By using the Yachting Platform App or Website hosted at www.yachtingplatform.com (all of which are referred to herein as “App” or “Website”), you agree to be bound by and comply with these terms and conditions.
Yachting Platform BV is a company registered in The Netherlands under company number 74901109, whose registered office is at Aambeeld 17A, 1671 NT Medemblik. In these terms and conditions “we”, “us” and “our” means Yachting Platform.
2. Use of the Website, App and content
2.1 The information provided by us on the Website and App is not in any way a recommendation to buy any products or services featured and you should seek appropriate independent advice before taking, or refraining from, any action on the basis of the content on the Website and App.
2.2 We will endeavour to allow uninterrupted use to the Website and App, but use off the Website and App may be suspended, restricted or terminated at any time. We will not be liable to you if for any reason our Website and App is unavailable at any time or for any period.
2.3 We reserve the right to change, modify, substitute or remove without notice all or any part of the Website or App, or any information on the Website and App, from time to time at our discretion.
2.4 We assume no responsibility for the contents of any other websites to which the Website has links or which make reference to the Website or App. Such links should not be interpreted as endorsement by us of those linked websites. We shall not be liable for any loss or damage that may arise from your use of them.
3. Intellectual Property
3.1 The copyright and all other worldwide intellectual property rights in the material, design, text, software, source code and material supplied by third parties belongs to Yachting Platform, or those who provide such information or content to us. All rights are reserved. None of this material may be copied, scraped, reproduced or redistributed without our express prior written permission and it is a breach of these terms and conditions to do any of these things.
3.2 You shall retain ownership of all copyright and other worldwide intellectual property rights in data that you may submit to the Website and/or App. You grant us a worldwide exclusive, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such data in any manner.
4. Exclusions of liability
4.1 We do everything reasonable possible to ensure that the content on the Website and App is reasonably accurate. we try to correct errors or omissions as soon as practicable after being notified of them and being able to verify the same where necessary.
We do not monitor, verify or endorse the accuracy of any of the information hosted on the Website or App, or the information submitted by third parties for posting on the Website and App. You should be aware that information may be inaccurate, incomplete or out of date. It is provided by us for broad information purposes only. You accept that it is your responsibility to verify the accuracy of such information before using it.
We disclaim all warranties, representations and guarantees (whether express or implied) as to the accuracy of any information contained on or linked to the Website and App, to the extent permitted by applicable law. We do not guarantee that the Website or App will be fault free and do not accept liability for any errors or omissions.
4.2 To the maximum extent permissible by applicable law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or App or any content on them, whether express or implied.
4.3 To the maximum extent permissible by applicable law, we and our staff will in no event be liable for any direct or indirect loss or consequential loss, including but without limitation for loss or anticipated loss of: profit, data, revenue, business opportunity, savings, goodwill or reputation.
4.4 We do not give any warranty that the Website or App are free from viruses or anything else which may have a harmful effect on any technology. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, device, data or other material owing to your use of the Website and/or App, or to your downloading of any content on it, or on any website linked to it.
5. Liability for third parties’ goods and services
We present suppliers on the Website and App and realize the opportunity to get in contact with those suppliers through the Website or App. We accept no liability for any goods or services provided by third-party suppliers. The suppliers will be supplying on their own standard terms and conditions and you should check that you agree to those terms and conditions before placing an order.
6. User name and password
6.1 On registering with us, if you are issued with a user name and password this must always be used in order to access certain restricted parts of the Website and App. The user name and password are personal to each registered user and are not transferable to third parties.
6.2 Your user name and password are the methods used by us to identify you and so are very important. You are responsible for all information posted on the Website and App by anyone who uses them using your user name and password and for any payments due for services accessed through the Website and App by anyone using your user name and password. You should therefore take care of your password and change it regularly, including when you suspect that others may have seen it. Any breach of security of a user name and password should be notified to us immediately.
6.3 You may not adapt or circumvent the systems in place in connection with the Website or App, nor access the Website or App other than through normal operations.
7. Data submitted by users
7.1 If you submit data for display on the Website and App, you are responsible for ensuring that the data is accurate, complete and up to date and for updating that data where necessary.
7.2 If you submit data for display on the Website and App you are responsible for ensuring that no data is uploaded or submitted which is illegal, unlawful, untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties.
7.3 You warrant that you have taken all reasonable precautions to ensure that any data you upload or otherwise submit to the Website and App is free from viruses and anything else which may have a contaminating or destructive effect on any part of the Website or App or any other technology.
7.4 We reserve the right to remove offending material placed on the Website and App that we consider to constitute a misuse of the Website and App, or which is otherwise harmful to other users of the Website and App. Without prejudice to clause 6.4, we may also suspend or permanently refuse access to the Website and App to anyone who we suspect to have breached or be likely to breach these terms and conditions.
7.5 You shall indemnify us for any claim or loss (including without limitation, economic loss) suffered by us arising out of your failure to observe any of the terms of this condition 7.
7.6 Subject to the Contracts (Rights of Third Parties) Act 1999 condition 7.5 may be enforced by the following people in their own right:
(A) Any third party with whom we contract for content or advertising; and
(B) Our employees or agents at the time of any failure to observe.
7.7 We may disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website and App constitutes a violation of their intellectual property rights, or of their right to privacy. We may also disclose such information to law enforcement authorities where we reasonably consider it necessary to do so.
7.8 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Website and App.
8. Data protection
9. Cookies and identifiers for mobile devices
9.2 The App uses Google Analytics, which enables the collection of data about App Users, including via identifiers for mobile devices (including Android Advertising ID and Advertising Identifier for iOS). By continuing to use the App, you are agreeing to our use of identifiers for mobile devices.
10. Linking to the Website
10.1 You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
10.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
10.3 You must not establish a link to our site in any website that is not owned by you.
10.4 We reserve the right to withdraw linking permission without notice.
10.5 The website in which you are linking must comply in all respects with the content standards set out in relation to uploaded data in condition 7.2.
11.1 If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
11.2 We may modify these terms and conditions at any time by publishing the modified terms and conditions on the Website. The terms and conditions as modified will be binding on all users of the Website and App from the time of publication on the Website and App.
12. Governing law
12.1 These terms and conditions shall be governed by and construed in accordance with Netherlands law.
12.2 Any disputes shall be subject to the exclusive jurisdiction of the Netherlands courts, to which both parties submit.