SmartCon terms of use

Overview

Version 5.0, Date: April 2022.

Clause 1 - Applicable Terms

  1. The use of any of the BIMCO SmartCon systems (“SMARTCON”) shall be governed by these Terms of Use or any amendment hereof (“TERMS”). We may from time to time modify these TERMS (see Clause 9.1). Your use of SMARTCON is subject to the current version of the TERMS published on BIMCO’s website.
  2. SMARTCON consist of 8 parts all governed by the TERMS. They are

    1. The SMARTCON contracts (“CONTRACTS”) which is either
      1. Copies of Microsoft Word DOCX-file format versions of BIMCO contracts, contracts approved by BIMCO and other third-party contracts that BIMCO may make available (together the “DOCX FORMS”). 
      2. Copies of online versions of BIMCO contracts, contracts approved by BIMCO and other third-party contracts that BIMCO may make available (together the “ONLINE FORMS”).
    2. The SMARTCON Adobe PDF-file format versions of CONTRACTS the (“OUTPUT”)
    3. The SMARTCON Add-in (”ADDIN”)
    4. The SMARTCON guest users ("GUEST")
    5. The SMARTCON database (“DATABASE”)
    6. The BIMCO Customer Relationship Management database (“CRM”)
    7. The SMARTCON document repository (“REPOSITORY”)
    8. The SMARTCON Storage (“STORAGE”)
  3. By filling out the registration details and by ticking the “I accept the BIMCO SmartCon Terms of Use” checkbox below this document you shall be deemed to have accepted these TERMS including the provisions on choice of law and jurisdiction.
  4. The TERMS refer to the BIMCO Privacy Policy (hereinafter the “POLICY”) which you by ticking “I accept the BIMCO Privacy Policy” shall be deemed to individually have accepted. By accepting the TERMS and POLICY you acknowledge and accept the way we will manage your company and personal data in SMARTCON.
  5. These TERMS and POLICY constitute a binding agreement between you and BIMCO Informatique A/S (hereinafter “BIAS”).

Clause 2 - Authorisation

  1. You are hereby authorised to use SMARTCON only on the basis set out in these TERMS and provided payments, considerations and all other user obligations according to the TERMS are complied with by you at all times.
  2. BIAS grants you a limited, non-exclusive and not transferable license for the sole purpose of using SMARTCON with the personal password provided and maintained by you during the subscription period or the Pay-As-You-Go period.

    1. You are authorised to edit, store and manage copies of CONTRACTS in consideration of payment as specified in Clause 3 and to insert and edit individual text into the CONTRACTS.
    2. You are authorised to use the SmartCon section of the BIMCO website from which you manage your SmartCon account.
    3. You are authorised to install and use the ADDIN on as many computers as you wish.
    4. You are authorised to setup and grant GUEST users access to participate in the editing process of your CONTRACTS to the extent such contracts are to be used by and entered into with you. GUEST users are excluded from A,B and C above and as no-name profiles governed and bound under your acceptance of the TERMS.
  3. The OUTPUT is available in 2 ways, either as final or working copies. You determine whether the OUTPUT is downloaded by you via an Internet Browser or sent to you via a designated or arbitrary email address.
  4. The OUTPUT may only be used for the specific single contracting purpose for which a CONTRACT has been edited by you and may not be reproduced fully or in part for any other purpose (including, but not limited to, for the purpose of using the OUTPUT as a template contract). Furthermore, CONTRACTS may not be used, edited, or copied (in parts or in full) for any purpose after the expiry of the subscription period or Pay-As-You-Go period.

Clause 3 - Payments

  1. You will be charged for the use of the CONTRACT editing functions of SMARTCON in accordance with the latest pricelist published on the BIMCO website. SMARTCON is available in different versions as detailed in the pricelist. The subscription version requires the payment of a yearly subscription fee which is payable on the commencement of the SMARTCON agreement (including the TERMS) and thereafter every year on the anniversary date of the commencement of the subscription. The Pay-As-You-Go version of SMARTCON requires no subscription but a fee for use of SMARTCON for a limited period.
  2. You will be charged for producing final copies of the OUTPUT in accordance with the current price list published on BIMCO’s website. You may create an unlimited number of draft OUTPUT free of charge. 
  3. BIAS may from time to time amend the fees for using SMARTCON or parts thereof, but will notify users at least thirty days’ in advance of any change.
  4. Fees and any taxes charged shall be due and payable according to the price list or individual agreements with your company.
  5. The subscriptions to SMARTCON expires automatically one (1) year from the date of commencement, unless renewed. Use of the Pay-As-You-Go version runs for a limited period in days as set out in the latest price list.

Clause 4 - Data Storage

  1. There are 3 different ways CONTRACTS and OUTPUT are stored in SMARTCON. 
    1. REPOSITORY:
      1. By default, DOCX FORMS and OUTPUT are stored in the REPOSITORY when the OUTPUT is generated. 
      2. By design, ONLINE FORMS can only be stored in the REPOSITORY.
      3. If you decide to change the storage settings and not store DOCX FORMS or OUTPUT in the REPOSITORY, you accept that any such files cannot be restored by BIAS and you also accept that BIAS may be unable to assist in related support questions that arise on files not stored in SMARTCON.
    2. STORAGE: A maximum of 1 GB (GigaByte) storage available for storing CONTRACTS only. This storage and its use depend on your user profile. As a user of “Regular SmartCon” you decide whether you store CONTRACTS on our system using STORAGE.
    3. LOCAL: If you are a user of “Regular SmartCon” you can store your CONTRACTS and OUTPUT locally on your own system at your own responsibility.
  2. No matter what you choose to store in SMARTCON in accordance with the above clause 4.1, your CONTRACTS and OUTPUT will be stored in REPOSITORY or STORAGE at your own risk and BIAS shall not be liable for any direct, indirect or consequential damages whatsoever as a consequence of any loss of data, malfunction or unavailability of any such data stored with BIAS, save where such loss of data has been caused by BIAS’s gross negligence.
  3. Notwithstanding the above BIAS reserves its right to delete any stored data under an account which (i) has not been active (Payments not honoured) for 6 months, or which (ii) contains information that contravenes or violates criminal laws, mandatory provisions or public order, policy or customs.
  4. Subject to the above, BIAS shall act only in accordance with instructions from you in relation to your stored data in the SMARTCON systems, as data responsible. BIAS has taken reasonable necessary technical and organisational safety measures to prevent that data are intentionally or illegally destroyed, lost or deteriorated, to prevent the data being made available to persons other than yourself (or persons authorised by you) and to prevent the data being used inappropriately, abused or otherwise treated in violation of the Danish or EU data protection laws by any unauthorised person. 
  5. Subject to above BIAS shall act in accordance with the PRIVACY POLICY and by accepting the TERMS and PRIVACY POLICY you shall be deemed to have declared to BIAS that the storing of the data with BIAS as requested by you from time to time complies with the provisions in the Danish Data Protection Act or the Regulation (EU) 2016/679 of 27 April 2016 (the GDPR).
  6. After expiry of your subscription or Pay-As-You-Go account.
    1. You may request BIAS to provide copy of all OUTPUT data stored in the REPOSITORY belonging to your account. 
    2. You may request BIAS to delete all CONTRACT and OUTPUT, no matter where it is stored in SMARTCON belonging to your account. Any such action is irreversible.
    3. BIAS reserves the right to delete all CONTRACT and OUTPUT, not matter where stored in SMARTCON belonging to an expired registered account six (6) months after expiry.
  7. We analyse data from SMARTCON to help improve SMARTCON and our understanding of the use of CONTRACTS with the aim of providing you with a better service. All such data will be handled in the strictest confidence and all results from any analysis will be anonymised.

Clause 5 – Personal Data

  1. By accepting the TERMS and POLICY you specifically accept that BIAS will handle the following types of personal data or traces of personal data on your behalf.
  2. You also accept that this data will reside in an environment controlled by BIAS, but not owned by BIAS. Our operational environment comprises a combination of private and public cloud. In both environments we have implemented procedures as described under 4.4
  3. The following types of personal data may be processed by BIAS for the purpose of allowing you to use SMARTCON:

    1. CRM data: name, email, phone number, credit card details and company details.
    2. DATABASE data: name, email, groupings and different kinds of logging information with traces of your database changes and events. email, password, grouping details. Different kinds of logging information of where and when you access and use CONTRACTS and OUTPUT. This include date, time, IP address, filename and client platform (for example, the operating system or the browser)
    3. REPOSITORY and STORAGE data: Temporary storage of CONTRACT and OUTPUT data during processing and depending on your choice CONTRACT and OUTPUT persistent for the duration as described in 4.6.
  4. Based on a combination of use of CONTRACTS and consent to receive marketing information, BIMCO reserve the right to send relevant information and offers to users.

Clause 6 - Warranties, Disclaimers and Limitation of Liability

  1. Except as expressly provided otherwise in a written agreement between you and BIAS, all materials and services in SMARTCON are provided on an “as is” basis without warranty of any kind, whatsoever, either express or implied, including, but not limited to warranties of merchantability or fitness for a particular purpose. Without limiting the foregoing, BIAS makes no warranty that (i) the services and materials will meet your requirements or that (ii) any errors in the software obtained from using SMARTCON will be corrected. Any implied warranties are limited to ninety (90) days after entering into the SMARTCON agreement, including the TERMS.
  2. Technical inaccuracies or typographical errors could occur using SMARTCON. BIAS may make changes to the CONTRACTS and other parts of SMARTCON, including the prices and descriptions of any products listed herein, at any time without notice. 
  3. The use of the services provided by SMARTCON is at your own discretion and risk and with your agreement that you will be exclusively responsible for loss of data stored on, or any other unusual malfunction to your computer (or physical or online storage device) that results from using SMARTCON. No advice or information, whether oral or written, obtained by you from BIAS or through or from SMARTCON creates any warranty not expressly stated in the TERMS.
  4. Termination shall be your only remedy against BIAS for (i) any event where you for any reason are dissatisfied with (a) SMARTCON or BIAS, including any provision of these TERMS or any changes made to them in accordance with this agreement; (b) your ability to access and use SMARTCON parts; or (c) the amount and type of fees incurred by you or (ii) any event of default from BIAS.
  5. BIAS makes no warranty for any minimum operation (up-time) period of SMARTCON. And any interruption of the services of SMARTCON whether due to maintenance, repair or other malfunction shall not entitle you to any refund of part of the subscription or Pay-As-You-Go fee. 
  6. BIAS shall not be liable for any liability for direct, indirect, or consequential damages, including but not limited to loss of profits, loss of business, loss of savings, losses due to breach of data protection obligations, losses caused by interruption of operations and the costs of reproduction or repair of wholly or partially lost data and/or information.

Clause 7 - Force Majeure

  1. BIAS is not liable for any loss incurred due to an interruption of the service or failure to deliver such service caused by incidents beyond BIAS’s reasonable control, including but not limited to thunder storms, fire, floods, strikes and lockouts, network overload, malfunctions in external networks, servers and system breakdowns.

Clause 8 - Copyright

  1. The software and all intellectual property rights in and to the software that comprises SMARTCON is protected by copyright or other intellectual property rights and is owned by BIAS unless otherwise stated and may only be used in accordance with the TERMS.
  2. All CONTRACTS, all BIMCO clauses, indexes, menus and all information, software, images, illustrations, graphics, text, etc., used in SMARTCON are protected by copyright and all intellectual property rights hereto are the property of BIMCO, unless otherwise stated. Any attempt to copy, view, publish or otherwise using or reproduce these materials by you, or anyone else is, unless specifically permitted by the TERMS, prohibited and may violate copyright laws, trademark laws and/or other regulations and statutes.
  3. Microsoft Word and Microsoft Azure are protected by copyright of Microsoft Corp. 
  4. No right, title or interest in any material found in SMARTCON is transferred to you as a result of the authority to use SMARTCON according to the TERMS. BIAS reserves complete title and full intellectual property rights in any content you print from SMARTCON. Except as expressly provided above, you may not copy, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content without obtaining prior written consent of BIAS.
  5. You may not on a temporary or permanent basis without the prior written consent of BIAS rent, lease, sub-license, sell, assign, pledge or otherwise transfer the SMARTCON agreement, including the TERMS.
  6. You are not permitted to reverse engineer, decompile and/or disassemble SMARTCON or otherwise seek to obtain the source code of or to SMARTCON.

Clause 9 - Termination

  1. BIAS may from time to time modify these TERMS, but shall provide your company with at least thirty days’ notice of any change. Either party may terminate a subscription to SMARTCON with thirty days’ prior written notice. If you terminate your subscription to SMARTCON you shall not be entitled to a refund on any remaining proportion of the SMARTCON subscriptions or any Pay-As-You-Go fee if using that version of SMARTCON.
  2. Notwithstanding 9.1 BIAS may terminate and/or suspend, without notice, your subscription to SMARTCON or use of the Pay-As-You-Go version if you fail, at any time, to comply with these TERMS or otherwise are in default with your obligations under this agreement. If BIAS terminates your subscription to SMARTCON in accordance with this Clause 9.2 you shall not be entitled to a refund on any remaining proportion of the subscription fee or any Pay-As-You-Go fee if using that version of SMARTCON.

Clause 10 - Jurisdiction and Applicable Law

  1. These TERMS shall be governed by and construed under the laws of Denmark, without regard to choice of law principles.
  2. Any legal action with respect to any transaction subject to the TERMS must be commenced within one year after the cause of action has arisen. Any disputes relating to these TERMS or otherwise arising as a result of the use of the services on SMARTCON shall be subject to exclusive jurisdiction of the Danish Courts competent as principal jurisdiction for BIAS. By accepting this agreement, you are also accepting to be bound by the Danish courts and to have waived any claim that venue is improper for any reason with these courts.

 

Casper Broustbo
in Copenhagen, DK

Related Information

Training FAQ

Signup

Payments

Refunds

Cancellations and participant changes

Visa application information

Signup

1. What are the steps to sign up for a course at BIMCO?

Check out our upcoming shipping courses

a) Go to www.bimco.org/training to sign up online. Signup is binding.
b) Select your chosen training course by pressing theSign Up button.
c) If you are not already logged in to the BIMCO website, a pop-up will appear.
- If you already have an account on the BIMCO website, choose Already a customer and log in.
- If you do not have an account on the BIMCO website, choose New to BIMCO to create an account.
d) Payments can be made by:
- Bank transfer: A digital invoice will be emailed to you upon completion of the signup process.
- Credit card: We accept American Express, MasterCard, and VISA. A receipt can be downloaded upon completion of the signup process. The invoice will not be emailed to you, but you can download it from My Account > Invoices.
e) Only one invoice will be created regardless of the number of participants.
f) You will receive an email confirming your seat(s) once we receive payment.

2. Do I need to be a BIMCO member to sign up for the course?

No. Both BIMCO members and non-members can sign up and participate in training courses.

3. Can I sign up for a course on behalf of someone else?

Yes. You can sign up for yourself and/or on behalf of colleagues.

4. What is included in the fee for a face-to-face training course?

The course fee for face-to-face masterclasses and seminars includes coffee breaks, lunch, and course materials. Transport or accommodation are not included and should be arranged by the participant directly with the hotel.
This does not apply to the Summer Shipping School and Maritime Law Academy. Please check the Summer Shipping School and Maritime Law Academy course pages to find out what is covered in their respective course fees. If you're still unsure, email us at training@bimco.org.

5. Will I receive a certificate for the training?

Certificates, if applicable, will be issued shortly after the course has finished. Please refer to the types of training for more information.

Payments

1. How can I pay for my training course?

We encourage you to pay online immediately during the registration process. We accept American Express, MasterCard, or VISA. You can then download an invoice which will show as paid.

If you prefer to receive an invoice before paying, you can request an invoice during registration.

We will send the invoice to you by email immediately. You then have 7 days to pay either online using one of the cards mentioned above or by bank transfer. Our bank account details and a link to pay online by credit card will be shown on the invoice.

NOTE: for face-to-face courses, the invoice option is not available less than 14 days prior to the start date of a course. If you register less than 14 days in advance, you will need to pay online with a credit card immediately.

Important: If payment has not been received by the invoice due date, the course seat(s) will be cancelled, and a new signup will be required.
All bank charges are to be paid by the customer. 

2. Will I receive a confirmation of payment?

Yes.

- Credit card: An electronic receipt is issued upon the authorization of the credit card payment. The invoice will not be emailed to you, but you can download it from My Account > Invoices.

- Bank transfer: An invoice (marked paid), together with confirmation of the course seat(s) will be issued by email immediately.

3. How are course discounts calculated?

Discounts are calculated automatically based on your selections. Early bird discounts cannot be combined with the group discount. A 10% group discount is available for registering three or more participants from the same company.

4. Do I receive a discount for being a BIMCO member?

BIMCO members are entitled to preferential discount rates.

5. What currencies do you accept payments in?

All payments should be made in the invoiced currency. EUR for the majority of EU and non-EU countries, except for courses held in the United Kingdom (GBP) and Norway (NOK).

6. Do I need to pay VAT?

Fees for courses taking place in certain EU countries and Norway will be subject to VAT in those countries.

This is regardless of whether the participant paying the course fee is a taxable or non-taxable person, and no matter where the participant originates from, due to an exception of the reverse charge rule.

Local VAT is charged based on where the course is held article 53 of the VAT directive applies. The VAT can be reclaimed through the EU refund mechanism.

Find the right maritime law course for you

Refunds

1. Will I receive a refund if I cancel my course registration?

If you cancel your seat on a BIMCO course, the following refund conditions apply:

A refund request is received by BIMCO

Percentage of the course fee to be refunded

More than two weeks before the course start date

50%

Less than two weeks before the course start date

no refund

2. Can BIMCO cancel a training session without my permission?

Yes. BIMCO Informatique A/S reserves the right to cancel courses if minimum seat numbers are not met.

Course participants will have the option to attend the same course at another time or receive a refund.

3. Can BIMCO reschedule courses for a new date?

Yes. BIMCO Informatique A/S reserves the right to reschedule courses where it is not possible to conduct the course for reasons beyond the control of BIMCO Informatique A/S.

Course participants will have the option to attend the course on the new date or receive a refund as per the normal cancellation policy.

4. Can BIMCO change or update the course content without my permission?

Yes. BIMCO Informatique A/S reserves the right to update the course program and/or cancel or terminate wholly or in part any course and make changes at any time to the course: time, place, trainer, content, price, and any printing errors.

5. What happens if a course attendee falls ill before their training begins?

You are still liable for the course fee. Participants are not automatically moved to the next relevant course.

You are welcome to assign your seat to a colleague, but you must inform BIMCO Training by emailing training@bimco.org.

Cancellations and participant changes

1. How do I cancel my course participation?

If you are unable to attend, you must always inform us in writing. Send an email to training@bimco.org.

2. Can I transfer my place to a colleague?

Yes. You may send a colleague to participate instead. Please let us know the name, job title, and email address of the person who will replace you.

Contact training@bimco.org with the participant change request and we will instruct you on how to proceed.

3. Do I have to pay to assign my course seat to someone else?

You can assign your course seat to another named participant for free up until the course start date. However, please make this request as soon as possible.

4. Can I reserve seats for other people, even if I don't know who they are yet?

If you would like to reserve and purchase single or multiple seats on a training course, but do not currently know the name(s) of the participant(s), then please send a request to training@bimco.org.
You will receive a login to the website where you will be able to add the name(s) and contact details of the participant(s) once the invoice has been generated.

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Visa application information

1. Can I have a letter to support my visa application?

If you need an invitation letter to support your visa application, please request one using the link you receive in the confirmation email, once you have paid.

Please note that BIMCO will not be able to contact or intervene with any embassy or consulate office on behalf of a participant.

2. Can I receive a refund if my visa application is rejected?

Should your visa application be declined, you can send a request for a full refund of the course fee to training@bimco.org. The request must be made no later than 14 days before the course start date.

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VPS Bunker Alerts

Veritas Petroleum Services (VPS) publish regular Bunker Alerts based entirely on fuel samples and have kindly permitted BIMCO’s Members to access this information.

The Bunker Alerts are not intended to be an evaluation of overall bunker quality in the port or area concerned, but usually highlight a specific parameter within the fuel which has raised a quality issue.

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