1. USE OF THE NOBLE APP
1.1. This document (together with the documents referred to on it) sets out the terms of use (the “Terms of Use”) on which the user (“you” or the “User”) may make use this application for mobile devices (the “App”). Please read these Terms of Use carefully before you download, install or use the App. By downloading, installing or using the App, you indicate that you accept these Terms of Use and that you agree to abide by them. Your download, installation or use of the App constitutes your acceptance of these Terms of Use which takes effect on the date on which you download, install or use the App. If you do not agree with these Terms of Use, you should cease downloading, installing or using the App, and uninstall immediately.
1.2. This App is made available by Noble Corporation plc (company no. 12958050) and its subsidiaries and affiliates (“Noble”). Any party accessing this App or using any information, data, text, images, video or audio or any other materials available from Noble via or generated on, posted or uploaded to the App (“Content”) or otherwise requesting, using or receiving any services or facilities (“Services”) via the App (“User”) may only do so subject to:
(1) The terms and conditions set out below;
(2) Any additional instructions, terms or conditions on the App that apply to particular Content or services which the User uses (such additional instructions, terms and conditions to prevail over the terms and conditions below to the extent of any inconsistency);
(3) Access to or use of this App or any Content or Services available via it shall be deemed to constitute acceptance by the User of, and agreement by the User to, the Privacy and Cookie Policy.
1.3. If the User accesses the App or receives or uses Content or Services on behalf of any other party (including any body corporate), that party shall also be bound by the Terms of Use as if that party were a User. The User warrants and represents that they are authorised by any such party to bind that party to the Terms of Use.
2. INTELLECTUAL PROPERTY RIGHTS
2.1. Ownership of all copyrights, database rights, patents, trade or service marks, product names or design rights (whether registered or unregistered), trade secrets and confidential information and any similar rights existing in any territory now or in future (“Intellectual Property Rights”) and similar rights and interests in all domain names, trademarks, logos, branding appearing on the App and all Content, or otherwise relating to the structure of the App and the Services offered by Noble via the App, vests in Noble or its licensors.
2.2. The User may use this App and the Content and Services available via the App only for the purposes reasonably anticipated on this App or as otherwise might reasonably be expected in the course of their relationship with Noble and in accordance with any procedures from time to time in force on the App. The User may not access any areas of the App to which access is indicated to be restricted unless the User has obtained appropriate authorisation and any relevant access device (such as a digital certificate) from Noble.
2.3. The User may not:
(1) Use or permit any other party to use all or any part of the App, Content or Services in connection with activities that breach any relevant laws, infringe any third party’s rights, or breach any applicable standards, content requirements or codes; or
(2) Post to, upload to, temporarily store on (if such facility is provided) or transmit through, the App any information, materials or content that might be or might encourage conduct that might be unlawful, threatening, abusive, defamatory, obscene, vulgar, discriminatory, pornographic, profane or indecent.
2.4. The User shall procure the waiver of any moral rights in any information, data or other Content or materials posted or uploaded by the User to the App (“User Materials”). The User hereby irrevocably authorises Noble and its licensees to use any User Materials for all reasonable business purposes, including without limitation copying, amending, incorporating in other materials, publishing or otherwise providing to third parties (and permitting such third parties to use and sublicense the User Materials) anywhere in the world any such User Materials. The User agrees to take any steps (including completing any further document) that may be required in any jurisdiction to give effect to this clause.
2.5. Noble does not warrant or represent that the User’s or any other party’s use of the Content or the Services available via the App will not infringe rights of third parties.
3. ERRORS
3.1. Noble makes no warranty that access to the App will be uninterrupted, timely or error-free. Access to the App may be suspended or withdrawn to or from individual Users or all Users temporarily or permanently at any time and without notice. Noble may also impose restrictions on the length and manner of usage of any part of the App for any reason.
3.2. Noble does not warrant that the App will be compatible with all hardware and software which Users may use. Noble shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of Users download, installation, access to or use of the App or Users obtaining any material from, or as a result of using, the App. Noble will further not be liable for the actions of third parties.
3.3. Noble may change or update the App and anything described in it without notice to the Users.
3.4. The information on this app is intended for general guidance only and is provided on an "As is" and "As available" basis without any warranties or representation, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. In particular, information provided in this App regarding the specifications of Noble’s mobile offshore drilling units (“MODUs”) is provided as an approximation based on rig class, but the actual specifications of individual MODUs marketed by Noble may vary. Noble makes no warranties or representations about accuracy, sequence, timeliness or completeness of the App Content and information provided in the App may be incorrect or outdated at any time. The User should make further enquiries to satisfy themselves of the accuracy and completeness of any Content before relying on it. Certain Content may be labelled as indicative only, in which case Noble makes no warranties at all in relation to its quality, accuracy, completeness or timeliness.
3.5. Except as set out in the Terms of Use, Noble shall have no liability whatsoever for breach of any implied warranty, term or condition that might otherwise apply including (without limitation) in relation to the operation, quality or fitness for purpose of the App or any Content, User Materials or service, or the use of reasonable skill and care.
3.6. The App is independent of any platform on which it is located. The App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”).
3.7. Your download, installation, access to or use of the App is also bound by the terms and conditions of the Operator.
3.8. The User is responsible for the accuracy and completeness of any User Materials. The User shall ensure the User Materials do not infringe any Intellectual Property Rights or other right of any third party and are not defamatory, unlawful, immoral or otherwise likely to breach or infringe any right or requirement or to give rise to any claim for loss or damage by any third party. The User shall indemnify and hold harmless Noble and its affiliates, associates and agents against any claims, losses, actions, proceedings, damage or other liabilities whatsoever (including damages or compensation paid by Noble to compromise or settle a claim), and all legal costs or other expenses, suffered by Noble or its affiliates and associates as a result of any actual or potential breach by the User of its obligations under this clause 3.8.
4. SECURITY
4.1. The User agrees to comply with any reasonable instructions Noble may issue regarding the App’s security.
4.2. The User must ensure that he does not do anything during or after any access to or use of the App, Content or Services which might result in the security of the App, or the systems or security of Noble or any other users of the App, or any Noble customers or associated or affiliated companies, being compromised.
5. PRIVACY
5.1. These terms of use incorporate by reference the current version of our Privacy Policy.
6. LIABILITY
6.1. The total liability of Noble, its affiliates, associates and agents to the User and any person acting on the User’s behalf, howsoever arising out of or in connection with the Terms of Use and/or the App, Services or Content (including in relation to negligence) shall, in aggregate, in respect of any claim, or series of connected claims arising out of the same cause in any calendar year, not exceed USD 500 (United States Dollars Five Hundred).
6.2. The User shall ensure that no claims for more than the aggregate limit of liability set out in clause 5.1 are brought against Noble, its affiliates, associates or agents.
6.3. The User is advised to obtain, if they consider it appropriate, insurance cover at their cost, in particular for any loss exceeding the limit set out in clause 5.1 above.
6.4. Nothing in the Terms of Use shall exclude liability for death or personal injury resulting from negligence or for fraud on the part of Noble.
6.5. Except as set out in the Terms of Use, Noble, its affiliates, associates and agents shall have no liability whatsoever in respect of the use of the Content, Services or App, howsoever arising.
7. MISCELLANEOUS
7.1. Use of this App or of the Content or Services may be subject to certain legal or regulatory requirements in particular jurisdictions. The User may only access or use the App, Content or Services to the extent such access or use is permitted in the jurisdiction in which he accesses or uses the App, Content or Services.
7.2. Noble will not be liable for any loss (including without limitation loss of profit), damage, delay or failure in performing any of its duties relating to the Terms of Use caused in whole or in part by the action of any government or governmental agency, natural occurrence, law or regulation (or any change in the interpretation thereof), injunction, currency restriction, sanction, exchange control, industrial action (whether involving its staff or not), war, terrorist action, equipment failure, interruption to power supplies or anything whatsoever beyond its reasonable control.
7.3. The Terms of Use supersede all previous agreements, communications, representations and discussions between the parties relating to the App. No party will have a right of action against Noble arising from any previous agreement, communication, representation and discussion in respect of the App (except in the case of fraudulent misrepresentation), and neither party has relied on any terms, warranties, representations or conditions other than those expressly stated in the Terms of Use. No modification or waiver of the Terms of Use shall be binding on Noble unless it is in writing and agreed by an authorised representative of Noble.
7.4. Each of the provisions of the Terms of Use is severable from the others and if one or more of them becomes void, illegal or unenforceable, the remainder will not be affected in any way.
7.5. The rights of Noble under the Terms of Use may be exercised as often as necessary and are cumulative and not exclusive of its rights under any applicable law. Any delay in the exercise or non-exercise of any such right is not a waiver of that right.
7.6. Noble may at any time and without notice or liability change, improve or remove any Content or any Services available via the App, or the Terms of Use.
7.7. The Terms of Use shall be subject to Danish law and any dispute, claim, matter of construction or interpretation arising out of or relating to the App, including the Terms of Use, shall be subject to the exclusive jurisdiction of the Danish courts.
Privacy Policy
This App is provided and controlled by Noble Corporation plc (company no. 12958050) and its subsidiaries and affiliates (“Noble” or “We”).
We recognize and respect the importance of the privacy of the users of our apps. This Privacy Policy (the “Policy”) accounts for the personal data and cookies etc. used via this app. If you do not agree with the terms herein, please do not use this app and delete the cookies placed by the app.
What data do we collect? On this app, we may collect the following information after you register:
- Contact information (e.g. name, e-mail)
- Work title and Company name
- IP addresses.
This app is intended for a specified audience of individuals with whom Noble has or may form a business relationship. Noble does not knowingly collect personal data about any person under the age of 18 years.
Why do we collect such data? We collect and process personal data (1) for the provision of Noble services and products, (2) to accommodate your requests and inquiries, and (3) for the purposes listed in the below cookie section.
With whom do we share such data? As a global company, Noble may transfer personal data collected by us on an aggregated or individual level to our various divisions, subsidiaries, joint ventures and affiliated companies, or those of our parents company, as well to third party data processors outside of the Noble Corporation around the world, located inside or outside the European Economic Area for the purposes stated above. Personal data will not be disclosed to anyone outside Noble without your consent unless permitted or required under applicable legislation.
Sub-processors The personal data collected in this app is shared with the following sub-processor:
- Papirfly AS, Universitetsgata 2, 0164 Oslo, Norway (company no. 979489137)
How do we protect the data we collect? We have implemented appropriate organizational and technical security measures to protect your personal data. We store personal data on servers with limited access located in secured facilities, and our security measures are evaluated on an ongoing basis. The servers are protected by anti-virus software and firewalls, among other measures.
How long to we retain the data we have collected? We delete or anonymize your personal data when it is no longer needed for the purposes for which it was collected and subsequently processed.
What rights do you have with regards to the data we have collected? If you have submitted personal data to us you enjoy certain rights to access and rectify data, however, subject to certain legal limitations.
Changes to this policy. We reserve the right in our sole discretion to amend and/or delete this privacy and cookie policy at any time without providing prior notice to you. The current version of the privacy and cookie policy will be available on the app.
Who should you contact if you have questions or concerns? If you have questions or concerns about our collection, processing, or handling of your personal data, please contact our Legal Compliance team at privacy@noblecorp.com.