Marlink Field Reporting App
– Terms And Conditions

v21.10.2020

1. General

The present terms and conditions (“T&C”) apply for the use of the Marlink Field Reporting App (the “App”) and all its content. The T&C are applicable for all legal entities belonging to the Marlink group of companies, such as but not limited to Marlink SAS, Marlink AS, Marlink Inc, Marlink BV, and Marlink GmbH (“Marlink”) and their employees, field service partners, and/or other persons visiting or using the App (“User”).

The terms “you” and “your” refer to the User. Your access to and use of the App is subject to your acceptance of and compliance with the present T&C. The present T&C apply to all Users. By accessing or using the App you agree to be bound by these T&C. In case you disagree with any part of the T&C, the access to the App may be refused.

2. Legal Notice

The App is provided by Marlink SAS, a company duly organized and existing under the laws of France, whose registered address is located at 137 Rue du Faubourg Saint-Denis, 75010, Paris, France, T: +33 1 5335 9500, registered under the trade register number 433 700 648 and VAT number FR22 433 700 648, represented by Mr. Hervé Nays, President of Marlink SAS, for itself and for its group companies.

The App is hosted by Marlink in third party premises, under a confidentiality agreement.

3. Data Collection

Marlink respects and complies with the EU General Data Protection Regulation dated 25 May 2018 (GDPR) and, as applicable, with any local laws and regulations.

You can consult all information related to your data in our privacy policy.

4. Accounts

Marlink shall grant one or more authorized User(s) administrator rights to the App (the “Administrator”), pursuant to which the Administrator shall be allowed to create authorized user accounts for the access to the App. An authorized User shall be granted a non-exclusive and non-transferable right to access and use the App. User shall not allow any other person to access the App.

The App user accounts are strictly confidential. User is responsible for maintaining the privacy of its user IDs and passwords, and assumes full responsibility for the use of the App, the data provided and the actions registered by the App.

User shall immediately inform Marlink of any lost or leaked user IDs and passwords, any breach of security in general or unauthorized use of its account.

Upon request from any person to Marlink for access to the App, Marlink is entitled to provide such person with the contact details of the appropriate Administrator (e.g. email address and name) for the creation of a new user account.

5. Copyright

Unless otherwise indicated, the App (including its content) is Marlink’s intellectual property and all source code, databases, functionality, software, website designs, text, photographs, and graphics on the App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Marlink or licensed to Marlink, and are protected by copyright and trademark laws and various other intellectual property rights.

The Content and the Marks are provided on the App for your information and personal use only. Except as expressly provided in the present T&C, any part of the site and any Content and/or any Marks may not be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Marlink’s express prior written permission.

User shall not disclose any information obtained through the App without explicit prior written authorization from Marlink.

User ensures that the App will not be used in any fashion that infringes the intellectual property rights or proprietary interests of Marlink or any third party, and that the use of the App complies with all applicable laws, rules or regulations.

6. Usage

Should the usage of the App generate traffic via the connectivity solution of the User and/or its employer (i.e. -most of the time- Marlink’s customer) or otherwise, such traffic costs shall come for the account of User, its employer, or Marlink’s customer.

User shall immediately report to Marlink any irregularities or errors detected in the App.

In the event of temporary disruption and/or for any issues with the App, User may contact Marlink for support via servicedesk (at) marlink.com.

User shall provide Marlink’s service desk with a detailed description of the issue including attachment of a screen shot of the App where possible. Marlink shall not be liable for any damage or loss arising out of any interruption or unavailability of the App.

The App, the Content and feature functionality within the App may be enhanced, added to, withdrawn, or otherwise changed by Marlink without notice at any time.

7. Disclaimer

The App and the Content therein are provided on an “as is”, “as available” basis and Marlink expressly disclaims all warranties and liabilities for access to and use thereof. You agree that your use of the App and Marlink’s services will be at your sole risk.

Marlink makes no warranties or representations about the accuracy or completeness of the App’s Content or the content of any websites linked to the App and Marlink shall not assume any liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the App, (3) any unauthorized access to or use of Marlink’s secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the App, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the App.

Marlink reserves the right to deny access to the App at any time to any user without prior notice if Marlink, at its sole discretion, deems such action necessary, for example in case of suspected misuse of the App or of violation of these T&C.

8. Links to Other Websites

The App may contain links to third-party web sites or services that are not owned or controlled by Marlink.

Marlink shall not be liable for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Marlink shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Marlink strongly advises you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

9. Changes

Marlink may change these T&C at any time upon publication of the updated document on the App. User may terminate its access to, and use of, the App upon written notice to Marlink if it considers any change to these T&C unacceptable. By continuing to access or use the App after those revisions become effective, you agree to be bound by the revised T&C. If you do not agree to the new T&C, please stop using the App.

10. Contact

For further information regarding use of the App, please contact: Marlink service desk at servicedesk (at) marlink.com