|
This Agreement is a
legal document which sets out the rights and obligations of you the
user, and those of yachtdata Ltd.
For the purpose of this
agreement yachtdata Ltd will be known as "yachtdata", “www.yachtdata.co.uk”,
"we" or "us", in relation to this site or any services offered by
yachtdata through it, or the yachtdata system or our agents. By
consulting with this Service, you agree to the terms of this
Agreement, and you re-affirm your acceptance of this agreement every
time you use our services or visit www.yachtdata.co.uk. Visitors to
the yachtdata website who do not apply for our services similarly
affirm that they are bound by this Agreement each time they access the
site. You should be aware that this Agreement may change from time to
time in accordance with clause 17 below.
For the purposes of
this agreement, you the user, either commercial or private will be
known as the “customer”, “client”, “broker” or “service user”
1. Types of client. People who enter our site or use
our Service must be at least 18 years of age.
Yacht Broker or boat
dealer:
Yacht brokers or boat dealers must register with us prior to using our
service. Only professional yacht brokers or boat dealers whose full
time business is in the marine industry will be eligible to apply.
Individual
purchasers:
Any member of the public may apply to use our services via our web
site,
www.yachtdata.co.uk or by telephoning 01454 269696.
2. Yacht Broker/Boat dealer Registration: You
undertake to register for the yachtdata Service using accurate and
current information about yourself - including your correct name,
address and any other requested details. If you are asked for, and
provide, details of a credit, debit or charge card; in that event, you
must ensure that (a) you are fully entitled to use that card, and (b)
it has available funds sufficient to cover the charges which are
deducted from it. As part of the registration process for the
yachtdata Service, you will receive a verification email, the purpose
of which is to take reasonable steps to ensure that the email address
you have nominated during registration is controlled by you. That or
subsequent email(s) will also contain confirmation of your
registration number and other appropriate instructions for you to
follow.
3. Private
applications: You undertake to give accurate and current
information about yourself - including your correct name, address and
any other requested details. If you are asked for, and provide,
details of a credit, debit or charge card; in that event, you must
ensure that (a) you are fully entitled to use that card, and (b) it
has available funds sufficient to cover the charges which are deducted
from it. As part of the registration process for the yachtdata
Service, you will receive a verification email, the purpose of which
is to take reasonable steps to ensure that the email address you have
nominated during registration is controlled by you. That or subsequent
email(s) will also contain confirmation of your registration number
and other appropriate instructions for you to follow.
4. Additional services. yachtdata or its agents may
offer new or additional services from time to time. Your use of those
services may be subject to additional terms and conditions, or rules
of use, which you must comply with. Provided that those terms or rules
are notified to you on
www.yachtdata.co.uk in an appropriate manner (as determined by
yachtdata in its reasonable discretion), any failure by you to comply
with a material provision of the terms or rules governing those
services will amount to a breach of this Agreement.
5. Operation. yachtdata reserves the right to
withdraw or modify one or more aspects of the Service provided where
we have legal or technical reasons to do so (including technical
difficulties experienced by yachtdata or one of our agents or by our
web space provider). There may also be times when the yachtdata web
site becomes unavailable, whether on a scheduled or unscheduled basis.
We accept no responsibility for any losses incurred due to any of
these problems.
6. Misuse.
We reserve the right (a) to suspend or terminate any user’s access to
the web site, or parts of it, and/or (b) to edit, or require the
customer to edit, material posted on the yachtdata Site, if the
relevant client or material appears to us to be in breach of any
provision of this Agreement. Any person whose access has been
suspended or terminated must not re-access, the yachtdata web-site
without our prior consent. You are responsible for everything which is
done on or through the yachtdata web-site while you are logged on to
www.yachtdata.co.uk , or through your email address(es).
7. Fees
(I) You acknowledge that we are entitled to alter the
amount or the basis of the calculation of our fees from time to time,
provided that such amount or basis is clearly stated at the time when
you agree to our contract.
(II) Fees paid by a Subscriber will not be rebated or
refunded by yachtdata, unless the Service for which you have applied
is completely withdrawn by us or one of our agents other than in
circumstances permitted under this Agreement.
We may add new or ancillary services from time to time which require
the payment of fees - either to us or a nominated third party - on
terms which will be provided to you at the time.
8 Prohibitions. You are responsible for ensuring that
no material you post, or which is posted through a machine on which
you access www.yachtdata.co.uk, nor any activity or communication you
make in connection with any yachtdata Service, will be capable of (a)
infringing the intellectual property or other rights of any person or
entity, (b) breaching any applicable law, whether criminal, tortuous
or otherwise, or (c) appearing to be offensive, threatening, obscene,
pornographic, false, unreliable or misleading.
9 Withdrawal of our services. Each client or agent
acknowledges that we are entitled to withdraw any of our Services
which appears whether based on information received from clients,
agents or others, or our own determination to be capable of breaching
any part of this Agreement, or to bring yachtdata into disrepute.
10. Disclaimer
and Release.
If any third party sites are linked too or from the yachtdata
web-site, this does not mean that we endorse or have any
responsibility for the site in question or anything which appears on
it.
You should exercise no lesser degree of caution in appraising what you
see on the yachtdata web-site than you do offline.
Your use of the yachtdata web-site is entirely at your own risk.
Accordingly, to the extent that the law permits, you release
yachtdata, its officers, directors, contractors and employees from all
liability arising out of or in connection with the yachtdata web-site
and the material included by other third parties.
11. Intellectual Property. By using the service
provided by yachtdata you acknowledge that all copyright, trade marks,
and other intellectual property rights in and relating to the
yachtdata web-site and company (including the material which is
contributed by Users) is owned by yachtdata. No-one may copy,
distribute, show in public or create any derivative work from the
yachtdata web-site or the companies documentation, unless properly
licensed to do so by us.
In providing any material by whatever method to yachtdata, you:
Are representing that you are fully entitled to do so;
Grant us a non-exclusive, royalty-free, non-terminable licence right
to copy, modify, distribute, show in public and create derivative
works from that material in any form, anywhere; and
Authorise us to adapt the relevant material in the course of doing so,
and so waive your moral rights to object to any derogatory treatment,
or to be identified as the author, of the material in question.
12 Excluded loss. We will not be liable to you or any
third party for any indirect or consequential loss or damage, or for
any loss of data, profit, revenue or business, howsoever caused
(whether arising out of any negligence or breach of this Agreement or
otherwise). yachtdata will also not be liable for any failure to
perform its obligations under this Agreement caused by matters beyond
its reasonable control.
13 Maximum liability. Without limiting the preceding
Clause, during any period of twelve months, the aggregate liability of
yachtdata under this Agreement (whether arising in negligence or
otherwise) will not under any circumstances exceed the greater of (a)
£50 sterling, or (b) an amount equal to the sums paid by you to us by
way of professional fees during the relevant period of twelve months,
regardless of the cause or form of action.
14 Indemnity. You agree to indemnify us against all
liabilities, claims and expenses that may arise from any breach of
this Agreement by you or through a machine on which you access the
yachtdata web-site.
15 Assignment. We reserve the right to assign this
Agreement, and to assign or subcontract any or all of our rights and
obligations under this Agreement. You may not without the written
consent of yachtdata to assign or dispose of this Agreement.
16 Entire Agreement. This Agreement includes our
privacy policy. Together they contain the whole of the agreement
between us and you concerning the yachtdata Service and they replace
all earlier agreements and understandings with you, except for any
fraud or fraudulent representation by either of us. A person who is
not a party to this Agreement has no right under the Contracts (Rights
of Third Parties) Act 1999 to rely upon or enforce any term of this
Agreement.
17 Changes to this Agreement. yachtdata reserves the
right to change this Agreement from time to time, and post the new
version of the yachtdata terms and conditions agreement without prior
notification. When we do so, we will notify you of the fact that there
are changed terms on the main screen (www.yachtdata.co.uk) and the new
version of these terms and conditions will take effect, and will
govern all yachtdata Services and your relationship with yachtdata:
commencing four weeks after the date of posting (or such later date as
yachtdata indicates in the relevant posting), if any of the changes is
to an operative provision of this Agreement which is capable of
adversely affecting you; if you do not wish to be governed by the new
version of the Agreement, you may notify us on or before the date when
the new version of the Agreement is to take effect, and from that date
you must cease to use the yachtdata Service; or
immediately upon the date of posting (or such later date as yachtdata
indicates in the relevant posting), if the changes are not to
operative provisions, or not capable of adversely affecting you -
examples of which would include, without limitation, changes to one or
more of yachtdata addresses or email addresses referred to in this
Agreement.
18. Data Validity. Whilst every effort is made to
provide an up-to-date comprehensive database and to keep information
current, yachtdata cannot be held liable for errors, omissions or
exceptions. Users are encouraged to carry out additional information
checks to verify the status of the vessel or equipment.
yachtdata operates a policy of data verification. All vessel
registration and identification numbers are checked and verified
against client or agent information. If information is incorrectly
entered into yachtdata enquiry forms, we will try to contact you to
confirm the information prior to this being investigated. If a vessel
is reported to have an outstanding mortgage, loan, debt or as Lost or
Stolen, the details of this entry will be verified and the submitter
of the report will be contacted to confirm the entry. We will notify
you our client or our agent that is acting on you behalf of our
findings and it’s source.
19. Foreign Vessels.
The information we provide is
guaranteed for all mortgages entered into in the British Isles or the
British Virgin Islands, in so far as the information given to us by
the mortgage/finance company is correct. We regret that although we
may discover the existence of mortgages entered into outside those
territories, this cannot be guaranteed and the information has to be
read with this in mind. We remind you that you have the right to ask
the seller to disclose all such mortgages and he must answer
truthfully, which gives you some chance of redress in the event that
he does not do so. It is better to have used our service and to have
eliminated a lot of the doubt involved in buying a boat
19. Severability. In the event that any term of this
Agreement is held to be invalid or unenforceable by judicial decree or
decision, the remainder of this Agreement shall remain valid and
enforceable.
20. Cancellation. You can cancel your enquiry at any
time providing you send us a written or email request to cancel prior
to us commencing our enquiries.
21. Law. This Agreement shall be governed by and
construed in accordance with the laws of the United Kingdom.
22. Contact. The yachtdata
team can be contacted by e-mail at
enquiries@yachtdata.co.uk or by telephone on (0044) (0)1454 269696
or by fax on (0044) (0)1454 260791 (Address to be added).
All personal
information collected and used from the yachtdata web-site will be
processed in accordance with the 1998 Data Protection Act.
INFORMATION COLLECTED
Online enquiries
In order to enquire on the yachtdata web site, we will require you
to enter your details, your email and contact address details and a
land-line telephone number. Information provided for Payment by Credit
Card is collected over a secure connection or by telephone.
Vessel Searches
In order to
conduct a vessel search, we will require you to supply various details
and a selection of identifying criteria matching the vessel to be
investigated, for example, HIN or Serial numbers of the vessel, the
vessel name(s), registration information, identifying features,
picture (if appropriate). Information provided for Payment by Credit
Card is collected over a secure connection or by telephone.
Yacht broker or boat
dealer Registration
In order to
register with us we will require you to supply a contact name, your
e-mail address, postal address and phone numbers. Registrants are also
presented with the option of supplying additional information to
assist in the future contact. Information provided for Payment by
Credit Card is collected over a secure connection or by telephone.
USE OF INFORMATION
General
Yachtdata is a web based company which also offers a telephone
alternative. Information supplied by us is treated in accordance with
our Privacy Policy (Confidentiality Statement). When you use our site,
we ask you whether you would like to receive our email newsletters,
details on changes to the site, offers and services via email and/or
via post that we feel may be of interest to you. You have the ability
to opt-out of receiving all or any of these offers during
registration.
We have taken measures to ensure that information supplied to us is
held securely. As a consequence - we may occasionally request proof of
identity before allowing access to information.
You have the right to access all of your personal information supplied
to yachtdata and rectify any inaccuracies on the information held.
Amendments and Updates
to this policy may be made from time to time. Any revisions will be
posted on this page so you will always be aware of what information we
collect.
Searches
Hull Identification Numbers (HIN’s), Serial Numbers, address
details and asset information is collected in order to provide a
relevant match of vessel against a specified search. The inclusion of
your region details enables us to provide the information focused
within that specific territory, rather than items randomly spread
throughout the world.
Registration
Email addresses are collected in order to generate a log-on
identification and send clients information, providing them with
online access to their vessel details. The user can access this
information at any time in order to update their details or update
vessel loss details or change the option on whether they would like to
receive communication from us.
Other information is collected in order:
To generate an overall profile of visitors using the yachtdata web
site. This information is then used to assist in developing relevant
content features on the site.
|