Terms & conditions

Definitions

In these terms and conditions, the followingterms shall have the following meanings:

“We”, “us”, “our”refers to Bargedesk;
“You”, “your” refers to the user of our Platform and Services;
“Services” refers to all the services provided by us through ourPlatform and any other medium, including but not limited to AIS-based vesseltracking and historical movement data;
“Bargedesk Content” refers to all text, data, graphics, images, audio,video, and any other materials published on our Platform;
“Intellectual Property” refers to all patents, trademarks, trade names,copyrights, trade secrets, and any other proprietary rights owned by us orlicensed to us by third parties;
“Terms” refers to the terms and conditions as described in thisdocument;
“Agreement” refers to the binding agreement between you, the member ofthe Central Barge Platform and Bargedesk, providing access to the Platform;
“Platform” refers to the website that is accessible to users on whichall relevant information, market analysis, and AIS tracking data will be madeavailable;
“AIS Data” refers to data collected via the Automatic IdentificationSystem, including but not limited to real-time and historical vessel positions,voyage details, movement patterns, and barge identifiers, as received fromexternal data sources.

About Bargedesk

Bargedesk (referred to as "we,""us," or "our") is a limited company registered in TheNetherlands under company number ---------, with its registered office locatedin Breda (VAT registration number: --------). We are committed to providinghigh-quality Services to our customers, and appreciate your interest in ourcompany. If you have any questions or concerns about these terms, please do nothesitate to contact us at contact@bargedesk.com. Bargedesk is a specializedplatform that connects companies and people in the inland shipping industry inEurope. Bargedesk hereafter is referred to as "Bargedesk".

Application of Terms

1.1 These Bargedesk Terms are the Agreementbetween you, whether as a Member with access to the Member's section of thePlatform or as a User accessing the Platform, and Bargedesk. By accessing orusing our Platform or Services, you agree to be bound by these Terms.

1.2 Users are responsible for the necessaryauthority to act on behalf of their employer company when using the BargedeskPlatform. Users are bound by the Bargedesk data policy, which is available onthe Platform, and are expected to comply with all applicable laws andregulations related to the use of the Platform and the data contained therein.

1.3 Bargedesk reserves the right to modify theTerms, and Bargedesk data policy. Therefore, we advise that you check the Termsevery time you access the Platform to ensure that you are aware of any updatesor changes.

Use of our Platform and Services

You agree to use our Platform and Servicesonly for lawful purposes and in accordance with these Terms. You shall not useour Platform or Services:

in any way that violates any applicable law or regulation;
in any way that infringes any Intellectual Property or other proprietary rights of any third party;
in any way that is harmful, fraudulent, or abusive;
to transmit any unsolicited or unauthorized advertising or promotional material, or any other form of solicitation.

AIS Data Usage

You acknowledge that AIS Data made availablethrough the Platform is obtained from third-party sources and may be subject todelays, omissions, or inaccuracies due to transmission limitations or technicalconstraints. Bargedesk does not warrant the accuracy, completeness, orcontinuous availability of AIS Data.

You agree not to use AIS Data fornavigational, safety-critical, or time-sensitive decisions. The AIS Data isintended to supplement, not replace, operational judgment, and shall not beused as a sole basis for commercial or operational decisions.

Obligations for Users of our Platform

By registering on our Platform, you agree toprovide Bargedesk with true, accurate, and complete information about yourself(referred to as "User Data") as required during the registrationprocess. You must also ensure that your User Data is promptly maintained andupdated so that it remains true, accurate, and complete at all times. IfBargedesk has reasonable grounds to suspect that any of the User Data isincorrect, inaccurate, or incomplete, Bargedesk reserves the right to suspendor terminate your access to and use of our Platform.

User agrees not to misuse the Platform,including by intentionally introducing viruses, trojans, worms, logic bombs orany other material that is malicious or technologically harmful, or for anyillegal purpose. User must not attempt to gain unauthorized access to ourPlatform, the server on which it is stored, or any server, computer, ordatabase connected to our Platform. User must not engage in web scraping or anyother activity that could harm or impair the functionality or security of ourPlatform. User must not attack our Platform via a denial-of-service attack or adistributed denial-of-service attack. By violating this provision, User will becommitting a criminal offense under the Computer Misuse Act 1990. We willreport any such breach to the relevant law enforcement authorities and fullycooperate with them, including by disclosing your identity to them.

Access to the Member’s section of our Platformis restricted to Members only. You may access the Member’s section only if youhave been assigned a unique user I.D. and password. If you are not a Member,you are not authorized to access or attempt to access the Member’s section ofour Platform. Any unauthorized access or attempt to access the Member’s sectionis strictly prohibited and may result in legal action.

As a Member with a user ID and password, youare responsible for keeping your login details confidential and secure. Youmust not disclose them to anyone, and shall be jointly and severallyresponsible with your corporate employer, if applicable, for ensuringcompliance with this requirement by any individual Subscriber or Member underyour account. You are liable for any unauthorized use or access to the Member’ssection of our Platform using your login details, and shall indemnify Bargedeskagainst any claims, damages, losses, proceedings, and costs arising from suchunauthorized access.

By logging in and adding relevant dataregarding posting jobs to the Platform you agree that Bargedesk has the rightto verify and process such data. All data uploaded to the Platform will be atthe disposal of Bargedesk.

Bargedesk has the right to utilize thisFreight Data. In case the Freight Data will be utilized, Bargedesk commits thatsuch will be done anonymously.

Intellectual Property Rights

All Intellectual Property rights inBargedesk’s platform and other products and services shall remain withinBargedesk. The user shall have a non-exclusive, non-transferable license to useBargedesk’s products for its internal business purposes only. The user shallnot reproduce, distribute, or disclose the services and products to any thirdparty without Bargedesk’s prior written consent.

Prices and Payments

The prices for Bargedesk's Services shall beas agreed between Bargedesk and the User, either on a monthly or yearlysubscription basis. Bargedesk shall issue invoices to the User on a monthlybasis. All payments are due within fourteen (14) days of the invoice date.

Bargedesk reserves the right to suspend orterminate access to the Services in the event of non-payment or delayed paymentbeyond the stated term.

All prices agreed upon are valid for theinitial term of either one (1) month or one (1) year, depending on thesubscription chosen. Prices are exclusive of VAT, which shall be added whereapplicable.

Unless terminated by the User in writing priorto renewal, subscriptions will automatically renew:

two (2) weeks prior to the end of each monthly subscription period; or
two (2) months prior to the end of each annual subscription period.

Bargedesk reserves the right to increase theservice price after the initial period. Any such price adjustments will becommunicated to the User in advance and shall take effect upon the next renewaldate.

Liability

The Bargedesk Content as available on thePlatform will be provided on an "as is" and "as available"basis. While we strive to ensure the accuracy and completeness of the BargedeskContent, we do not make any warranties, representations, or guarantees as tothe sequence, accuracy, timeliness, or completeness of the Bargedesk Content.We also do not warrant that the use of the Bargedesk Content will beuninterrupted or error-free, or that they will meet your specific requirements.You acknowledge and agree that your use of the Platform and the BargedeskContent is entirely at your own risk. None of the services provided byBargedesk constitutes advice or recommendations. Accordingly, to the fullestextent permitted by law, we shall not be liable to you or to any other partyfor any loss or damage, whatsoever caused and whether or not for breach ofcontract, negligence or otherwise, arising in connection with your use of theBargedesk Content, or in respect of any means of delivering them. Thisincludes, but is not limited to, any direct, indirect, special, incidental,consequential or punitive damages, loss of profits, revenue, data, use orgoodwill, even if we have been advised of the possibility of such loss ordamage. To the maximum extent permitted by law, we shall not be liable for anyindirect, incidental, special, consequential or punitive damages arising out ofor in connection with your use of our Platform or Services, including but notlimited to any loss of profits, revenue, data, or business opportunities. Ourtotal liability for any and all claims arising out of or in connection withthese terms and conditions shall not exceed the fees paid by user to Bargedeskin the 12 months preceding the event giving rise to the claim.

AIS Data Disclaimer
Bargedesk shall not be liable for any errors, delays, or omissions in AIS Data,nor for any reliance placed upon such data by the User or any third party. AllAIS Data is provided on an “as is” basis, and Bargedesk expressly disclaims anywarranties, express or implied, relating to its accuracy or fitness for anyparticular purpose.

Indemnification

User agrees to indemnify, defend, and hold usharmless from any and all claims, liabilities, damages, costs and expenses,including reasonable attorneys’ fees, arising out of or in connection with youruse of our Platform or Services, your breach of these terms and conditions, oryour violation of any applicable law or regulation.

Force Majeure

Neither Bargedesk nor User shall be liable forany delay or failure to perform its obligations under this agreement if suchdelay or failure is caused by events beyond its reasonable control, includingbut not limited to acts of God, war, terrorism, civil unrest, or industrialaction.

Governing Law and Jurisdiction

These Terms will be governed by Dutch law andDutch courts have jurisdiction over any dispute that may arise.

Entire Agreement

These Terms constitute the entire agreementbetween user and Bargedesk with respect to your use of our Platform orServices.