General Terms & Conditions of Use
Last Updated: 3rd July 2017
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE AND/OR ANY SERVICE, AND BEFORE USING ANY SUB-DOMAINS AND/OR LINKS CONTAINED THEREIN. THESE TERMS AND CONDITIONS APPLY TO YOU AS A WRITTEN BINDING AGREEMENT. PLEASE DO NOT SUBSCRIBE TO, CONTINUE TO ACCESS OR USE THE WEBSITE IF YOU DO NOT INTEND TO BE BOUND BY THESE TERMS.
This website having as its primary domain name https://www.moas.eu/ (and all sub-domains thereof), (“the Website”), is owned and operated by the Migrant Offshore Aid Station (MOAS), a Malta-based registered foundation having registration number VO/0939, dedicated to mitigating the loss of life at sea by providing professional search and rescue services along the world’s most dangerous migrant routes, (hereinafter the “Operator”).
Any requests addressed exclusively to the Operator may be sent in the following manner:
By traditional mail: MOAS, Melita Street 54, Valletta VLT 1122, Malta
This legal document applies to You and to all persons who use this Website (including any services and applications) (“the Services”) available on or via the Website. For the avoidance of any doubt, unless otherwise stated, reference in these Terms and Conditions to the term “Website“ means and includes reference to any Services. Only use the Website if you wish to be legally bound by the terms and conditions contained herein and by all other policies, guidelines and rules posted from time to time on the Website and incorporated herein by reference.
These General Terms and Conditions are binding and enforceable indefinitely upon You and any person who accesses or otherwise makes use of the Website. Certain additional terms and conditions may apply to specific types of users, services or applications available via the Website. In the event that You register as a specific type of user (or accept a change in your status as registered user) to make use of the Website, You shall be required to read and accept these General Terms and Conditions together with any special terms and conditions which apply to such specific users and/or services.
The Operator may, after providing prior notice to You, make changes and update these Terms and Conditions at any time, particularly, but not only, when new content is offered on the Website or if new features augment or enhance the Website or part thereof. Please check the Terms and Conditions posted periodically as your continued use of the Website will mean that You accept these changes and updates.
You understand and agree that the Website is provided “as is” without any express or implied conditions, warranties or other terms of any kind, and that the Operator assumes no responsibility for the timeliness, deletion, faulty delivery or failure to store or backup any data, communications or settings.
To the maximum extent permitted by law, the Operator provides You with this Website on the basis that the Operator excludes all representations, warranties, conditions and other terms which, but for this legal notice, might have effect in relation to this Website contained therein.
While the Operator endeavours to ensure that all information on the Website is correct, the Operator does not warrant the accuracy and completeness of the material on the Website, or its fitness for any purpose.
The Operator may effect changes to the material on this Website, at any time without notice. The material on this Website may be out of date, and the Operator makes no commitment to update such material. The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind.
Clear and Complete Information
When accessing or using the Website, You may be requested to provide information and/or data to the Operator or to third parties. In so doing, You agree to provide lawful, true, accurate, current and complete information and to maintain and promptly update the information to keep it true, accurate, current and complete in the event of any mistake or change.
If You provide any information that is untrue, inaccurate, not current, misleading, infringing or incomplete, or the Operator has reasonable grounds to suspect that such information is untrue, inaccurate, not current, misleading, infringing or incomplete, the Operator has the right to suspend or terminate Your access to the Website and refuse any and all current or future use of the Website or any part thereof.
Data Retention, Disclosure and Deletion
You acknowledge and agree that the Operator may process, store and preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third- parties; or (d) protect the rights, property, or personal safety of the Operator, the Website, its users, and the public.
Processing of Personal Data
You hereby acknowledge and agree that if the Operator carries out any processing of personal data on Your behalf in performing any of its obligations under these Terms and Conditions, it is hereby being declared that Your, and the Operator’s intention is that You shall be the data controller and the Operator shall be the data processor.
Furthermore, You acknowledge and agree that personal data may be transferred or stored on servers located outside the European Economic Area, and You shall ensure that You are entitled to transfer any of the personal data that may be required to the Operator so that the Operator may lawfully use, process and transfer such personal data in accordance with these Terms and Conditions. In addition, You shall ensure that the any relevant third parties have been explicitly informed of, and have provided their explicit consent to such use, processing and transfer as required by the relevant data protection laws.
The Operator provides a fundraising platform for specific campaigns. When an individual publishes a campaign on the Website, such an individual is inviting You to support the campaign. When You support a campaign by donating, the funds raised are transferred to the online account of the Operator and any refunds are at the discretion of the Operator. the individual shall complete the campaign as outlined, who shall owe the individuals who funded the campaign a high standard of effort, honest communication, and a dedication to finalising the campaign. You hereby declare that should You decide to fund a campaign, You accept that there may be changes or delays to the campaign, and that there may be circumstances that prevent the individual launching the campaign from being able to fully finalise the campaign as informed.
Once You fund a campaign, the Operator will charge your card and the Operator’s payment partners will authorise the transaction accordingly. The Operator partners with third party payment processing companies and when you fund a campaign, You are also agreeing to the terms of such third parties. Any refunds of any funding in respect of any campaign is at the sole discretion of the Operator.
Individuals who initiate campaigns hereby agree that acceptance of a campaign is at the sole discretion of the Operator, and further that they shall not post false, misleading, or inaccurate information to carry out deceptive or fraudulent acts, and shall not initiate campaigns which are illegal, or, in the sole discretion of the Operator, violate any terms, policies, rules or guidelines or violates the Applicable law. Furthermore, any individual who initiates a campaign hereby agrees not to engage in any practice of a questionable nature, which may damage or otherwise adversely affect the reputation of the Operator.
Links & Third-Party Content and Services
You acknowledge that the Operator may, also as a convenience to You, provide links to third-party websites, and in addition, the Website may provide, or third-parties including end-users may provide, links to other third-party websites, services, content or resources accessible online and over which the Operator (and the Website) has no control. You therefore agree that the Operator is not responsible for the availability of such external websites, services, content or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. The linked sites are not under the Operator’s control, and therefore the Operator makes no representations as to the quality, suitability, functionality or legality of any sites to which links are provided. You hereby waive any claim you might have against the Operator with respect to such sites. You further agree that the Operator 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 websites, services, content, goods or resources available and therefore you access, use and rely on such content solely and exclusively at your own risk.
Any material downloaded or otherwise obtained through the use of the Website is done at Your own discretion and risk and You are solely responsible for any damage to Your computer system or loss of data that results from the download of any such material. Furthermore, Your correspondence or business dealings with, or participation in promotions of, any third-parties including advertisers, sponsors, agents, white-labels or intermediaries including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third-party but excludes the Operator. Therefore You explicitly agree that the Operator (including the Website) shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
The Operator and/or third-parties may, from time to time, send e-mail messages to You containing advertisements, promotions, and the like. The Operator makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither the Operator nor such third party shall have any liability with respect thereto. You further agree to receive certain periodic communications from the Operator such as newsletters, content, messages, and announcements.
Intellectual Property Rights
You acknowledge and agree that any necessary content used in connection with the Website contains proprietary and confidential information that is protected by applicable intellectual property rights and limitations (including inter alia rights and limitations relating to copyright, trade-marks, service-rights, design-rights, patents, service-marks, database rights and rights in preparatory works amongst others) and other laws, whether belonging to the Operator or to third-parties and which may be registered or registerable. All designs, text, graphics and multimedia content available from the domain name https://www.moas.eu/ and pages within that domain and any sub-domain/s, and all related code (including but not limited to HTML, other mark-up languages, and all scripts be it in source code or object code) within this Website, are the property of the Operator.
To the knowledge of the Operator, all material on the Website, including but not limited to images, illustrations, audio clips and video clips, is protected by copyrights that are owned or controlled by the Operator or by other parties that have licensed their material to the Operator or are posted to the Website pursuant to a user agreement with the Operator regulating intellectual property. Use of such intellectual property is subject to the terms of any licence governing such use, and any other use beyond that permitted in the licence, or under these Terms shall be an infringement of these terms. Where it is not clear whether a licence exists or what the licence terms are, You are obliged to contact the Operator to obtain prior written authorisation to use such intellectual property subject to the terms and conditions in the Operator’s discretion, provided that the Operator reserves the right to refuse, suspend or terminate any such licence or authorisation. Any other use is subject to the obtaining of written prior consent from the rightful owner of the intellectual property. Any licence provided hereunder or pursuant to such Terms is non-exclusive and limited within the territory as may be indicated.
The licence is non-transferable and any assignment thereof without the Operator’s consent shall be null and void ab initio. Except as may be permitted in writing, the trading, publication of the licence or of the intellectual property is forbidden and is an infringement of these Terms. Copying of such content, services or products, or of the intellectual property, is forbidden except as is necessary for their proper, reasonable and normal viewing and access.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website without express written consent. You may not use any meta tags or any other “hidden text” utilising the Operator’s or its affiliates’ names or trademarks without the express written consent of the Operator. Any unauthorised use terminates any permissions or licenses granted by the Operator.
Any unauthorised use of the Operator’s intellectual property, whether in the Website or otherwise, or part thereof shall, without prejudice to the Operator’s rights and remedies at law and contract, subject that person who makes such unauthorised use (or attempts, prepares or colludes to make such unauthorised use) to liability for damages pursuant to which a sum equal to the charges which the Operator could have levied had the Operator authorised a licence to use such intellectual property together with commercial late payment interest provided at the highest rate permitted by law. The Operator shall, without prejudice to any other rights it has, be entitled to terminate, suspend or withdraw any services it offers via the Website with immediate effect and without prior notice.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of the Operator as long as the link does not portray the Operator, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
Should you choose to submit any ideas, suggestions, documents, and/or proposals (“Submissions”) to the Operator through any of its media, you acknowledge and agree that: (i) your Submissions do not contain confidential or proprietary information; (ii) the Operator is not under any obligation of confidentiality, express or implied, with respect to the Submissions; (iii) the Operator shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (iv) the Operator may have something similar to the Submissions already under consideration or in development; (v) your Submissions shall automatically become the property of the Operator without any obligation towards You; and (vi) You are not entitled to any compensation or reimbursement of any kind from the Operator under any circumstances.
The Operator grants you a limited, personal, non-transferable and non-exclusive right and license to use the Website and content therein, including any images that are available on the Website, provided that you do not (and do not allow any third party to) use such content to accompany any comments which, in the sole discretion of the Operator, are damaging or inappropriate, including racial hatred and any type of discrimination, copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any rights.
You agree not to modify the content material in any manner or form, or to use modified versions of the material, including, without limitation, for the purpose of obtaining unauthorized access to the Website. Material and content from the Website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way unless with the prior written consent of the Operator. Modification of the materials, or use of the materials for any other purpose is a violation of copyright and other proprietary rights. The use of any such material on any other Web site or computer environment is prohibited. You agree not to use bots or other technologies to scrape or fish for protected information belonging to the Operator and shall agree to indemnify the Operator in the event of any damages suffered by such unauthorised access. Except as expressly authorized by these Terms and Conditions (or otherwise authorised in writing by the Operator or by the third-party proprietors), You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Website, or its content, in whole or in part.
You further agree not to access all or any part of the Website with the aim of building a product or service which in any way competes with the Website.
The Website domain name, the materials on the Website, the Operator’s name and logo and service names are property of the Operator and comprise trade-names, trade-marks and/or intellectual property of the Operator, whether registered or registerable. You shall not copy, adapt, display or otherwise use the said names, logos or marks except with the prior written consent of the Operator, failing which you may be, in the discretion of the Operator, subject to the payment of retroactive licence fees at market rates without prejudice to such other injunctive relief or rights at law available to the Operator.
Except as specifically stated herein, these Terms and Conditions do not, and are not, intended to create any ownership or intellectual property rights transfer or assignment and any rights in such intellectual property is reserved towards the Operator.
Obligation to Inform
You are obliged to notify the Operator immediately if You become aware of:
i. any unauthorised use or copying of any intellectual property, content, service or product (or part thereof), or
ii. any unauthorised access to the Website or any service, product or content, or
iii. any unauthorised disclosure of intellectual property, or
iv. any attempt to commit either of the above.
The Operator respects the intellectual property of others, and asks its content partners and members to do the same. If You believe that your copyrighted work has been impermissibly copied or used and is accessible on the Operator’s Website in a way that constitutes copyright infringement, you may notify the Operator by providing the following information:
i. an electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
ii. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity;
iii. Identification of the location where the original or an authorized copy of the work exists, for example the URL (i.e., web page address) where it is posted or the name of the magazine in which it has been published;
iv. Identification of the URL or other specific location on the Operator’s Website where the material that you claim is infringing is located, including enough information to allow us to locate the material;
v. Your name, address, telephone number and e-mail address;
vi. A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
vii. A statement by you, made under the penalty of perjury that the above information in your notice is correct and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You are aware that as a result of the global nature of the Internet and World Wide Web, the Website is available online and may generally be accessible from anywhere in the world at any time. Access to the Website may not be legal by certain persons or in certain jurisdictions. Access to and use of the Website is at your own risk and You are responsible for compliance with the laws of your jurisdiction and any jurisdiction in respect of which you use the Website. You agree to comply with all local rules regarding online conduct.
Legal Use & General Limit of Liability
The Operator (which for purposes of this Clause includes any of the Operator’s officers, employees, or agents) and any third-party or entity that may have an affiliation or involvement in the Operator, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, incidental, special or consequential loss or damages including exemplary damages, including any loss of business, income, profits, goodwill, use, data, contracts, or loss or damages including intangible losses (even if the Operator has been advised of same) arising from, or connected in any way to business interruption, Your inability to use the Website, the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchases or obtained or messages received or transactions entered into, through or from the Website, unauthorised access to the Website or alteration of your transmission or data, statements or conduct of any third-party or any other matter relating to the Website, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material, content or services on such websites, including but not limited to loss or damage due to bugs, viruses or similar technologies that may infect computer hardware, software, data or other property or by the downloading of any material from this Website or any websites linked to this Website.
Nothing in these Conditions shall however exclude or limit the Operator’s liability for (a) death or personal injury caused by the Operator’s negligence (b) fraud; or (c) any liability which cannot be excluded or limited under applicable law.
You shall assume all liability and costs for the use of this Website or any material thereon that results in the need for servicing, repair or correction of equipment, software or data.
You specifically are aware and agree that the Operator may use “Cloud Services” for the storage and back-ups of data including all data that may be submitted by You, which services may be provided and located in foreign jurisdictions. Said cloud services are delivered by third-parties in relation to which the Operator has no control over their business, premises and/or hardware and software and therefore you accept such use of “cloud services” at your own risk and the Operator shall accept no liability or responsibility also in this respect taking into account the limited warranties provided by cloud service-providers.
The Operator reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that the Operator shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
You agree to defend, indemnify and hold the Operator, its assignees and successors and each of its respective officers, representatives, employees, agents, licensors and suppliers, harmless from and against any damages, losses, disputes, claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the content, Website in a manner that violates or is alleged to violate these Terms and Conditions or is otherwise illicit, unlawful or unauthorised.
The Operator shall provide reasonable notice to you of any such claim, suit, or proceeding, and may at its discretion reasonably cooperate with you, at your expense, in your defence of any such claim, suit or proceeding.
Disclaimer of Warranties
You hereby expressly understand and agree that your use of the Website is at your sole risk on an “as is” and “as available” basis with any faults and failings and without any representation, warranty or guarantee express or implied including without limitation any implied warranty of completeness, quality, merchantability, fitness for a particular purpose or non-infringement. Except as may be explicitly stated in these Terms and Conditions the Operator expressly disclaims all warranties of any kind whether express or implied. Therefore, whilst the Operator endeavours to ensure that the Website perform in accordance with its intended use, the Operator makes no warranty that:
i. the Website will meet your requirements or are fit for any particular purpose,
ii. the Website will be uninterrupted, timely, secure, or error free,
iii. any results obtained from the use of the Website are fit for a particular purpose or are accurate or reliable,
iv. the quality of any products, services, information, or other material obtained by you through the Website will meet your expectations, and/or
v. any errors in the Website and any content thereon will be corrected.
No advice or information, whether oral or written, obtained by You from the Operator or through or from the Website shall create any warranty not expressly stated herein.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations in the Clause entitled “Legal Use & General Limit of Liability” and/or “Disclaimer of Warranties” may not apply to you. You agree however that such exclusions and limitations are reasonable, in particular, in light of the nature of the information technology communications industry which relies on third-party providers, including power and energy providers for which the Operator cannot be and is not responsible. In the event that this exclusion of liability is held by a court of competent jurisdiction to be unlawful, the Operator’s aggregate total liability towards You for all such damages and losses shall be limited to fees, if any, paid during the three months preceding the event giving rise to liability to the Operator by the person suffering loss. In any event, the Operator shall not be held liable for any breach of these Terms and conditions or for any loss, damages or claims resulting from any force majeure or event beyond its reasonable control.
The Operator has the right to amend, alter, upgrade the Website (and or versions thereof) or to replace same with a new version entirely or in part without your prior consent or the consent of any end-user third-party.
You acknowledge and accept that the Operator may apply software, services and/or applications belonging to third-parties for purposes of its Website and therefore is subject to terms, conditions and policies of such third-parties. In all cases You shall refrain from doing any such act or omission that may jeopardise the relationship of the Operator with such third-party or that may cause any disruption, suspension or termination of service, software or application of said third-party.
In so doing You will provide information or other materials related to You or Your actions and omissions and content as reasonably requested by the Operator to verify your compliance with these terms and conditions. The Operator may monitor your performance and usage of the Website to verify your compliance and may disclose results of such monitoring to the interested third-parties. You will not block or interfere with the Operator’s monitoring. You will reasonably cooperate with the Operator to identify the source of any problem that the Operator reasonably believes may be attributable to You or any matter under your control.
User Support and Service Levels
The Operator shall endeavour to provide user support as follows:
(a) By email on [email protected]; The Operator’s policy is to seek to reply to requests or comments as soon as possible but makes no guarantees as to immediate replies or for the provision of solutions or fixes;
The Website is offered to You on a personal-use basis.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, the Website or part thereof. You may not assign or sell or otherwise dispose of your rights and obligations pursuant to this Agreement except with the prior written consent of the Operator.
Notices to you may be made via either e-mail or regular mail. It is your responsibility to ensure that the Operator always has your updated and valid contact details and to inform the Operator of any changes thereto. The Operator may also provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices to You generally on the Website.
Confidentiality: Any correspondence with the Operator or any of the Operator’s associated companies, agents, employees, or persons engaged or sub-contracted by the Operator shall be treated as private and confidential and failure to retain such information as private and confidential shall be an infringement of these terms which may cause substantial damages to the Operator.
These Terms and Conditions are governed by and shall be construed in accordance with the laws of Malta. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
The Operator seeks to resolve all disputes by amicable discussion and therefore in the event of any complaint, problem or concern you are cordially invited to raise the matter with the Operator who may consider the problem and if necessary may appoint an independent mediator to assist the parties in arriving at an amicable solution. Otherwise You expressly agree that the exclusive jurisdiction for any dispute with the Operator, or in any way relating to your use of the Website, resides in the courts of Malta (EU), and you further agree and expressly consent to the exercise of personal jurisdiction in the competent Maltese courts or tribunals in connection with any such dispute including any claim involving the Operator or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.