Registered Users terms and conditions
These terms and conditions apply to Registered Users (defined below) of Superyachts.com Limited (Company Number 06711142) using the Superyachts.com Site (defined below).
- 1.1 Confidential Information means any information that is proprietary or confidential which is expressly identified as such by the Party making the disclosure.
- 1.2 Parties means Superyachts.com and the Registered User.
- 1.3 Password means the password in respect of a unique Username created by (as the case may be) you which would allow you to gain access to the Registered User Services.
- 1.4 Registered User means anyone who has registered for a Superyachts.com My Account login or has signed up for a Newsletter Subscription.
- 1.5 Registered User Services means the User’s services defined in Clause 2.1 which are accessible by a Registered User from the Website.
- 1.6 Username means a unique username created (as the case may be) by you or by Superyachts.com, which, when the relevant Password is entered will grant such you access to the relevant Registered User Services.
- 1.7 Site means www.superyachts.com or such variations to the name of the aforesaid domain name.
- 1.8 You warrant that you are at least 18 years of age and that you are the person whose details have been incorporated into the relevant registration form as part of the process of registering (as the case may be) to be a Registered User.
- 1.9 The authority to access the Registered User Services commences upon the relevant Username and Password being successfully created (as the case may be) by the User or by Superyachts.com and ends if these terms and conditions are terminated under Clause 7.
- 2.1 In order to subscribe to any services, make any purchases from the Site and/or access certain sections on the Site (‘Registered User Services’), you will need to register as a Registered User of Superyachts.com on the Site.
- 2.2 There are two routes to registering as a Registered User, either by registering for a Superyachts.com My Account login or by signing up for a Newsletter Subscription.
- 2.3 Upon duly completing the relevant registration process and creating or being issued with a Username and Password, you will be registered as a Registered User of Superyachts.com.
- 2.4 The authority to access the Registered User’s Services commences upon the relevant Username and Password being successfully created by you and ends if terminated pursuant to Clause 7.
- 2.5 You are solely responsible for the security of your Username and Password and must not disclose your Username and/or Password to anyone. You must inform Superyachts.com immediately if your Username and/or Password have been compromised. In such a case, you can reset your Username and/or Password in My account or you can contact Superyachts.com at firstname.lastname@example.org.
- 2.6 You can unsubscribe from any of Superyachts.com services for Registered Users at any time by either using the various unsubscribe links provided on communications to you or via the Newsletter section of your Superyachts.com My Account.
3. REGISTERED USER’S OBLIGATIONS
- 3.1 You shall not:
- 3.1.1 impersonate any person or entity or otherwise misrepresent Yourself, Your age or Your affiliation with any person or organisation;
- 3.1.2 create more than 1 Username and/or Password at any one time; and/or
- 3.1.3 use the relevant Registered User Services and/or information extracted or downloaded for any illegal, fraudulent or immoral purposes.
- 3.2 By registering with the Site you warrant that: all registration information you submit is truthful and accurate; you will maintain the accuracy of this information; your use of areas of the site for Registered Users does not violate any applicable law or regulation.
- 3.3 You agree to notify Superyachts.com immediately of any errors or inaccuracies in respect of any information and/or data extracted from any section of the Site which forms part of the Registered User Services. In this regard, you shall contact Superyachts.com by emailing Superyachts.com at email@example.com.
- 3.4 You acknowledge that Superyachts.com and/or Superyachts.com’s clients own all intellectual property rights on the Website.
4. SUPERYACHTS.COM’S OBLIGATIONS
- 4.1 Superyachts.com warrants that to the best of its knowledge, the Registered User Services will not infringe any patents, designs or copyright of any third party. In the event you are aware and/or have reasonable suspicion that the Registered User Services may infringe the intellectual property of any third parties, you agree:
- 4.1.1 to notify Superyachts.com as soon as it is practicable of any such claim being made;
- 4.1.2 that Superyachts.com shall be entitled at its expense to conduct any litigation that may ensue and negotiations for settlement of such claim; and
- 4.1.3 that you shall give Superyachts.com all information and assistance reasonably necessary (at Superyachts.com’s expense) to defend or settle such claim and you shall not compromise or settle such claim.
- 4.2 Superyachts.com reserves the right to update and/or make changes to the Registered User Services from time to time at its sole discretion.
- 5.1 Each Party may be given access to Confidential Information from the other Party in order to perform its obligations under these terms and conditions. A Party's Confidential Information shall not be deemed to include information that:
- 5.1.1 is or becomes publicly known other than through any act or omission of the receiving Party;
- 5.1.2 was in the other Party's lawful possession before the disclosure;
- 5.1.3 is lawfully disclosed to the receiving Party by a third party without restriction on disclosure;
- 5.1.4 is independently developed by the receiving Party, which independent development can be shown by written evidence; or
- 5.1.5 is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
- 5.2 Each Party shall hold the other's Confidential Information in confidence and, unless required by law, not make the other's Confidential Information available to any third party, or use the other's Confidential Information for any purpose other than those contemplated under this Agreement.
- 5.3 Each Party shall use reasonable endeavours to ensure that the other's Confidential Information to which it has access is not disclosed or distributed in violation of the terms of this Agreement.
- 5.4 Subject to your consent, Superyachts.com may offer or supply services to you provided by a third party and may supply the third party with information about you in order to deliver the service.
6. EXCLUSION AND LIMITATION OF LIABILITY
- 6.1 Superyachts.com gives you no warranty or assurance, except as set out in Clause 4 above. You acknowledge that all implied warranties and conditions are excluded to the maximum extent permitted by law.
- 6.2 This Clause 6 sets out Superyachts.com’s entire financial liability (including any liability for the acts or omissions of Superyachts.com’s employees, agents and sub-contractors) to you in respect of any breach of these terms and conditions, any use made by you of the Registered Users Services; and any representation, statement or tortious act or omission (whether negligent or otherwise) arising under or in connection with these terms and conditions.
- 6.3 Subject to Clause 6.4, except as expressly and specifically provided in these terms and conditions, Superyachts.com excludes all liability for any loss or damage including consequential loss, loss of business, loss of good will, loss of data, waste of management time, loss of opportunity arising from the Registered User Services.
- 6.4 Notwithstanding any provisions in this Agreement, Superyachts.com does not exclude liability for death or personal injury which is due to Superyachts.com’s negligence, fraud and/or fraudulent misrepresentation.
- 6.5 Subject to Clauses 6.3 and 6.4 and any other applicable, trading terms of Superyachts.com, Superyachts.com’s maximum liability for any loss arising from Superyachts.com’s breach of these terms and conditions or negligence shall be limited to the amount paid, if any, by you to Superyachts.com for use of the Site, but will not in any event exceed the sum of £100.
- 7.1 These terms and conditions may be terminated by Superyachts.com if you are in material breach of any of these terms and conditions and if the breach is not remedied within the period of 14 working days after written notice of it has been given.
- 7.2 You may terminate these terms and conditions at any time by giving Superyachts.com 7 days prior written notice by contacting Superyachts.com at firstname.lastname@example.org.
- 7.3 On termination of this these terms and conditions for any reason, you will no longer be able to use any of the Registered User Services.
- 7.4 The termination of these terms and conditions shall not affect or prejudice the accrued rights of the Parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination.
- 8.1 You agree to indemnify and hold Superyachts.com harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any User Content You Post or share on the Site, Your use of the Site, Your conduct in connection with the Site or other users of the Site, or any violation of these Terms and Conditions or any law or the rights of any third party.
- 9.1 A failure or delay in exercising right or remedy provided under these Terms and Conditions by Superyachts.com does not constitute a waiver of the right or remedy or a waiver of other rights or remedies.
10. NO PARTNERSHIP OR JOINT VENTURE
- 10.1 Nothing in these Terms and Conditions shall constitute or be construed as constituting a partnership or joint venture between you and Superyachts.com or shall authorise either party to enter into contractual relationships or incur obligations on behalf of the other party.
11. PRIVACY AND PERSONAL INFORMATION
12. GENERAL PROVISIONS
- 12.1 These terms and conditions are not intended to benefit anyone other than the Parties to it and, in particular, no provisions of this Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
- 12.2 If any provision (or part of a provision) of these terms and conditions is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
- 12.3 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it provisions are deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Parties.
- 12.4 These terms and conditions shall be governed under English law and the Parties submit to the exclusive jurisdiction of the English courts.