1.1 These are the terms and conditions on which we offer and permit use of the IMCA eCMID system. By using the IMCA eCMID system you confirm that you accept the following terms and conditions and that you agree to comply with them.
1.2 For the purposes of these terms and conditions, “the eCMID system” includes the following:
- the eCMID website at www.imcaecmid.com and related web pages using the imcaecmid.com and imcacmid.com domains
- the “eCMID application” – IMCA-provided software used for preparing and uploading inspection reports
- the Common Marine Inspection Document (guidance document IMCA M 149) and Marine Inspection for Small Workboats (IMCA M 189). Completed versions of these documents are referred to as “inspection reports”. Excerpts of these reports are referred to as “inspection data”.
- Guidance on use of the eCMID system (IMCA M 167) and other information and user guides as published by IMCA.
- the database which supports the website and application.
2 Information about us and how to contact us
2.1 We are the International Marine Contractors Association (“IMCA”) which conducts business through IMCA Trading Ltd registered in England and Wales with company number 07169292, registered address Third Floor, 24 Chiswell Street, London EC1Y 4YX. Our registered VAT number is GB 262 7056 07.
2.2 You can contact us by calling +44 (0) 20 7824 5526, by email to email@example.com or by writing to us at IMCA Trading Ltd, 52 Grosvenor Gardens, London SW1W 0AU, UK.
3 The service
3.1 The eCMID system makes available common formats for the inspection of vessels and provides an online database for storage and provision of access to completed inspection reports. Organisations register for a company account and can add users within that account which enable access to inspection reports and inspection data.
3.2 Organisations categorised as ‘vessel operator’ may add vessel data to the system and can control access to inspection reports and inspection data related to their vessels.
3.3 Subject to requirements related to their competence as set out by IMCA, inspectors may upload new inspection reports into the eCMID system using the eCMID application.
3.4 IMCA provides guidance on use of the eCMID system to assist users. However, users are responsible for ensuring that such guidance is adhered to and that data added to the system is, so far as is possible, complete and accurate.
4 Registration and right of access
4.1 Organisations can submit a registration request via the eCMID website, as part of which they identify their role (such as vessel operator, client or inspector) and will be asked to provide a website address or company profile.
4.2 IMCA may reclassify registrations to restrict or expand the availability of system functionality where an alternative role is deemed more appropriate.
4.3 IMCA reserves the right to refuse access to the eCMID system where no legitimate interest in the system and the data it holds is apparent, where there is a history of non-adherence to these terms and conditions or for other reasons it deems appropriate, subject to the IMCA competition law compliance policy.
4.4 If your access to the eCMID system and/or the service has previously been terminated by IMCA, you may not register to use the eCMID system.
4.5 These terms and conditions will continue to apply your use of the eCMID system until completion of the service where these terms and conditions will automatically terminate.
5 Permitted uses
5.1 IMCA grants organisations non-transferrable, revocable, non-sub licensable, non-exclusive access to the eCMID system. The scope of access is determined by the organisation type, permissions assigned to the user account by IMCA and the company administrator and any permissions assigned by vessel operators to access inspection reports related to their vessels.
5.2 According to these access permissions, inspection reports and inspection data may be viewed online, downloaded in PDF format for viewing and printing and exported into company systems.
5.3 Inspectors and inspection companies may provide draft inspection reports to the client identified in the report pending approval and publication within the eCMID system of the final report by the vessel operator. Such reports will be exported from the system as PDF files, appropriately watermarked with their draft status.
5.4 Vessel operators may provide draft or final inspection reports in PDF format to clients and potential clients. However, report access should normally be via the eCMID website and such organisations are encouraged to submit a separate registration request, which would enable them to access the live report online, including any subsequent vessel operator comments.
6 Prohibited uses
6.1 Inspection reports and inspection data may not be exported to any third-party database outside of the organisation provided with access.
6.2 Except in the case of vessel operators adding comments (including follow-up information on inspection findings), you shall not make any additions, deletions, modifications or alterations to inspection reports within the eCMID system.
6.3 Users shall not infringe, nor permit to infringe, nor otherwise prejudice the proprietary rights of IMCA.
6.4 Uses shall not allow any third party to access the database. Third parties must submit a separate registration request to IMCA.
6.5 Users shall not reproduce, re-transmit, distribute, disseminate, sell, publish or circulate eCMID reports except as allowed for in these terms and conditions.
6.6 Users must not misuse the eCMID system by knowingly introducing viruses or other malicious or technically harmful software.
6.7 The inspection templates (eCMID and eMISW) may not be used except in conjunction with this online system. The online system allows for exporting of watermarked PDF copies at draft and final stages. Other offline use is an infringement of IMCA copyright and is not permitted. The current versions of these templates are available within the inspection software application; previous versions have been withdrawn and may not be used.
6.8 Users shall not upload or attempt to upload inspection reports or data that have not been produced in accordance with IMCA policy and guidance on use of the eCMID system. IMCA may delete or remove access to any such material.
6.9 Users shall not try to circumvent these prohibitions.
6.10 IMCA may immediately terminate the service and your access to the eCMID system and delete your account without liability to you if you engage in any of the above prohibited uses.
7 Service availability and changes to the service
7.1 IMCA may make additions, deletions or amendments to the eCMID system without notice.
7.2 We do not guarantee that the eCMID system, nor its contents, will always be available or that access to the system will be uninterrupted.
7.3 IMCA may suspend user access, withdraw, discontinue or change all or any part of the eCMID system without prior notice at any time. IMCA will not be liable to you or a third party if for any reason the eCMID system is unavailable at any time or for any period.
7.4 IMCA may define a particular specification of computing device required to use the eCMID system or elements thereof. IMCA will endeavour to ensure wide availability of the system but makes no guarantee that all functionality will be available on all devices.
7.5 IMCA may vary these terms and conditions at any time by posting the amended terms on the eCMID website. All amended terms and conditions will automatically take effect immediately on posting. Please check these terms and conditions periodically to inform yourself of any changes which are binding on you.
8 Price and payment
8.1 Registration, general use of the eCMID system and access to inspection reports is provided free of charge.
8.2 Payment of an upload fee is required when adding a new inspection report into the eCMID system. The price will be indicated on the order pages when you purchase a vessel credit (UK VAT or local sales tax will be added where necessary).
9 Intellectual property rights
9.1 The eCMID system is protected by copyright, trade marks and other intellectual property rights owned by or assigned to IMCA.
9.2 All intellectual property rights existing or arising in the eCMID system, IMCA data or any materials, know-how, specifications, inventions, processes, software data or information supplied by us under or in connection with these terms and conditions or the eCMID system shall at all times belong to and remain vested in IMCA and save as in relation to any user data that is uploaded or entered into the eCMID system, no proprietary rights or any other rights whatsoever are assigned, granted or shall otherwise pass to you.
9.3 User-provided data in the form of uploaded inspection reports, is controlled by vessel operators, in accordance with these terms and conditions. IMCA provides no guarantee of and accepts no liability for the accuracy or completeness of such user-provided data.
10.1 Our liability to you shall not exceed the price paid for the service.
10.2 When supplying the service, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 The eCMID system and its content are provided “as is” and, to the maximum extent permitted by law, IMCA exclude all conditions, warranties, representations or other terms, whether express or implied, which may apply to the eCMID system, any content displayed on the eCMID system, or any services provided on the eCMID system.
10.4 The content and data on the eCMID system is not intended to amount to advice on which you should rely, any reliance you place on such information is strictly at your own risk. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the eCMID system.
10.5 You acknowledge that use of the database requires you to use your own skill and judgement. You accept that neither IMCA nor the vessel operators who have made eCMID reports available have any liability to you or a third party in respect of claims arising from the use of the database.
10.6 You shall ensure that the equipment and software your organisation uses to access the database shall not corrupt the database or eCMID reports. Users are responsible for ensuring their devices are sufficiently protected against any viruses or other malicious or technically harmful software.
10.7 Users undertake to indemnify at all times IMCA against all actions, proceedings, costs, claims, liabilities and expenses whatsoever sustained or incurred as a result of using the database in respect of any breach by you of any of these terms and conditions.
11 Privacy and data protection
12 Applicable law
12.1 These terms and conditions and any non-contractual obligations arising from or in connection with them shall in all respects be construed and take effect in accordance with English law. The courts of England and Wales will have exclusive jurisdiction in relation to any dispute: (a) arising from or in connection with these terms; or (b) relating to any non-contractual obligations arising from or in connection with these terms and conditions.