Terms & Conditions - myCert - the first digital solution for maritime certificates

Terms & Conditions

1. Subject Matter of the Terms & Conditions

The following Terms of Use cover the provision of the service "myCert" by Safebridge GmbH, Breite Strasse 61, 22767 Hamburg, Germany (hereinafter myCert). myCert offers an online web platform enabling users and organisations to manage and verify certificates, which are issued or uploaded to the system. "User" refers to a registered user, who acts either with his/her private user account or with an organisation account.


2. Definitions

"Account" means a unique account created by an individual to gain access to and use the services of myCert.

"Private user account" means a private, secure area within the system to which only the account owner has access to.

"Organisation account" is a secure area within the system to which only linked users have access to.

"Services" refers to the functionalities, which are provided in the system by myCert. The provision of services depends on the different subscription options. This means that not all functionalities are available in every subscription model. The main functionalities include, but are not limited to:

  • upload a certificate
  • issue a certificate
  • manage certificates
  • send certificates to other users or to a recipient outside the system
  • check a certificate's authenticity
  • verify a certificate

 

"Certificate" means an electronic record containing the metadata (e.g. name, nationality) and a document (e.g. PDF) consisting of a single page or a group of pages of data uploaded/issued to the system.

"Trust Level" refers to an issued certificate. The system supports different kinds of Trust Levels.

  • The lowest Trust Level is "unverified".
  • If an organization account proves its authenticity in myCert, the issued certificate gets the status "verified".
  • If the template from which the certificate is issued gets accredited, the certificate gets the status "verified and approved".

3. Service

The use of the services is subject to the User's acknowledgement and agreement to the following:

  • Between myCert and the User, the User has exclusive control over and responsibility for the content, quality, and format of any certificate.
  • myCert assumes no liability or responsibility for a party's failure or inability to upload, issue or check a certificate within a period of time or without limit.
  • myCert assumes no liability, if a certificate's Trust Level is incorrect.
  • By using the services, the User is giving myCert an irrevocable, perpetual license to use the name and email addresses that he/she provides to myCert via the Site, subject to myCert Privacy Policy.
  • The User is solely responsible for ensuring that his/her use of the services complies with all applicable laws.
  • Certain types of certificates and documents may be prevented from being uploaded or being issued to myCert or may be subject to specific regulations promulgated by various government agencies. myCert is not responsible or liable to determine whether any particular certificate or document is subject to an exception to transfer it into a digital record or whether it is subject to any particular agency promulgations or whether it can be legally transformed into a digital record.
  • myCert is not responsible for determining how long any certificate, documents and other records are required to be retained or stored under any applicable laws, regulations or legal or administrative agency processes. Further, myCert is not responsible for or liable to produce any User certificate or other documents to any third parties.
  • Certain consumer protection or similar laws or regulations may impose special requirements with respect to electronic transactions (e.g. issuance of a certificate) involving one or more "consumers," such as (among others) requirements that the consumer consents to the method of contracting and/or that the consumer be provided with a copy or have access to a copy of a paper or other non-electronic, written record of the transaction. myCert does not and is not responsible to.
  1. determine whether any particular transaction involves a consumer,
  2. furnish or obtain any such consents or determine if any such consents have been withdrawn,
  3. provide any information or disclosures in connection with any attempt to obtain any such consents,
  4. provide legal review of or update or correct any information or disclosures currently or previously given,
  5. provide any such copies or access, except as expressly provided in the Specifications for all transactions, consumer or otherwise,
  6. otherwise comply with any such special requirements.

4. Responsibility for Content

The User is solely responsible for the nature and content of all materials, works, data, statements and other visual, graphical and written documents, certificates and communications submitted by the User. myCert assumes no liability or responsibility for any content created by any user.

The User will not use or give permission for the use of the Service:

  • to communicate any message or material that is defamatory, harassing, libelous, threatening or obscene,
  • in a way that violates or infringes upon the intellectual property rights or the privacy or publicity rights of any person or entity or that may otherwise be unlawful or give rise to civil or criminal liability,
  • in any way that constitutes or encourages conduct that could constitute a criminal offence,
  • in any manner that is likely to damage, disable, overburden or impair the system or interfere with myCert operations, network, reputation or ability to provide quality service or the use or enjoyment of the service by others or adversely affects customers, employees, business or any other person(s),
  • to penetrate or attempt to penetrate, myCert or another entity's network or systems,
  • to generate or disseminate viruses, malware or "denial of service" attacks,
  • to resell or rebill myCert service.

5. Exclusion of Users, Deletion of Certificates

In case the User does not follow the Terms of Use or presents fraudulent behaviour, myCert is entitled to exclude him/her and/or delete all or specific certificates, data or documents.

6. Consent to Data Processing

User data is processed in Europe in accordance with the applicable laws and regulations of Germany, such as the Federal Data Protection Act and the Telemedia Act.
User data is processed only for the purposes described in the Privacy Policy.