This user agreement (“Agreement”) is made between ERNE S&P FZE LLC, a company established and existing under the laws of UAE (Ajman Free Zone), reg. number 43012 (“Compan
This user agreement (“Agreement”) is made between ERNE S&P FZE LLC, a company established and existing under the laws of UAE (Ajman Free Zone), reg. number 43012 (“Company”), sets out the terms of use of the website at the domain e-shipsale.com and the mobile application eSHIPSALE (“Platform”), owned and operated by the Company, for user of the Platform (“User”, “You”). The Agreement is published and is constantly available at https://e-shipsale.com/p/terms-and-conditions. You accept this Agreement by (a) visiting the Platform, (b) using any feature of the Platform, or (c) signing up / registering (creating an account) on the Platform, whichever occurs first. By this, You confirm your legal capacity to conclude and perform the Agreement, your age (for individuals) and your authorization (for legal entities). The Agreement may be updated from time to time, and you may access any version (see the available versions at the end of the document). In the event of any changes, we will notify you in appropriate manner. Publishing of a new version of the Agreement at https://e-shipsale.com/p/terms-and-conditions is a sufficient way of notification the User without prejudice to the right of the Company to notify the User by email or otherwise. Please visit https://e-shipsale.com/p/privacy-policy to read the Privacy Policy (“Privacy Policy”) regarding processing your personal data. REGISTRATION OF THE USER The Company at its discretion may restrict the provision of certain technical features of the Platform or Company’s services by the fact of the User’s registration or verification, and/or type or level of the User’s verification. The User can be an individual or a legal entity who accesses and/or uses the Platform for commercial purposes (or purposes other than for personal needs) in accordance with this Agreement. The Platform is intended and designed for business-to-business (B2B) use. To create an account, the User enters and submits to the Company, through the Platform, a registration form containing accurate and current information as required by the form. The User shall complete registration by providing the required information, confirming their email address, and accepting this Agreement. Registration is considered completed once the User’s account is created on the Platform. This does not limit the Company’s right to request additional documentation, deny registration, or delete an account if there are reasonable doubts regarding the User’s identity, the accuracy of the information provided, or compliance with this Agreement. The User acknowledges that granting or maintaining access to the Platform, or to certain parts of it, may depend on the User’s verification, subscription, payment applicable fees, and provision of the data requested by the Company. Access may be limited if verification is not completed or the subscription is not paid. The User must provide the Company with accurate and up-to-date information when registering account and promptly update this information in case of any change. The User confirms that any information provided by the User is not confidential and may be processed under the Agreement. Providing incomplete and/or inaccurate data during registration or verification or failing to ensure the accuracy or completeness of data provided constitutes a basis for the removal of the User’s account or its suspension until any issues have been resolved. The User bear all the risks arising from the removal or suspension of the User’s account. The Company in the case of reasonable doubts as to the accuracy of data provided by the User has the right (but is not obligated) at any time to request from the User additional information confirming the relevant data specified during the creation, modification, update, verification, or use of the account. The Company determines the time and form of the response. The failure to provide the documents or information in accordance with this clause can lead to the consequences described in clause 6.4 of the Agreement. By providing the Company with an email or other details, the User confirm that the User is the registered user of this email account or other mean of communication being used. Users cannot create "fake" accounts or accounts on behalf of other person/entity without proper authorization to act on behalf of another person/entity. Any transactions involving the transfer of rights, access and/or use of accounts for remuneration within the Platform are prohibited unless approved by the Company. Such prohibited transactions include but not limited to “purchase” or “selling” accounts, assignments of rights to access or use accounts. If the Company has reasonable grounds to believe that the User’s account was created to bypass the blocking or removal of another account or to access the Platform or to bypass other restrictions imposed by the Company or stated in law, this constitutes a basis for removal or blocking the User’s account. The Company at its discretion can restrict the User's choice of authentication data (in particular, limits on the number and types of symbols used in authentication data, their sequence, the prohibition of certain combinations of characters as logins, passwords and other authentication data). The User is obliged to select the authentication data subject to these restrictions, and, subject to the Company's notice, in the period established by the Company, to update the authentication data used by the User for the purposes of their compliance with the new requirements of the Company. In any event, the login, username and/or other information provided by the User when creating or modifying an account, except for the password, must comply with the applicable laws and should not violate the rights and legal interests of third parties. The User is solely responsible for ensuring that the provided data complies with these requirements. The User shall: (i) keep authentication data confidential and not disclose it to third parties; (ii) ensure that no third parties have access to such data or to the User’s account; and (iii) use authentication data that is secure against unauthorized access, brute-force attacks, and similar methods. The Company will take reasonable measures to protect users’ authentication data but cannot guarantee its complete security, as this depends on factors beyond the Company’s control, the nature of the Internet, the actions or omissions of users or third parties, and potential criminal activity. The User is required to immediately inform the Company about any unauthorised access to the User’s authentication data or account or if the User suspect that the User’s account has been accessed without authorization by a third party. The User cannot for any purpose provide control over an account to another individual or entity (including by transferring authentication data, changing authentication data in accordance with the instructions or others or by any other means). Any actions taken using authentication data or the User’s account are deemed to be the User’s actions unless the User notified the Company of unauthorized access to the User’s authentication data prior to such actions. The User bears solely all risks resulting from the accidental loss, destruction or disclosure of the User’s authentication data. The Company can, in the case of a long (more than twelve (12) months) failure to use the Platform by the User, block or delete the User’s account, and also to limit the list of available functionality of the Platform on the account or to delete the User’s data stored by the Company and accessible through the account. SERVICES OF THE COMPANY The Company provides users with the opportunity to publish and view information (in some cases, an advertisement) on the Platform. The Company acts solely as a platform operator (information intermediary) and is not a party to any agreements or transactions between users of the Platform. According to relevant features of the Platform the Company may provide advertising services, other placement services, and access to the extended functionality of the Platform. The scope, terms, and fees for such services are determined by the Company and specified in the Agreement and/or on the webpages (interface) of the Platform. In particular, the Company is entitled to change fees without prior notice to the User. The Company provides only information services and is not a seller or purchaser of any goods or vehicles (including ships), offered or purchased by users using the Platform. Scope of functions or services available to the User may depend on type of the User’s subscription and role (such as “buyer”, “seller”, “broker”, “observer” but not limited to). Information about roles and subscription benefits is available (a) on the Platform, at specific (subscription or other) webpages (interface), in annexes to this Agreement (if any), (b) could be send via email, or (c) by other means. This information and relevant conditions construe a part of the Agreement. The Company can change this information / conditions by communicating their new versions to the User or in the same way as amendment of the Agreement. PAYMENTS AND SUBSCRIPTIONS Under this Agreement, the Company provides the User with access to special features of the Platform for the subscription period, subject to the terms of this Agreement. Payments under this Agreement may be made only through the payment methods available on the Platform, as determined and managed by the Company at its sole discretion unless the Company provided the User with other option. The Company may add or remove payment methods at any time without prior notice. All subscription fees and fees for the Company’s services are non-refundable. The User will not be entitled to a refund, or any form of compensation, inter alia, if (i) the User does not use or access the Platform and subscription features during the subscription period, (ii) if the User’s role or Account is suspended or terminated because of a breach of this Agreement by the User, or (iii) if advertisement or other paid publication on the Platform is deleted due to a violation of this Agreement or the Platform’s rules. Any payments cover possibility to access the Platform’s additional features, or the Company’s services for the stated term, regardless their actual usage. In cases, where a refund is required by law, the Company will process the refund within thirty (30) days from the later of (a) the date the relevant circumstances arisen, or (b) the date the Company receives a valid refund request. ADVERTISEMENT The Company may provide the User with features to publish the advertisement, ship information or other types of publications on the Platform, available through interface of the Platform, either for a fee or free of charge (at the Company’s discretion). The User shall add all required information about the ship, vehicle or other object of the advertisement in accordance with the form and requirements established on the Platform. The Company may request additional information from the User and supporting documents (including but not limited to an IMO number and an ISM Certificate). If the required information (or its part) is missing, the Company may refuse publication of advertisement at its sole discretion The advertisement or other free/paid publication made or posted by the User shall be accurate, reliable and up-to-date, comply with all applicable laws and regulations, including legislation relevant to location, where the Company or other users (advertisement consumers) are placed. The User is solely liable for the advertisement or other free/paid publication, its content and form. The User shall indemnify the Company and reimburse any losses to the Company result from non-compliance of the User’s advertisement or other free/paid publication with applicable laws. To the extent permitted by the law the Company is entitled to place the advertisement as banner and in any other form or send information / marketing messages within an option to unsubscribe from them. Access to certain advertisements or other publications may be provided on a paid basis or under other conditions as determined by the Company. The Company may set and change the terms, scope, and cost of such access at its discretion. The advertisement and other publications are subjects to the requirements set forth in Section 6 of this Agreement. CHAT FEATURES The Company provides communication feature to users on the Platform (“Chat”). The Сhat is designed for communication between users in relation to an offer to buy or sell goods / vehicles using the Platform (including ship, vehicle or another item). Each Сhat is linked to one certain ship, vehicle or another item and cannot be used for discussing any information unrelated to certain item. The User shall use Chat in order to discuss a transaction regarding a specific ship, vehicle, another item or the offer made or received by the User. Otherwise, the User shall recognize higher risks, including risks of fraud, arising from use of the means of communication, which are not designed by the Company and not a part of the Platform. The Company is entitled to access any information in the Chat, including users’ messages, by automatic (using AI or other means) or human review which shall not be construed as the Company’s obligation to monitor, moderate, or otherwise control such information. Chat messages subject to the requirements set forth in Section 6 of this Agreement. ACCEPTABLE USE POLICY The User shall not take any actions, including in respect of creating, storage, transmitting, distributing, or providing information, if such actions are made with the direct or indirect use of the Platform (including any mention of the Platform) and: committing an unlawful act (even if such an act is not committed directly by use of the Platform) which may be connected to fraud, money laundering, terrorism or extremism, tax evasion, corruption, slavery, illegal pornography, sexual offence, distribution of illegal pornographic material, illegal betting, the manufacture or sale of prohibited or restricted items (including narcotic substances, alcohol or explosives), incitement of other persons to unlawful activity or harm to themselves; leading to any breach of a legal regulation by the User and/or the Company, including national, state and/or international law, terms of the Agreement or generally accepted moral and ethical standards; breaching the exclusive or moral rights of third parties, including when such content is protected by copyright or related rights; distributing the advertisement or other publication, as well as engaging in any commercial activity not related to the subject matter of the Platform or not permitted by the Company; distributing any kind of political advertisement or publication; transmitting or distributing information contrary to rights of third parties, including when such information is libelous, discrediting or insulting, breaches privacy, discloses other’s personal correspondence, contains hate speech, threats, or breaches the rights of children; false attribution; distributing, transmitting, or storing information which the Company has classified as undesirable and/or which constitute a breach the Agreement; leading or may lead to compromising the operation of the Platform; The User must independently determine the legality of any of his/her actions. The User solely assesses legality of any publication, transmitting, distribution, and storing of the information using the Platform. It is also prohibited for users: to take any actions to misrepresent or impersonate the Company, and/or other entities and individuals, using misleading usernames, addresses or taking similar actions; to transmit or distribute unsolicited information, including “spam”, “junk”, “chain” letters or messages; to use the Chat for any purposes not provided for in clauses 5.1-5.2 hereof; to, directly or indirectly, collect, extract, copy, record, or otherwise obtain any data or information from the Platform, whether manually or through automated means (including but not limited to bots, spiders, crawlers, parsers, or “OSINT” tools), without the prior written consent of the Company; to use any data, content, or information obtained from the Platform for the purpose of developing, training, or improving artificial intelligence (AI) systems, machine learning models, or similar technologies, whether manually or through automated means; to get an access to the Platform, which contradicts the rules stated hereof, including any kind of unauthorized access. The Company can remove any information and/or block the User if the User is a sanctioned person / entity, acts on behalf of or for the benefit of a sanctioned person / entity, or publishes information for a sanctioned ship, vehicle or another item. This right also applies if the Company has reasonable grounds to suspect that use of the Platform will violate relevant international, national, or regional sanctions imposed by any competent authority. The User shall inform the Company in advance that the User or its ship, vehicle or another item is or may be subject to any sanctions. For the purposes of this Agreement, sanctions shall include any applicable restrictive measures, embargoes, or prohibitions. Breach by the User of any of the provision of the Agreement may lead to deleting the advertisement or publication, removal or blocking the User’s account subject to the consequences stated in clause 3.3 hereof. In case of any doubt or uncertainty, it shall be deemed that the Platform may be used exclusively for purposes directly related to the purchase and sale of ships, vehicles or other items. INTELLECTUAL PROPERTY The Company grants the User a limited, nonexclusive, non-transferable license, subject to these Agreement, to access and use the Platform, and the content, materials, information, and functionality available in connection therewith (collectively, the “Content”) solely for information or and the provision of the Features as expressly permitted by the Company from time to time. Any other use of the Platform or the Content is expressly prohibited. The User will not copy, transmit, distribute, sell, resell, license, decompile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another Platform, or in any other way exploit any of the Content or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, the User will not frame or display the Platform or Content (or any portion thereof) as part of any other website or any other work of authorship without the prior written permission of the Company. The User may not copy, imitate or use them without the Company's prior written consent. The User will not, nor will the User authorize or encourage any third party to (i) use the Services to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Company; (ii) use any robot, spider, other automated devices, or manual process to monitor or copy any content from the Services. Exclusive rights to the Platform, including the software, images, audiovisual, literary, and other works included therein (except information, posted by the User or other users), shall belong to the Company. The User shall independently verify the legality of the intellectual property objects used through the Platform and shall be solely responsible for the violation of intellectual rights. The User shall preserve and refrain from unauthorized changes or deletions of copyright information, authors' names, except where this leads to the violation of applicable legislation by the User. Nothing in the Agreement may be interpreted as granting the right to use the means of individualization or domain names the rights to which are held by the Company. The use of such objects shall only be possible with the separate prior written consent of the Company. Nothing in the Agreement may be interpreted as alienation (transfer in full) of the Company's exclusive rights to any intellectual property objects. By publishing on the Platform or transferring via the Platform, including in connection with the publication the advertisement or other information on the Platform, any intellectual property objects, the User thereby grants the Company a royalty-free non-exclusive worldwide license for the duration of the exclusive right to use such objects by any means (including by reproduction, distribution, communication to the public, processing and other means) to perform the Company’s activities via the Platform, and/or to promote and advertise the Platform on third party resources, and/or for other purposes consistent with the architecture and normal functioning of the Platform (both separately and in interaction with other Internet sites and software). The rights granted to the Company under this clause may be transferred or granted by the Company to third parties. The User guarantees that the User: is and will be the sole copyright holder of the intellectual property objects specified in clause 7.9 of the Agreement during the period of validity of the license specified clause 7.9 of the Agreement; and obtained all permits and consents from third parties necessary to fulfill clause 7.9 of the Agreement. LIABILITY The Platform, its contents, design, and any computer programs related to the Platform, the rights to which belong to the Company, are provided on an “as is” basis. The Company does not provide any assurances regarding the features of the Platform or Services and their compatibility with each other, as well as with other sites and computer programs. The Company can at its sole discretion change the Platform, including supplementing or reducing the features of the Platform. Nothing in the Agreement shall be construed as a guarantee of the Company of the absence of errors or other shortcomings in the functioning of the Platform, and its matching to the User's expectations or the usual requirements for similar information systems and computer programs. The User agrees that the Company is not obliged to edit any information posted by users on the Platform and to moderate such information to check its compliance with the terms and conditions of the Agreement or the law. An exception may be made in cases where the Company introduces technical means that are aimed at stopping the use of the Platform in ways that are contrary to the terms of the Agreement or the law. However, there is no guarantee that such means prevent any kind of unlawful use of the Platform. The User is aware that the Company is not responsible for any illegal use of the Platform by the User or other users and is not liable for such violations. Nothing in this Agreement shall be construed as an obligation of the Company to verify users (including KYC procedures or sanctions compliance checks) unless otherwise provided by applicable laws. Such responsibility lies solely with the User. The Company may, at its discretion, establish and apply restrictions related to the use of the Platform’s features, including the amount of data that is stored, placed and/or transferred by the Company; the period of storage of information by the Company; the number of requests that can be submitted to the Platform over a certain period of time; the time when the Platform is accessible by the User; the ability to automatically (with the use of aggregators, "bots" or other third-party computer programs) access all or some of the features of the Platform. Restrictions established by the Company may be communicated to the User in any way, including by setting technical restrictions on the Platform, posting such information on the Platform and sharing such information using the User's contact information. The User has no right to use the Platform in any way other than for the purposes established by the Company. The Company is not liable to the User or third parties for any adverse consequences that result due to such restrictions. The Company may (but is not obligated) at any time and at its discretion to change (including add and reduce) the functions, structure and Content of the Platform and include information on it without prior notification to the User or the User’s consent, including in respect of amendments, changes, improvements, additions to the Platform as well as display on the Platform or distribute with its assistance advertisements of any kind provided they are in accordance with the law. The Company may at any time change the Platform to comply with the requirements of law. The Company shall bear any responsibility in case of the Company’s fault in breach of the Agreement. According to this Company is not responsible for any temporary or permanently, partial or complete unavailability of the Platform as well as any consequences which affect users or third parties in connection with the unavailability of the Platform, including if this results in material or emotional harm, damages to hardware or programs of users or third parties. The User agree that third parties placing links to third-party computer programs, sites, posting files and other information via the Platform, may cause harm caused by the spread of malicious programs which may include the following: destruction of data, unlawful access to the account and data of the User or performance of actions without his/her permission, deletion or slowing down software, the appearance of error mistakes including hardware and software faults. The User is obliged to take independent measures to protect against such malicious programs. The User must independently determine the necessity of using such measures and bear all the risks associated. The User bears all the risks associated with visiting the sites of third parties, using third-party computer programs, even if to such sites or programs are directly or indirectly linked to information posted on the Platform. The User undertakes to promptly notify the Company of potential incidents of distribution and use of malicious programs, unauthorized access to information contained on the Platform, damage to such information or restriction of access to it. The Company is not liable for any breach of the Agreement by the User affecting other users and/or third parties, but the Company may delete or change information posted by the User through the Platform, suspend or block Account, to give effect to the Agreement or law, including protecting the interests of other users. The Company is not obligated to compensate and does not incur any liability in any way for an actions or omissions of other persons or entities which cause the User loss in any form, including financial, emotional, or damage to the User’s reputation or any losses that result from fraudulent activities. The actions of the Company to identify and warn users of potentially unlawful activities does not give rise to any obligation or form grounds for the Company to incur any liability for the damage caused by such activities. The Company will not incur liability for any losses caused to users by the Company complying with a court decision or instructions from a government department or authority. The Company is not obligated to verify the lawfulness or to challenge the lawfulness of such court decisions or instructions. The Company may partially or in full (but temporarily) restrict access to the Platform in order to prevent cyberattack or any other treat with no obligation to refund the User’s payments or compensate any User’s losses. The Company's liability, including liability for damages and losses, incurred by its actions or omissions, arises only when there is direct fault on the side of the Company as knowledge or intention in the breach of law of the Agreement. The amount of the Company’s liability is limited by the Company’s remuneration for previous three (3) months or by amount of $1,000 (whichever is lower), unless a higher amount is not provided for by law. PERSONAL DATA The Company's processes User's personal data in accordance with the Privacy Policy available at https://e-shipsale.com/p/privacy-policy. During the performance of the Agreement parties may access to information that includes personal data of the party's representatives, employees and contact persons. The parties to the Agreement shall process personal data of the specified data subjects as independent data controllers exclusively for interaction between the parties, fulfilment of obligations, accounting, handling disputes and complaints, and performance of other obligations under the Agreement. The parties to the Agreement shall ensure compliance of personal data processing to the applicable data protection legislation, including the Federal Decree Law No. 45 of 2021 Regarding the Protection of Personal Data. MISCELLANEOUS This Agreement and any relations between the User and Company related to the Agreement are governed by the law of the United Arab Emirates. Any disputes related to the entering into or performing of the Agreement, are to be heard in English (if applicable) by a competent court at the location of the Company, unless contrary to law. To the extent permitted by the law, the parties of Agreement refuse to exercise any right to a jury trial or to join a class action on a dispute arising out of the Agreement. The User can opt-out and not be bound by this waiver by sending written notice to opt-out to the address and in the order as it is indicated in clause 10.11 hereof. The Company has a right to, but is not obligated to, resolve any disputes or conflicts or assist in their resolution with users or between users and third parties. The parties of Agreement are not liable for violation of the Agreement if it is caused by unforeseeable and unavoidable circumstances, including acts of God, acts of any government, international, state, municipal or local authorities, war or civil unrest, severe weather, fire, natural disasters, political embargos, power or equipment failure, massive shutdowns, industrial or labor disputes, or any other force majeure event. The Company can withdraw from the Agreement in the event of violation by the User of its terms. The User is obliged to compensate the Company for any losses caused by violation of the Agreement. The invalidity of part(s) of the Agreement does not result in the invalidity of the Agreement as a whole. Instead of the invalidated provision, the closest meaningful provision that the parties of Agreement would have had in mind will be applied. Nothing in the Agreement is to be construed as establishing between its parties of Agreement a partnership, joint venture or other similar categories of relations. The Company may unilaterally amend the Agreement. An amended version of the Agreement comes into force on the date of its publication on the Platform unless the Company states otherwise. For avoidance of doubt, such amendments shall not be subject to negotiation or acceptance by the User. However, use of the Platform’s functionality shall be deemed to constitute the User’s acceptance of the amendments. The Company may unilaterally terminate the Agreement upon thirty (30) days prior notice to the User. Publication of such notice on webpage (interface) shall be sufficient to notify the User. The Company can send to the User service / technical messages via the Platform, e-mail, by means of short text messages/SMS as well as in writing. The Company solely selects the method of communicating with the User. Users can submit any enquiries (reports, complaints etc.) regarding the Agreement by e-mail at support@e-shipsale.com. Enquiries in writing can be sent to the following address: AMC-BLA-B.C-6010809, AMC - Boulevard-A Building, Ajman Media City. The User should specify full name and other details necessary for full and competent review of the User’s request. Last update: 24 April 2026
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