriate to mitigate its losses and to safeguard the Website against Prohibited Uses both now and in the future.


3. COPYRIGHT

All copyright and other intellectual property rights in the design and content of this Website are and will remain the property of MacAndrews. You are permitted to download the website or parts of it only for personal use. Excepted from this are specific instances in which we expressly direct or enable you to make commercial use of the Website (e.g. if we direct you to download specific forms or information). All other commercial uses, including duplication, modification and, in particular, dissemination in return for payment (on-selling), are prohibited.

4. LINKS

Where we refer via links or hyperlinks to other websites or web pages, we assume no liability or responsibility for the privacy policies or the content of those pages. The links are provided solely for information or advertising purposes and in no way give rise to any legally binding obligations on the part of MacAndrews.

5. FORMATION OF CONTRACTS

In so far as MacAndrews enables you to conclude contracts with MacAndrews via the Website, any such contracts concluded are governed exclusively by the relevant terms and conditions of business of MacAndrews. You can access these terms and conditions of business by clicking on a dedicated web link or by requesting them from MacAndrews GmbH, Chilehaus A Fischertwiete 2, 20095 Hamburg, Germany. If MacAndrews transfers data electronically to you, you must immediately check the data for correctness. In the event of transmission errors, MacAndrews has the right to contest the validity of any incorrectly transmitted declarations of legal intent received by you from MacAndrews. MacAndrews constantly scans its data transfers for computer viruses. However, it is not possible to eliminate the risk that software owned or used by you may become infected by these data transfers if you fail to take appropriate countermeasures to protect your systems. Therefore, if you receive and store data which you have requested from MacAndrews, you do so entirely at your own risk. In particular, MacAndrews accepts no liability whatsoever for data in respect of which you have omitted to make back-up copies at regular intervals (at least once daily).

6. NO LIABILITY FOR ERRONEOUS INFORMATION

While the information provided via the Website is accurate and correct to the best of MacAndrews’ knowledge, it may nevertheless contain errors and inaccuracies. The information is provided “AS IS,” and MacAndrews makes no representations and gives no warranties, express or implied, as to its correctness or completeness. MacAndrews therefore accepts no liability for any errors or omissions in the information provided via the Website or for any consequences arising from the use of the information provided via the Website. Arrangements contrary to or inconsistent with this exclusion of liability are valid only if they are expressly agreed in writing between MacAndrews and yourself or if MacAndrews demonstrates a manifest intention to vouch for the correctness of the information.

7. ACCESS TO PASSWORD-PROTECTED PAGES

Access to and use of password-protected areas of this Website is restricted to authorized persons. You are responsible for maintaining password secrecy. Do not share your password with any other person. Change your password regularly to minimize the possibility of unauthorized access to your account.

8. APPLICABLE LAW / PLACE OF JURISDICTION

Your use of the Website is governed by the laws of the Federal Republic of Germany exclusively. If you are a person of business (Kaufmann), then exclusive jurisdiction to hear all disputes between you and MacAndrews arising in relation to or under these Terms of Use or in relation to or under any agreement concluded under these Terms of Use rests with the competent courts of territorial jurisdiction in Hamburg, Germany.