Mariners Log

Terms and Conditions

Mariners Log Terms and Conditions, operated by Kengineer Limited.

WHO WE ARE

www.marinerslog.co.nz is operated by Kengineer Limited, a New Zealand Limited company registered in New Zealand under company number 8176886.

Some important details about us:

  • Registered Office: 101 Pakenham Street West, Wynyard Quarter, Auckland, 1010, New Zealand
  • Trading Office: 101 Pakenham Street West, Wynyard Quarter, Auckland, 1010, New Zealand
  • Tax Number: 133-833-293
  • Regulator: Ministry of Business, Innovation and Employment (MBIE)

1. Introduction

  • Welcome to Mariners Log ("Software", "Service").
  • These Terms and Conditions ("Agreement") govern your access to and use of Mariners Log, provided by Kengineer Limited ("Company", "We", "Us").
  • By using the Software, you agree to comply with these terms. If you do not agree, do not use the Software.

2. Definitions

  • Software: The Mariners Log application, platform, or system provided by the Company.
  • User: Any person or entity using the Software.
  • Subscription: The licensing model for using the Software, following the three-month paid pilot.
  • Content: Any data, text, graphics, or other materials inputted into the Software by the User.
  • AI & Machine Learning (ML): The use of secure algorithms and models for predictive maintenance and decision support within Mariners Log.

3. License and Access

  • The Company grants you a limited, non-exclusive, non-transferable, and revocable license to use the Software under these terms.
  • Users must not resell, sublicense, modify, reverse-engineer, or exploit the Software in any unauthorized way.

4. Compliance with International Maritime Regulations

  • Mariners Log does not ensure compliance with IMO (International Maritime Organization), ISM Code, SOLAS, MARPOL, or other maritime regulations.
  • Users must ensure that their flag state accepts the use of Mariners Log and verify compliance with IMO and Port State Control (PSC) requirements before use.
  • Mariners Log does not provide certification or guarantee regulatory approval for maintenance tracking and inventory management.

5. Paid Pilot and Subscription

Mariners Log begins with a three-month paid pilot. The pilot scope, price and payment terms are agreed upfront. Following the pilot, customers may move to an annual subscription by agreement.

  • Payment options include:
  • Debit card payments, where the user must store a valid card in the system for automatic billing.
  • Bank transfer, where payments must be made manually before the subscription renewal date.
  • Failure to make a payment when due will result in suspension of access to the Software.

6. Payment and Billing

  • Subscription Fees: Following the three-month paid pilot, users must subscribe to a paid plan to continue accessing Mariners Log.
  • Payment Notification: Mariners Log will always provide users with a 30-day notice before an upcoming payment is due.
  • User Responsibility: It is the user's responsibility to ensure that payments are made on time. Failure to do so may result in account suspension.
  • Non-Refundable Fees & Cancellation Policy:
  • Subscription fees are non-refundable, including cases of partial use of the subscription period.
  • If a user cancels their subscription before the end of their billing cycle, they will be required to pay for the remainder of the subscription period.
  • No refunds will be issued for early cancellations, and access to the Software will continue until the end of the paid period.
  • Pricing Adjustments: The Company reserves the right to modify pricing, with prior notice to users. Subscription pricing may increase upon renewal every 12 months, but any increase will not exceed 15%. Users will be informed of the new pricing at least 30 days before their renewal date.
  • Setup Costs: Unless otherwise specified by Mariners Log in writing or stated on the official website, setup costs for the platform are not included in the standard subscription fees.
  • Refund Policy:
  • Mariners Log begins with a three-month paid pilot, allowing users to evaluate the software before committing to a subscription.
  • Once a paid subscription begins, all charges are non-refundable, including partial usage, failure to cancel on time, or unused services within the billing period.
  • Mariners Log does not issue pro-rata refunds for early cancellation of annual or monthly plans.
  • If a billing error occurs or there are exceptional circumstances, users may contact support within 7 days of the charge to request a case review. Refunds, if granted, are at the sole discretion of Kengineer Limited.

7. Language Support

  • Mariners Log is available only in English. Users are responsible for translation or interpretation if required.

8. Data Collection, Privacy, and Retention

  • Mariners Log uses Microsoft services for data hosting, with user data stored in the country where the user initially registered.
  • We comply with GDPR and industry best practices for data security and protection.
  • Data Retention Upon Cancellation:
  • If a user cancels their subscription after the pilot period and making their first payment, Mariners Log will retain their data for 30 days.
  • During this period, the user may request a copy of their data at no additional cost.
  • After the 30-day hold period, all user data will be permanently deleted from Mariners Log's database.

9. Connectivity Requirements

  • Mariners Log does not provide offline access. Users must ensure continuous internet connectivity for uninterrupted service.

10. Integration with Third-Party Systems

  • Mariners Log does not currently provide standard out-of-the-box integrations with third-party software, including PMS, ERP or fleet management systems. Bespoke integration or data work may be scoped, agreed in writing and priced separately.

11. Role-Based Access and Permission Control

  • Mariners Log supports role-based access control, allowing administrators to assign different permissions to users.
  • Users are responsible for ensuring that permissions are assigned correctly and that access is revoked when necessary.

12. White-Label Branding

  • Mariners Log does not offer white-label branding or customized branding options.

13. Use of Artificial Intelligence (AI) and Machine Learning (ML)

  • Mariners Log safely uses machine learning (ML) and artificial intelligence (AI) to provide predictive maintenance insights and decision-support tools.
  • Our secure AI/ML models analyze historical data to improve maintenance schedules, operational efficiency, and risk management.
  • User Responsibility:
  • AI-generated recommendations are based on probabilistic models and do not guarantee exact outcomes.
  • Users remain fully responsible for their operational decisions, maintenance schedules, and safety protocols.
  • Mariners Log's AI does not replace regulatory compliance or manufacturer recommendations.

14. Limitation of Liability & Disclaimer

  • Mariners Log is a decision-support tool and does not replace professional judgment.
  • Kengineer Limited and Mariners Log do not accept any liability for damages to equipment, personnel, or operations resulting from the use of this Software.
  • Regulatory Compliance Disclaimer: Mariners Log does not ensure compliance with maritime regulations. Users must verify that their flag state and relevant authorities accept the use of Mariners Log.

15. Governing Law

  • These Terms are governed by the laws of New Zealand.
  • Disputes will be resolved through arbitration or the courts of New Zealand.

16. Changes to Terms

  • The Company may update these Terms at any time. Continued use of the Software implies acceptance of the updated Terms.

17. Contact Information

  • For any questions regarding these Terms, contact us at admin@marinerslog.co.nz.