TERMS AND CONDITIONS FOR PRIVATE ADVERTISERS
THERE TERMS APPLY TO PRIVATE ADVERTISERS ONLY WHO ARE PLACING ADVERTS IN THEIR PERSONAL CAPACITY. IF YOU ARE A TRADE ADVERTISER PLACING ADVERTS IN THE COURSE OF YOUR BUSINESS, PLEASE SEE OUR TERMS AND CONDITIONS FOR TRADE ADVERTISERS.
By ticking the ‘I accept’ box accompanying these terms, you confirm your acceptance of the terms set out below. Please read these terms carefully and ensure that you understand them before confirming your acceptance. If you have any questions regarding any of the provisions set out in these terms, please Contact Us.
1 INTRODUCTION
This website www.i-yachtclub.com (website) is operated by International Yacht Club Limited. We are a company registered in England and Wales with registration number 08356851 registered office at 563 Chiswick High Road, London W4 3AY (Yacht Club / we / us). Our VAT number is 158 9317 71.
These terms and conditions (Terms) apply to any advertisement (Advert) which you (you / your) place on this website.
2 USING THE WEBSITE
2.1 As a condition of your use of this website you agree that you will not:
2.1.1 violate any laws;
2.1.2 violate paragraph 3 (Posting Adverts) below;
2.1.3 post any threatening, abusive, defamatory, obscene or indecent material;
2.1.4 be false or misleading;
2.1.5 infringe any third-party right;
2.1.6 distribute or post any material containing spam, chain letters, or pyramid schemes;
2.1.7 distribute viruses or any other technologies that may harm the website or Yacht Club or the interests or property of the website’s users;
2.1.8 impose an unreasonable load on our infrastructure or interfere with the proper working of the website;
2.1.9 use any robot spider, scraper or other automated means to access the website and collect content for any purpose without our express written permission;
2.1.10 bypass measures used to prevent or restrict access to the website.
2.2 You are solely responsible for all information that you submit to the website and any consequences that may result from your Advert or any other material which you make available to website users. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the Terms. We also reserve the right at our discretion to restrict a user's usage of the website either temporarily or permanently, or to refuse a user's registration.
3 POSTING ADVERTS
3.1 You are permitted to place one Advert per fee payment. Your Advert may remain on our website for a period of up to one year. You are entitled to remove your Advert before the end of this period but you will not receive a refund of the fee if you do so. You are entitled to update your Advert during the course of the year to update the particular details (such as the sale price, engine hours etc.) but you must pay a further fee to place a new Advert.
3.2 You must be over 18 years old to post an Advert on our website.
3.3 You must write your Advert in English.
3.4 Whilst we endeavour to ensure that the appearance of the Advert will meet your requirements, we do not guarantee the inclusion, position, colour or size of any particular Advert placed on our website.
3.5 We will not be responsible for any loss or damage caused by: (i) any error, inaccuracy or omission in the posting of the Advert; (ii) any failure to publish an Advert on the date requested by you or given by us; or (iii) any failure or delay in forwarding responses to Adverts, however caused.
3.6 You will be responsible for checking that the Advert is published as intended. If we have made an error in the posting of any Advert, we will make a refund or reasonable adjustment to the cost of the Advert. No refund or adjustment will be made if the error does not materially affect the cost or detract from the Advert.
4 REMOVAL OF ADVERTS
4.1 We reserve the right to omit, suspend, or change the position of any Advert, either before or after it has been posted.
4.2 We reserve the right to remove without notice and without refund any Adverts if you have breached these Terms or if we feel that you are deliberately posted Adverts or other content which is inconsistent with the purpose of the website or are not relevant or of value to the website.
4.3 You may manage your Adverts using the online tools on our website and may withdraw an advert at any time. Once you have paid for an Advert, you will not receive a refund even if you withdraw the Advert before the end of the advertising period.
5 FEES
5.1 We will charge you a fee for placing Adverts on this website. Our fees are quoted in Pounds Sterling, and we may change them from time to time. We'll notify you of changes to our fees by posting such changes on the website. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.
5.2 Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may remove your Advert or limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
6 ABUSING THE WEBSITE
Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off the website if we think that they are creating problems or acting inconsistently with our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off the website or not, we do not accept any liability for monitoring the website or for unauthorized or unlawful content on the website or use of the website by users.
7 CONTENT
The website contains content from us, you, and other users. The website is protected by copyright laws and international treaties. Content displayed on or via the website is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from the website without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the website. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the website (other than your own content). By placing Adverts or other content, you are granting us, and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to exercise the copyright, publicity, database rights and other intellectual property rights to the Adverts and content.
8 INFRINGEMENT
You must not post any Adverts or other content that infringes the rights of third parties, this includes, but is not limited to, Adverts and content that infringes intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any Adverts or content which may infringe on their rights, and submit a request for this offer to be removed.
9 OUR LIABILITY TO YOU
9.1 Nothing in these Terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our employees. You agree not to hold us responsible for any Adverts or other content which other users post or for any acts or omissions of any third parties.
9.2 In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
9.3 We cannot guarantee continuous, error-free or secure access to our website or services or that any defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our website or services.
9.4 Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the website, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous part of this paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) £100 Pounds Sterling.
10 YOUR LIABILITY TO US
You agree to indemnify us in respect of all costs, damages, or other charges falling upon us as the result of legal actions or threatened legal actions arising from any Advert or other content which you post on our website or any other acts or omissions to that you carry out in relation to such Advert or content.
11 DATA PROTECTION
By using the website, you agree to the collection, transfer, storage and use of your data and other personal information as further described in our Privacy and Cookies Policy.
12 GENERAL
12.1 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
12.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.3 These Terms and the other policies posted on the website constitute the entire agreement between us and you, superseding any prior agreements.
13 APPLICABLE LAW
If you are a consumer, please note that these Terms, their subject matter and formation, are governed by English law.
14 OUR RIGHT TO VARY THESE TERMS
We may revise these Terms from time to time and will post the revised Terms on our website. Every time you post an Advert on our website, the Terms in force at that time will apply to the contract between you and us. You should ensure that you review these Terms on a regular basis to ensure that you are aware of the Terms which apply to your use of our website.
15 CONTACTING YOU
We may give you notice under these Terms or otherwise contact you by email, post or by placing a note in your account section of our Website. We may also contact you by telephone using the details provided by you during the account registration process.
16 CONTACTING US
If you have any questions or concerns about these Terms or our website, you can contact use by telephone, email or post using the contact details set out on the Contact Us page of this website.
