Privacy Policy

PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP FROM THIS WEBSITE OR USING THE ADMINISTRATION SYSTEM.

This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and The Mission to Seafarers (Licensor, us or we) of 6 Bath Place, 1st Floor, London, England, EC2A 3JE, for the 'Ship Visitor' application and the data supplied with the software (App), any services you connect to via the App and the content we provide to you through it (Services) and the administration system (Admin).

We license use of the App and Admin to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose site (Appstore), located at https://play.google.com/store/apps/details , or https://apps.apple.com/be/app/shipvisitor/id1066805570 you downloaded the App (Appstore Rules). We do not sell the App to you. The App and Admin are owned by the Mission to Seafarers and distributed under licence.

OPERATING SYSTEM REQUIREMENTS THIS APP REQUIRES INTERNET ACCESS, A TYPE OF ANDROID DEVICE (VERSION 5.0 OR LATER) WITH A MINIMUM OF 2.4MB MEMORY OR AN APPLE DEVICE RUNNING IOS 8.0 OR GREATER. THE ADMIN SYSTEM REQUIRES AN INTERNET CONNECTION AND AN INTERNET BROWSER SUCH AS GOOGLE CHROME, SAFARI, OPERA OR FIREFOX.

IMPORTANT NOTICE:

By downloading the App from this website or clicking on the "accept" button below you agree to the terms of this licence which will bind you.
If you do not agree to the terms of this licence, we will not license the app to you and you must stop the downloading process now by clicking on the "cancel" button below. In this case the downloading process will terminate.

You must be 14 to accept these terms and install the App.

You should print a copy of this EULA for future reference.

ACKNOWLEDGEMENTS
1. The terms of this EULA apply to the App and Admin or any of the Services, including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
2. may change these terms at any time by notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App and Services.
3. From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the App and Services until you have downloaded the latest version of the App and accepted any new terms.
4. You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices (Devices) that are controlled, but not owned, by you. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
5. By submitting personal information via the App or Admin, if you are an authorised user of Licensor (as opposed to an authorised user of our licensee) you acknowledge that we will be processing this personal data as a controller. We agree to manage this personal data as applicable in accordance with the requirements of the General Data Protection Regulation (EU) 2018/679 (EU GDPR) and of the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018) and any other applicable legislation on data protection and privacy that may apply.
6. We will take reasonable steps to prevent accidental or unlawful processing of personal data, and prevent loss, damage, corruption or deletion of that personal data. We will ensure that the personnel who access your personal data on our behalf are appropriately trained and aware of their responsibilities when handling personal data. You understand that the nature of the App and Admin means that information will be accessible around the world in jurisdictions that may not offer the same level of protection as in the UK and Europe.
7. By using the App or Admin or any of the Services, you consent to us collecting and using technical information about your Device and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you. You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others.
8. Certain Services will make use of location data sent from your Device. You can turn off this functionality at any time by turning off the location services settings for the App on your Device. If you use these Services, you consent to our and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings via the “Settings” functionality of your Device.
9. The App or Admin or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgment regarding your interaction with any Third-party Sites.
10. Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
GRANT AND SCOPE OF LICENCE
1. In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Devices and the Admin via a browser, subject to these terms, the Privacy Policy and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.
2. You may download or stream a copy of the App onto Android 5.0 mobile devices (and later versions) or IOS 8.0 compatible iPhones and to view, use and display the App for your individual purposes only.
LICENCE RESTRICTIONS
1. Except as expressly set out in this EULA or as permitted by any local law, you agree:
  1. not to copy the App or Services or Admin except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
  2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App, Services or Admin;
  3. not to make alterations to, or modifications of, the whole or any part of the App, Services or Admin, or permit the App, Services or Admin or any part of it to be combined with, or become incorporated in, any other programs;
  4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App, Services or Admin or attempt to do any such things except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential to decompile the App for the purpose of achieving inter-operability of the App, Services or Admin with another software program, and provided that the information obtained by you during such activities:
    1. is used only for the purpose of achieving inter-operability of the App with another software program;
    2. is kept secure;
    3. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
    4. is not used to create any software that is substantially similar to the App;
  5. to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
  6. to include our copyright notice on all entire and partial copies you make of the App on any medium;
  7. not to provide or otherwise make available the App or Services in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
  8. to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
2. together the Licence Restrictions.
ACCEPTABLE USE RESTRICTIONS
1. You must:
  1. not use the App or Admin or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses or harmful data, into the App, any Service or any operating system;
  2. not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by this EULA);
  3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
  4. not use the App or Admin or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  5. not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
2. Together the Acceptable Use Restrictions.
INTELLECTUAL PROPERTY RIGHTS
1. You acknowledge that all intellectual property rights in the App, Services, Admin and the technology anywhere in the world belong to us or our licensors, that rights in the App, and the Services are licensed (not sold) to you, and that you have no rights in, or to, the App, Services, Admin or the technology other than the right to use each of them in accordance with the terms of this EULA.
2. You acknowledge that you have no right to have access to the App, Services or Admin in source-code form.
LIMITED WARRANTY
1. We warrant that the App, Services or Admin will perform correctly in accordance with the description of the App, Services or Admin available from our website (Specification) listed when properly used and on an operating system for which it was designed for a period of 30 days from the date on which the App is downloaded or streamed to the Devices (Warranty Period).
2. If within the Warranty Period you notify us in writing of any defect or fault in the App, Services or Admin as a result of which it fails to perform correctly, we will enable you to download a further copy.
3. The warranty does not apply:
  1. if the defect or fault in the App or Admin or any Service results from you having altered or modified the App;
  2. if the defect or fault in the App or Admin or any Service results from you having used the App in breach of the terms of this EULA; and
  3. if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
4. This warranty is in addition to your legal rights in relation to software that is faulty or not as described.
LIMITATION OF LIABILITY
1. You acknowledge that the App or Admin has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Specification meet your requirements.
2. We are not liable for business losses. If you use the App or any Service for any business or professional purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
3. The App and the Services are provided for general information and professional purposes only. They do not offer advice for which we accept liability or on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or any Service. Although we make reasonable efforts to update the information provided by the App and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
4. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or any Service.
5. Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the sum of £1. This does not apply to the types of loss set out in condition 7.6.
6. Nothing in this EULA shall limit or exclude our liability for:
  1. death or personal injury resulting from our negligence;
  2. fraudulent misrepresentation; and
  3. any other liability that cannot be excluded or limited by English law.
TERMINATION
1. We may terminate this EULA immediately by written notice to you:
  1. if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; and
  2. if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
2. On termination for any reason:
  1. all rights granted to you under this EULA shall cease;
  2. you must immediately cease all activities authorised by this EULA, including your use of the App and any Services;
  3. you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so; and
  4. we may remotely access the Devices and remove the App from all of them and cease providing you with access to the Services.
COMMUNICATION BETWEEN US
1. If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail at info@missiontoseafarers.org or by prepaid post to The Mission to Seafarers, 1st Floor, 6 Bath Place, Rivington Street, London, EC2A 3JE . We will confirm receipt of this by contacting you in writing, normally by e-mail.
EVENTS OUTSIDE OUR CONTROL
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
2. If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
COMPLAINTS
1. Your views are important to us and we take every complaint seriously. We are committed to high standards in everything that we do, but we realise that sometimes things go wrong and it is important that you feel any concerns you have about our activity are dealt with professionally and confidentially. We welcome feedback because it enables us to improve the services we offer and our communication with you. If you wish to make a complaint, please follow the complaints procedure on www.missiontoseafarers.org/contact/make-a-complaint.
OTHER IMPORTANT TERMS
1. We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
2. You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
3. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
4. If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
5. Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
6. Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England will have non-exclusive jurisdiction.

This agreement has been entered into on the date you downloaded the App and/or used the Admin.