SUBSCRIPTION TERMS AND CONDITIONS
In these terms and conditions:
1.1 ‘Company’ means Boatsurvey.com Limited a company registered in England and Wales under company number 5324285 and having its registered office at Boatsurvey.com, PO Box 92, Salcombe, TQ8 8WT;
1.2 ‘Content’ means the textual and graphic content you provide to the Company to be posted on the Website;
1.3 ‘Website’ means the entire contents of the site under the domain name Boatsurvey.com; and
1.4 ‘you’ and ‘your’ include any business with which you are associated and on behalf of which you use the Website.
By using or subscribing to the Website you enter into a binding contract with the Company on the following terms and conditions.
3.1 The Company will permit you to access, use and interact with the Website subject to these terms and conditions.
3.2 The Company will:
- exercise reasonable care in compiling the Website and posting Content;
- use reasonable efforts to make the Website available at all times; and
4.1 It is the Company’s policy that all material displayed on the Website is decent and honest. You are responsible for ensuring that all Content complies with this policy.
4.2 Content must be supplied in a suitable format.
4.3 Electronic files shall have been produced using properly licensed software and shall be free from computer viruses.
4.4 If Content includes any material in which intellectual property rights are vested, you promise that you own the intellectual property rights; or the owner of the intellectual property rights has given you permission to use them and to allow the Company to use them on your behalf; and you hereby authorise the Company to hold, reproduce, publish, adapt, transmit and disclose such material.
4.5 The Company reserves the right to ask you to provide suitable documentary evidence that will reasonably satisfy the Company of your entitlement to make use of the intellectual property rights, and to permit the Company to make use of them on your behalf, and you hereby agree to provide such evidence if requested.
4.6 Where Content comprises in whole or in part material that has previously been published in other media such as, by way of example and not limitation, printed directories, you should ensure that you have all rights, authority, licences and consents necessary to order the reproduction of that material on the Website.
4.7 The Company may at any time in its absolute discretion and without giving any reason remove the whole (or subject to prior consultation with you) any part of the content from the Website.
WEBSITE SUBSCRIPTION AND CHARGES
5.1 By subscribing to the Website, you agree to pay the Company’s charges at the rate applicable from time to time and stipulated on the Website.
5.2 If you fail at any time to pay any subscription charges due in accordance with these terms and conditions the Company may, in its discretion and without prejudice to its other rights, remove your Content from the Website and deny you access to those areas of the Website which are exclusively available to subscribers. The Company need not provide you with advance notice in such circumstances.
6.1 While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
6.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
7.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website) and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
7.2 Nothing in these terms and conditions shall exclude or limit the Company’s liability for:
- death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
- fraud; or
- misrepresentation as to a fundamental matter; or
- any liability which cannot be excluded or limited under applicable law.
7.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
7.4 You agree that each of these limitations is reasonable having regard to the nature of the Website and in particular given that when you provide services to a third party who contacted you as a result of Content on the Website you will enter into a separate contract with the said third party in each case.
7.5 Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
TERMINATION OF SUBSCRIPTION
8.1 The Company may terminate your subscription immediately if you are in material breach of any of these terms and conditions and in particular upon any failure by you to pay your subscription charge in accordance with these terms and conditions.
8.2 You may terminate your subscription at any time on 30 days notice to us.
8.3 Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
8.4 Termination of your subscription for whatever reason (other than due to a material breach of the Company’s obligations hereunder or by the Company other than for cause) will not entitle you to a refund of any unexpired part of your subscription.
The Company reserves the right at any time without notice to revise the content of the Website (including the services offered by the Company) and these terms and conditions. Any changes to these terms and conditions will be posted on the Website and by continuing to use the Website following any such change you will signify that you agree to be bound by the revised terms and conditions of use.
CREDIT CARD SECURITY AND REGISTRATION
The Company uses a secure server to prevent any person from gaining access to your credit card or registration information whilst it is on the Website or being transmitted across the internet.
The Company reserves the right in its sole discretion to deny users access to the Website or any part of our site without notice and to decline to provide the service to any user that is in breach of these terms and conditions of use.
EVENTS BEYOND OUR CONTROL
The Company shall not be liable to you for any breach of these terms and conditions or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.
GOVERNING LAW AND JURISDICTION
These terms and conditions and any matter relating to the use of the Website shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising in connection with these terms and conditions or the use of the Website shall be subject to the exclusive jurisdiction of the English courts.