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TERMS OF USE


Last updated: 4 October 2022


The User who uses the Navionics website and the Navionics app for mobile “Boating” devices (“User”) declares and accepts to be bound by the terms of use set forth in this Agreement (“Agreement”). Absent any such acceptance, the Agreement may not be deemed finalized and, consequently, the User shall not be authorized to use the Platforms, as defined below.


NOTE: NAVIONICS ELECTRONIC CHARTS, BASED ON OFFICIAL DATA AS WELL AS ON OTHER SOURCES, PROVIDE ASSISTANCE FOR NAVIGATION AND ARE DESIGNED TO FACILITATE THE USE OF OFFICIAL NAUTICAL CHARTS AND NOT TO REPLACE THEM. ONLY OFFICIAL NAUTICAL CHARTS AND NOTICES FOR NAVIGATORS CONTAIN ALL THE INFORMATION NECESSARY FOR SAFE NAVIGATION AND, AS ALWAYS, THE CAPTAIN IS RESPONSIBLE FOR PROPER USE OF SAME.


1. Services


1.1 Navionics.com (“Site”) and the Boating apps (“App”) are Platforms devised and managed by Garmin Italy Technologies S.r.l. a socio unico and its affiliates (“Garmin”) which allow Users to visualize nautical charts supported by a variety of information, to create and calculate routes, in accordance with data provided by and uploaded by Garmin and its Users, directly on the Site, via the App or GPS plotters (“Platforms”). The use of the Platforms and the Services are governed by this Agreement in addition to all the documents and policies published on the Platforms.


1.2 By accepting this Agreement, the User acquires the right to use the nautical cartographic services freely available on the Site (“Services”), by way of example:

 

  1. (i) viewing nautical charts;
  2. (ii) calculating routes and itineraries using and viewing data and information (by way of example, port authorities, marinas, mooring, fuel distributors, restaurants and bars, shops, tides and currents) made available by Garmin.

 

1.3 In order to use some of the services it will be necessary to make periodic payments or purchase a subscription having a duration of one year (“Subscription”). The User may purchase nautical charts for GPS plotters (https://www.navionics.com/legal/terms-of-sales) or may download the app for mobile devices using the free trial period in order to assess whether they wish to proceed to purchase a Subscription. The Services for which the User may need a Subscription to use may include:

 

  1. (i) viewing nautical charts on the User’s mobile devices or GPS plotters;
  2. (ii) calculating, saving and modifying specific routes and itineraries on the User’s mobile device or GPS plotter;
  3. (iii) use of the SonarChart™ function (high-resolution bathymetric chart), if the User has a GPS plotter connected via NMEA, via Wi-Fi through compatible routers or by means of a mobile echo sounder;
  4. (iv) use of the Plotter Sync (software module making it possible to connect a Raymarine GPS chart to the Garmin servers by Internet in order to download/update the charts, the navigation waypoints, the routes and to upload the sonar logs);
  5. (v) viewing, sharing, modifying and attributing votes to the Community Edits, in other words content, comments and information shared by the Users and updated on a daily basis (by way of example, seasonal buoys, lighthouses, rocks, mooring, ramps, other marine information and points of interest on land such as restaurants and specialized shops) (“Content”), on the User’s mobile device or GPS plotter.

 

2. The User's Account


2.1 Users must create a personal, unique Account to which a unique Username and password will be associated (“Account Credentials”).


2.2 The User is required to adopt whatever measures are necessary to ensure that the Account Credentials are subject to the utmost confidentiality and the User accepts liability for any loss or damage to Garmin and/or to third parties as a result of failure to comply with the aforementioned confidentiality obligation. The User undertakes not to disclose the Account Credentials and the information accessible through same and undertakes not to allow access to the Platform or to the Services to others through the use of his or her Account Credentials or in any manner through his or her Account.


2.3 The User is required to provide Garmin with real, accurate information when creating the Account (and whenever they update their data) and, in order to guarantee Account security, undertakes:

 

  1. (i) not to provide false information;
  2. (ii) not to create false or duplicate Accounts;
  3. (iii) to update their personal information whenever requested in order to comply with the provisions of this Agreement;
  4. (iv) not to share or transfer the Account Credentials;
  5. (v) not to adopt as the Username or ID for his or her Account any names which breach the law or third-party rights (in such eventuality Garmin shall be entitled to suspend the registration or the Account until such time as the critical aspect arising with regard to the aforementioned name is resolved).

 

3. The User's Duties


3.1 The User acknowledges that his or her use of the Services in accordance with the agreement is essential for the correct operating of the platform and for usability of the Services by other Users. Specifically, when creating, modifying, managing and voting on Content, the user must comply with the provisions of this Agreement and applicable legal provisions, abiding by principles of good faith, truthfulness and fairness in dealings with the other Users.


3.2 The User undertakes to use the Platforms solely in accordance with this Agreement and solely for purposes of using the Services. Specifically, the User undertakes not to:

 

  1. (i) transfer or resell the Services or his or her right to use the Platforms to others;
  2. (ii) tamper with or operate on the Platforms hardware without Garmin's intervention and authorization;
  3. (iii) use the Site, the App, or the Services should the Account have been temporarily or permanently suspended;
  4. (iv) use the Platforms to create or incorporate other datasets correlated to the nautical maps to be used for a service which is similar or identical to the Services;
  5. (v) provide Garmin with data which is false, inexact, misleading or which gives rise to adverse consequences for third parties, particularly when the User registers to create the Account;
  6. (vi) transfer the Account or communicate the Username or password to third parties without Garmin’s prior written consent;
  7. (vii) spread viruses, malware or any other technology designed to harm the Platforms, the Site, the User’s devices, to breach Garmin’s rights or the rights of other Users or in any way to hinder or disturb use of the Services by other Users;
  8. (viii) disseminate the Content of the Platform, Services or proprietary information belonging to Garmin and/or others;
  9. (ix) use any mechanism, software or procedure which may interfere with the proper operations of the Platforms;
  10. (x) circumvent instruments prepared by Garmin to ensure the security of the Platforms and prevent intrusions or access by unsolicited automated users (by way of example, robots, spam, spiders);
  11. (xi) upload to the Platform or in any way communicate or send through the Platform to other Users' content (text or graphic content or any other type) which is offensive, vulgar, violent, false, harmful to Garmin’s image or contrary to law;
  12. (xii) copy, download, duplicate, distribute, disseminate or in any way use – including partially – images, distinctive marks, text and content belonging to Garmin or in any way found on the Platforms;
  13. (xiii) export any information outside the Platforms, aside from those cases expressly governed by this Agreement.

 

3.3 Should Garmin have reason to believe, at its own discretion, that the User has engaged in actions which may give rise to technical problems or legal liability or which run counter to the provisions of the Agreement, Garmin may, by way of example, limit, suspend or interrupt usability of the Services and the Account, prohibiting access to the app and Garmin may adopt technical (including the removal of unlawful content) and legal measures in order to prevent the User from using the Services.


3.4 In order to allow Garmin to maintain the Platforms at secure, optimum operational levels, the User undertakes to do everything possible to report any technical problems coming to his or her attention and relating to the Platforms to Garmin, without prejudice to the User’s rights and protection with regard to personal data.


3.5 By accepting this Agreement, the User undertakes to indemnify Garmin and to hold it harmless in addition to its directors, employees, senior executives, agents and any subsidiary, parent company and/or any of Garmin's associate companies from and against any harm arising from breach by the User of the terms of use of this Agreement, legal obligations or third-party rights.



4. Use of the Services


4.1 Garmin undertakes to ensure that the Platforms remain active and to render them accessible through the Site and the App, providing technical assistance in order to resolve problems relating to use of the Account due to Platforms problems attributable to Garmin, through the email Account [email protected]. Given the characteristics of the Services, the User acknowledges that Garmin will not be accountable for problems in accessing the Platforms due to causes which are not directly connected to Garmin's activities or for which it is responsible including without limitation:

 

  1. (i) problems relating to connectivity and continuity of Internet traffic available to the User;
  2. (ii) problems relating to the User’s IT systems;
  3. (iii) problems relating to the terminals used by the User, including malfunctioning of devices used by the User and including cases in which these devices (such as smart phones, tablets, computers or GPS plotters) are not compatible or fast enough to allow use of the Services or Platforms;
  4. (iv) interruption of access to the User’s Internet network;
  5. (v) non-compatibility between the User’s mobile device browser and the Platforms;
  6. (vi) any other event which may compromise the User’s access to the Services or the Platforms (and in any case use of same) which is not caused by Garmin.

 

4.2 Through use of the Services, the User may encounter differences between the real conditions and those indicated in the nautical maps and any other data which is accessible through the Platforms. The User acknowledges and undertakes to exercise their own judgement irrespective of use of the Platforms and Services according to the User’s own responsibility and at the User’s own risk and peril. The User is liable for his or her conduct and for the consequences of same.


4.3 When a Service requires or includes downloadable software, or otherwise when the User downloads the App, this software may be automatically updated on the User’s device should a new version or function be available, or this software may require that the User actively updates it. The User undertakes to ensure that the software always remains updated in order to obtain the best possible performance from the Services.


4.4 The Platforms may include links to third-party websites which are not controlled or managed directly by Garmin (by way of example, websites belonging to commercial businesses reported by Users through publishing Content). Garmin is not liable for the information and, in general, for the User’s browsing on these websites operated by third parties.


4.5 Some of the Services are available on mobile devices and GPS plotters. The User undertakes to pay the utmost attention in order to ensure safe use and in compliance with applicable laws, with particular regard to the maritime code and laws put in place to protect one’s own safety and the safety of others, and the User acknowledges that the Services nor do not replace authorized government maps which, together with warnings to navigators, contain all information necessary for safe navigation. Any log generated or viewed on the Platforms or through the Services is to be considered solely as a suggestion for planning navigation and must not be used for direct navigation.



5. Publishing Content and Moderation


5.1 Through sending information to Garmin or publishing Content on the Platforms, the User grants to Garmin the non-exclusive, unlimited, transferable, sub-licensable and irrevocable right to use the Content and to reproduce, modify, adapt, translate, distribute, publish and create derived works, make publicly visible the Content throughout the world using any means and for any purpose and to use the Username or the name specified in relation to the Content.


5.2 The User has sole liability for the Content published or sent to Garmin or published on the Platforms and undertakes not to publish, upload or otherwise make public through the Platforms Content which:

 

  1. (i) is false, illegal, misleading, defamatory, slanderous, intimidating, offensive or in any other way contrary to law and public morality;
  2. (ii) offends Users, Garmin, or the online community;
  3. (iii) may constitute, encourage, promote or incite unlawful conduct;
  4. (iv) may breach patents, trademarks, trade secrets, copyright or any other intellectual or industrial property rights belonging to any party;
  5. (v) constitutes promotions or trade communications;
  6. (vi) at the sole discretion of Garmin, is in any other manner questionable or unconnected to the subject matter of the interactive areas in which the Content is published.

 

5.3 The User states that he or she has no objection as to publication, use, including for financial gain, modification and deletion of the Content by Garmin or its successors and assignees and the User states that he or she permanently waives all complaints or claims in respect of the Content.



6. Industrial and Intellectual Property


6.1 The User acknowledges that:

 

  1. (i) the industrial property rights to the trademarks viewable on the Platforms, specifically the trademarks “Navionics”, “SonarChart” and “Boating”, and to the domain names are the exclusive property of Garmin;
  2. (ii) Garmin has exclusive title to the intellectual and industrial property rights in respect of the Platforms, the software and the databases connected to the Platforms, the App, the Site, the text, artwork, layout and the look and feel of the Platforms, the App and the Site;
  3. (iii) Garmin has exclusive title to the Navionics project, the related know-how and all technical and trade information relating to this project;
  4. and the User undertakes not to infringe or disrupt these rights.

 

6.2 The User states that he or she is the holder of the rights to financial gain allowing him or her to lawfully publish Content on the Platforms and the User undertakes not to publish content on the Platforms of any type use of which on the Platforms might constitute an infringement of third parties’ intellectual or industrial property rights. For information on how to acquire authorization to use the Content of the Platforms, you can send an email to help[email protected].


6.3 In cases where it is possible for the User to download Garmin's Content or software from the Site or from the App store managed by third parties, this software – inclusive of files, incorporated or generated images, data and any other element – shall be licensed to the User in accordance with the End-User License Agreement (“EULA”) which can be viewed at the address https://www.navionics.com/la.


6.4 All the contents of the Site, inclusive of texts, artwork, images, audio material, video and all else, together with domains, taglines, organization and user look and feel interface are protected by laws governing intellectual and industrial property rights and are the sole property of Garmin or third parties who have licensed them to Garmin. Should the Site allow the downloading of specific contents, it is possible to download a copy of same to just one computer for exclusively personal domestic and not commercial use, subject to the condition that the user (a) does not remove or alter ownership or copyright notices in the downloaded content, (b) does not sell or modify this content, does not reproduce, view, publicly use, distribute or utilize same in any other manner for public or commercial purposes without our prior written authorization, (c) does not use what he or she downloads in such a manner as to suggest any association with our products, services or trademarks. Without our prior written authorization it is prohibited to copy (being known as “mirror”) any Site contents to any other server. The use of the Site contents on other websites or on networked computers for any purpose is prohibited without our express written authorization.


6.5 The trademarks, logos and service marks (“Marks”) viewed on the Site are our property or are third-party property. It is prohibited to use these Marks without our express written authorization or the express written authorization of any third parties affected. For information on how you can acquire authorization to use the Content on your website, send an email to [email protected].


6.6 U.S. Copyright. We respect the intellectual property rights of others and expect the Users of our products and Services to do the same. It is our policy to remove content submitted by any User of Garmin's products on this Site (“Community Layers” or “CL”), content that is infringing the intellectual property of our products. In our discretion we may also terminate the Account of any User who repeatedly submits infringing CL.


Procedure for Making Copyright Infringement Claims. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement under U.S. law and has been incorporated into any of our products or Sites through CL, you may notify our copyright agent (see below) pursuant to the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”). To be valid under the DMCA, your notice must be in writing and contain the following:

 

  • • A manual or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf;
  • • Identification of the copyrighted work claimed to have been infringed;
  • • Identification of the material that is alleged to be infringing and information reasonably sufficient to enable us to locate the material;
  • • The contact information of the complaining party (including address, telephone number, e-mail address);
  • • A statement that the complaining party believes in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • • A statement that (a) the provided information in the notice is accurate and (b) under penalty of perjury, the person filing the notice is the copyright owner or is authorized to act on the owner’s behalf.

 

Our designated copyright agent is – Copyright Agent, Navionics Inc., 375 Faunce Corner Rd, Suite A - Dartmouth, MA 02747, Tel: +1 508 291 6000 fax: +1 508 291 6006 E-mail: [email protected]


Please note that the information provided in your notice may be forwarded to the person who provided the allegedly infringing content.


THIS PROCESS SET OUT IN POINT 6.6 IS FOR U.S. COPYRIGHT MATTERS ONLY. Correspondence to the Copyright Agent regarding other matters will not be answered. For other correspondence, please go to the “Contact Us” page. Please note that, due to security concerns, e-mail with attachments cannot be accepted and will not be processed. Under DMCA Section 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.



7. Term; Withdrawal by User; Termination of the Agreement and Cancellation of the Account


7.1 This Agreement is open-ended and shall cease to be effective in those cases of termination contemplated below, in the event of closure of the Account and cessation of Garmin's activity on the Platforms.


7.2 The User may cancel their own Account by following the instructions provided in the “Your Rights” section of the Navionics Privacy Policy.


7.3 Should the User be deemed inactive based on the date of the last action on the Site or on the App and the last access to the Account, Garmin shall be entitled to close the Account.


7.4 Garmin shall be entitled to cancel the Account should the User breach any obligation provided for under this Agreement following written notice sent by Garmin, without prejudice to any other remedy provided by law or provided by this Agreement in favor of Garmin.



8. Changes to the Agreement


8.1 Garmin reserves the right to modify the contents of the Agreement by publishing the new version on the Platforms. Unless otherwise specified, all the new terms of use of the Agreement shall be automatically effective once 10 (ten) days have elapsed from the date of publication on the Platforms.


8.2 Should the User not wish to accept the changes to the Agreement and should the User be in possession of an Account, his or her sole remedy is to cancel his or her own Account.



9. Assignment of the Agreement


9.1 Garmin may assign this Agreement to an associated company or a company in which Garmin has a shareholding. The User provides his or her consent to such assignment.



10. Privacy and Protection of Personal Data


10.1 Information about processing of Users’ personal data can be found in the Navionics Privacy Policy, which can be viewed at https://www.navionics.com/legal/privacy-policy.



11. Miscellaneous


11.1 This Agreement and interpretation of same are governed by Italian law.


11.2 The purpose of the titles of the articles of the Agreement is purely illustrative and in no manner whatsoever do they limit or describe the meaning or the contents of the related article.


11.3 Failure on the part of Garmin to exercise one of its rights does not represent a waiver of its rights to take action against the User or against third parties for breach of undertakings given.


11.4 Notwithstanding the above, if you live in the Americas (including the Caribbean nations and the territories or possessions of countries in the Americas) or if you access the Site from the Americas, the use of the Site and these Terms of Use shall be governed by the rules of the Commonwealth of Massachusetts USA, without any reference to related rules on conflicts of law. By using the Site you accept that the sole court with jurisdiction in respect of claims or disputes arising from use of the Site or these Terms of Use is the Federal Court of Boston or the state tribunals in the County of Plymouth, Massachusetts, USA. By using the Site you irrevocably waive, to the maximum extent allowed by law, your right to raise any objection which you may raise today or subsequently, with regard to the forum for the procedure filed in this court and/or tribunal, and with regard to any dispute regarding the fact that this procedure filed in this court and/or tribunal is filed in an unsuitable court.


ACKNOWLEDGEMENT OF THIRD PARTY NOTICES AND COPYRIGHT LICENSES: This product may contain cartography and other data from one or more of the Third Party sources contained in the following link: https://www.navionics.com/legal/acknowledgements; to the extent that any such source is used, the relevant provisions therein shall apply.