Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING YACHTCHARTERFLEET.COM ("this Site").
YOUR ATTENTION IS DRAWN IN PARTICULAR TO CLAUSE 6 (WARRANTY) AND CLAUSE 7 (LIABILITY).
1.1 "We" are Superyacht Network Ltd (company number 07892853) and our address is 87 North Road, Poole, Dorset, England BH14 0LT. You can also contact us here. Our VAT number is [GB 126 014 261].
When you use this Site, you agree to be bound by these terms and conditions. If you do not agree to be bound by these Terms, you may not use this Site.
Certain uses of this Site are prohibited and amount to a misuse of our systems and the Site. Please refer to clause 3.
You may print and keep a copy of these Terms. They are a legal agreement between us and can only be modified with our consent. We may change these Terms at our discretion by changing them on the Site. The then current version of these Terms will apply whenever you use this Site.
The copyright and all other intellectual property rights in this Site (including all database rights, trade marks, service marks, trading names, text, graphics, code, files and links) belong to us or our licensor(s). Subject to clause 3, you may download material from this Site for the sole purpose of using this Site. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Site without our prior written consent.
This Site contains links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from this Site, you do so at your own risk.
The details of the yachts available on this Site are for your information only. We cannot verify these details and therefore make no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk.
2.5 We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on the Website, please contact our designated copyright team, in writing, by email at firstname.lastname@example.org, and provide the designated copyright team with the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to locate the material;
Information sufficient to permit us to contact the complaining party, including address, telephone number, and e-mail address;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will terminate the account of any user that is determined to be a repeat copyright infringer.
YOUR OBLIGATIONS AND CONDUCT
You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use this Site and that your computer system is compatible with this Site.
You must not misuse our system or this Site. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Site, or attempt to carry out any of the foregoing.
You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or this Site, or to search, display or obtain links to any part of this Site, other than the home page at www.yachtcharterfleet.com, unless the automated program identifies itself uniquely in the User Agent field and is fully compliant with the Robots Exclusion Protocol (a "Permitted Program"). Any such use or attempted use of an automated program (other than a Permitted Program) shall be a misuse of our system and this Site. Obtaining access to any part of our system or this Site by means of any such automated programs (other than a Permitted Program) is strictly unauthorised.
You must not include in any other website any "deep link" to any page on this Site other than the home page at www.yachtcharterfleet.com without our prior written consent.
You must not upload or use inappropriate or offensive language or content or solicit any commercial services in any communication, form or email you send or submit, from or to the Site.
To receive details of yachts on this Site, you must submit a completed registration form to us. At our discretion, we may refuse your application for registration. If we accept your application for registration, we will confirm this by sending you an email containing your account details.
Each registration is for a single user only. You may not share your username and password with any other person nor with multiple users on a network.
You undertake that all information provided by you for the purposes of registering with us is accurate and complete.
You accept sole responsibility for all use of and for keeping secret any account details and password that may have been given to you or chosen by you for use on this Site. You will notify us immediately of any unauthorised use of them or any other breach of security of this Site of which you become aware.
By registering with us, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any membership rights.
5a Other Information Content Providers: Contributors.
We are distributors of content supplied by other information content providers known as ‘Contributors’. The Site is not responsible for the statements and opinions expressed by those content providers. Responsibility for the accuracy and completeness of such content lies solely with those ‘Contributors’ and is not guaranteed by us. We are not the publisher of such information and are therefore not liable for any delays, inaccuracies, errors or omissions in such content. Given the volume of information posted by such providers, the Site cannot and does not monitor all of the information posted to the Site and assumes no duty to monitor the Site for inappropriate or inaccurate content. Neither Superyacht Network nor its affiliates or employees shall be liable to any user or anyone else for claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud or misrepresentation arising from such content. Notwithstanding the foregoing, Superyacht Network reserves the right to remove information provided by other information content providers at any time in its sole discretion.
5b User-Generated Content (inc. Contributors)
The Site’s interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. To protect your safety, please use your best judgment when submitting information to the Site. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you in public areas of the Site. The Website reserves the right to delete, move or edit any submission at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.
By placing material on, or communicating with, the Site, including for example by posting a comment to a story, you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms of Service, and that it will not cause injury to any person or entity. You grant Superyacht Network, its affiliates and related entities, including the Site, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you provide to us in any public area of the Site, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Superyacht Networkto include the information you provide in a searchable format that may be accessed by users of the Site and other Superyacht Networkwebsites. You also grant Superyacht Network and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant Superyacht Network the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
Please note that Superyacht Network does not accept unsolicited materials or ideas for use or publication. Superyacht Network is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Superyacht Network.
Interactive areas of the Site are intended to encourage public debate. We expect people to differ - judgment and opinion are subjective things - and we encourage freedom of speech and a marketplace of ideas. But by using these areas of the Site, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on the Site at any time for any reason. Decisions as to whether content violates any Superyacht Network posting rule will be made by Superyacht Network in its discretion after we have actual notice of such posting. Without limiting our right to remove content, we have attempted to provide the following guidelines to those posting content on the Site. When using the Site, please do not post material that:
contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate.
is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity.
violates any right of Forbes or any third party.
discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation.
unfairly interferes with any third party's uninterrupted use and enjoyment of the Website.
advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
uploads copyrighted or other proprietary material of any kind on the Website without the express permission of the owner of that material.
uses or attempts to use another's account, password, service or system except as expressly permitted by these Terms of Service.
includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability.
uploads or transmits viruses or other harmful, disruptive or destructive files.
disrupts, interferes with, or otherwise harms or violates the security of the Website, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or affiliated or linked sites.
"inflames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
is unrelated to the specific interactive area or the interactive area's topic.
disguises the origin of the post.
collects or stores other users' personal data.
A violation of certain of posting rules may be referred to law enforcement authorities. Superyacht Network reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request.
BARRING FROM THE SITE
We reserve the right to bar users from this Site and/or restrict or block their access or use of any and all elements of our services, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not then attempt to use this Site under any other name or through any other user.
Whilst we endeavour to ensure that any material available for downloading from this Site is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.
Due to the nature of software and the internet, we do not warrant that your access to, or the running of, this Site will be uninterrupted or error free. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
The information provided on this Site is for general interest only and does not constitute specific advice. Whilst we endeavour to ensure that the information on the Site is accurate, complete and up-to-date we make no warranties or representations that this is the case.
We make no warranty or guarantee that the Site or information available over it complies with laws other than those of England.
Nothing in these Terms will be deemed to exclude our liability to you for death or personal injury arising from our negligence, or for fraudulent misrepresentation.
Subject to clause 7.1, we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
Subject to clause 7.1, we do not accept any liability for loss of your password or account details caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
We may put in place such systems as we from time to time see fit to prevent automated programs being used to obtain unauthorised access to our system and this Site. You are not permitted to use automated programs for such purposes and any such use or attempted use by you of such automated programs is at your own risk. Subject to clause 7.1, we shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorised access to our system or this Site.
Subject to clause 7.1, we accept no liability for any loss suffered as a result of your use of this Site or reliance on any information provided on it and exclude such liability to the fullest extent permitted by law.
Subject to clauses 7.1 to 7.4 inclusive, we shall not be liable to you for:
any indirect, consequential, special or punitive loss, damage, costs and expenses;
loss of profit;
loss of business;
loss of reputation;
depletion of goodwill; or
loss of, damage to or corruption of data.
When you use the "contact forms" on this Site to enquire about yachts and services, your details (including your email address) will be sent by email directly to the yacht broker marketing the yacht , yachts or services that you are enquiring about. We do not accept any liability for any subsequent communications that you receive directly from that yacht broker.
7.8 Your dealings or communications through the Site with any party other than the Site are solely between you and that third party. For example, certain areas of the Site may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will Superyacht Network be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
7.9 If you access the Site from a location outside the United Kingdom, you are responsible for compliance with all local laws.
English law shall apply to these Terms. You irrevocably agree that the courts of England will have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and for those purposes irrevocably submit all disputes to the exclusive jurisdiction of the English courts.
All notices shall be given:
to us, by email here or by post to Superyacht Network Limited, 87 North Road, Poole, Dorset, England BH14 0LT;
to you, by email to the email address that you provide to us at the point of your registration, as may be amended by you on the Personal Details section of this Site from time to time.
All notices sent by email will be deemed to have been received on receipt (or, when received on a UK national holiday or on a Saturday or a Sunday, the next working day following the day of receipt). All notice sent by post will be deemed to have been received 3 working days after the date of posting.
CUSTOMER FEEDBACK AND QUALITY
We operate a system to ensure that all customer feedback is dealt with fairly and consistently, and is properly recorded. We welcome any suggestions that you make about how we may improve our service. Please contact us here. We aim to acknowledge all customer feedback.
We may from to time to time change the content of this Site or suspend or discontinue any aspect of this Site, which may include your access to it. Subject to our notifying you to the contrary, any amendments or new content to this Site will be subject to these Terms.
These Terms are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us (unless made fraudulently). If a court decides that any part of these Terms cannot be enforced, that particular part of these Terms will not apply, but the rest of these Terms will. A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under these Terms shall not prevent the exercise of that or any other right. You may not assign or transfer any benefit, interest or obligation under these Terms. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.