PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE.
BEFORE USING A C-MAP DATA PRODUCT YOU MUST READ THE "Copyright Acknowledgement" AVAILABLE AT https://www.c-map.com/legal/copyright-acknowledgement/, AND THE "Notices and Warnings" AVAILABLE AT https://www.c-map.com/legal/notices-and-warnings/.
Navico Holding AS together with its subsidiaries C-MAP Italy S.r.l., Navico AR LLC, Navico Australia PTY Ltd. (collectively referred to in these Terms of Use as "C-MAP", "Company", "we", "us" or "our"), is the provider and operator of the website located at http://www.xstore.c-map.com(referred to collectively as the "Site"). These Terms of Use apply when you access, visit or use the Site or use any of the products and services that we offer through the Site. The Site and these products and services provided on the Site are collectively referred to in these Terms of Use as the "Service."
Eligibility. The Service is intended for individuals who are at least eighteen (18) years old. If you are not at least eighteen (18) years old, please do not access, visit or use the Service.
Acceptance of these Terms of Use. By using this site, you acknowledge and agree to be bound by these Terms of Use as well as all other policies and licenses described herein. If you do not agree to these terms, do not use the Site. Please check these terms periodically for changes. Your continued use of this Site after the posting of changes to these terms will mean you agree to abide by those changes.
Software License. Your use of C-MAP products (including digital downloads, updates, and/or subscription based products) containing C-MAP data or software is governed by and subject to the End-User License Agreement available at https://www.c-map.com/legal/terms-and-conditions-eula/. By downloading, installing, accessing, clicking "accept" at purchase or otherwise using this data, you expressly agree to be bound by the terms of the C-MAP End User License Agreement cited above.
Privacy Policy. In connection with your use of the Service, please review our Privacy Policy, located at https://www.c-map.com/legal/privacy-policy/, in order to understand how we use information we collect from you when you access, visit or use the Service. The Privacy Policy is part of and is governed by these Terms of Use and by accepting the Terms of Use, you agree to be bound by the terms of the Privacy Policy, and agree that we may use information collected from you in accordance with the Privacy Policy.
Account Registration. Some products and features may require that you register for an account through the Service and select a password and user I.D. You may not: (a) select or use as a user I.D. a name of another person with the intent to impersonate that person; (b) use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or (c) use as a user I.D. a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or to cancel, a user I.D., in our sole discretion. You are responsible for maintaining the confidentiality of your user I.D. and password. Notify us immediately if you become aware of any unauthorized use of your password or account.
Prohibited Activities. You may not access or use the Service for any purpose other than the purpose for which we make it available to you. We may prohibit certain activities in connection with the Service in our discretion. These prohibited activities include, without limitation, the following:
- Criminal or tortious activity, including fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets.
- Advertising to, or solicitation of, any user to buy or sell any products or services, except with the express written approval of Company.
- Transmitting chain letters or junk email to other users.
- Using any information obtained from the Service in order to contact, advertise to, solicit or sell any products or services to any user without their prior explicit consent.
- Engaging in any automated use of the Service, such as using scripts to send comments or messages.
- Interfering with, disrupting or creating an undue burden on the Service or the networks or services connected to the Service.
- Attempting to impersonate another user or person.
- Using the user I.D. or account of another user.
- Sharing your user ID or password with another to allow them to use or access any subscriptions, benefits, or content provided under the Service which they themselves have not subscribed to.
- Using any information obtained from the Service in order to harass, abuse or harm another person.
- Reproducing, copying, duplicating or selling any portion of the Site or the Service.
- Accepting payment of anything of value from a third person in exchange for your performance of any commercial activity on or through the Service on behalf of that person.
- Using the Service in a manner inconsistent with any and all applicable laws and regulations.
Management of the Service. You acknowledge that we reserve the right, but have no obligation, to (a) take appropriate legal action against anyone who, in our sole determination, violates these Terms of Use, including, without limitation, reporting you to law enforcement authorities, (b) in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable all or a portion of the Service, and (c) otherwise manage the Service in a manner designed to protect the rights and property of C-MAP and users of the Service and to facilitate the proper functioning of the Service.
C-MAP reserves the right to make changes or improvements to its products, programs and services at any time, without incurring the obligation to install such improvements or changes on products previously manufactured, or to discontinue any products, programs, or services without notice.
Use of Intellectual Property. The Service and its contents and the trademarks, service marks and logos contained on the Service, are the intellectual property of C-MAP or its licensors or suppliers and constitute copyrights and other intellectual property rights of the Company or its licensors or suppliers under U.S. and foreign laws and international conventions. The Service, its contents and any data generated or produced using the Service may only be used for your informational, personal, non-commercial use and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the express written consent of the Company. You agree not to engage in the use, copying or distribution of the Service, any of its contents or any data generated or produced using the Service for any commercial purpose. You agree not to circumvent, disable or otherwise interfere with security related features of the Service. We may, but are not obligated to, periodically provide updates to the Service to resolve bugs or add features and functionality. You do not acquire any ownership rights to the Service or to any contents contained on the Service. All rights not expressly granted in these Terms of Use are reserved by the Company. You are solely responsible for your interactions with other users of the Service.
Termination of Your Use of the Service. We may suspend or terminate your use of the Service if you violate these Terms of Use or in our discretion where permitted by applicable law. We may also impose limits on or restrict your access to parts or all of the Service without notice or liability.
Terms of Sales. If you elect to purchase products and services through the Service, the following terms of sale shall apply to your purchases from C-MAP:
- Pricing. C-MAP endeavors to provide accurate pricing and product information to its customers. However, C-MAP shall have no liability for any pricing or typographical errors contained in any product listing. We may change pricing from time to time in our discretion. Unless stated otherwise, payment in full is required prior to acceptance of an order. You acknowledge that you are responsible for any and all taxes (sales, excise, use. Etc.) and any export or import duties that may apply to your purchases on the Site.
- Ordering. When you submit an order through the Site, you make an offer to buy the relevant product or service. While we may confirm receipt and processing of orders by email, such confirmation does not constitute our acceptance of your order. We cannot guarantee that all items displayed on your order confirmation will be in stock at the time your order is shipped. We reserve the right to reject or cancel any order, in whole or in part, at any time prior to dispatch. If we do, we will attempt to notify you using the contact information provided in connection with your order.
- Payment. We accept only the payment methods indicated on the Site. When you provide payment information, you represent that the information is accurate and that you are authorized to use the payment method provided. If your payment method has expired or is otherwise invalid when we try to charge it, you remain responsible for payment, and for all costs we incur in collecting any unpaid amounts, including, but not limited to, attorney and collections fees.
- Delivery.Quoted delivery times are approximate and C-MAP makes no guarantee for delivery by any specified date.
- Returns for Chart Cards (cancellation/refunds/returns policy). If for any reason you are not pleased with your order, you may return it in new and unused condition within 30 days of purchase for a refund (excluding shipping charges). The foregoing return policy only applies to orders of C-MAP chart card products delivered via SD Card or similar storage device. Please send an email to orders-b2c@navico.com along with your original order number, the item(s)/quantities, serial number (if applicable) you wish to return and a member of our team will provide you with a Return Material Authorization (RMA) number and instructions for returning the item. Note that shipping fees for returns are your responsibility.
- No Resale or Export. Your purchase of any products or services through our Site are for your own personal use, and are not for resale or export. Reselling of any products or services is expressly prohibited. The products and services may not eb transferred to any restricted countries, restricted parties or for any restricted end uses according to U.S. or other applicable export laws and regulations. Please refer to additional information on export controls below.
User Content. You shall be solely responsible for any information, data, text, graphics, or other materials you upload or submit to the Service ("User Content"). By publishing or otherwise sharing User Content on our Site or Service, you grant C-MAP the right to modify or use any such User Content in any way and for any purpose we deem necessary or useful. By uploading User Content to the Service, you represent and warrant that you have all the rights, power and authority necessary to grant the rights herein to C-MAP. Furthermore, you grant C-MAP a worldwide, perpetual, fully paid-up, transferable license to use, copy, organize, or prepare derivative works of your User Content including, but not limited to, the right to use your User Content to create samples, commercial map products and/or research and marketing materials. Any User Content that is either posted publicly or privately on the Service is the sole responsibility of the user who posted it. Your access to the Service and User Content is AT YOUR OWN RISK. C-MAP cannot be held responsible for any damage resulting from errors or omissions in User Content or any damage that is suffered as a result thereof.
Submission of Questions and Feedback. If you submit opinions, suggestions, feedback and/or proposals to us through the Service, or through any other communication with us, you acknowledge and agree that, other than with respect to any Personal Information (our use of which will be governed by the Privacy Policy): (a) the submissions you provide will not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the submissions you provide; (c) we shall be entitled to use or disclose (or choose not to use or disclose) the submissions you provide for any purpose, in any way, in any media worldwide; (d) the submissions you provide will automatically become the property of C-MAP without any obligation to you; and (e) you are not entitled to any compensation or reimbursement of any kind from C-MAP in connection with your submissions under any circumstances.
Links to Other Websites. This Site may contain links to third-party sites, resources or data. C-MAP is not responsible for the content of any linked sites. C-MAP provides these links solely as a convenience to users and does not endorse the companies or contents of any linked sites. You acknowledge that you are solely responsible for and assume all risk arising from the use of any of these websites.
Warning - No Warranty Regarding Accuracy.
ALL NAVIGATION AIDS ARE SUBJECT TO INACCURACIES AND DISCREPANCIES. NEVER RELY ON THE SERVICE AS YOUR SINGLE NAVIGATION AID. YOU SHOULD OBTAIN NAVIGATION INFORMATION FROM ADDITIONAL SOURCES, AND CROSS-CHECK ALL INFORMATION FOR ANY INACCURACIES OR DISCREPANCIES WHEN YOU MAKE ANY DETERMINATION REGARDING YOUR VESSEL'S POSITION, COURSE, SPEED AND/OR INTENDED TRACK.
You understand that C-MAP cannot and does not guarantee or warrant that files available for downloading from the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. C-MAP WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Chart Card Limited Warranty and Disclaimer. C-MAP warrants that the delivery and installation media, such as cartridges, SD cards, or discs, (collectively, "Media") on which digital charts and other data products ordered from the Site (the "Data") are recorded and delivered are free from defects in materials and workmanship under normal use and operation. This limited warranty is effective for a period of sixty (60) days following your receipt of such Media. The limited warranty provided herein is made to You if You (a) have fully paid the required license fee for use of the Data, (b) have fully complied with these Terms of Use and the applicable End User License Agreement, and (c) are the original licensed end-user. No warranty is made to any other person or entity. During the warranty period set forth above, C-MAP will replace any Media which proves defective in materials or workmanship, without charge, on an exchange basis. THIS IS C-MAP'S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY. This remedy shall not apply if the Media on which the Data is stored has been damaged by negligence, accident, improper or unreasonable use, or by any other cause unrelated to defective material or workmanship.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DATA IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ACKNOWLEDGE THAT THE DATA IS OF A GENERAL NATURE, AND THAT IT MAY NOT BE DESIGNED FOR, ADEQUATE TO, OR CONFORM TO YOUR SPECIFIC NEEDS AND/OR PURPOSES, NOR THAT IT CONFORMS WITH SPECIFIC SAFETY REQUIREMENTS OR GOVERNMENTAL STANDARDS OR REGULATIONS IN YOUR COUNTRY. ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE DATA AND MATERIALS ARE HEREBY DISCLAIMED, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, VALIDITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OPERABILITY, QUALITY OF SERVICE, CONFORMITY WITH GOVERNMENT STANDARDS OR REGULATIONS, OR NONINFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF THIS TYPE, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
The limited warranties and other obligations and liabilities of C-MAP, and your remedies set forth in this agreement, are Your sole and exclusive remedies and in substitution for any other rights, claims and remedies You would otherwise have against C-MAP with respect to the Data and the Services provided hereunder. Notwithstanding the exclusion of warranty for the Data, should You encounter any problems with the Data or find a suspected error, You should report such problem or suspected error to C-MAP as soon as reasonably possible.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NAVICO HOLDING AS, ITS AFFILIATES (INCLUDING C-MAP), OR ITS SERVICE PROVIDERS, SUPPLIERS, LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES OR EXPENSES, INCLUDING ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, DELICT, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS OR SERVICES PROVIDED THROUGH THE SERVICE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF THE COMPANY OR ITS AFFILIATES, OR ITS SERVICE PROVIDERS, SUPPLIERS, LICENSORS OR CONTRACTORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY'S AGGREGATE LIABILITY FOR ANY CLAIM EXCEED ANY AMOUNTS PAID BY YOU IN CONNECTION WITH THE SERVICE OR USD $100, WHICHEVER IS GREATER. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers' computer equipment, or software. We are not responsible for any failure of any upload or download due to technical problems or traffic congestion on the internet or any wireless network. We are not responsible for any injury or damage to any person's computer, mobile phone, onboard electronics systems, or any other personal property related to or resulting from use of the Services including downloading materials in connection with the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Services from any Content posted on or through the Services, or from the conduct of any users of the Services, whether online or offline.
Where applicable laws do not allow warranties or terms to be excluded or liability to be limited, some of the above disclaimers and limitations may not apply and you may have additional rights. None of the exclusions or limitations in this agreement will have the effect of limiting or excluding any liability to the extent such liability cannot be limited or excluded under applicable law.
Void Where Prohibited. Although the Service is accessible in most geographic locations, not all features, products or services discussed, referenced, provided or offered as part of the Service are available to all persons or in all geographic locations, and may not be permitted by law in all geographic locations. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic location. Any offer for any feature, product or service made available through the Service is void where prohibited by law.
Unauthorized Transactions. In the event that you use a credit card to pay for any products or services offered through the Service, you are representing to the Company that you are authorized to use that credit card. Any violation of this requirement will be reported to the appropriate authorities.
Indemnification. You agree to defend, indemnify and hold harmless C-MAP, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, any use of the Site's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.
Governing Law and Arbitration. PLEASE READ THE FOREGOING CAREFULLY, AS IT CONTAINS BINDING PROVISIONS WHEREBY EACH PARTY WAIVES ITS RIGHT TO GO TO COURT AND HAVE A CLAIM HEARD BY A JUDGE OR JURY.
If You Live in the United States (including any territory belonging to the United States):
- Any dispute or claim against C-MAP ("Claim") arising out of the Site or these Terms of Use shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to its conflicts of laws provisions. To the maximum extent permitted by applicable law, any Claim against C-MAP shall be resolved through binding arbitration by the American Arbitration Association ("AAA") under its rule, including the AAA Consumer Arbitration Rules, conducted by a single arbitrator appointed in accordance with said rules. The place of arbitration shall be Tulsa, Oklahoma unless mutually agreed otherwise. The language of arbitration shall be English. The parties acknowledge that this constitutes a written agreement to arbitrate Claims under the Federal Arbitration Act.
If You Live Outside of the United States:
- These Terms of Use shall be governed by and construed in accordance with the laws of the Italy, without regard to its conflicts of laws provisions. To the maximum extent permitted by applicable law, any dispute, controversy or claim arising out of or relating to these Terms of Use or breach thereof, shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The place of arbitration shall be Milan, Italy. The language of arbitration shall be English. This arbitration clause shall not deprive any of the parties from seeking interim injunctive relief in national courts of competent jurisdiction.
Amendments. These Terms of Use may be amended by C-MAP from time to time. Unless specific otherwise, all updated or amendment terms of use shall be automatically effective upon thirty (30) days following publication on the Site. As the user of the Site, you are responsible for reviewing these terms from time to time for the most up to date version.
No Oral Modifications. Employees of C-MAP are not authorized to modify these Terms of Use, either verbally or in writing. You may not rely, and should not act in reliance on, any statement or communication from an employee of the company or anyone else purporting to act on our behalf.
No Third-Party Beneficiaries. These Terms of Use are between you and C-MAP. There are no third party beneficiaries.
Relationship. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority of any kind to bind the Company in any respect whatsoever.
Waiver and Severability. No waiver of by C-MAP of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of C-MAP to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Force Majeure. C-MAP shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company's reasonable control, including, without limitation, any mechanical, electronic or communications failure or degradation.
Assignment. These Terms of Use are not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate these Terms of Use and our related rights and obligations without obtaining your consent.
Entire Agreement. These Terms of Use supersede all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Service or the contents of the Site. In the event of any conflict between these Terms of Use and any other agreement or understanding related to the Service, other than the End User License Agreement, these Terms of Use shall control.
Notices. In the case of notices we send to you, you hereby consent to receive notices and other communications through posting of notices on the Site, or with regard to material changes to these Terms of Use or information pertaining to your purchases made through the Service, sending you an email at the email address you provided to us, or mailing a notice to you at the mailing address you provided to us. You agree that all agreements, notices, disclosures, and other communications that C-MAP provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing.
Contact Us. If you have any questions about these Terms of Use or your account, you may contact us by email at:
EMEA: eu-customersupport@c-map.com
AMER: s-customersupport@c-map.com
APAC: apac-customersupport@c-map.com