Captain Peter Terms
1. Preamble
1. The access and use of Captain Peter are subject to these User Terms set out below and any additional instructions or terms appearing on the Website, including the Privacy Notification (available at https://terms.maersk.com/privacy) and the Digital Services User Terms (available at https://terms.maersk.com/digital-services), together referred as "Terms and Policies". By clicking “I accept the terms and conditions” button on the Website, Individual User for himself/herself and on behalf of Registered User confirms that Individual User has read and understood the Terms and Policies. Further, by virtue of clicking “I accept the terms and conditions” button on the Website, the Individual User agrees to be legally bound by the Terms and Policies for himself/herself and on behalf of Registered User.
2. The Terms and Policies shall be carefully read before accessing, downloading or using any information, data, text, images, video or audio or any other materials or services generated on, posted or uploaded to the Website or otherwise made available as part of Captain Peter.
3. Captain Peter is a B2B service. Access to and use of Captain Peter by the Individual User shall be done on behalf of the Registered User and shall constitute acceptance of these Terms and Policies. Acceptance shall take effect on the date of the first sign in to Captain Peter by the Individual User. In case of non-agreement with the Terms and Policies, the Individual User shall cease to use Captain Peter Website immediately.
4. The User Terms may be updated from time-to-time. It is recommended to refer to the User Terms for any changes or updates.
2. Definitions
1. "affiliate" means any entity controlling, controlled by or under common control with Maersk A/S.
2. "agent" means officers, directors, shareholders, personnel, and other intermediaries, and any other person acting directly or indirectly on behalf of Maersk, its affiliates and associates or Registered User, as applicable.
3. "associate" means any entity which is not an affiliate, but is partly-owned or managed by Maersk or an affiliate of Maersk.
4. "Captain Peter" means a hosted service (as may be modified, enhanced and/or updated from time to time), offered by Maersk to the Registered User via the Website, permitting the Registered User to receive online access to Content, including Data associated with the RCM-fitted container, booked by such Registered User.
5. "Content" means any information, data, text, images, video or audio or any other materials generated on, posted to or uploaded to the Website or otherwise made available as part of Captain Peter, including Data.
6. "Data" means certain data about the state of an RCM-fitted container and cargo in it, that is being transported by Maersk or one of its affiliates in accordance with the Registered User's shipping booking, and that is offered as part of Captain Peter services via the Website. The Data includes, for instance, information about departure and arrival location and date, container content, container statistics as temperature, humidity, atmosphere, etc. (the list is non-binding).
7. "Feedback" means comments, information, questions, data, ideas, description of processes, requests for assistance or other information, submitted by the Individual User from time to time on or via the Website (including via 24/7 chat support) or by way of sending an email to a respective email address as indicated on the Website.
8. "Individual User" means an individual, identified in the fields "First name" and "Surname" at the time of his/her registration with Maersk or its affiliate's account(s), and who, being able to access and use Captain Peter, acts on behalf of the Registered User.
9. "IPRs" means copyrights and related rights, patents, utility models, trademarks, service marks, trade names, topography rights, design rights and rights in databases, domain names, rights in know-how, trade secrets and all applications or pending applications for such in all cases whether or not registerable in any country and all rights and forms of protection of a similar nature or having equivalent or similar effect anywhere in the world.
10. "Login Details" means login details used by the Individual User to access and use Captain Peter.
11. "Maersk" means (a) Maersk A/S, a Danish registered company with its address at Esplanaden 50, 1263 Copenhagen K, company reg. no. 32345794 for Registered Users and Individual Users, acting on their behalf, that access Captain Peter via a Maersk or Sealand Maersk account; OR (b) Maersk Line, Limited, a USA registered company with its address at 999 WATERSIDE DRIVE, SUITE 1600, NORFOLK VA 23510-3340, company reg. no. 33279728 for Registered Users and Individual Users, acting on their behalf, that access Captain Peter via a Maersk Line, Limited account OR (c) Hamburg Süd A/S, with its address at Esplanaden 50, Copenhagen K, 1098, Denmark. Hamburg Süd A/S is a secondary name of Maersk A/S, reg. no. 32345794 ("Hamburg Süd") for Registered Users and Individual Users, acting on their behalf, that access Captain Peter via a Hamburg Süd or Alianca account.
12. "Registered User" means a legal entity, that was identified in the field "Company" at the time of Individual User's registration with Maersk or its affiliate's account(s), and that Individual User, when accessing/using Captain Peter, acts on behalf of.
13. "User Material" means any business information or other data, uploaded to or created by the Individual User, or its actions and activities on the Website.
14. "Website" means a website available at https://captainpeter.com/, via which Captain Peter is provided.
3. Authorisation to Use Captain Peter
1. Captain Peter can be accessed and used via the Website with the Login Details for Maersk or its certain affiliates' account(s), as displayed on the starting page of Website.
2. Access to Captain Peter is provided to the Registered User only and shall not be considered to be granted to any subsidiary or holding company of the Registered User.
3. The Registered User is entitled to authorize Individual User(s) to access and use Captain Peter on its behalf. The Registered User shall ensure that the Individual User: 1) only uses Login Details to access and use Captain Peter on behalf of the Registered User; and 2) accesses and uses Captain Peter, including the Website and Content, in strict accordance with the Terms and Policies, and continuously observes any terms or instructions as issued or changed from time to time or made available via the Website.
4. If any of the Individual Users ceases to be authorized to use Captain Peter on behalf of the Registered User, it is the Registered User's responsibility to ensure that such Individual User is not able to access and use Captain Peter.
5. With each attempt to access Captain Peter, an automated check that valid Login Details have been applied will be implemented. Maersk is not liable for any delay or loss caused by the misuse or misapplication of Login Details.
6. The Individual User may be unable to access or use Captain Peter if he/she does not meet the minimum security requirements as notified by Captain Peter from time to time. Maersk does not warrant that the local set-up of the Individual User in accordance with such minimum requirements will ensure access to, full functionality of or effective operation of Captain Peter.
7. To the extent permitted by law and except as otherwise expressly provided in the User Terms, the Registered User is solely responsible for procuring, maintaining and securing the network connections and telecommunications links from its systems to Captain Peter data centers, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Registered or Individual User's network connections or telecommunications links or caused by the internet.
4. Evaluation Access
If Maersk has made available to the Individual User "Evaluation Access" to Captain Peter (fee-based) services, or its part, such access may solely be used for the purpose of evaluating Captain Peter to determine whether to purchase a fee-based access. Evaluation Access may not be used for any other purposes, including but not limited to competitive analysis, commercial, professional or for-profit purposes. Evaluation Access is limited to a certain period, as described on the Website ("Evaluation Period"), from the date it is activated. Notwithstanding any other provision of these User Terms, Evaluation Access is provided "AS IS" without warranty or support of any kind, express or implied. Maersk may terminate the Evaluation Access at any time for any reason and without liability of any kind. Upon any termination or expiration of the Evaluation Period, the Evaluation Access will cease, and the Registered User and Individual User expressly agree that the User Terms shall govern their subsequent access to and use of Captain Peter non-evaluation version.
5. Scope of Captain Peter as a Service
1. The Registered User, subject to the User Terms, including limitations of use, and any applicable commercial terms, is hereby granted a limited, temporary, revocable, non-exclusive, non-transferable, non-sublicensable right to permit the Individual User(s) to access and use Captain Peter on the terms and for the period of the applicable free or fee-based access exclusively for the purposes reasonably anticipated on the Website and for Registered User's internal business purposes, as might be reasonably expected by Maersk. For exemplary purposes, such access and use may include the possibility to:
i) access, view, download the Data and receive Data notifications;
ii) store the Data on the Customer System;
iii) access 24/7 chat support and submit Feedback as per clause 5.6.
2. The exact scope of rights/services granted to the Registered User, including the scope of Data available for access by the Registered User or on its behalf by the Individual Users, as well as other terms of access, are dependent upon the type of service, chosen by the Registered User or one of its Individual Users. The information about available services, including their scope, period of access, applicable fees (if any) and other terms are outlined on the Website.
3. The Data is provided per container. The access to Data is subject to a shipping booking of an RCM-fitted container, made by the Registered User with Maersk or its designated affiliate(s). Captain Peter is not available for non-RCM-fitted containers. The scope of available Data is dependent on the type of service chosen by the Registered User or on its behalf.
4. For Data notifications to be sent the Individual User may be requested to provide an email address. It is responsibility of the Registered User and the Individual User to ensure that such email address is secure. Maersk shall bear no liability whatsoever related hereto.
5. When an option to share certain Data via a public link is available, it shall be clearly understood by the Individual User that such sharing is optional and solely at risk of the Individual User and the Registered User. Maersk shall bear no liability whatsoever related hereto.
6. All Feedback is and shall be given entirely voluntarily. Feedback, even if designated as confidential by the Individual User, shall not create any confidentiality obligation for or upon Maersk. Maersk may in connection with any of its products or services freely use, copy, disclose, license, distribute and exploit any Feedback in any manner it sees fit without any obligation, royalty or restriction based on intellectual property rights or otherwise.
7. Maersk may change at any time, with or without (as is reasonably practicable, at Maersk's discretion) notice to the Individual User:
i) the Content, format or nature of Captain Peter;
ii) the format or nature of the Website; and
iii) the means of access to Captain Peter.
6. Limitations of Use
1. To the extent permitted by law and except when expressly permitted under the User Terms, the Registered User and Individual User shall not:
i) use or permit any other party to use all or any part of Captain Peter, Content or the Website in connection with activities that breach the User Terms, any relevant laws, infringe any third party's rights, or breach any applicable standards, content requirements or codes; or
ii) post to, upload to, temporarily store on (if such facility is provided) or transmit via the Website any information, materials or content that might be or might encourage conduct that might be unlawful, threatening, abusive, defamatory, obscene, vulgar, discriminatory, pornographic, profane or indecent; or
iii) use the Website for the purpose of or as a means to send "flame" or "spam" emails; or
iv) access all or any part of Captain Peter or the Website in order to build a competitive product or service, including attempt to scrape data, de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of it; or
v) use Captain Peter to provide services to third parties; or
vi) license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit Captain Peter; or
vii) introduce or permit the introduction of, any virus or vulnerability into the Maersk's or Captain Peter-related network and information systems.
2. Use of Captain Peter or the Content may be subject to certain legal or regulatory requirements. The Registered User may only access or use Captain Peter or Content or authorize such access or use to the extent such access or use is permitted in the jurisdiction in which the access or use are performed.
3. Misuse in any form, whether intentionally or not, of Captain Peter and/or Content shall constitute a material breach of the User Terms.
7. Fees and Payment
1. Some of Captain Peter services are provided free of charge, while others may be accessible only as part of a fee-based access.
2. The fees (if any) applicable to available Captain Peter services are outlined on the Website. All payments shall be made in the currency and on the due date set for the respective fee-based service. All sums specified on the Website or otherwise applicable to Captain Peter are exclusive of any sales taxes and/or any other taxes related to the supply of products or services (which shall be paid by the Registered User at the applicable rate), unless otherwise stated in the applicable invoice. Invoices will be sent to the Registered User by Maersk or it affiliate by email or otherwise.
3. It is an obligation and responsibility of the Registered User to ensure that every payment for fee-based services is made on time and in accordance with the applicable terms. In the event of failure to pay the applicable fees in accordance with these terms, without prejudice to other remedies available in contract or at law, the access to the respective service(s) may be suspended or terminated, and any other available action to recover the unpaid amounts may be taken. The Registered User shall be liable for all reasonable expenses, including attorney's fees relating to the collection of past due amounts.
4. In case of any technical problems with the payment, the support team at support@remotecontainermanagement.com can be contacted.
8. Intellectual Property Rights
1. Captain Peter. The IPRs in and related to Captain Peter, Content, Website (including domain names) and any modifications, derivatives or enhancements hereto, however developed or provided, existing now or in the future are and remain the exclusive property of Maersk, or, where applicable, a third party-licensor from whom Maersk derives the right to use it/them. The Registered User and Individual User, are hereby authorised to use Website, Captain Peter and Content for purposes and in accordance with restrictions outlined in clauses 5 and 6 above only.
2. No warranties or representations are made stating that the Registered User's, Individual Users' or any other party's use of the Website, Captain Peter, or the Content will not infringe IPRs of third parties.
3. User Material. The Individual User or Registered User, whatever is applicable, shall retain all right, title, interest to User Material, as uploaded to the Website. The Individual User and the Registered User hereby irrevocably grant a perpetual, fully paid, irrevocable, transferable, sublicensable, worldwide license for Maersk and its affiliates (including Maersk A/S) to use any User Materials for all business purposes, including without limitation copying, amending, incorporating in other materials, publishing, creating derivative works or otherwise providing such to third parties (and permitting such third parties to use and sublicense the User Materials) anywhere in the world. The Registered User and the Individual User agree to take any steps (including completing any further document) that may be required in any jurisdiction to give effect to this clause. The Registered User and the Individual User shall procure the waiver of any moral rights in any information, data or other Content or materials posted or uploaded at any time by the Individual User to the Website.
4. The Individual User shall not upload any User Material to or via the Website, unless he/she and the Registered User can ensure that the User Materials do not infringe any Intellectual Property Rights or other right of any third party and are not defamatory, unlawful, immoral or otherwise likely to breach or infringe any right or requirement or to give rise to any claim for loss or damage by any third party. The Registered User shall indemnify and hold harmless Maersk, its affiliates, associates and agents against any claims, losses, actions, proceedings, damage or other liabilities whatsoever (including damages or compensation paid by Maersk or its affiliates to compromise or settle a claim) and all legal costs or other expenses, suffered by Maersk, its affiliates or associates as a result of any actual or potential breach of Intellectual Property Right resulted from or related to User Materials.
9. Warranties
1. Captain Peter and Content are made available "AS IS" with no warranties, express or implied, as to their access, availability, accuracy, quality, sufficiency, completeness or fitness for purpose. All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or at law are, to the fullest extent permitted by applicable law, excluded.
2. The Individual User and/or the Registered User may not use the Content, including the Data, in whole or in part, in any form, as grounds for any claim, action or inaction, whatsoever and howsoever arising in relation to Captain Peter, contract of carriage or logistic services with Maersk or any of its affiliates.
3. Maersk makes no warranty that access to and use of Captain Peter or the Website will be uninterrupted, timely, error-free or free from vulnerabilities. Access to Captain Peter may be suspended or withdrawn to or from the Registered User and Individual User temporarily or permanently at any time and without prior notice. There may also be imposed restrictions on the length and manner of usage of any part of Captain Peter for any reason. Maersk is not responsible for any delays, interruptions, delivery failures, or any other loss or damage resulting from the transfer of the Data, User Materials or other information over communication networks and facilities, including the internet, and Registered User and Individual User acknowledge and accept that Captain Peter may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
4. Maersk does not warrant that the Website will be compatible with all hardware and software which the Registered User or the Individual User(s) may use. Maersk shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of the Individual User's download, installation, access to or use of the Website, Captain Peter or Content or the Individual User obtaining any material from, or as a result of using such. Maersk will further not be liable for the actions of third parties.
10. Liability
1. Nothing in these User Terms shall exclude or limit liability for death or personal injury resulting from negligence or for fraud on the part of Maersk.
2. Except as expressly and specifically provided in the User Terms:
i) Maersk, its affiliates, associates and agents shall have no liability whatsoever in respect of Login Details, Captain Peter, Content, User Materials or the Website, howsoever arising (including, without limitation, under any implied warranty, condition or term);
ii) Registered User assumes sole responsibility for results obtained from use of Captain Peter, Content and the Website, and for conclusions drawn from such use. Maersk shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to Maersk by Registered User or Individual User in connection with the access and use of Captain Peter, including User Material, or any actions taken by Maersk at the Registered or Individual User's direction;
iii) Maersk, its affiliates, associates and agents shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss or damage relating to business interruption, loss of use or contract, lost, inaccurate data or corruption of data, failure of security mechanisms, loss of profits, loss of business, depletion of goodwill and/or similar losses, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising from the access or use of Captain Peter, Content or the Website; and
iv) The total liability of Maersk, its affiliates, associates and agents towards the Registered User and its agents (including the Individual Users), howsoever arising out of or in connection with the User Terms, Captain Peter, the Website or Content (including in relation to negligence) shall, in aggregate, in respect of any claim, or series of connected claims arising out of the same cause in any calendar year, not exceed USD 500 (United States Dollars five hundred).
3. Maersk, its affiliates, associates and agents will not be liable for any loss (including without limitation loss of profit), damage, delay or failure in performing any of its duties relating to the User Terms, Captain Peter, the Website or Content caused in whole or in part by the action of any government or governmental agency, natural occurrence, law or regulation (or any change in the interpretation thereof), injunction, currency restriction, sanction, exchange control, industrial action (whether involving its staff or not), war, terrorist action, equipment failure, interruption to power supplies or anything else beyond its reasonable control.
4. The Registered User shall indemnify and hold harmless Maersk, its affiliates, associates and agents against any claims, losses, actions, proceedings, damage or other liabilities whatsoever (including damages or compensation paid by them to compromise or settle a claim), and all legal costs or other expenses, suffered by Maersk, its affiliates, associates and agents arising out of any actual or potential breach by the Registered User or any of the Individual Users of any duties or obligations (including negligence) owed by the Registered User or any of the Individual Users to Maersk, its affiliates, associates or agents relating to the User Terms, Captain Peter, the Website, User Materials or Content.
11. Confidential Information
1. Each party ("receiving party") agrees that all code, inventions, know-how, business, technical and financial information it obtains from the disclosing party ("disclosing party") constitute the confidential property of the disclosing party ("Confidential Information"), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the receiving party to be Confidential Information due to the nature of the information disclosed and the circumstances surrounding the disclosure. Any software, pricing, documentation or technical information provided by Maersk (or its agents), any made improvements/changes, performance information related to Captain Peter shall be deemed Confidential Information of Maersk or its affiliates (as the case may be) without any marking or further designation.
2. Except as expressly authorized herein, each party shall hold the other's Confidential Information in confidence and not make the other's Confidential Information available to any third party, or use the other's Confidential Information for any purpose other than the implementation of the User Terms.
3. Maersk and the Registered User shall take all reasonable steps to ensure that the other's Confidential Information to which it has access is not disclosed or distributed by its agents in violation of these User Terms.
4. Registered User shall be liable and shall indemnify and hold Maersk harmless from any loss and/or damages caused by disclosure of Confidential Information by Individual User in breach of the confidentiality obligations contained in this clause 11.
5. A party may disclose Confidential Information to the extent such Confidential Information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction, provided that, to the extent it is legally permitted to do so, it gives the other party as much notice of such disclosure as possible and, where notice of disclosure is not prohibited and is given in accordance with this clause 11.5, it takes into account the reasonable requests of the other party in relation to the content of such disclosure.
6. Confidential Information shall not be deemed to include information that:
i) is or becomes publicly known other than through any act or omission of the receiving party;
ii) was in the other party's lawful possession before the disclosure;
iii) is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or
iv) is independently developed by the receiving party, that can be demonstrated by written evidence.
12. Communication
1. Any apparently valid communication, instruction or notification in any form received by Maersk or its affiliates apparently from an Individual User ("Communication") will be treated as properly authorised by and legally binding upon the Registered User, even if in fact no such authority was given or if any Communication it received was fraudulent or conflicted or appeared to conflict with other instructions of the Registered User. Maersk, its affiliates and its agents shall be under no further obligation to check the authenticity of the Communication or the authority of the Individual User transmitting it.
2. Where Maersk, its affiliates or its agents have reason to believe that a Communication which any of them receives has not been properly authorised or that any breach of security or of the User Terms has occurred, Maersk and its agents reserve the right at their sole discretion not to act or to delay acting upon the Communication.
3. The Registered User is responsible for the accuracy and completeness of Communications received by Maersk, its affiliates or its agents and for ensuring that they achieve the Registered User's intended purpose and that they are transmitted correctly to Maersk or its agents. Maersk, its affiliates and its agents are not liable for any delay or loss where the contents of a Communication they receive are inaccurate, incomplete or where a Communication is not received by them.
4. If the Individual User will receive quarterly (optional) feedback survey and relevant product information on the email address specified in the account registration form. At any point in time, the Individual User can request exclusion from such Communication.
13. Compliance
Maersk and the Registered User (for the purpose of this clause each a "Party" and together "Parties") each represents and undertakes that in the performance of the User Terms, it and all of its affiliates, agents (including Individual Users of the Registered User) or sub-contractors will comply in all material respects with all applicable laws, rules, regulations or similar instruments including relating to anti-corruption, competition law and foreign trade controls (export controls and sanctions laws of the UN, the EU and US or other relevant regulator).
For the purposes of clarity:
Neither Party will give, promise or attempt to give or approve the giving of anything of value to any person, for illegal purposes or for improperly obtaining or retaining business.
Neither Party shall deal, or cause the other Party to deal, with any person or entity in respect of transactions prohibited by foreign trade controls, except with the other Party's prior written consent; or which could damage the other Party's commercial or other reputation interests, even if not in violation of any foreign trade controls.
Each Party has established processes and maintains policies and procedures to prevent violation of this clause 13.
If a Party materially breaches any of its obligations or representations in this clause 13, the other Party may terminate its agreement to the User Terms with immediate effect without incurring any liability.
14. Security
1. The Individual User and the Registered User agree to comply with any reasonable instructions Maersk may from time to time issue to them regarding the Captain Peter's and Website's security. The Registered User agrees that it shall implement, maintain and keep current appropriate security arrangements concerning the Individual Users' access to and use of the Website, Captain Peter, Content and information stored on the Registered User's and Individual Users' computer systems. The Individual User, the Registered User and Maersk shall each take all reasonable precautions to ensure that their communications through the Website and their own systems are not affected by computer viruses or other destructive or disruptive components, and to ensure no such components are transmitted to or via Captain Peter or Website.
2. The Individual User and the Registered User must notify Maersk as soon as reasonably possible upon becoming aware of any actual or attempted unauthorised access to the Website or any unauthorised transaction or attempt to execute an unauthorised transaction in connection with Captain Peter or any other circumstance that might be reasonably likely to result in any prejudice to the security of the Website or Login Details.
3. The Individual User shall not, and the Registered User shall ensure that it and its agents do not do anything which may result in the security of the Website, Captain Peter, Content, Login Details or the systems or security of Maersk or its affiliates, associates, agents or any other parties, being compromised.
4. The Individual User and the Registered User must not reverse engineer, decompile or otherwise interfere with or publish or make available to any third party the Login Details or any other software, technical data, tools or facilities made available to them in connection with the Website or Captain Peter.
15. Third Party Providers
1. The Website may contain certain links or references to websites operated by third parties. Maersk makes no warranties or representations whatsoever regarding any third party website which the Registered User or the Individual User may access through the Website or which the Registered User or the Individual User may use or access to enable access to or use of the Website, Captain Peter and any of its Content. Any such website is wholly separate and independent from the Website and Maersk does not have any control over the content or operation of such website. Maersk does not endorse any third party website and does not accept any responsibility for the existence, operation, content or use of such website.
2. The Registered User or the Individual User may not place hyperlinks to any area of the Website.
16. Notice and Update
1. Any written notice in relation to Captain Peter may be given either to the address (or the email address) specified by the Individual User in the account registration form (or a subsequent address notified to Maersk from time to time) or via the Website. Service of any notice on the Individual User shall (if applicable) also be deemed to be service on the Registered User. Proof of posting or transmission of any notice shall be deemed to be proof of receipt of the notice at the time when the notice would in the ordinary course be delivered or received. Any notice sent via the Website shall be deemed to have been received when the notice is first available through the Website for access by the Individual User.
2. Modifications may be made to these terms at any time without prior notice or liability for Maersk or its affiliates. By continuing access or use of Captain Peter after any update of the User Terms, the Individual User and the Registered User agree to be bound by them. If the Registered User or the Individual User do not agree to the updated terms, the Individual User shall stop all access or use of Captain Peter or the Website.
17. Suspension. Termination
1. From time to time Maersk may suspend some or all access to or use of Captain Peter, Content, User Materials, Login Details or the Website for scheduled or unscheduled routine, non-routine or emergency maintenance or for any other reason, where Maersk reasonably considers it necessary to do so. In the event of such suspension, where reasonably practicable, reasonable efforts will be applied to give notice of the suspension via the Website beforehand.
2. Maersk may terminate access to Captain Peter in case (i) of breach of the User Terms by the Registered User or any of its Individual Users, or (ii) in Maersk's assessment the Registered User's or its Individual User(s)'s use of Captain Peter is abusive; or (iii) in Maersk's assessment provision of the services to the Registered User is no longer commercially viable.
3. Access to Captain Peter for the Individual User will automatically be terminated upon deactivation (for whatever reason) of the Individual User's account with Maersk or its affiliate necessary to access the Website.
4. Termination of Captain Peter access will not affect the rights and remedies of the parties accrued prior to termination, nor affect any provision intended to continue after termination.
18. Law and Jurisdiction
These User Terms shall be governed by and construed in accordance with Danish law and shall be subject to the exclusive jurisdiction of the City Court of Copenhagen.
19. Miscellaneous
1. Each of the provisions of these terms is severable from the others and if one or more of them becomes void, illegal or unenforceable, the remainder will not be affected in any way.
2. References in these terms to "in writing" or "written" include communication by email or other electronic form. References in these terms to the singular include the plural and vice versa.
3. In case of conflict between these User Terms and Privacy Notification, Privacy Notification shall prevail.
4. The User Terms shall not affect, or form part of any terms of any contract of carriage or logistic services with Maersk or any of its affiliates, unless otherwise stated in such contract.
5. If a conflict arises between the User Terms and any written contract, applicable to the Content or services available via this Website, agreed between Maersk or any of its affiliates and a Registered User, and if the conflict is related to:
i) the Website -- the User Terms shall prevail to the extent of such conflict; or
ii) the Content or services available via the Website -- the respective written contract shall prevail to the extent of such conflict.
6. The Registered User and the Individual User may not assign, part with or otherwise transfer any right or benefit under any provision of the User Terms without Maersk's prior written consent.
7. Maersk's affiliates, associates and agents ("Relevant Third Parties") may in their own right enforce all provisions of the User Terms, as well as the law and jurisdiction clause. In entering into the User Terms, Maersk does so (to the extent of such provisions) not only on its own behalf but also as agent and trustee for such persons. The User Terms may be varied or rescinded, by agreement or in accordance with its terms, without the consent of any Relevant Third Party.