Terms and conditions
MARINERS LOG TERMS AND CONDITIONS
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 a 30-day free trial.
- 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. Free Trial and Subscription
- Users are entitled to a 30-day free trial upon initial registration.
- After the trial period, users must subscribe to a paid plan to continue using the Software.
- 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 after the trial period will result in suspension of access to the Software.
6. Payment and Billing
- Subscription Fees: After the 30-day free trial, 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 will increase between 7% - 20% upon renewal every 12 months. 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.
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 exceeding the trial 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
- At this stage, Mariners Log does not integrate with third-party software, including PMS, ERP, or fleet management systems.
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.
Mariners Log
Mariners Log Engineering
The ultimate super yacht management system