These Additional Terms and Conditions must be read in connection with AXSMarine General Terms and Conditions AXSMarine General T&C
AXSReader is an AXSMarine automated Service which operation is possibly supplemented with manual processing, aimed at delivering below “AXSReader Service”:
• Extracting from the Client’s emails the commercial open positions of vessels, defined as “Open Positions” for vessels looking for cargoes/employment, and convert such information into data accessible to the Client and its User(s) where applicable in the AXSMarine Product(s) and/or Modules the Client subscribes and/or has access to.
• Extracting from the Client’s emails the cargoes quoted on voyage basis or time-charter requirements for vessels defined as “Orders”, and convert such information into data accessible to the Client and its User(s) where applicable in the AXSMarine Product(s) and/or Modules the Client subscribes to.
It is clearly understood and acknowledged by the Client that AXSReader Service is not capable of extracting information contained in emails’ attachment(s).
Below Additional Terms and Conditions are applicable to Client and/or its Users in relation to the AXSReader Service.
“Confidential Information” means all data, content and information whether or not labelled as confidential contained in the Client’s emails and any attachments to the Client’s emails that AXSMarine will be collecting from the Client to perform the AXSReader Service.
2.1. AXSMarine staff may access Confidential Information while performing the AXSReader Service.
2.2. For the avoidance of doubt, AXSMarine confirms that data that is not Open Positions or Cargoes is not processed in any manner by AXSReader and/or AXSMarine.
3.1. AXSMarine shall not disclose Confidential Information to any third party and confirms that access to Confidential Information is limited to its employees and/or agents on a need-to basis during manual processing for delivering the AXSReader Service.
3.2. AXSMarine confirms that such persons are informed of this Agreement and about the confidential nature of the Confidential Information. AXSMarine shall procure such persons’ agreement to keep such Confidential Information confidential.
3.3. AXSMarine shall take all reasonable measures to protect the confidentiality and avoid the unauthorized use, disclosure, publication, or dissemination of Confidential Information; provided, however, that such measures shall be no less stringent than measures taken to protect its own confidential and proprietary information.
4.1. The obligation of confidentiality shall not apply with respect to the Confidential Information if:
4.2. It is in the public domain at the time of the Client’s communication to AXSMarine.
4.3. It entered the public domain through no fault of AXSMarine after the Client’s communication to AXSMarine.
4.4. It was lawfully in AXSMarine possession, free of any obligation of confidence, at the time of the Client's communication to AXSMarine.
4.5. Such information was developed or received by employees or agents of AXSMarine.
4.6. AXSMarine is under a legal duty to disclose the Confidential Information pursuant to an Order of Court and/or under the applicable law to the Agreement. Before AXSMarine discloses any Confidential Information pursuant to this clause, AXSMarine shall, to the extent practicable and permitted by law, use all reasonable endeavours to give the client as much notice of this disclosure as possible.
5.1. AXSMarine duty of confidentiality under the Agreement regarding the Confidential Information shall survive the terminations of AXSReader CNDA and the Contract.
5.2. AXSMarine duty of confidentiality applies whether AXSReader service is delivered pursuant to a free trial or a subscription to the AXSReader Service.
Last Updated: 11/03/2021