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USER TERMS OF SERVICE

By using the T-Radar (www.t-radar.gr) Website and Services, you agree to be bound by these User Terms of Service (“Terms of Service”).

Please read the following Terms of Service carefully before using the T-Radar Service and Website. If you do not agree with the Terms of Service, please do not use the T-Radar Website. These Terms of Service apply to any use of the T-Radar Website and to all services provided through it.

1. Identity of T-Radar

T-Radar is developed and operated by the private company “DIGITER SINGLE MEMBER P.C.”, duly incorporated and existing under the laws of Greece, with registered offices at 373 Andrea Sygrou Ave, Palaio Faliro, Attiki, Greece, with corporate registry number 156149401000 and EL TIN no. 801407045. Contact email address is info@t.radar.gr.

2. Description of the T-Radar Service

2.1. T-Radar provides a platform which brings together Service Providers and Shipping Companies. A user must create an account either as a Service Provider or a Shipping organization (“User Accounts”) in order to access T-Radar services.

2.2. Service Providers upload their technicians details and all scheduled trips for their technicians. T-Radar provides Service Providers with detailed data analysis of which services and which locations are in highest demand by shipping companies.

2.3. Shipping Companies can search in T-Radar for the services of need in the location and date their ships will require the service. T-Radar aggregates all the schedules of available technicians to give Shipping Companies the results they are looking for. Shipping Companies can opt to receive notifications when requested search requirements are met.

2.4. T-Radar and its services serve only as a monitoring, information and contact platform and it does not intervene in the contractual arrangements that Service Providers and Shipping Organizations may choose to enter into. Users engage in such arrangements and agree on the terms of their respective services outside T-Radar and its platform and without any involvement by T-Radar. T-Radar relies on information provided by its users which remain solely responsible for the accuracy and reliability of this information. T-Radar is not under any circumstances responsible and liable against its users for the accuracy and reliability of the information contained in its platform.

3. User Accounts

3.1. Service Providers

3.1.1 Service Providers have a limited, non-exclusive, non-transferable, and non-sublicensable right to use the T-Radar services though the website www.t-radar.gr in the form offered by us from time to time solely for the purposes set out herein.

3.1.2 In order to use the T-Radar services as a Service Provider you must create a user account as Service Provider by following the registration instructions in the T-Radar website. The T-Radar credentials are personal. The user shall ensure that any user account credentials and equivalent information required to access the Service Provider account are kept confidential and used in a secure manner not accessible by third parties. A Service Provider user may have only one Service Provider user account.

3.1.3. Where it is suspected that any unauthorized person has become aware of a Service Provider user account credentials or has access to the account, the Service Provider shall immediately inform T-Radar thereof. The Service Provider shall be responsible for any use of T-Radar and any activity under the account of the user.

3.1.4. T-Radar allows Service Provider users to upload in their Service Provider account technicians’ details and all scheduled trips for their technicians. The exact data required to be submitted by the Service Provider can and may change from time to time according to T-Radar’s sole discretion. Service Providers remain solely responsible against T-Radar, third party users and third party for providing accurate and reliable data, regarding the services offered, schedule and technicians. The Service Provider user must provide the data each time requested by T-Radar in order to maintain access to T-Radar service. T-Radar also provides to Service Providers Business Analysis functions regarding the most popular services and service locations in the industry, allows to manage technician and technician trips and technician calendars through the Service Provider account functions. T-Radar has the right at its sole discretion at any time change, alter, stop or expand the services and functions provided through to Service Provider through its website.

3.1.5. T-Radar charges a monthly fee to Service Providers in order to access Τ-Radar services, according to the payment plan each user chooses in its registration page. The monthly fee is charged automatically to the User and is payable in advance for each subscription month. To unsubscribe the User has to notify T-Radar as per Term 7 regarding Termination. If the User terminates its subscription according to Term 7 the termination is effective for the following subscription month after the month in which the termination took place.

T-Radar may at any time change the fee structure and amount it is charging for its services. If any change occurs the user will be notified in advance. By continue using the service you agree to all fees and charges associated with the use of the service.

3.1.6. In order to use the T-Radar, you must submit valid credit card or other payment method information to T-Radar. T-Radar does not store information of your payment instrument, as this is done by a third party payment service provider used by T-Radar. You agree to pay all fees and charges arising from your use of the T-Radar Service as in force each time. You must keep the credit card and other payment information that you have submitted to your user account updated.

3.1.7. Service Providers are solely responsible for obtaining consents -if applicable- or have an appropriate legal basis for the technicians they list on T-Radar regarding their processing of personal data on T-Radar. T-Radar assumes that all technician listings and data contained therein can be processed lawfully following appropriate consents or disclosures by data subjects and cannot be held liable under any circumstances if those requirements were not met by the Service Providers. The Service Providers are also solely responsible for providing necessary information to the technicians they list regarding their processing of personal data in the context of T-Radar.

3.2. Shipping Organizations

3.2.1. Shipping Organizations have a limited, non-exclusive, non-transferable, and non-sublicensable right to use the T-Radar services though the website t-radar.gr in the form offered by us from time to time solely for the purposes set out herein.

3.2.2. In order to use the T-Radar services as a Shipping Organization you must create a user account as Shipping Organization (“Shipping account” or “Shipping user”) by following the registration instructions in the T-Radar website. The T-Radar credentials are personal. The user shall ensure that any user account credentials and equivalent information required to access the Shipping account are kept confidential and used in a secure manner not accessible by third parties. A Shipping user may have only one Shipping user account.

3.2.3. Where it is suspected that any unauthorized person has become aware of a Shipping user account credentials or has access to the account, the Shipping user shall immediately inform T-Radar thereof. The Shipping user shall be responsible for any use of T-Radar and any activity under the account of the user.

3.2.4. T-Radar allows Shipping users to search for the services of need in the location and date their ships will require the service and aggregates all the schedules of available technicians to give Shipping users the results they are looking for. The exact data required to be submitted by the Shipping user can and may change from time to time according to T-Radar’s sole discretion. The Shipping user must provide the data each time requested by T-Radar in order to maintain access to T-Radar service. T-Radar also provides to Shipping users the option to receive notifications when requested search requirements about a service are met and offer a wide range of reporting options regarding available Service Providers, their schedule, associated services and ports. T-Radar has the right at its sole discretion at any time change, alter, stop or expand the services and functions provided through to Service Provider through its website.

3.2.5. T-Radar charges fees to Shipping users in order to access Τ-Radar services, according to the charges set forth in the relevant sections of the Shipping account web page. If Applicable fees are monthly subscription fees they are charged automatically to the User and are payable in advance for each subscription month. In such case, to unsubscribe the User has to notify T-Radar as per Term 7 regarding Termination. If the User terminates its subscription according to Term 7 the termination is effective for the following subscription month after the month in which the termination took place.

T-Radar may at any time change the fee structure and amount it is charging for its services. If any change occurs the user will be notified in advance and it will always be able to access charges through the relevant sections of the Shipping account web pages. By continue using the service you agree to all fees and charges associated with the use of the service.

4. Payments

4.1. T-Radar charges only for the services it provides according to the terms set forth in the respective terms of User Accounts. T-Radar does not intermediate contractual arrangements between its users and does not receive any payments on behalf of any third parties such as Service Providers or other service providing entities.

4.2. Payments for T-Radar’s fees and charges are automatically charged from the user’s credit card or other payment method. If a bank wire transfer is used as a payment method the user may not be able to access T-Radar services before the latter receives bank verification regarding payment. T- Radar shall always provide upon request from a user a full list of charges made to such user and their justification.

5. Intellectual Property Rights

5.1. All Intellectual Property Rights in or related to the T-Radar Service and thereto related documentation and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of T-Radar and/or its subcontractors/licensors. “Intellectual Property Rights” shall mean copyrights and related rights (including database and catalogue rights and photography rights), patents, utility models, design rights, trademarks, tradenames, trade secrets, know-how and any other form of registered or unregistered intellectual property rights.

5.2. These Terms of Service do not grant the user any Intellectual Property Rights in the T-Radar Service and all rights not expressly granted hereunder are reserved by T-Radar and its subcontractors/licensors.

6. Additional Provisions for use of T-Radar

6.1. The T-Radar Service is only available to persons of the age of 18 years or older.

6.2. The user shall observe all applicable rules and regulations when using the T-Radar and are solely responsible for the information and the services they provide.

6.3. Users communicate and engage directly without T-Radar’s involvement for the provision of their services to each other.  Users enter such arrangements for the provision of services and agree on the terms of their respective services outside T-Radar and its platform and without any involvement by T-Radar. T-Radar may not held responsible or liable under any circumstances for the provision of services between its users.

6.4. By using the T-Radar service, the user may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. T-Radar generally does not review content provided by the users. T-Radar is not responsible for third parties' (including the user's) content or information or for any damages arising as a result of the use of or reliance on it.

6.5. Users shall be responsible for obtaining and maintaining any devices or equipment (such as computers) and connections needed for access to and use of the T-Radar service and all charges related thereto.

6.6. The User will not: (i) use or attempt to use another user’s T-Radar account and/or access another user’s payment data through T-Radar or use another person’s or entity’s payment cards or means when using the T-Radar services; (ii) copy, modify or create derivative works of the T-Radar services or any related technology; (iii) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the T-Radar website or any related technology, or any part thereof; (iv) remove any copyright, trademark or other proprietary rights notices contained in or on the T-Radar service; (v) remove, cover or obscure any advertisement included on the T-Radar website; (vi) collect, use, copy, or transfer any information obtained from the T-Radar service without the consent of T-Radar; (vii) use bots or other automated methods to use the T-Radar service; (viii) create a T-Radar account using a fake identity or an identity of another person; or (ix) access the T-Radar service except through the interfaces expressly provided by T-Radar, such as the T-Radar Website.

6.7. T-Radar is entitled to remove a User from the T-Radar service with immediate effect if: (i) the user abuses the T-Radar service or causes any harm or detriment to the use of the T-Radar service or other users or T-Radar or T-Radar’s employees, (ii) T-Radar has reasonable belief of fraudulent acts by the user when using the T-Radar service, (iii) the user fails to comply with his obligations arising from these Terms of Service; (iv) there is reasonable doubt about the accuracy or authenticity or reliability of the information the user is providing to T-Radar (v) the user fails to comply with the quality standards T-Radar sets at its sole discretion.

6.8. The controller of the personal data collected about users is Digiter P.C., unless otherwise indicated. Digiter P.C. shall process any personal data collected from the user in accordance with T-Radar Privacy Policy.

6.9. The User must comply with applicable third party terms of agreement when using the T-Radar service.

7. Term and termination

7.1. These Terms of Service are in force as a binding agreement between T-Radar and the User until further notice as long as the User is using the T-Radar Service.

7.2. Monthly subscriptions and associated fee charges are automatically renewed and automatically charged to a user and payable in advance for the whole subscription month. To discontinue, a user must follow the process set forth in Term 7.3.

7.3. The User can discontinue the use of the T-Radar service at any time by sending[TP1] . In case a user discontinues its subscription to T-Radar, T-Radar will immediately cease to charge the user for the use of the services, if applicable, effective from the next month after which T-Radar received notice of such discontinuance. T-Radar can discontinue providing the T-Radar service permanently or temporarily at any time with respect of any of its users.

8. Complaints

8.1. Please note that the T-Radar service may at any time be interrupted or permanently discontinued. The T-Radar service may also be temporarily suspended. Do not use the T-Radar service for backing up any data. While we do our best in providing you our platform and services error-free, T-Radar does not promise or guarantee you anything regarding the reliability, functionality, timeliness, quality or suitability of the T-Radar service, its features or any service offered by T-Radar. T-Radar does not promise or guarantee anything that is not expressly mentioned in these terms.

8.2. Users is solely liable for any services they provide to other users. T- Radar has no involvement and cannot be held liable for the services and information users provide to other users of its platform.

8.3. The user who has discovered inaccurate information or data in T-Radar can submit any complaints to T-Radar, with clear descriptions of said inaccuracies. T-Radar will communicate with responsible user(s) to amend inaccurate information of data. T-Radar  does not promise or guarantee the correction of any information or data.

9. Applicable Law and Dispute Resolution

15.1. These Terms of Service shall be governed by and construed in accordance with the laws of Greece.

15.2. Disputes arising from these Terms of Service shall be resolved by the competent court of Athens, Greece.  

10. Amendments

10.1. These User Terms of Service are subject to amendments.

10.2. T-Radar shall publish the amended User Terms of Service at the T-Radar Website and shall inform the User that the T-Radar Terms of Service have been amended on the T-Radar service or by email to the email address submitted to the T-Radar Service by the User. If the User does not agree to any amended T-Radar Terms of Service, he/she shall discontinue the use of the T-Radar Service.

11. Assignment

11.1. T-Radar shall be entitled to assign all or any of its rights or obligations hereunder in whole or part to an affiliate or successor or to a purchaser or acquirer of its business assets relating to T-Radar Service without the User’s prior consent.

11.2. The User shall not be entitled to assign any of its rights or obligations hereunder in whole or part.

 [TP1]To investigate how the subscriber can terminate his subscription.