Terms and Conditions

1. OWNERSHIP OF THE WEBSITE AND ACCEPTANCE OF THE TERMS OF USE

The reading and acceptance of these TERMS AND CONDITIONS OF USE (hereinafter, the "Terms of Use") is a necessary condition for the use of the services of the www.tobecertified.com website  (hereinafter, the "Website") and the mobile application "To Be Certified for professionals" (hereinafter, "the App"). 

The Terms of Use constitute General Terms and Conditions of Contract, are contractual and obligatory in nature and govern the relationship between any user of the Website and the App (hereinafter, the "User") with TO BE CERTIFIED, S.A. (hereinafter, "To Be Certified"), a Panamanian company, domiciled in Corregimiento Ciudad de Panama, Panama District,  Panama City, registered in the Mercantile Registry of Panama with Folio NÂș155733136, with e-mail: info@tobecertified.com.

The use of this Website or the App and its services implies full acceptance of the provisions included in these Terms of Use in accordance with the version published by To Be Certified at the time the User accesses the Website or the App. The use of the services offered to Professionals (as defined in clause 2 "Description of the Service") through the Website or App is subject to its own specific conditions which, as the case may be, replace, complete and/or modify these Terms of Use. Therefore, prior to using these services, the Professional must also carefully read and accept the corresponding specific conditions, if applicable.

2. SERVICE DESCRIPTION

The purpose of the Website and the App is to provide an advertising service that allows professionals, companies, recognized organizations and classification societies related to the maritime sector and certification services for a ship  (hereinafter, "the Professionals"  or individually, "the Professional") to advertise and advertise their services to clients who require those specific services (hereinafter,  "the Clients", or individually considered, "the Client"). Clients may also advertise their requests for quotes, so that interested professionals can contact them with information about those services.

To Be Certified offers its Clients information on professionals, companies, recognized organizations and classification societies related to the maritime sector in general and services for vessels, as well as the possibility of requesting quotes from professionals and contacting them. In addition, the service includes information about the Professionals, as Clients can publicly comment on the Website and in the App about the service offered by the referred Professionals.

To Be Certified does not intervene in any case in the negotiations carried out between the Client and the Professional, remaining outside of them at all times, nor in the execution of the work agreed between the Client and the Professional, so it is not responsible, in any case, for the work carried out by the Professional to the Client,  or the fulfilment of the Client's obligations to the Professional, the Client and the Professional expressly exempting To Be Certified from any disagreement that may arise between them.

3. AGE AND LEGAL CAPACITY

The Website and the App are aimed at persons of legal age who have the full legal and legal capacity necessary to use them. Minors under this age are not authorized to use either the Website or the App and therefore should not use its services, so To Be Certified reserves the right to cancel and cancel the data of those Users who, having been required to do so, do not prove to the satisfaction of To Be Certified that they are of legal age.

4. USER REGISTRATION

To Be Certified conditions the use of some of the services to the prior completion of the corresponding User registration, either as a Professional or as a Client, having to indicate at least the information marked with an asterisk and choose a username and an identifying password. The User may unsubscribe from the To Be Certified registration at any time by writing to info@tobecertified.com.

The User undertakes to keep his/her username and password confidential and to use them with due diligence. The User undertakes to notify To Be Certified as soon as possible of the unauthorized use of his/her username and password or any other breach of security. To Be Certified shall not be liable for any damages or losses that may arise due to your failure to comply with this obligation.

The User is solely responsible for the information provided in his/her registration, guarantees that the data provided to To Be Certified is true and up-to-date and is responsible for notifying To Be Certified of any modification thereof and for keeping all the information provided updated so that it responds at all times to his/her real situation.

5. REQUEST FOR A QUOTE

To Be Certified offers Clients the ability to request quotes from Professionals who advertise. To this end, the Registered Client provides the information and characteristics of the work for which he/she wishes to request a quote and undertakes to ensure that it is truthful and in line with reality. In any case, the Client or the Professional will be solely responsible for any false or inaccurate information provided and for any damage that may be caused to To Be Certified or to third parties by such information.

By requesting a quote, the Client consents to the transfer of his/her contact details and the content of his/her request to third parties. Thus, To Be Certified will provide this data to the Professionals within the established parameters, in order for them to contact it to provide the requested quote or information on the requested service. Such communication of personal data is necessary to carry out the service requested by the User and is regulated in the Privacy Policy.

On the basis of the information provided by the Client and, where appropriate, the visit made by the Professional, the latter makes a budget that will be binding on the Professional if accepted, unless the description of the work does not correspond to reality, the Client has not provided complete information or an estimated or indicative estimate has been provided by the Professional. In this case, the Professional may modify the budget according to the reality of the work to be carried out.

The Client is not obligated to accept any quotation that has been provided to them by Professionals contacted through To Be Certified.

The Client may inform To Be Certified of any irregularity detected with respect to the Professionals who advertise through the Website, although To Be Certified is not responsible for the work or professionalism of the Professionals advertised on the Website. If To Be Certified becomes aware that any User is in violation of current legislation, it will immediately proceed to cancel their account.

6. MODIFICATION OR DELETION OF PROFESSIONAL INFORMATION

The User may exercise his/her rights of access, rectification, cancellation and opposition by sending an email to info@tobecertified.com. For more information on To Be Certified's use of the data it receives, please see our Privacy Policy

7. USE OF THE SERVICES AND WEBSITE

Users undertake to use the services offered through the Website and the App in accordance with current legislation, these Terms of Use, the specific conditions that are specified for certain services and other notices and instructions made known to them, as well as with generally accepted morality and good customs and public order.

Users renounce to use any of the materials and information contained in this Website or in the App for illicit purposes or expressly prohibited in these Terms of Use, as well as the particular conditions that, where applicable, are enabled, or against the rights and interests of To Be Certified.  its members or third parties and shall be liable to them in the event of contravention or non-compliance with these obligations or, in any way (including the introduction or dissemination of "computer viruses") damage, disable, overload, deteriorate or prevent the normal use of the materials and information contained in the Website or the App, the information systems or the documents,  files and all kinds of content stored on any computer equipment (hacking) of To Be Certified, its members or any User of the Website or App.

Website and App Anti-Spamming Policy

Users undertake to refrain from:

Users or third parties harmed by the receipt of unsolicited messages may report such circumstance by sending a message to the following email address: info@tobecertified.com 

Suspension or Revocation of the User

If To Be Certified considers that the User does not comply with these Conditions, it reserves the right to suspend or revoke its registration and the right to access or use the Website and the App at any time and without liability or need to inform the User.

To Be Certified may use any operational, technological, legal, or other method available to enforce these Terms (including, without limitation, IP address blocking).

To Be Certified may notify the User about the blocking or cancellation of their access to the Website, although it is not obliged to do so.

8. REVIEWS

Clients may include opinions and comments regarding the Professionals registered in the Professional Directory. Such opinions may be based on those services provided as a result of the use of the Website or the App or on those others carried out outside the Website or the App. To Be Certified reserves the right to publish, extract, summarize or abbreviate the content of the opinions made by the Customers.

The User undertakes not to transmit, disseminate or make available to third parties content or comments or opinions that, by way of example and not exhaustive:

To Be Certified reserves the right to remove from the Website and the App all comments and opinions that are not in accordance with these Terms of Use. Under no circumstances is To Certified responsible for the content or opinions expressed by a User on the Website or App.

Likewise, To Be Certified reserves the right to modify the content published by the Professional on the Website or in the App, for the sole purpose of advertising to attribute a better presentation and distribution on the Website or the App, and to highlight the characteristics of the services offered, as well as to adapt the content to the style and minimum quality of To Be Certified. To this end, the Professional authorizes To Be Certified to, free of charge, make such modifications or adaptations, freely reproduce, distribute, advertise or exploit in any form or means such content published by the Professional, renouncing any economic content rights that may correspond to it, by way of compensation or any other title.

 9. INTELLECTUAL AND INDUSTRIAL PROPERTY

To Be Certified owns the following domain names:

The Website and the App in their entirety, including without exclusion their design, structure and distribution, texts and contents, logos, buttons, images, drawings, trademarks, trade names, source code, creatives, as well as all intellectual and industrial property rights and any other distinctive sign, belong to or have as assignee To Be Certified or,  where applicable, to the natural or legal persons who appear as authors or holders of the rights or their licensors, without it being understood that the use of and access to the Website and the App and the use of their services confers on the User any right over the aforementioned elements. The User undertakes to respect these rights.

Material published by Users

The User is the owner of all the material published on the Website and in the App, as long as he or she is really the legitimate owner of what he or she publishes. By posting it, the User warrants that he/she has permission to do so and automatically grants a non-exclusive, continuous, and universal license to To Be Certified to use it. To Be Certified may assign or transfer the above license to its affiliates and successors without the User's consent. To Be Certified reserves the right to disclose the User's identity to third parties who claim that material published on the Website and App violates their intellectual property, privacy or other rights.

To Be Certified shall not assume any liability for the intellectual or industrial property rights owned by third parties that are infringed by a User.

It is forbidden to reproduce, exploit, alter, distribute or publicly communicate the Website and the App for uses other than legitimate information or contracting by Users of the services offered.

By using the Website or the App, the User acknowledges that he/she does not have any ownership rights or licenses over them.

To Be Certified informs of the existence of a system for claiming rights to the content published on the site, by sending an e-mail to the following address: info@tobecertified.com.

10. EXCLUSION OF WARRANTIES AND LIABILITY

Except in those cases expressly described in these Terms of Use and the rest of the regulatory framework of this Website and the App, To Be Certified is not responsible for damages of any kind that may be due to the lack of accuracy, exhaustiveness, timeliness, as well as errors or omissions that may be due to the information and services contained in this Website or in the App or in the App or in the App. other content that may be accessed through the same, nor does it assume any duty or commitment to verify or monitor its content and information.

Exclusion of guarantees and liability for the operation of the Website and its services

To Be Certified does not guarantee the availability and continuity of the operation of the Website, the App and its services. To Be Certified will endeavor to provide sufficient notice of any interruptions that may occur in the operation of the Website, the App and its services whenever possible. To Be Certified, or its server, may not be free of viruses, bugs, spyware, Trojan horses, or similar malicious software. To Be Certified is not responsible for any damage to your computer hardware or software or other technology. It is also not responsible for any loss of information as a result of the transmission, use of data or erroneous content posted by Users.

To Be Certified excludes, to the fullest extent permitted by law, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Website, the App and its services or the defrauding of the usefulness that Users may have attributed to the Website or the App and its services and,  in Client, although not exclusively, to failures in access to the different web pages that make up the Website.

Exclusion of guarantees and liability for the use of the Website, the App, the services and the contents by the Users

To Be Certified does not guarantee that Users will use the services and contents of the Website and the App in accordance with these Terms of Use and, where applicable, with the specific conditions that may apply, or that they will do so diligently and prudently. To Be Certified does not guarantee the veracity of the data that Users provide about themselves, either in their registration area or in their participations in the Website and the App. Likewise, To Be Certified does not guarantee that the content posted on the Website or in the App by Users complies with the provisions of these Terms of Use.  with the particular conditions and with the legislation in force. To Be Certified excludes any liability for damages of any kind that may be due to the use of the services and content by Users, or that may be due to the lack of veracity, validity or authenticity of the information that Users provide to other Users about themselves and,  in particular, but not exclusively, for damages of any kind that may be due to the impersonation of a third party carried out by a User in any type of communication made through the Website or the App.

Disclaimer of Warranties on Links to Other Websites

This Website or App contains links or hyperlinks to other websites. The User should be aware that To Be Certified is not responsible for the privacy practices or the contents of these other websites. We recommend that Users are aware that by using one of these hyperlinks they are leaving our Website or the App and should read and review the general terms and conditions and privacy policies of those other websites.

Exclusion of guarantees for the qualification of the Professionals and the execution of the agreed works'

To Be Certified will not intervene in any case in the negotiations carried out between the Client and the Professional, remaining outside of them at all times, so it will not be responsible, in any case, for the fulfillment of the Client's obligations to the Professional, expressly exempting the Client and the Professional from any disagreement that may arise between them.

It is the sole responsibility of the Client to verify the suitability of the services offered by the Professional, and that they are adapted to the needs of the Client. The Client also assumes the responsibility of examining the qualifications, qualifications and professional competence of the Client, as well as of carrying out the appropriate follow-up on the work commissioned, the materials and the suitability, aesthetic or not, to what is required by the Client and agreed in the appropriate quote. Under no circumstances will To Be Certified control or intervene in the execution of the work by the Professional, nor in the suitability, quality or result thereof, so To Be Certified excludes, to the fullest extent permitted by law, any liability for damages of any kind that may be due to the execution or result of the work entrusted to the Professional.  and the Client expressly releases To Be Certified from any discrepancy, liability, damage, prejudice or impairment as a result of the hiring or work performed by the Professional.

11. GUARANTEE TO BE CERTIFIED

Without prejudice to the provisions of section 10 above ("Exclusion of Guarantees and Liability") which may apply in any case, To Be Certified ensures that the Professional has the best experience using the Website or the App. For this reason, To Be Certified offers the guarantee of contracting services to its Professionals.

The To Be Certified Guarantee results in the return of payments made by Professionals to the To Be Certified Website or App that arise from accepted quotes requested on the website as of January 1, 2024 but not made official a posteriori between the client and the professional. 

HOW TO APPLY FOR THE WARRANTY

To do so, the Professional must:

  1. Make the refund request within a maximum period of THIRTY (30) days after the approval of the quote on the Website or App, informing of the causes or reason why the guarantee is requested.
  2. The request must be sent to info@tobecertified.com together with a letter from the client confirming the non-hiring of the professional and ratified by the professional, terminating any type of commercial agreement between the parties.

Once the return request has been received, To Be Certified must confirm receipt of the request within a period of no more than 7 business days, where the result of the evaluation of the request will be informed. At the end of this period, To be Certified will communicate to the Professional one of the following responses:

If the request is accepted, To Be Certified will execute the return within a maximum period of THIRTY (30) days from the confirmation of acceptance and coverage of the warranty. 

Simultaneously with the approval of the refund by To be Certified as a result of the warranty, the Professional will sign a document confirming the correct application of the warranty by To Be Certified and in turn confirming that the Professional will not make any future claims. This point is binding for the execution of the refund.