Terms of Service
Portchain is a service provided by Portchain ApS. In the following, the term "we" refers to Portchain ApS; the term "Portchain" refers to the technical platform driving the Site and Portchain ApS as its legal owner.
By accessing or using this Website (“Site”), you (“User”) agree to be bound to the following Terms (“The Agreement”) in their entirety and without modifications. They govern your access to or use of the Website, any information, text, photos, graphics or other materials (“Content”) and any services or software (“Services”) provided through the Website. You understand that these Terms limit Portchain ApS's liability and obligations to you, grant certain rights and allow Portchain ApS to suspend or terminate your access to and use of the Site, Content and Services. If you do not accept these Terms, you may not use this website.
1. Content and Services provided by Portchain
Portchain provides Services and value-added Content related to shipping and the maritime fields, in particular vessel schedules and vessel planning collaboration, coordination and communication. It gathers information from a variety of internal and external sources to produce its Content and applies advanced extraction logics, automated and manual filtering and editing. Some of these sources are driven by partners and are, hence, beyond the direct control of Portchain. Although striving for the best results with commitment and diligence, Portchain cannot make any representation of the continued availability, accuracy, correctness and quality of Content and information provided by the Site or Services, or their fitness for any particular purpose.
In particular, Services and Content may not be used for navigational purposes.
Portchain ApS grants you a limited, revocable, non-exclusive, non-transferable and non-sublicensable license for beneficial use of the Content accessible on the Site.
2. Submission of Information Portchain
Portchain is a platform that combines external data (such as a vessel schedule) and user-generated data (such as the latest ETA) to increase User value . There are three types of user-generated data that can be submitted to Portchain:
- Internal-only data (e.g., internal team notes, linked to your unique profile)
- Targeted data that may be non-public that can be shared with specific parties (e.g., an updated move count is of interest to the affected parties). This data is governed by access rights, meaning that you as a user have to assign who can get access to the data.
- Public data that can be shared with all Portchain users regardless of location (e.g., vessel dimensions, vessel ETA)
Portchain takes no responsibility and assumes no liability for any data submissions by users, including decisions made based on the submitted data. By submitting content to the Site, you grant Portchain ApS a non-exclusive, perpetual, transferable and irrevocable right to reproduce, distribute, display, publish and create derivative works from it.
Portchain reserves the right to filter, modify, delete Content from the Services at its sole discretion and without notification.
3. Use of the website, prohibited activities
You will safeguard your account information and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Sites and the Services, at any time and for any reason, including, but not limited to, for violation of these Terms. You agree not to do any of the following while using the Site, Content or Services:
- Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes racism, hatred or harm against any individual or group; (vi) infringes or violates another's rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Impersonate or misrepresent your affiliation with any person or entity.
- Send unsolicited email, junk mail, "spam," or chain letters, or promotions or advertisements for products or services;
- Access or search the Site, Content or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Portchain or other generally available third-party web browsers and their plug-ins.
- In particular, accessing, monitoring, copying or processing of Content using any automated mechanisms such as spiders and robots without prior permission is strictly prohibited.
- Bypass or circumvent measures employed to prevent or limit access to this Site and its Content; access, tamper with, or use non-public areas of the Site or its technical infrastructure; attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures; take any action that imposes an unreasonable load on its infrastructure.
- Retrieve information for any vessel or port call that the company you represent does not manage in some capacity (e.g., as the responsible agent or terminal). In particular, you will not add any such vessel or port call to any of your port arrivals dashboards.
4. Payment terms
Portchain is a Paid Service, that is prepaid and non-refundable. The fees will be billed from the date you sign up to Portchain, or at the end of your free trial if a free trial has been agreed. Access and use are governed by the version of these Terms current at the date of purchasing. Portchain may change the fees and charges in effect, or add new fees and charges from time to time, but will give you advance notice of these changes.
Portchain grants you the right to access a Paid Service at one computer at a given time only per purchase if not otherwise agreed. You may not disclose or make available your access credentials to third parties.
Availability of the Paid Service as well as time, research and efforts made in its development are constitutive for the charged fees. Above restrictions apply for the Content (information) presented in the Paid Service.
In no event shall Portchain ApS be held liable for any damages, expenses, injuries of body and life, whether direct or indirect, resulting from or connected with the use or non-use of the Site and its Content, and Services, even in the case that Portchain ApS may have knowledge or been advised of errors in the Content or possibility of such damages, except if Portchain ApS, its legal representatives or its executing assistants caused damages by intent or gross negligence.
6. Intellectual Property Rights
Intellectual property rights (“Intellectual Property Rights”) shall be construed as the unlimited propriety rights and intellectual property rights of any kind whatsoever related to the Service, including but not limited to know-how, user feedback, copyrights (including all software IP, e.g. object codes and source codes), patent rights, data analyses, trademark rights, utility model rights, inventions, product methods and design rights belonging to Portchain ApS.
7. Lack of Guarantee
The contents, services and software of Portchain are provided on an "as is" and "as available" basis with no explicit, or presumed in any way, guarantees concerning the Website’s marketability, non infringement or suitability for a particular purpose.
Portchain offers no guarantee that the pages, services, functions, choices and content of the Website will be provided without interruption or without errors or that mistakes will be corrected. Portchain does not guarantee that the Website or the servers through which they become available to users do not contain viruses or other harmful components, although we make every effort to ensure it.
In no case will the Provider, the persons associated to him or the administrators of Portchain’s Services be liable to you or any other person or entity for any indirect, incidental, special, punitive or consequential damages or loss of profit or revenue caused by the use of the Website.
You agree to defend, indemnify, and hold Portchain ApS, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Content, and Services; (ii) your violation of these Terms or referenced documents; (iii) your violation of any third party right, including without limitation any intellectual property right.
9. Modification of the Terms
We reserve the right to change or modify these Terms at our sole discretion without prior notice. Please return to this page periodically to view the most current version of these Terms. By continuing access and use of the Site, Contents and Services, you agree to be bound to the updated Terms.
In the event that sections or individual terms of this statement are not legal, incorrect or unenforceable, the content or validity of the other parts remain uninfluenced by this fact.
11. Copyright and Trademark Notices
All Contents of this Site is © Portchain ApS if not otherwise stated. All rights reserved.
Portchain ApS is not responsible for content on websites operated by parties other than Portchain ApS. This includes websites that are accessible from Portchain through links. If you believe that Portchain links to websites whose contents is inappropriate, please contact us.
Product and company names mentioned on the Site may be the trademarks of their respective owners. Portchain ApS does not intend to use any copyrighted material without permission. If you believe that materials hosted on Portchain may infringe your copyright, please contact us and let us know.
This Agreement shall be governed by the laws of the Kingdom of Denmark without regard to conflicts of laws principles.
Before resorting to legal proceedings, Portchain and the User shall attempt to settle in good faith by negotiations all disputes or difference which arise between them out of or in connection with this Agreement.
If the dispute between the Parties cannot be resolved by negotiations, either of the Parties shall be entitled to refer the dispute to court of Denmark which shall have jurisdiction to settle any dispute arising out of or in connection with this Agreement. The City Court in Copenhagen, Denmark (in Danish: “Københavns Byret”) is the court of first instance
13. How to contact us
Portchain welcomes your feedback regarding this Terms of Service. If you have questions, comments or concerns about these Terms, please contact us by submitting an email to firstname.lastname@example.org to or postal mail at: Amaliegade 14A, ST, 1256 Copenhagen, Denmark.
You have the right to delete, reform, modify and update your Personal Information. You can at any time deactivate your account by submitting a request to the addresses above. You may contact us at the above address for any other information or objection you may have on data processing.