Terms of Service - Yacht Bazaar

Welcome to Yacht Bazaar!

WHAT PARTS OF THESE TERMS APPLY TO ME?

This agreement governs your use of this online marketplace, www.Yacht-Bazaar.co.uk (Marketplace) and any other services made available through the Marketplace. By using the Marketplace, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, Yacht Bazaar Ltd (Company Number 15198753) being a company incorporated in England and Wales with registered office at Suite 114, Lymington Town Hall, Avenue Road, Lymington, England, SO41 9ZG, United Kingdom (Yacht Bazaar, we or us).

The remainder of this agreement is divided into three parts:

• Part A (All Users), which sets out terms that apply to all Users;

• Part B (Customers), which sets out additional terms that apply to Customers, being customers who wish to purchase products from Sellers; and

• Part C (Sellers), which sets out additional terms that apply to Sellers, being sellers of used yachting products registered with us to sell such products to Customers.

If you intend to use the Marketplace as a Customer, only Part A and Part B of these terms will apply to you.

If you intend to use the Marketplace as a Seller, only Part A and Part C of these terms will apply to you.

When we talk about the “Services” in this agreement, we are referring to the provision of the Marketplace for the display and sale by Sellers and purchase by Customers of second hand yachting goods available through our website and any associated services we offer.

Part A All Users

1 ELIGIBILITY

(a) This Marketplace is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Marketplace. By using the Marketplace, you represent and warrant that you are either:

(i) over the age of 18 years and accessing the Marketplace for personal use; or

(ii) accessing the Marketplace on behalf of someone under the age of 18 years old and consent to that person’s use of the Marketplace.

(b) Please do not access the Marketplace if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Marketplace.

(c) If you use the Marketplace on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

2 ACCOUNTS

(a) In order to use most of the functionality of the Marketplace, Users are required to sign-up, register and receive an account through the Marketplace (an Account).

(b) As part of the Account registration process and as part of your continued use of the Marketplace, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by Yacht Bazaar from time to time.

(c) You warrant that any information you give to Yacht Bazaar in the course of completing the Account registration process will always be accurate, honest, correct and up to date.

(d) Correspondence between Customers and Sellers must take place on the Marketplace.

(e) Once you complete the Account registration process, Yacht Bazaar may, in its absolute discretion, choose to accept you as a registered user within the Marketplace and provide you with an Account.

(f) Yacht Bazaar reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.

(g) Yacht Bazaar may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

3 USER OBLIGATIONS

As a User, you agree:

(a) not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;

(b) to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Yacht Bazaar of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Marketplace’s security;

(c) to not use the Marketplace for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using the Marketplace:

(i) in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and

(ii) in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Yacht Bazaar;

(d) not to act in any way that may harm the reputation of Yacht Bazaar or associated or interested parties or do anything at all contrary to the interests of Yacht Bazaar or the Marketplace;

(e) not to make any automated use of the Marketplace and you must not copy, reproduce, translate, adapt, vary or modify the Marketplace without the express written consent of Yacht Bazaar;

(f) that Yacht Bazaar may change any features of the Marketplace or Services offered through the Marketplace at any time without notice to you;

(g) that information given to you through the Marketplace, by Yacht Bazaar or another User including a Seller, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and

(h) that Yacht Bazaar may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.

4 POSTED MATERIALS

4.1 WARRANTIES

By providing or posting any information, materials or other content on the Marketplace, including in the forum facilities which may be made available to you or in the case of Sellers, any materials you submit to the Marketplace for the sale of products and regarding those products (Posted Material), you represent and warrant that:

(a) you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);

(b) the Posted Material is accurate and true at the time it is provided;

(c) any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;

(d) the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;

(e) the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;

(f) the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;

(g) the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Marketplace or any network or system; and

(h) the Posted Material does not breach or infringe any applicable laws.

4.2 LICENCE

(a) You grant to Yacht Bazaar a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Yacht Bazaar to use, exploit or otherwise enjoy the benefit of such Posted Material.

(b) If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Yacht Bazaar from any and all claims that you could assert against Yacht Bazaar by virtue of any such moral rights.

(c) You indemnify Yacht Bazaar against all damages, losses, costs and expenses incurred by Yacht Bazaar arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.

4.3 REMOVAL

(a) Yacht Bazaar acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Yacht Bazaar may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Marketplace) at any time without giving any explanation or justification for removing the Posted Material.

(b) You agree that you are responsible for keeping and maintaining records of Posted Material.

5 REFUNDS AND CANCELLATIONS

Yacht Bazaar will have no liability or obligation to you if:

(a) a Customer or Seller does not proceed to a transaction or if the products listed for sale in a Product Listing are not fit for purpose, as described or otherwise do not comply with consumer laws; or

(b) if the Seller does not comply with applicable consumer laws; or

(c) for whatever reason, including technical faults, the sale or purchase of a product in a Product Listing cannot be performed or completed,

and you will not be entitled to any compensation from Yacht Bazaar.

6 ONLINE PAYMENT PARTNER

(a) We may use third-party online payment partner, including Paypal and Stripe (Online Payment Partner) to collect payments on the Marketplace, including for our Services.

(b) The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner.

(c) You agree to release Yacht Bazaar and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s Marketplace or any error or mistake in processing your payment.

(d) We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in processing your payment for the products purchased.

7 SERVICE LIMITATIONS

The Marketplace is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that Yacht Bazaar cannot and does not represent, warrant or guarantee that:

(a) the Marketplace will be free from errors or defects;

(b) the Marketplace will be accessible at all times;

(d) information you receive or supply through the Marketplace will be secure or confidential; or

(e) any information provided through the Marketplace is accurate or true.

8 INTELLECTUAL PROPERTY

(a) Yacht Bazaar retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.

(b) You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose of receiving the Services. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from Yacht Bazaar or as permitted by law.

(c) In this clause 8, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

9 THIRD PARTY CONTENT

The Marketplace may contain text, images, data and other content provided by a third party and displayed on the Marketplace (Third Party Content). Yacht Bazaar accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

10 THIRD PARTY TERMS

(a) Any service that requires Yacht Bazaar to acquire goods and services supplied by a third party on behalf of the Customer (including a third party payment service) may be subject to the terms and conditions of that third party (Third Party Terms), including ‘no refund’ policies.

(b) Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing Yacht Bazaar to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms.

11 DISPUTES BETWEEN USERS

(a) You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.

(b) If any issue or problem relating to the Marketplace remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to Yacht Bazaar via the Marketplace. We will assess the complaint and attempt to quickly and satisfactorily resolve it.

(d) Yacht Bazaar has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.

(e) Yacht Bazaar reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.

(f) If you have a dispute with Yacht Bazaar, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.

(g) Notwithstanding any other provision of this clause 11, you or Yacht Bazaar may at any time cancel your Account or discontinue your use of the Marketplace.

12 SECURITY

Yacht Bazaar does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Marketplace. You should take your own precautions to ensure that the process you employ to access the Marketplace does not expose you to the risk of viruses, malicious computer code or other forms of interference.

13 DISCLAIMER

(a) (Marketplace Only) Yacht Bazaar is a medium that facilitates the introduction of Customers and Sellers for the purposes of the Seller displaying products for sale to Customers. Yacht Bazaar simply provides the logistics for this to occur and collects a commission in consideration for providing this the Services and does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Sellers in relation to such services or otherwise resulting from the Services. The contract for sale is between Customers and Sellers.

(b) (Limitation of liability) To the maximum extent permitted by applicable law, Yacht Bazaar excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Marketplace or its use or any services provided by any Seller. This includes the transmission of any computer virus.

(c) (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.

(d) (Indemnity) You agree to indemnify Yacht Bazaar and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:

(i) breach of any term of this agreement;

(ii) use of the Marketplace; or

(iii) your provision or receipt of Services from another User.

(e) (Consequential loss) To the maximum extent permitted by law, under no circumstances will Yacht Bazaar be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or Seller arising under or in connection with the Marketplace, this agreement or their subject matter, or any services provided by any Seller (except to the extent this liability cannot be excluded under relevant consumer law).

(f) To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these terms including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.

14 CONFIDENTIALITY

You agree that:

(a) no information owned by Yacht Bazaar, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and

(b) all communications involving the details of other users on this Marketplace and of the Seller are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

15 PRIVACY

You agree to be bound by the clauses outlined in Yacht Bazaar’s Privacy Policy, which can be accessed here https://www.yacht-bazaar.com/en/infos/privacy.

16 TERMINATION

(a) Yacht Bazaar reserves the right to terminate a User’s access to any or all of the Marketplace (including any listings, memberships or Accounts) at any time without notice, for any reason.

(b) In the event that a User’s Account is terminated:

(i) the User’s access to all posting tools on the Marketplace will be revoked;

(ii) the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and Product Listings or requests); and

(iii) the User may be unable to view the details of other Sellers (including contact details, geographic details and any other details), and all Product Listings previously posted by the respective User will also be removed from the Marketplace.

(c) Users may terminate their Account, and any other membership they hold in connection with the Marketplace, at any time by using the Marketplace’s functionality, where such functionality is available. Where such functionality is not available, Yacht Bazaar will effect such termination within a reasonable time after receiving written notice from the User.

(d) Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Marketplace, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

17 TAX

You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Marketplace, and Yacht Bazaar will not be held accountable in relation to any transactions between Customers and Sellers where tax related misconduct has occurred.

18 RECORD / AUDIT

To the extent permitted by law, Yacht Bazaar reserves the right to keep all records of any and all transactions and communications made through this Marketplace between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Yacht Bazaar.

19 NOTICES

(a) A notice or other communication to a party under this agreement must be:

(i) in writing and in English; and

(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

(ii) when replied to by the other party,

whichever is earlier.

20 GENERAL

20.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the Seller of any legal process on the basis that the process has been brought in an inconvenient forum.

20.2 THIRD PARTY RIGHTS

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

20.3 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

20.4 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

20.5 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

20.6 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

20.7 COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

20.8 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

20.9 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (gender) words indicating a gender includes the corresponding words of any other gender;

(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(i) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

Part B Customers

1 PRODUCT LISTINGS AND FEES

(a) You acknowledge and agree that:

(i) if you respond to a Product Listing by purchasing a product offered in that Product Listing via our Marketplace, that will constitute your offer and intention to enter into a contract with the Seller;

(ii) for each offer to purchase a product in a Product Listing on the Marketplace that is accepted by the relevant Seller, you will conclude the transaction via the Marketplace and Yacht Bazaar may keep a Commission which will be calculated as a percentage of the Purchase Price; and

(iii) any terms and conditions relating to products, Purchase Prices and Product Listings provided via the Marketplace are solely between you and the relevant Seller and do not involve Yacht Bazaar in any way, except that such terms and conditions must not be inconsistent with your or the Seller’s obligations under this agreement.

2 PAYMENT

(a) (Payment obligations) Unless otherwise agreed in writing with the Seller, you must pay for all products specified in an accepted Product Listing prior to the Seller completing your order.

(b) (Card surcharges) Our Online Payment Partner may charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

(c) (Pricing errors) In the event that we discover an error or inaccuracy in any price at which your order was purchased via the Marketplace, we will attempt to contact you and inform you of this as soon as possible. Subject to agreement with the Seller, you will then have the option of purchasing the relevant services at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

3 CANCELLATIONS

(a) Yacht Bazaar will have no liability or obligation to you if a Seller cancels a Product Listing after it has been agreed and you will not be entitled to any compensation from Yacht Bazaar in relation to any such cancellation, including any portion of the Commission.

(b) If you wish to cancel the purchase of a product in an agreed Product Listing, before the Seller has performed it, you must contact the Seller. If Yacht Bazaar decides to investigate your cancellation, you must provide assistance and information to Yacht Bazaar as reasonably requested.

(c) If you cancel a purchase in an agreed Product Listing, whether the relevant Purchase Price paid by you is refundable will depend on the cancellation policy and refund policy of the relevant Seller.

4 RATINGS AND REVIEWS

(a) Customers may rate a Product Listing (Rating) and/or may provide feedback to Sellers regarding the services Customers received from them (Review).

(b) Customers’ Ratings and Reviews can be viewed by any User and will remain viewable until the relevant Seller Account and/or Product Listing is removed or terminated.

(d) If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or ban the relevant Customer from posting further Reviews. We do not undertake to review each Review made by Customers.

(e) To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

(f) You may not publish Reviews of Sellers to whom you have a personal or professional relationship (separately from the Marketplace).

(g) You may only write a Review about a Seller if you have had a buying or service experience with that Seller, which means that:

(i) you have purchased a product from that Seller via the Marketplace; or

(ii) you have placed an order with the Seller via the Marketplace; or

(iii) you can otherwise document your interaction with the Seller, including via correspondence or other interaction with the Seller via the Marketplace,

(collectively referred to as a Service Experience).

(h) You may only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.

(i) You may not write a Review about a Seller you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Seller, or work for the Seller. Similarly, you may not write a Review about a direct competitor to the Seller you own, are employed by or work for.

(j) Your Service Experience must have occurred within the last 12 months when you submit a Review.

(k) You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Seller to write a Review, you should include information about this in your Review. Incentives include the Seller offering you a gift, reward, discount or advantage for writing a Review about the Seller.

5 LINKED BUSINESSES

You acknowledge and agree that:

(a) the Marketplace provides links and introductions to Sellers owned and operated by third parties that are not under the control of Yacht Bazaar;

(b) the provision by Yacht Bazaar of introductions to Sellers does not imply any endorsement or recommendation by Yacht Bazaar of any Seller;

(c) Yacht Bazaar does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Seller who uses or is listed on the Marketplace;

(d) The Seller (and not Yacht Bazaar) is solely liable for compliance with consumer laws related to your online purchase; and

(e) any terms and conditions relating to a Product Listing or quote provided via the Marketplace constitute a contract between you and the Seller once agreed in accordance with clause 1 and do not involve Yacht Bazaar in any way.

6 COMMUNICATION OUTSIDE THE MARKETPLACE

(a) You must not communicate with a Seller, or request or entice a Seller to communicate with you, outside the Marketplace (except in the course of arranging receipt of the product as purchased in a Product Listing).

(b) Yacht Bazaar, in its absolute discretion, may cancel your Account and suspend you from using the Marketplace if it finds or suspects that you have breached or are in breach of this clause 6.

Part C Sellers

1 ELIGIBILITY AND QUALIFICATIONS

(a) You must verify that any Customer is over 18 years old or has their parent or guardian’s consent to use the Marketplace.

(b) If in any of your Product Listings or anywhere on your Account you hold yourself out to possess certain qualifications (Qualifications), you warrant to Yacht Bazaar that you do hold such Qualifications and if requested, will promptly provide Yacht Bazaar with evidence of the Qualifications.

2 PRODUCT LISTINGS

You acknowledge and agree that:

(a) you must use your best endeavours to provide as much information as possible in any listing you submit to the Marketplace in which you offer to sell used yacht products (Product Listing);

(b) Yacht Bazaar may choose not to accept any Product Listing you submit to the Marketplace, and Yacht Bazaar may limit the number of Product Listings you can submit to the Marketplace;

(d) you must take all reasonable steps to complete the services as described in every Product Listing that is accepted by a Customer, including by not cancelling any part of such a Product Listing;

(e) you must deal with any dispute with a Customer in accordance with clause of Part A;

(f) any additional terms and conditions relating to a Product Listing, or a quote provided via the Marketplace, are solely between you and the relevant Customer and do not involve Yacht Bazaar in any way, except that they must not be inconsistent with your or the Customer’s obligations under this agreement; and

(g) Yacht Bazaar will have no responsibility for the accuracy, reliability or timeliness of any Customer’s response to a Product Listing.

3 FULFILMENT OF PURCHASES

(a) You must ensure that all products specified in a Product Listing that is accepted by a Customer are provided:

(i) in accordance with all applicable laws, regulations, tax obligations and industry standards;

(ii) with due care and skill and in a professional, punctual and diligent manner using competent service providers (such as shipping and delivery providers) and ensuring all products are appropriately packed for shipment;

(iii) that you own and have the right to sell the products in a Product Listing; and

(iv) in accordance with all timeframes set out in the Product Listing.

(b) You acknowledge and agree that a Customer may review any Product Listing on the Marketplace in accordance with clause 4 of Part C of this agreement.

(c) If a Customer requests to reschedule the delivery time for the product delivery listed in a Product Listing, you may choose to accept or reject such a request.

4 FEES

(a) Viewing the Marketplace and posting a Product Listing is free.

(b) You will be required to quote the cost of the product in each Product Listing to a Customer (Purchase Price). We may charge a Commission, being a percentage of the Purchase Price as specified on the Marketplace (Commission) for each Product Listing that is accepted by a Customer. The Commission, where applicable, will be notified to you by us.

(c) When a Customer accepts a Product Listing, they will be prompted to pay the Purchase Price, plus the Commission (together, the ‘Product Listing Fee’).

(d) The balance of the Product Listing Fee minus the Commission (Your Fee) will be held in your Online Payment Partner account, by the Online Payment Partner, and transferred to your nominated bank account in accordance with the Online Payment Partner’s terms and conditions.

(e) You:

(i) appoint the Online Payment Partner as your limited collection agent solely for the purpose of accepting Your Fee from the Customer;

(ii) agree that payments made by Users to the Online Payment Partner (acting as your collection agent) will be considered the same as payments made directly to you; and

(iii) agree that all payments to your nominated bank accounts will be made in accordance with the timing specified by the Online Payment Partner, which may vary depending on your geographic location. The Online Payment Partner’s current payment terms are available here: https://stripe.com/docs/payouts and https://www.paypal.com/us/legalhub/pp-mktplace-pspsa

(f) Yacht Bazaar reserves the right to change or waive the Commission at any time by updating this agreement, on written notice to you. We will provide you with at least 14 days’ written notice if this occurs, and upon receipt of such notice you will have the right to terminate this agreement immediately, on written notice to us. Your continued use of the Services after you receive such written notice will constitute your consent to the change and/or waiver set out in that notice.

(g) You acknowledge and agree that, unless applicable laws or regulations require otherwise, taxes (including VAT) will be calculated and charged on the Purchase Price and we will calculate the Commission on an amount equal to the Purchase Price plus any taxes applicable to the Purchase Price.

5 REFUNDS & CANCELLATIONS

(a) Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel a service set out in an accepted Product Listing, before you have completed the transaction and shipped the product, you must contact us using the Marketplace’s functionality, including by providing details as to why you are cancelling. If Yacht Bazaar decides to investigate your request, you must provide assistance and information to Yacht Bazaar as reasonably requested.

(b) You must ensure that your cancellation policy and refund policy in relation to you or Customers cancelling an accepted Product Listing is in compliance with all applicable laws.

(c) Sellers are required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to give Customers a 14-day cooling off period and:

(i) It is the Seller’s responsibility to meet its statutory obligations under any applicable consumer laws or regulations; and

(ii) You indemnify Yacht Bazaar for any loss suffered by or claim made against Yacht Bazaar by a Customer for a breach of consumer law.

(d) If we accept your request to cancel a purchase set out in an accepted Product Listing, we may take one or more of the following actions:

(i) cancel your Account and/or any membership you hold in connection with the Marketplace;

(ii) refund the Purchase Price to the relevant Customer; and

(iii) if we refund the Purchase Price, require you to pay all or part of the Purchase Price to us, and issue you with an invoice for that amount.

(e) The Commission is by default non-refundable for change of mind. However, Yacht Bazaar may, in its absolute discretion, issue refunds of the Commission in certain circumstances.

(f) You agree to honour and comply with the process set out in this clause 6 in the event of a pricing error in a Product Listing.

6 BYPASSING

(a) You agree that while you are a Seller on the Marketplace, regardless of the reason that your Account was suspended or cancelled, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Customer whom you came to know about, or with whom you provided goods to directly or indirectly, by using the Marketplace. This provision will apply whether or not the Customer or their representative is still active on the Marketplace.

(b) Yacht Bazaar may, in its absolute discretion, cancel your Account and suspend you from using the Marketplace if it finds or suspects that you have breached or are in breach of this clause 6.

7 BINDING CONTRACT

You agree that when a Customer submits an enquiry or proceeds to purchase a product in response to your Product Listing, this constitutes their intention and offer to enter into a contract with you, where you will provide the Customer with the product as specified in the relevant Product Listing, in exchange for payment of the relevant Purchase Price. A contract is formed in this respect (between you and the Customer) when you respond to an email or message on the Marketplace confirming that you accept the Customer’s offer.

8 WARRANTIES

By listing yourself as a Seller on the Marketplace, posting a Product Listing you represent and warrant that:

(a) you are able to fulfil the requirements of the sale of the product specified in the Product Listing;

(b) you will provide the product to each Customer:

(i) in compliance with all applicable laws (including consumer laws); and

(ii) the terms of the Product Listing.

9 DATA PROCESSING

Unless otherwise expressly stated in this agreement, the Seller’s obligations and Yacht Bazaar’s rights and remedies under this clause 9 of Part C are cumulative with, and additional to, any other provisions of this Agreement.

9.1 USE OF CUSTOMER PERSONAL DATA

(a) Yacht Bazaar will be the controller of all Customer Personal Data that is submitted by a Customer through the Marketplace, including Customer Personal Data and any personal data in respect of the Seller.

(b) The Seller will be the processor of this Customer Personal Data when it processes this personal data as per the instructions of Yacht Bazaar under these terms. The Seller shall process the Customer Personal Data only in accordance with this clause 9 of Part C and applicable laws, including the Data Protection Legislation and only to perform the Seller’s obligations under this Agreement or as necessary for legal compliance. The Seller shall not:

(i) transmit Customer Personal Data to any third-party except for the strict purposes of performing its obligations under this agreement and the contract for purchase of Services with the Customer;

(ii) permit disclosures of the Customer Personal Data to any third party SAVE for staff, sub-contractors and sub-processors in order to perform the contract with the Customer who are bound by obligations of confidentiality and data protection similar to those contained herein (for the avoidance of doubt, Seller shall remain fully responsible and liable for the acts and omissions of all its discloses as if they were its own acts and omissions);

(iii) use Customer Personal Data to send marketing materials to or contact any person except for purposes of performing under this agreement; or

(iv) solicit additional information from a Customer or related individual.

9.2 COMPLIANCE WITH DATA PROTECTION LAWS

The parties agree that Yacht Bazaar is a Controller and that the Seller is a Processor for the purposes of processing Protected Data pursuant to this Agreement. The Seller shall, and shall ensure the Sub-Processors and each of the Seller Personnel shall, at all times, comply with all Data Protection Laws in connection with the processing of Protected Data and the provision of the services to Customers and shall not by any act or omission cause Yacht Bazaar (or any other person) to be in breach of any of the Data Protection Laws. Nothing in this Agreement relieves the Seller of any responsibilities or liabilities under Data Protection Laws.

9.3 SELLER INDEMNITY

The Seller shall indemnify and keep indemnified Yacht Bazaar against:

(a) all losses, claims, damages, liabilities, fines, interest, penalties, costs, charges, sanctions, expenses, compensation paid to Data Subjects (including compensation to protect goodwill and ex gratia payments), demands and legal and other professional costs (calculated on a full indemnity basis and in each case whether or not arising from any investigation by, or imposed by, a Data Protection Supervisory Authority) arising out of or in connection with any breach by the Seller of its obligations under this Schedule; and

(b) all amounts paid or payable by Yacht Bazaar to a third party which would not have been paid or payable if the Seller’s breach of this Schedule had not occurred.

9.4 INSTRUCTIONS

The Seller shall only process (and shall ensure Seller personnel only process) the Protected Data in accordance with Section 1 of Part B of this Schedule, this Agreement and Yacht Bazaar’s written instructions from time to time (including with regard to any transfer to which paragraph 9 relates) except where otherwise required by applicable law (and in such a case shall inform Yacht Bazaar of that legal requirement before processing, unless applicable law prevents it doing so on important grounds of public interest). The Seller shall immediately inform Yacht Bazaar if any instruction relating to the Protected Data infringes or may infringe any Data Protection Law. The Seller shall retain records of all instructions relating to the Protected Data received from Yacht Bazaar.

9.5 SECURITY

(a) The Seller shall, at all times, implement and maintain appropriate technical and organisational measures to protect Protected Data against accidental, unauthorised or unlawful destruction, loss, alteration, disclosure or access. Such technical and organisational measures shall be at least equivalent to the technical and organisational measures set out in Section 2 of Part B of this Schedule and shall reflect the nature of the Protected Data.

(b) Except as agreed by the parties by way of a binding variation of this Agreement, the Seller may not make any change to the security measures it applies to the Protected Data from time to time to the extent any such change would conflict with the provisions of this Agreement.

9.6 SUB-PROCESSING AND PERSONNEL

(a) The Seller shall not permit any processing of Protected Data by any agent, sub-contractor or other third party (except its own employees that are subject to an enforceable obligation of confidence with regards to the Protected Data) without the prior specific written authorisation of that Sub-Processor by Yacht Bazaar that takes effect by way of a binding variation to this Agreement and only then subject to such conditions as Yacht Bazaar may require.

(b) The Seller shall ensure that access to Protected Data is limited to the authorised persons who need access to it to supply the Services.

(c) The Seller shall, prior to the relevant Sub-Processor carrying out any processing activities in respect of the Protected Data, appoint each Sub-Processor under a binding written contract containing the same obligations as under this Schedule in respect of Protected Data that (without prejudice to, or limitation of, the above):

(i) includes providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing of the Protected Data will meet the requirements of all Data Protection Laws; and

(ii) is enforceable by the Seller,

and ensure each such Sub-Processor complies with all such obligations.

(d) The Seller shall remain fully liable to Yacht Bazaar under this Agreement for all the acts and omissions of each Sub-Processor and each of the Seller Personnel as if they were its own.

(e) The Seller shall ensure that all persons authorised by the Seller or any Sub-Processor to process Protected Data are reliable and:

(i) adequately trained on compliance with this Schedule as applicable to the processing;

(ii) informed of the confidential nature of the Protected Data and that they must not disclose Protected Data;

(iii) subject to a binding and enforceable written contractual obligation to keep the Protected Data confidential; and

(iv) provide relevant details and a copy of each agreement with a Sub-Processor to Yacht Bazaar on request.

9.7 ASSISTANCE

(a) The Seller shall (at its own cost and expense) promptly provide such information and assistance (including by taking all appropriate technical and organisational measures) as Yacht Bazaar may require in relation to the fulfilment of Yacht Bazaar’s obligations to respond to requests for exercising the Data Subjects’ rights under Chapter III of the GDPR (and any similar obligations under applicable Data Protection Laws).

(b) The Seller shall (at its own cost and expense) promptly provide such information, co-operation and other assistance to Yacht Bazaar as Yacht Bazaar requires (taking into account the nature of processing and the information available to the Seller) to ensure compliance with Yacht Bazaar’s obligations under Data Protection Laws, including with respect to:

(i) security of processing (including with any review of security measures);

(ii) data protection impact assessments (as such term is defined in Data Protection Laws);

(iii) prior consultation with a Data Protection Supervisory Authority regarding high risk processing; and

(iv) any remedial action and/or notifications in response to any Personal Data Breach and/or any complaint or request relating to either party’s obligations under Data Protection Laws relevant to this Agreement, including (subject in each case to Yacht Bazaar’s prior written authorisation) regarding any notification of the Personal Data Breach to Data Protection Supervisory Authorities and/or communication to any affected Data Subjects.

9.8 DATA SUBJECT REQUESTS

The Seller shall (at no cost to Yacht Bazaar) record and refer all requests and communications received from Data Subjects or any Data Protection Supervisory Authority to Yacht Bazaar which relate (or which may relate) to any Protected Data promptly (and in any event within three days of receipt) and shall not respond to any without Yacht Bazaar’s express written approval and strictly in accordance with Yacht Bazaar’s instructions unless and to the extent required by applicable law.

9.9 INTERNATIONAL TRANSFERS

The Seller shall not process and/or transfer, or otherwise directly or indirectly disclose, any Protected Data in or to any country or territory outside the United Kingdom or EEA or to any International Organisation without the prior written authorisation of Yacht Bazaar (which may be refused or granted subject to such conditions as Yacht Bazaar deems necessary).

9.10 RECORDS

The Seller shall maintain complete, accurate and up to date written records of all categories of processing activities carried out on behalf of Yacht Bazaar. Such records shall include all information necessary to demonstrate its and Yacht Bazaar’s compliance with this Schedule, the information referred to in Articles 30(1) and 30(2) of the GDPR and such other information as Yacht Bazaar may reasonably require from time to time. The Seller shall make copies of such records available to Yacht Bazaar promptly (and in any event within 5 days) on request from time to time.

9.11 AUDIT

The Seller shall (and shall ensure all Sub-Processors shall) promptly make available to Yacht Bazaar (at the Seller’s cost) such information as is reasonably required to demonstrate the Seller’s and Yacht Bazaar’s compliance with their respective obligations under this Schedule and the Data Protection Laws, and allow for, permit and contribute to audits, including inspections, by Yacht Bazaar (or another auditor mandated by Yacht Bazaar) for this purpose at Yacht Bazaar’s request from time to time. The Seller shall provide (or procure) access to all relevant premises, systems, personnel and records during normal business hours for the purposes of each such audit or inspection upon reasonable prior notice (not being more than [two] Days) and provide and procure all further reasonable co-operation, access and assistance in relation to any such audit or inspection.

9.12 BREACH

(a) The Seller shall promptly (and in any event within 24 hours) notify Yacht Bazaar if it (or any of the Sub-Processors or the Seller Personnel) suspects or becomes aware of any suspected, actual or threatened occurrence of any Personal Data Breach in respect of any Protected Data.

(b) The Seller shall promptly (and in any event within 24 hours) provide all information as Yacht Bazaar requires to report the circumstances referred to in paragraph (a) (above) to a Data Protection Supervisory Authority and to notify affected Data Subjects under Data Protection Laws.

9.13 DELETION/RETURN

(a) Subject to paragraph (b), the Seller shall (and shall ensure that each of the Sub-Processors and Seller Personnel shall) within not less than two days and not more than four days of the relevant Processing End Date securely delete the Protected Data (and all copies) except to the extent that storage of any such data is required by applicable law (and, if so, the Seller shall inform Yacht Bazaar of any such requirement and shall securely delete such data as soon as it is permitted to do so under applicable law).

(b) The Seller shall (and shall ensure that each of the Sub-Processors and Seller Personnel shall) promptly comply with any requests from time to time from Yacht Bazaar for the secure return or transfer to Yacht Bazaar of any Protected Data in such form and by such manner as Yacht Bazaar reasonably requests, provided such request is received within two days of the relevant Processing End Date.

(c) Within two days of the date for performance of any obligation under paragraph (a), the Seller shall notify Yacht Bazaar in writing:

(i) with confirmation of the extent to which it has complied with all obligations under paragraph (a) to delete Protected Data;

(ii) if applicable, of the full details of any failure to comply with any obligation under paragraph (a) (in which case the Seller shall notify Yacht Bazaar immediately once this has been corrected); and

(iii) if applicable, of the full details of any Protected Data that continues to be stored as required by applicable law (together with confirmation of the relevant law(s)).

9.14 SURVIVAL

This clause 9 of Part C shall survive termination or expiry of this Agreement for any reason.

9.15 COST

The Seller shall perform all its obligations under this clause 9 of Part C at no cost to Yacht Bazaar.

9.16 RIGHTS OF DATA SUBJECTS

Nothing in these terms greement affects the rights of Data Subjects under Data Protection Laws (including those in Articles 79 and 82 of the GDPR or in any similar Data Protection Laws) against Yacht Bazaar, the Seller or any Sub-Processor.

9.17 DEFINITIONS

In this clause:

Controller has the meaning given in applicable Data Protection Laws from time to time;

Data Protection Laws means all applicable law relating to the processing, privacy and/or use of Personal Data, as applicable to either party or the Services, including:

the UK GDPR;

the Data Protection Act 2018;

any laws which implement or supplement any such laws;

any laws that replace, extend, re-enact, consolidate or amend any of the foregoing; and

all guidance, guidelines and codes of practice issued by any relevant Data Protection Supervisory Authority relating to such Data Protection Laws (in each case whether or not legally binding);

Data Protection Supervisory Authority means any regulator, authority or body responsible for administering Data Protection Laws;

Data Subject has the meaning given in applicable Data Protection Laws from time to time;

International Organisation has the meaning given in applicable Data Protection Laws from time to time;

Personal Data has the meaning given in applicable Data Protection Laws from time to time;

Personal Data Breach has the meaning given in applicable Data Protection Laws from time to time;

processing has the meaning given in applicable Data Protection Laws from time to time (and related expressions, including process, processed, and processes shall be construed accordingly);

Processing End Date means in respect of any Protected Data, the earlier of:

the end of the provision of the relevant Services related to the processing of such Protected Data; or

once processing by the Seller of such Protected Data is no longer required for the purpose of the Seller’s performance of its relevant obligations under this Agreement;

Processor has the meaning given in applicable Data Protection Laws from time to time;

Protected Data means Personal Data received from or on behalf of Yacht Bazaar, or otherwise obtained in connection with the performance of the Seller’s obligations under this Agreement; and

Customer Personal Data means any personal data or information related to identified or identifiable Customers or related third-parties. Categories of personal data likely to fall under the definition of Customer Personal Data that is processed by Seller includes, but is not limited to, name, address and contact details which shall be made available to the Seller by Yacht Bazaar during the Booking process. For the avoidance of doubt, “personal data” shall be accorded the definition given under Article 4 of the GDPR.

Sub-Processor means any Processor engaged by the Seller (or by any other Sub-Processor) for carrying out any processing activities in respect of the Protected Data.

UK GDPR means the General Data Protection Regulation, Regulation (EU) 2016/679, as it forms part of domestic law in the United Kingdom by virtue of section 3 of the European Union (Withdrawal) Act 2018 (including as further amended or modified by the laws of the United Kingdom or of a part of the United Kingdom from time to time).

YACHT BAZAAR COOKIES POLICY

Please read this cookie policy carefully as it contains important information on who we are and how we use cookies on our online marketplace available at: https://www.yacht-bazaar.com/en/infos/terms (hereafter, the Marketplace). This policy should be read together with our Privacy Policy which set out who we are, how to contact us, what data is collected, how and why we collect, store, use and share personal information generally, as well as your rights in relation to your personal information and details of how to contact us and supervisory authorities if you have a complaint.

1 COOKIES

A cookie is a small text file which is placed onto your device (e.g. your smartphone or other electronic device) when you use our Marketplace. When we use cookies on our Marketplace, you will always be informed by a pop-up within the Marketplace.

Cookies help us to recognise you and your device and allow us to store some information about your preferences or past actions, including your location data (for more information, please see our Privacy Policy).

For example, we may monitor how many times you visit our Marketplace, which parts of the Marketplace you go to. This information helps us to understand use of the Marketplace by our users. Some of this data will be aggregated or statistical, which means that we will not be able to identify you individually.

For further information on our use of cookies, including a detailed list of your information which we and others may collect through cookies, please see below.

For further information on cookies generally, including how to control and manage them, visit the guidance on cookies published by the UK Information Commissioner’s Office, www.aboutcookies.org or www.allaboutcookies.org.

2 CONSENT TO USE COOKIES AND CHANGING SETTINGS

We only use essential cookies that are necessary for the functioning of our Marketplace (e.g. to allow you to remain logged-in to the Marketplace as you navigate within the Marketplace and use the Marketplace functionalities). We do not require your consent for these cookies, but a list of them and their providers as well as the duration of the cookie are available here:

INSERT LIST

As we only use essential cookies, there is no need to manage cookie preferences. However, if this changes, we will update this policy and provide tools for you to manage your cookie preferences.

3 HOW TO TURN OFF ALL COOKIES AND CONSEQUENCES OF DOING SO

If you do not want to accept any cookies, you may be able to change your browser settings. However, please note that essential cookies cannot be turned off as they are necessary for the functioning of our Marketplace. If you do this, please be aware that you may lose some of the functionality of our Marketplace and of other Marketplace you use on your device. For further information about cookies and how to disable them please go to the guidance on cookies published by the UK Information Commissioner’s Office, www.aboutcookies.org or www.allaboutcookies.org.

4 CHANGES TO THIS POLICY

This policy was published on [November 2023] and last updated on [November 2023]. We may change this cookies policy from time to time, when we do we will inform you via the Marketplace or by updating this policy. This policy is governed by the laws of England and Wales.

YACHT BAZAAR LTD – EMAIL DISCLOSURES

For General emails

Yacht Bazaar Ltd (Company Number 15198753) being a company incorporated in England and Wales with registered office at Suite 114, Lymington Town Hall, Avenue Road, Lymington, England, SO41 9ZG, United Kingdom. This message is intended solely for the addressee and may contain confidential information. If you have received this message in error, please send it back to us, and immediately and permanently delete it. Do not use, copy or disclose the information contained in this message or in any attachment. For information about how we process data and monitor communications please see our Privacy policy and for terms of use please see our Website Terms and Conditions. Although Yacht Bazaar Ltd has taken reasonable precautions to ensure no viruses are present in this email, Yacht Bazaar Ltd cannot accept responsibility for any loss or damage sustained as a result of computer viruses and the recipient must ensure that the email (and attachments) are virus free.

For Marketing emails: opt-out wording

You are receiving this email because you are on our mailing list. If you would like to unsubscribe from our emails, please click here.

This email has been sent to [EMAIL ADDRESS]. You have received this email because you have subscribed to our newsletter. To unsubscribe, click Unsubscribe.

YACHT BAZAAR LTD

MARKETPLACE TERMS AND CONDITIONS

1 INTRODUCTION

(a) These terms and conditions (Terms) apply when you use this Marketplace, [www.yacht-bazzaar.com] (Marketplace).

(b) You agree to be bound by these Terms which form a binding contractual agreement between you and us, Bazaar LTD registered at Companies House under Company number 15198753 with registered office at Suite 114, Lymington Town Hall, Avenue Road, Lymington, England, SO41 9ZG, United Kingdom (Yacht Bazaar, our, we or us).

(d) We may change these Terms at any time by updating this page of the Marketplace, and your continued use of the Marketplace following such an update will represent an agreement by you to be bound by the Terms as amended.

2 ACCESS AND USE OF THE MARKETPLACE

You must only use the Marketplace in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Marketplace comply with the Terms and any applicable laws. These Terms are in addition to our Marketplace Terms and Conditions, available here: [https://www.yacht-bazaar.com/en/infos/terms].

3 YOUR OBLIGATIONS

You must not:

(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Marketplace without our express consent;

(b) use the Marketplace for any purpose other than the purposes of displaying, browsing, selecting, or purchasing used yachting items;

(c) use, or attempt to use, the Marketplace in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(d) use, or attempt to use, the Marketplace in a manner that may interfere with, disrupt or create undue burden on the Marketplace or the servers or networks that host the Marketplace;

(e) use the Marketplace with the assistance of any automated scripting tool or software;

(f) act in a way that may diminish or adversely impact our reputation, including by linking to the Marketplace on any other Marketplace; and

(g) attempt to breach the security of the Marketplace, or otherwise interfere with the normal functions of the Marketplace, including by:

(i) gaining unauthorised access to Marketplace accounts or data;

(ii) scanning, probing or testing the Marketplace for security vulnerabilities;

(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Marketplace; or

(iv) instigate or participate in a denial-of-service attack against the Marketplace.

4 INFORMATION ON THE MARKETPLACE

While we make every effort to ensure that the information on the Marketplace is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

(a) the Marketplace will be free from errors or defects;

(b) the Marketplace will be accessible at all times;

(d) information you receive or supply through the Marketplace will be secure or confidential; or

(e) any information provided through the Marketplace is accurate or true.

We reserve the right to change any information or functionality on the Marketplace by updating the Marketplace at any time without notice, including product descriptions, prices and other Marketplace Content.

5 INTELLECTUAL PROPERTY

(a) We retain ownership of the Marketplace and all materials on the Marketplace (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Marketplace Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

(b) You may make a temporary electronic copy of all or part of the Marketplace for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Marketplace or any Marketplace Content without prior written consent from us or as permitted by law.

6 LINKS TO OTHER WEBSITES

(a) The Marketplace may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for it.

(b) Inclusion of any linked website on the Marketplace does not imply our approval or endorsement of the linked website.

7 SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Marketplace. You should take your own precautions to ensure that the process that you employ for accessing the Marketplace does not expose you to risk of viruses, malicious computer code or other forms of interference.

8 REPORTING MISUSE

If you become aware of misuse of the Marketplace by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

9 PRIVACY

You agree to be bound by our Privacy Policy, which can be found https://www.yacht-bazaar.com/en/infos/privacy.

10 LIABILITY

(a) We make no warranties or representations about this Marketplace or any of its content and will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this Marketplace. To the maximum extent permitted by law, we exclude any liability that may arise due to your use of our Marketplace and/or the information or materials contained on it. You agree to indemnify us for any loss or liability arising out of your use of this Marketplace.

(b) To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these Terms including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.

(c) Nothing in these Terms shall exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.

11 GENERAL

11.1 GOVERNING LAW AND JURISDICTION

This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

11.2 THIRD PARTY RIGHTS

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

11.3 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

11.4 SEVERANCE

11.5 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

11.6 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

11.7 ENTIRE AGREEMENT

11.8 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (gender) words indicating a gender includes the corresponding words of any other gender;

(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms (this agreement), and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

(g) (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;

(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(i) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

Information about Yacht Bazaar