ATTENTION, YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
IF YOU DO NOT WISH TO ACCEPT THE PRESENT TERMS, DO NOT USE THE SERVICES AND UNINSTALL AND YACHTING TRADER APPLICATIONS FROM YOUR DEVICE.
1.1 Welcome to Yachting Trader, operated and owned by Better Business Group Limited and its subsidiaries (hereinafter, “Yachting Trader,” “us,” or “we”). Please read the rules and restrictions that govern your use of our website(s), products, services and mobile applications (the “Services”).
1.2 These terms and conditions shall govern your use of our website.
1.3 By using our website, you accept these terms and conditions in full; (the “Terms”) are a binding contract between you and Yachting Trader. The terms govern the use of the Services that Yachting Trader offers as a marketplace platform via its mobile application and website for users to sale products online.
Accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our App or Website. If you do not wish to accept the present Terms, do not use the Services and uninstall any Yachting Trader applications from your device.
1.4 If you register with our App or website, submit any material to our App or website, and use any of our App or website services, you will be asked to agree to these terms and conditions.
1.5 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
2. Copyright notice
2.1 Copyright (c) 2016 Yachting Trader
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our App and Website and the material on our App and Website; and
(b) all the copyright and other intellectual property rights in our App and Website and the material on our App and Website are reserved.
3. Licence to use App and Website
3.1 You may:
(a) view pages from our website in a web browser and download our app;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services by means of a web browser or mobile device,
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website, including republication on another website;
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.
3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4. Acceptable use
4.1 You must not:
(a) use our Website or App in any way or take any action that causes, or may cause, damage to the App or Website or impairment of the performance, availability or accessibility of the website;
(b) use our App or Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our App or Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our App or Website using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt file for our website; or
(g)use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must ensure that all the information you supply to us through our App or Website, or in relation to our App or Website, is true, accurate, current, complete and non-misleading.
5. Use on behalf of organization
5.1 If you use our App or Website you expressly agree to these terms and conditions in the course of a business or other organizational project, then by so doing you bind both:
(a) yourself; and
(b) the person, company or other legal entity that operates that business or organizational project,
to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant person, company or legal entity.
6. User Accounts and Registration
6.1 This Section 6 applies to all users who must be 18 years of age or older.
6.2 When using our services you are required to sign up for an account, enter a password and user name (“Yachting Trader User ID”).
6.3 You must provide accurate, complete, and updated registration information about yourself.
6.4 You must promptly notify us if the mobile phone number you provided for us to communicate with you is changed.
6.5 You can not select a Yachting Trader User ID that you don't have the right to use, is liable to mislead and it must comply with the content rules set out in Section 20; you must not use your account or user ID for or in connection with the intent of impersonation of any person.
6.6 Yachting Trader shall not be liable for any information you provide that is not truthful, since we can not verify the provided information with certainty.
6.7 You can not transfer your account to anyone else without our prior written permission.
6.8 In using the Yachting Trader Service, you agree to use the App and Website and their contents and services in accordance with the law and in accordance with these Terms.
6.9 You must not use Yachting Trader Service to conduct illegal activities or in a manner that constitutes a criminal offense, including violations of a third party's rights.
8. Your Account and Security
8.1 When you register for an account on our App or Website, you accept and assume all liability that may arise from any and all activity that originates from your account or occurs under your username and password.
8.2 You acknowledge that you are responsible for maintaining the confidentiality of the password you designate during the registration process.
8.3 You must keep your password confidential. You cannot share it with other people or perform acts that may diminish or undermine the security of your account.
8.4 You must notify us in writing immediately if you become aware of any disclosure of your password in order to recover your account.
8.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
9. Account: Suspension, Deactivation and Cancellation
9.1 We may at any time in our sole discretion without notice or explanation, and for any reason, decide whether you are in violation of any of the restrictions set forth in these Terms to:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
9.2 You may:
(a) cancel your account on our App or Website using your account settings and control panel. You will not be entitled to any refund of active promotions if you cancel your account in accordance with this Section 9.2.
(b) refer to our Privacy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.
9.3 If you deactivate your account, you can re-activate it by logging in again or retrieving your password at the login page.
9.4 Account termination, deletion, or deactivation may result in destruction of any and/or all User Submissions or Content associated with your account.
9.5 You can request retrieval for (USD 15) of any user submissions stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone's right, safety or security, or otherwise harmful to the rights or property of Yachting Trader.
9.6 Provisions that survive termination of these Terms by way of example are:
(a) any obligation you have to pay us or indemnify Yachting Trader,
(b) any limitations on our liability,
(c) any terms regarding ownership or intellectual property rights,
(d) and terms regarding disputes between us.
10. Seller stores
10.1 If you register with our App or Website and would like to join as a business seller, you will be able to create your own store on the App or Website.
10.2 To create a store on our App or website, you should email firstname.lastname@example.org for the account opening and approval.
10.3 Seller stores that are submitted will be individually reviewed within 48 hours following submission.
10.4 Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, unpublish and/or delete any seller store that breaches these terms and conditions or that does not meet any additional guidelines for seller stores published on our website.
10.5 If we permit the publication of a seller store, it will remain published on our website indefinitely for the relevant period set out on our website from time to time, subject to these terms and conditions.
11. Listing, Selling and Wanted Postings
11.1 Only after register with our App or Website will users be able to submit and post listings.
11.2 To create a listing on our App or website, you should click the Post link on the APP or Website.
11.3 Listings that are submitted will be automatically screened and processed for posting to the App and Website.
11.4 Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, unpublish and/or delete any listings that breach these terms and conditions or that do not meet any additional guidelines for listings published on our App or Website; and if we reject, unpublish or delete a listing for any of these reasons, we will not refund any fees you may have paid to us in respect of the listing.
11.5 If we permit the publication and posting of a listing, it will remain published on our website for the relevant period set out on our website, subject to these terms and conditions.
11.6 Listings submitted to our website must be true, fair, complete and accurate in all respects.
11.7 Listings submitted to our website must constitute bona fide listings.
11.8 Listings must be allocated to the appropriate category or categories. If you cannot identify an appropriate category for a listing, please contact us email@example.com
11.9 You must keep your listings up to date using our App or Website interface; in particular, you must remove any listings in respect of items that have ceased to be available.
11.10 You must ensure that all prices specified in or in relation to a listing are in USD or EURO only.
12.1 You agree not to violate any of Yachting Trader, App and Websites, services, applications and tools, Prohibited Actions and agree not to engage in any actions from the below non-exhaustive list of prohibited actions:
12.2 violate any laws;
12.3 violate the Posting Rules;
12.4 manipulating the price of any item or interfere with any other user's listings;
12.5 breaching or circumventing any laws, third-party rights or our systems, policies, or determinations of your account status;
12.6 posting false, fraudulent, deceptive, inaccurate, misleading, defamatory, or libelous content, or content that is harmful, threatening, harassing, obscene, racist, xenophobic, or otherwise objectionable;
12.7 taking any action that may undermine the feedback or ratings systems;
12.8 post or otherwise communicate any false or misleading material or message of any kind;
12.9 infringe any third-party right;
12.10 distributing or posting spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
12.11 distribute viruses or any other technologies that may harm Yachting Trader or the interests or property of Yachting Trader users;
12.12 impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Yachting Trader;
12.13 copy, modify, or distribute any other person's content without their consent;
12.14 use any robot spider, scraper or any other means, manual or automated, means to access Yachting Trader and collect content for any purpose without our express written permission;
12.15 harvest or otherwise collect information about others, including email addresses, without their consent;
12.16 copy, modify or distribute rights or content from the Yachting Trader site, services, applications or tools or Yachting Trader’s copyrights and trademarks;
12.17 harvest or otherwise collect information about users, including email addresses, without their consent
12.28 bypass measures used to prevent or restrict access to Yachting Trader, including interfering with the working of our Services, or imposing an unreasonable or disproportionately large load on our infrastructure, unsolicited, or unauthorized advertising, promotion materials, commercial activities, and/or sales, any form of auto-responder or “spam”.
12.29 circumventing any technical measures, including, but not limited to, violating the security of any computer network, or cracking any passwords or security encryption codes;
12.20 sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
12.21 decompiling, reverse engineering, or otherwise attempting to obtain the source code of underlying idea or information of or relating to the Services;
12.22 using Yachting Trader if you are not able to form legally binding contracts, under the age of 18 or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
12.23 failing to pay for items purchased, or failing to deliver items sold unless you have a valid reason as set out in a Yachting Trader policy;
12.24 using our Services in any manner that violates applicable electronic funds transfer or credit card network rules or regulations;
12.25 You must not use our website to advertise, buy, sell or supply services, intangible products or downloadable products.
12.26 You must not advertise, buy, sell or supply through our website any product that:
(a) breaches any law, regulations or code, or infringes any person's intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;
(b) consists of or contains material that would, if published on our website by you, contravene the provisions of Section 4 or Section 19.
12.27 any violation of these terms is grounds for termination of your right to use or access the Services.
12.38 if we find cause to beleive you are abusing Yachting Trader in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove and demote listings, take technical and/or legal steps to prevent you from using our Services.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.
13. Posting and Listing Item Rules
13.1 Posting and listing items in inappropriate categories or areas on our Services will be removed;
13.2 Posting and listing items for sale that are generally illegal to own or possess will be removed, for a full list of prohibited items please read below section 14. Prohibited Items for sale;
13.3 Posting and listing items that infringe or violate the intellectual property rights or any other rights of anyone else including Yachting Trader will be removed
13.4 Listings must not have images that are:
(a) unclear, too small, too dark, or too bright.
(b) do not show the whole item or the actual item.
(c) are inconsistent with the item description.
(d) cell phone screenshots, composite images, and stock images.
(e) contain phone numbers, emails, and links are not allowed.
(f) that have already been uploaded (duplicates)
13.5 Listings must not have descriptions that are:
(a) directing users to sites away from Yachting Trader.
(b) offering more than one item for sale.
(c) Offensive or inappropriate words.
(d) containing phone numbers or personal contact information.
13.6 Listings must not have Pricings that are:
(a) low to attract buyers and later asking for more in the description or when communicating with buyers.
(b) higher than its original retail value.
(c) false in the attempt to get bids on your item.
13.7 Duplicates that are:
(a) multiple listings for the same item.
(b) flagged and removed from the App and Website immediately.
14.Prohibited Items for sale
The following items are prohibited for sale:
14.1 Adoption and Surrogacy Services
14.3 Animal Food and Medicine
14.4 Banned Animal, Animal parts and Trapping Devices
14.6 Cigarettes, Tobacco and Nicotine
14.7 Counterfeit, Fake, Imposter and Replicas
14.8 Credit, Debit, Gift Cards
14.9 Drugs, RX/OTC and drug paraphernalia
14.10 Escort Services and Prostitution
14.11 Feminine Hygiene Products, Contraceptives and Birth Control
14.12 Firearms, Ammunition or Fireworks
14.13 Food Products
14.14 Football tickets
14.15 Games consoles
14.16 Guns & Firearm Accessories/Parts
14.17 Hate and Supremacy organizations of any kind
14.18 Hazard Materials and Explosives
14.19 Human parts, remains or services
14.20 Illegal, Unlawful Items & services
14.21 Illicit Drugs and Paraphernalia
14.22 Lottery Tickets and Sweepstakes Entries
14.23 Medical Devices
14.24 Military and Government Documents
14.25 Nazi memorabilia
14.26 No Threats, Violence, or Personal Endangerment
14.27 Parking permits
14.28 Personal Credentials, information or Mailing lists
14.29 Pirated and Hacked Software
14.30 Police, Military, Law Enforcement Uniforms and Vehicles
14.31 Pyramid Schemes, Multi-Level Marketing, Network Marketing and Related Programs
14.32 Recalled Items
14.33 Restricted and Regulated Plants
14.34 Sanctioned and Embargoed Goods
14.35 Sexual Content, Nudity, Pornography
14.36 Shocking, Disturbing, and Violent Content
14.37 Slot Machines and Video Poker Machines
14.38 Stocks, Securities and Active Currency
14.39 Stolen goods
14.41 Train, coach and bus tickets
14.42 Unlocked hardware
14.43 Unlocking software
14.44 Used Cosmetics, Toiletries, Anti-Aging Creams and Lotions
14.45 Virtual items and products
14.47 Weapons and Knives
15. Terms and conditions of sale
15.1 Except to the extent that a buyer and seller expressly agree otherwise not with standing any terms agreed between a buyer and a seller, the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:
(a) the price for a product will be as stated in the relevant product listing;
(b) delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, and VAT and other taxes will only be payable by the buyer if this is expressly and clearly stated in the product listing;
(c) deliveries of products must be made within 30 days following the date the contract of sale comes into force or such shorter period as the buyer and seller may agree;
(d) appropriate means of delivery of products must be used by the seller; and
(e) products must be of satisfactory quality, and must be fit for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the seller to the buyer.
15.2 If the seller is a trader and the buyer is a consumer, the provisions of Section 15 shall be incorporated into the contract of sale and purchase between a buyer and a seller.
15.3 Both buyers and sellers undertake to comply with the agreed terms and conditions of sale and purchase.
16. Our Role
16.1 You acknowledge that:
(a) we do not confirm the identity of website users, check their credit worthiness or bona fides, or otherwise vet them;
(b) we do not check, audit or monitor the information contained in listings;
(c) We are not involved in any transactions between buyers and sellers who use the Services, and does not act as the buyer or seller (or agent for buyers or sellers, except as expressly provided herein) with respect to any such transactions.
(d) We are not involved in any transactions between buyers and sellers who use the Services, and does not act as the buyer or seller (or agent for buyers or sellers, except as expressly provided herein) with respect to any such transactions.
(e) we are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a marketplace for buyers and sellers.
(f) we are not party to any contract for the sale or purchase of products advertised on the App or Website;
(g) we are not the agents for any buyer or seller,
(h) we have no control over, do not endorse or guarantee, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services.
(i) we will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
(j) We do not offer or provide refunds to buyers who have made purchases from sellers via the Services; any refunds are the obligations of the seller, as agreed between buyer and seller.
(k) We reserves the right to publish the applicable guidelines, policies, and regulations to regulate sellers' or buyers' standards of behaviors and dispute resolution procedures for customer complaints, in which event such procedures will govern any refunds from the seller.
(l) We will not be liable to any person in relation to the offer for sale or sale or purchase of any products advertised on our website; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.
(m) Your interactions with organizations and/or individuals found on or through the Services, including payment for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
(n) You should use the rating system and make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
(o) You agree that Yachting Trader shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants using the Services, or between users and any third party, you agree that Yachting Trader is under no obligation to become involved.
16.2 In the event that you have a dispute with one or more other users, you release Yachting Trader, its parent, affiliates and subsidiaries, and our and their respective officers, directors, employees and agents (collectively the “Releasees”) from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
16.3 The provisions of this Section 16 are subject to Section 22.1.
17. Your Role
17.1 You acknowledge that:
(a) You are solely responsible for any information or content publicly posted or privately transmitted through the Services by you or through a device linked to you, and you access all such information and content at your own risk.
(b) we are not liable for any errors or omissions in the information or content you post or for any damages or loss you might suffer in connection with it.
(c) We cannot control and have no duty to take any action regarding how you may interpret and use any items or information posted, uploaded, shared, stored, or otherwise provided through the Services by other users (“Content”) or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.
(d) We can't guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
(e) You are responsible for all User Submissions that you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
(f) You will keep all your registration information accurate and current.
(g) You are responsible for all your activity in connection with the Services.
(h) we shall have the right to remove any item or content that violates these Terms or is otherwise deemed objectionable by Yachting Trader in its sole discretion.
(i) The Services may contain links or connections to third party websites or services that are not owned or controlled by Yachting Trader.
(k) You must have the legal authority to sell the listings that you are posting for sale through the Services. You must describe your listing and all terms of sale in your listing truthfully, accurately, reasonably, and completely in according with the Listing Guidelines.
(l) An offer to sell may be retracted at any time prior to its acceptance, but not after.
(m) You are prohibited from posting any listing that is illegal to sell under any applicable law, statute, ordinance, or regulation, including without limitation content posted in our Prohibited Items Policy
(n) you being a seller are expressly represent and warrant to us that you are and will at all times be in full compliance all applicable federal, state, provincial and local laws, statutes, ordinances and regulations relating to the licensing, distribution, and sale of any products that you list or sell through the Services.
18. Your content: Licence
18.1 In these terms and conditions, "your content" means all works and materials including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files that you submit to us or our App or Website for storage or publication on, processing by, or transmission via, our App or Website.
18.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
18.3 You grant to us the right to sub-license the rights licensed under Section 18.2.
18.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 18.2.
18.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
18.6 You may edit your content to the extent permitted using the editing functionality made available on our App or Website.
18.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, un-publish or edit any or all of your content.
19. Your content: rules
19.1 You warrant and represent that your content will comply with these terms and conditions.
19.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
19.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
19.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
19.5 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
19.6 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
20. Report abuse
20.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
20.2 You can let us know about any such material or activity by email or using our abuse reporting form on the App or Website.
21. Limited warranties
21.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
21.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
21.3 To the maximum extent permitted by applicable law and subject to Section 23.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
22. Limitations and exclusions of liability
22.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
22.2 The limitations and exclusions of liability set out in this Section 23 and elsewhere in these terms and conditions:
(a) are subject to Section 22.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
22.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
22.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
22.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
22.6 We will not be liable to you in respect of any loss or corruption of any data, database or software[, providing that if you contract with us under these terms and conditions as a consumer, this Section 22.6 shall not apply.
22.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage[, providing that if you contract with us under these terms and conditions as a consumer, this Section 22.7 shall not apply.
22.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
23.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.
24. Breaches of these terms and conditions
24.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
24.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking[ (including without limitation creating and/or using a different account).
25. Third party websites
25.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
25.2 We have no control over third party websites and their contents, and subject to Section 22.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
26. Trade marks
26.1 Yachting Trader, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
26.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
28.1 We may revise these terms and conditions from time to time.
27.2 The revised terms and conditions shall apply to the use of our App and Website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
27.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
28.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions[ - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions].
28.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
29.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
19.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
30. Third party rights
30.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
30.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
31. Entire agreement
31.1 Subject to Section 22.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
32. Law and jurisdiction
32.1 These terms and conditions shall be governed by and construed in accordance with Hong Kong Law.
33.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Hong Kong, China.
32. Statutory and regulatory disclosures
32.1 We will specify on the App and Website or elsewhere in these terms and conditions the different technical steps you must follow to conclude a contract under these terms and conditions, and also the technical means for identifying and correcting input errors prior to the placing of your order.
32.2 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
32.3 These terms and conditions are available in the English language only.
13. Our details
13.1 This website is owned and operated by Better Business Group Limited.
13.2 We are registered in Hong Kong under registration number 2206671, and our registered office is a:N.5 17F Bonham Trade Center, 50 Bonham Strand, Sheung Wan, Hong Kong.
13.3 You can contact us:
(a) using our website contact form:
(b) by email, using firstname.lastname@example.org
Terms and Conditions updated 1 September 2017