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Welcome to Survey Compass. These Terms of Use describe the terms and conditions applicable to your access and use of the entire suite of Survey Compass' products and services including but not limited to the website, the Survey Compass Web-Center ("Survey Compass Web-Center"), the DPTmobile App ("DPTmobile"), the M&R Tariff Database ("TBD"), the Workorder App and Web ("WAW") and the Survey App and Web ("SAP"), collectively hereinafter referred to as Services ("Services") . These Terms of Use are a legally binding agreement between you as the user(s) (referred to as "you", "your" or "User" hereinafter) of the Survey Compass Offering and the Survey Compass entity listed in clause 2.1 below (referred to as "we", "our", "Survey Compass" or "SC" hereinafter).

 

1.     Application and Acceptance of the Terms

1.     Your use of Survey Compass' Services is subject to the terms and conditions contained in these Terms of Use and any other rules and policies of Survey Compass that Survey Compass may publish. These Terms of Use and such other rules and policies are collectively referred to below as the "Terms". By using the Services, you agree to accept and be bound by the Terms. Please do not use the Services if you do not accept all of the Terms.

2.     You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Survey Compass, or (b) you are not permitted to receive any Services under the laws of Germany or other countries / regions including the country / region in which you are resident or from which you use the Services.

3.     You acknowledge and agree that Survey Compass may amend any Terms at any time by posting the relevant amended and restated Terms on the Survey Compass Web-Center. By continuing to use the Services you agree that the amended Terms will apply to you.

 

2.     Provision of Services

1.     The Survey Compass contracting entity that you are contracting with is Survey Compass GmbH.

2.     Survey Compass reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users.

3.     Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. Survey Compass may in their sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.

4.     Survey Compass agrees to carry out the following Services in expectation of User paying the agreed charges as lined out in chapter 5 of the Terms of Use

1.     Provide a 24 hour access to the Services, with at least 98% availability calculated on an annual basis. This excludes force majeure as well as technical problems caused by 3rd parties.

2.     The following definitions may hold

1.     "Customers" are entities or individuals which are supplied with Data by the User of Survey Compass

2.     "Data" is related to the User's services composed in a file of the format: Microsoft Word (doc, docx), Richtext File (rtf), PNG (png), PDF (pdf), Microsoft Excel (xls, xlsx), JPEG (jpeg, jpg), GIF (gif), Microsoft Powerpoint (ppt, pptx) Open Document Text (odt), Open Document Spreadsheet (ods), Open Document Presentation (odp). This Data is included in the definition of "User Content" which is explained later.

3.     for the "create survey" function: Online section for the upload of Data and/or related pictures or via an individual built interface to User`s used software

4.     for the "customer specific view" function: Survey Compass Web-Center section for Customers to view and download Data provided by the User.

5.     for the "tracking center": Survey Compass Web-Center for Customers

3.     Ensure data security of the uploaded file

4.     Survey Compass Web-Center secured with security certificate

5.     Allow a maximum file-upload-size per single file as follows (only applicable for uploads of files conducted via the Survey Compass Web-Center, i.e. not Mobile Apps):

1.     Drybox - 1,5 Megabyte (1,5MB)

2.     Reefer - 2,0 Megabyte (2,0MB)

3.     Tank - 2,5 Megabyte (2,5MB)

4.     Load Control - 2,0 Megabyte (2,0MB)

5.     Joint Survey - 1,0 Megabyte (1,0MB)

6.     Cargo Survey - 3,5 Megabyte (3,5MB)

7.     Technical Equipment Audit - 3,0 Megabyte (3,0MB)

8.     Stock Audit - 1,0 Megabyte (1,0MB)

6.     Any other work as it may be agreed in-between User and Survey Compass.

5.     User may resale access to content hosted on Survey Compass servers provided that it informs Survey Compass promptly. User shall not misuse system resources including, but not limited to, employing content which consume excessive CPU time or storage space, utilizing excessive bandwidth.

6.     Survey Compass shall retain for at least following time span all uploaded Data: 10 years. Warranty Documents will be stored 6 six months only. You and Survey Compass may agree on longer periods as appropriate against an additional holding fee.

7.     Mobile App Image Uploads will be reduced to 1280x1024, if resolution is higher.

 

 

 

3.     Users Generally

1.     As a condition of your access to and use of Services, you agree that you will comply with all applicable laws and regulations when using the Services.

2.     You agree to use the Services solely for your own and internal purposes. You agree that

1.     all materials (except those uploaded by User) provided on Survey Compass' websites and apps, including but not limited to information, documents, products, logos, graphics, sounds, GUI, software, and services (collectively included in the "Survey Compass Content"), are provided either by Survey Compass or by their respective third party authors, developers and vendors (collectively "Third Party Providers"). The underlying intellectual property rights are owned by Survey Compass and/or its Third Party Providers. Elements of Survey Compass' Survey Compass Web-Center and of Survey Compass Apps are protected by trade dress and other laws and may not be copied or imitated in whole or in part. Survey Compass, the Survey Compass logo and other Survey Compass Services referenced herein are trademarks of Survey Compass, and may be registered in certain jurisdictions.

2.     you will not copy, reproduce, download, compile or otherwise use any Survey Compass Content for the purposes of operating a business that competes with Survey Compass, or otherwise commercially exploiting the Survey Compass Content. Systematic retrieval of Survey Compass Content from the Survey Compass' websites and apps to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Survey Compass is prohibited. Use of any content or materials of Survey Compass' websites and apps for any purpose not expressly permitted in the Terms is prohibited.

3.     You agree not to undertake any action to undermine the integrity of the computer systems or networks of Survey Compass and/or any other User nor to gain unauthorized access to such computer systems or networks.

4.     By posting or displaying any information, content or material ("User Content") on Survey Compass' websites and apps or providing any User Content to Survey Compass or our representative(s), you grant the right to Survey Compass to adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content, including User`s name and logos in Survey Compass' own marketing and information material, in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of Survey Compass, the provision of any Services and/or the business of the User in line with the German data protection law.

 

 

4.     Member Accounts

1.     User must be registered with Survey Compass to access or use some Services (a registered User is also referred to as a "Member" below). Further, Survey Compass may reject User's application for registration for any reason.

2.     Upon registration, Survey Compass shall assign an account and issue a member ID and password (the Password shall be changed by a registered User after registration) to each registered User.

3.     A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member's own business entity. Member agrees to notify Survey Compass immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.

4.     Member agrees that all activities that occur under your account will be deemed to have been authorized by the Member.

5.     Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to Survey Compass or other Users. Member shall indemnify Survey Compass, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member's failure to maintain the security of your account, Survey Compass shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member's account without liability to Member.

6.     Member may designate persons to act as its agents to use the services, provided that each designated person has the legal capacity to enter into binding contracts for Member. Furthermore, Member represents and warrants that each person who registers under Member's account is an authorized agent of Member (an "Authorized User") who has such legal capacity.

7.     Member is solely responsible and liable for any access to and use of the Services (including all activities and transactions) by any Authorized User and/or User ID registered under Member's account, unless such access to or use of the Services is the direct result solely of the gross negligence of Survey Compass. It is Member's responsibility, through its systems administrator Authorized User, to set the appropriate access for each of Member's Authorized Users.

8.     Member is solely responsible for maintaining the confidentiality of Member`s access information, i.e. account ID's and passwords of its Authorized Users, and are responsible for all activities that occur under Member`s account.

9.     Member shall notify Survey Compass about any disturbances of the server without delay.

 

5.     Member's Responsibilities

1.     The Member agrees to pay agreed charges for all paying services.

2.     Fees may be subject to goods and service tax and local taxes, where applicable, and are paid by the Member.

3.     The Member shall make all payments owing to Survey Compass within 10 days of the end of the month in which the transaction was performed.

4.     The applicable currency is: EURO (€)

5.     Survey Compass shall advise the Member of amounts due of payments by means of Services. If the Member disagrees with any amount due by billing, it shall notify Survey Compass of its reasons for disagreement within 7 days of the Member's receipt of the payment statement. All payment statements will be provided as digital pdf-file via Email to the agreed Email address for billing purposes. The parties shall attempt to resolve any dispute by mutual cooperation.

6.     Each Member represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (b) you use the Survey Compass Web-Center and Services for business purposes only; and (c) the address you provide when registering is the principal place of business of your business entity.

7.     Member will be required to provide information or material about your entity, business or products/services as part of the registration process or your use of any Service or the member account. Each Member represents warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.

8.     Each Member represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party ("Third Party Rights"); and (c) you have the right and authority to sell or distribute or offer to sell, or distribute your own User Content and such sale or distribution does not violate any Third Party Rights.

9.     Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:

a.     be true, accurate, complete and lawful;

b.     not be false, misleading or deceptive;

c.     not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;

d.     not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

e.     not violate any applicable laws and regulations or promote any activities which may violate any applicable laws and regulations;

10.  Each Member further represents, warrants and agrees that you shall:

a.     carry on your activities with Survey Compass in compliance with any applicable laws and regulations;

b.     conduct your business transactions with other users of the Survey Compass in good faith;

c.     carry on your activities in accordance with the Terms and any applicable Additional Agreements;

d.     not use the Services or Survey Compass to defraud any person or entity

e.     not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;

f.      not engage in spamming or phishing;

g.     not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities;

h.     not involve attempts to copy, reproduce, exploit or expropriate Survey Compass' various proprietary directories, databases and listings;

i.      not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;

j.      not involve any scheme to undermine the integrity of the data, systems or networks used by Survey Compass and/or any User of the Services or gain unauthorized access to such data, systems or networks;

k.     not engage in any activities that would otherwise create any liability for Survey Compass;

l.      notify Survey Compass about any disturbances of the server without delay;

11.  Member may not use the Services and member account to engage in activities which are identical or similar to Survey Compass' business.

12.  Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Survey Compass' provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member's failure to do so results in delay in, or suspension or termination of, the provision of any Service, Survey Compass shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.

13.  Member acknowledges and agrees that Survey Compass shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services. Survey Compass does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.

14.  Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Services are in compliance with the same.

 

6.     Breaches by Members

1.     Survey Compass reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on Survey Compass' websites and apps which we reasonably believe is unlawful, violates the Terms, could subject Survey Compass to liability, or is otherwise found inappropriate in Survey Compass' opinion.

2.     If any Member breaches any Terms or if Survey Compass has reasonable grounds to believe that any Member is in breach of any the Terms, Survey Compass shall have the right to suspend or terminate the Member's account or subscription of any Service without any liability to the Member. Survey Compass shall also have the right to restrict, refuse or ban any and all current or future use of any other Service that may be provided by Survey Compass.

3.     Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:

a.     Survey Compass has reasonable grounds to suspect that such Member has used false or misleading information in any transaction or User Content,

b.     Survey Compass has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or

c.     Survey Compass believes that the Member's actions may cause financial loss or legal liability to Survey Compass or our affiliates or any other Users.

4.     Survey Compass reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Survey Compass may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. Survey Compass shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against Survey Compass for such disclosure.

5.     Each Member agrees to indemnify Survey Compass, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of Services, or from your breach of the Terms.

6.     Each Member further agrees that Survey Compass is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted via the Services, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member.

 

7.     Data Protection

1.     Confidential information will arise out of the Member`s relationship with Survey Compass. All information relating to this relationship must be kept completely confidential. This clause shall survive the termination of this agreement.

2.     The protection of User's data is of utmost importance to Survey Compass. If the User visit Survey Compass' websites and apps , information of general nature is collected automatically. This information includes, for example, the type of web browser, the operating system which is used, or the domain names of User's internet service providers, the date and the length of time of its visit and the pages the User visited. Survey Compass would like to make the User aware of the fact that, providing Survey Compass with personal details, the User agrees with their use, storage and processing in accordance with the German data protection regulations. Any personal data provided by User may be used without your consent only for the purpose of processing User`s requests and, if necessary, may be passed on to a company acting on behalf of Survey Compass in accordance with the provisions made in German data protection laws.

 

8.     Limitation of Liability

1.     TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY SURVEY COMPASS ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS", AND SURVEY COMPASS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.

2.     TO THE MAXIMUM EXTENT PERMITTED BY LAW, SURVEY COMPASS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH SURVEY COMPAss' WEBSITES OR APPS.

3.     Any material downloaded or otherwise obtained through the Survey Compass' websites and apps is done at each User's sole discretion and risk and each User is solely responsible for any damage to Survey Compass' computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Survey Compass or through or from the Survey Compass' websites and apps shall create any warranty not expressly stated herein.

4.     The Survey Compass may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Survey Compass and our affiliates be held liable for any such services or products.

5.     Each User hereby agrees to indemnify and save Survey Compass harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of Services or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save Survey Compass harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Survey Compass, including but not limited to those set forth in Section 5 hereunder.

6.     Each User hereby further agrees to indemnify and save Survey Compass harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights, claimants or other third parties relating to User Content offered or displayed on Survey Compass' websites and apps. Each User hereby further agrees that Survey Compass is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User.

7.     Survey Compass shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:

a.     the use or the inability to use the Services;

b.     any defect in, Data, information or services purchased or obtained from a User or any other third party through Survey Compass' websites and apps;

c.     violation of Third Party Rights or claims or demands that User's display on Survey Compass' websites and apps may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;

d.     unauthorized access by third parties to data or private information of any User;

e.     statements or conduct of any User of the Services; or;

f.      any matters relating to Services however arising, including negligence.

8.     Notwithstanding any of the foregoing provisions, the aggregate liability of Survey Compass, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Services during any calendar year shall be limited to the amount of fees the User has paid to Survey Compass during the calendar year. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Services must be filed within one (1) year from the date the cause of action arose.

9.     The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Survey Compass has been advised of or should have been aware of the possibility of any such losses arising.

 

9.     Force Majeure

1.     Under no circumstances shall Survey Compass be held liable for any delay or failure or disruption of the content or services delivered through the Survey Compass Web-Center resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

 

10.   Intellectual Property Rights

1.     Survey Compass is the sole owner or lawful licensee of all the rights and interests in the Survey Compass Web-Center and the Survey Compass Content. The Survey Compass Web-Center and Survey Compass Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Survey Compass Web-Center and Survey Compass Content shall remain with Survey Compass, our affiliates or licensors of the Survey Compass Content, as the case may be. All rights not otherwise claimed under the Terms or by Survey Compass are hereby reserved.

2.     "SC", "SURVEY COMPASS" and related icons and logos are registered trademarks or trademarks or service marks of Survey Compass GmbH, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

3.     Survey Compass may have independent Third Party Providers involved in the provision of the Services. You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.

 

11.   Notices

1.     All legal notices or demands to or upon Survey Compass shall be made in writing and sent to Survey Compass personally, by courier or certified mail to the following address: Survey Compass GmbH, Am Mühlgraben 1, 04617 Treben, Germany, Attn: Legal Department. The notices shall be effective when they are received by Survey Compass in any of the above-mentioned manner.

2.     All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail or by email to the last-known correspondence or email address provided by the User to Survey Compass. Notice to a User shall be deemed to be received by such User if and when:

a.     Survey Compass is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or

b.     immediately upon Survey Compass posting such notice on an area of the Survey Compass Web-Center that is publicly accessible without charge.

3.     You agree that all agreements, notices, demands, disclosures and other communications that Survey Compass sends to you electronically satisfy the legal requirement that such communication should be in writing.

 

12.   Duration

1.     This agreement shall commence on the Effective Date and continue for 3 years and extend for another year thereafter unless terminated by either party in writing. The notice period is 90 days.

 

13.   General Provisions

1.     Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Survey Compass with respect to and govern your use of the Services, superseding any prior written or oral agreements in relation to the same subject matter herein.

2.     If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck, as narrowly as possible, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

3.     Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

4.     Survey Compass' failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Survey Compass' right to act with respect to subsequent or similar breaches.

5.     Survey Compass shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms) to any person or entity (including any affiliates of Survey Compass). You may not assign, in whole or part, the Terms to any person or entity.

6.     The Terms shall be governed by the laws of Germany. The parties to the Terms hereby submit to the exclusive jurisdiction of the courts of Frankfurt am Main, Germany.

 


  1. Imprint

Responsible for content

Survey Compass GmbH

Director

Marco Hentschel

Address:

Am Mühlgraben 1, 04617 Treben , Germany

Commercial Registry

HRB 505872 (Amtsgericht Jena)

Email

m.diener@survey-compass.com



Concept, design and execution

Survey Compass GmbH





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