Definitions
1. In these conditions, hereinafter referred to as: “Conditions of Use”, the following expressions have the meanings stated:
– “Database”: the database referred to in article 1 paragraph 1 opening words and under a of the Dutch Databases (Legal Protection) Act, of which TankTerminals.com is the producer and in which TankTerminals.com has stored information regarding independent commercial tank storage facilities all over the world. These data are accessible to the Subscriber by electronic or other means to be agreed with TankTerminals.com;
– “Fee”: the amount on the payment of which TankTerminals.com grants the Subscriber access to the Database;
– “Software”: the software package developed by TankTerminals.com and made available to the Subscriber for a Fee.
– “Subscriber”: the party with which TankTerminals.com has entered into an agreement under which TankTerminals.com grants the Subscriber access to the Database;
– “Subscription”: the agreement between TankTerminals.com and the Subscriber under which TankTerminals.com grants the Subscriber access to the Database;
– “TankTerminals.com”: the private company with limited liability under Dutch law PortStorage Group B.V., with corporate seat in Breda, (inter alia) trading under the name of TankTerminals.com, listed in the Commercial Register of the Chamber of Commerce of Breda under file number 24401575;
– “Website”: the website to be consulted through the domain www.tankterminals.com, on which the Subscriber logs in on the Database by means of a user name assigned by TankTerminals.com.
Applicability
2.1 The Conditions of Use, unless explicitly agreed otherwise, apply to all agreements between TankTerminals.com and the Subscriber and to any offer by TankTerminals.com to enter into such an agreement.
2.2 TankTerminals.com is entitled to amend the Conditions of Use, also during the term of a Subscription. The current Conditions of Use can be consulted through the Website and are sent on request to the Subscriber free of charge.
2.3 Also after the expiry of the Subscription or other agreements between TankTerminals.com and the Subscriber, these Conditions of Use continue to apply as long as this is required in view of TankTerminals.com’s lawful interests.
2.4 Unless explicitly agreed otherwise, TankTerminals.com does not assume the applicability of other conditions than the Conditions of Use.
Database
3.1 All rights of intellectual property regarding the Database, prints, or other representations vested in the Database’s contents, are vested in TankTerminals.com.
3.2 Although TankTerminals.com aims to keep the contents of the Database and the information retrieved by a search tool as accurate and complete as possible, TankTerminals.com does not offer any guarantees in this respect to the Subscriber.
3.3 The Subscriber uses the Database at his own risk and account and must verify himself if the information retrieved from the Database is correct and complete.
Subscription
4.1 A Subscription is effected and comes into force as soon as the other party has expressed its will to get a Subscription electronically or in writing and TankTerminals.com has confirmed the conclusion of the Subscription electronically or in writing.
4.2 TankTerminals.com applies different types of Subscriptions, which are specified on its Website. All Subscriptions fall into the following two categories:
a.) A Subscription at which the Subscriber, at a Fee payable in advance, has access to the Database, the extent of which is determined by TankTerminals.com and during a period of time set by TankTerminals.com;
b.) A Subscription at which the Subscriber retrieves information from the database against the submission of credit points. Credit points will be charged in accordance with the amount of information requested from the database against a number of credit points per type of information as published on the website of TankTerminals.com. After completion of the search-session, the actually used number of credit points will be determined and charged to the Subscriber at a Fee per credit point as published on the website of TankTerminals.com.
4.3 Unless TankTerminals.com and the Subscriber explicitly agree otherwise, the Subscription referred to in article 4.2 opening words and under a of these Conditions of Use continues by way of law always after the period of time agreed has lapsed for a period of the same duration, until one party cancels the Subscription electronically or in writing to the other party, subject to at least 3 month’s notice, taking effect from the end of the period of time agreed. Early termination of the Subscription is not allowed.
4.4 Unless TankTerminals.com and the Subscriber explicitly agree otherwise, the Subscription referred to in article 4.2 opening words and under b of these Conditions of Use ends by way of law as soon as the credit points have decreased to zero points.
Fee
5.1 TankTerminals.com only grants the Subscriber access to the Database as soon as the Subscriber has settled, or has authorised to settle, the Fee to TankTerminals.com.
5.2 If TankTerminals.com and the Subscriber agree to renew a terminated Subscription or if an existing Subscription is continued, the Subscriber has to pay in advance the Fee that applies at that time for that type of Subscription, as published on the Website.
5.3 The Subscriber authorises TankTerminals.com to charge the Fee due by the Subscriber in the case as referred to in article 5.2 of these Conditions of Use to his credit card or the other electronic means of payment which the Subscriber used when he first got the Subscription.
5.4 TankTerminals.com is under no circumstances obliged to refund the Fee wholly or partly to the Subscriber.
5.5 The Subscriber is not allowed to set the Fee off against any claim against TankTerminals.com.
Use and Access
6.1 Under the Subscription, TankTerminals.com grants the Subscriber access to the Database for normal, careful and personal use only.
6.2 Except where explicitly allowed by the law or by TankTerminals.com, the Subscriber may not publish anything retrieved from the Database and make it available to others for whatever purpose, and copy or store it in a computerized file. If the Subscriber publicly uses information retrieved from the Database, reference must always be made to TankTerminals.com as the source of this information.
6.3 The Subscriber is not allowed to make available to others or to have used by others the user name and the password that TankTerminals.com has granted him in respect of the secure access to the Database.
6.4 If the user name and/or the password falls into the hands of others than the Subscriber by loss, theft or any other cause, the Subscriber must report this immediately to TankTerminals.com after having discovered it.
6.5 TankTerminals.com immediately denies the Subscriber access to the Database if the Subscriber jeopardizes the normal use of the Database or otherwise acts in violation of the interests of TankTerminals.com and/or other Subscribers, this at TankTerminals.com’s sole discretion.
6.6 For the sake of the user’s convenience, the Subscriber consents to TankTerminals.com using “cookies” from which Subscribers can be recognized in case they visit the Website and/or the Database repeatedly.
6.7 TankTerminals.com does not guarantee that the Subscriber will be able to consult the Database at any time. Due to maintenance, repair or other reasons, TankTerminals.com is entitled to shut down temporarily the access to the Database entirely or partly.
6.8 The Subscriber must obtain a hard- and software and a connection to a cable network with which he can consult the Database.
Partial nullity
7. If a stipulation from these Conditions of Use or any other agreement between TankTerminals.com and the Subscriber appears to be null and void, this does not invalidate the entire agreement. In that case, TankTerminals.com and the Subscriber establish another stipulation to replace the void stipulation. With the new stipulation, they aim to satisfy the intentions of the original agreement as much as possible.
Takeover of rights
8.1 Unless TankTerminals.com has given its explicit and written prior consent thereto, the Subscriber is not allowed to transfer the legal relationship arising for it from the Subscription or any other agreement towards TankTerminals.com to another party.
8.2 TankTerminals.com is allowed to transfer the legal relationship arising for it from the Subscription or any other agreement towards the Subscriber to another party.
Ownership
9.1 The right of ownership to the Software, Database and all intellectual and / or industrial property rights remain with TankTerminals.com at all times.
9.2 All rights of intellectual property, that the TankTerminals.com establishes, develops or uses in the context of the Agreement, including types of advice, working methods, (model) contracts, systems, system designs, computer programs and know how, belong to TankTerminals.com insofar as these are not already belong to third parties.
9.3 It is prohibited to the Subscripber to copy the Software or Database in whole or in part or to copy parts of the Software and/or to create derivative rights. It is also not permitted to use the Software as a model for a new program to be developed that offers more or less the same functionalities.
9.4 The Subscriber may not make the Software public and may not copy and / or otherwise reproduce or modify it, except insofar as this is necessary for the use that is expressly permitted under this Agreement or insofar as TankTerminals.com (as the Licensor) has given his written permission for this.
9.5 A violation of this clause will result in an immediate penalty fine of €300.000,= per violation.
Liability
10.1 TankTerminals.com is not liable for damage, including, but not limited to, damage that has been the result of information stored in the Database which is incorrect, incomplete or inaccessible or rendered as a result of a search, which damage is suffered by the Subscriber because TankTerminals.com fails in the fulfillment of any agreement entered into with the Subscriber or because TankTerminals.com commits an unlawful act towards the Subscriber in connection with the execution of this agreement, unless this damage is the result of intent or gross negligence on TankTerminals.com’s part.
10.2 If any liability of TankTerminals.com towards the Subscriber were to be established, this liability is limited to the amount of the Fee or, in case of a trial subscription, to an amount of € 100,– (one hundred euro).
10.3 Rights of action from the Subscriber on TankTerminals.com, on whatever grounds, including those for damage compensation, are prescribed and/or expire as soon as one year has lapsed after the moment on which the Subscriber has discovered the existence of this legal relationship or reasonably ought to have discovered it.
10.4 TankTerminals.com is never liable for damage of the Subscriber that consists in lost turnover, profit or savings.
Disputes and applicable law
11.1 These Conditions of Use, the Subscription and any other agreement between TankTerminals.com and the Subscriber are governed by and construed in accordance with the laws of the Netherlands.
11.2 All disputes arising from these Conditions of Use, the Subscription or any other agreement between TankTerminals.com and the Subscriber, if no settlement can be reached in this respect, will be submitted to the competent court in Breda.
Date: 11th February 2021
