PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING CHARTERINDEX.COM, CHARTERINDEXONLINE.COM AND CHARTERBROCHURE.COM (“THE SITES”).
YOUR ATTENTION IS DRAWN IN PARTICULAR TO CLAUSE 8 (WARRANTIES), CLAUSE 9 (OUR LIABILITY), AND CLAUSE 10 (YOUR LIABILITY)
1 (i) The Sites are operated by Charter Index Limited (“Charter Index”, “we”, “us”, “our”). We are a limited company, registered in England and Wales, company number 4370794, and have our registered office at 8 Ravenscourt Place, Hammersmith, London, W6 0UN. You can also contact us here Contact Us. Our VAT number is G791 7538 86.
1 (iii) When you use the Sites or our Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, please do not use the Sites or our Services.
1 (iv) Certain uses of the Sites, and the servers and systems on which our Sites are stored (our “Systems”) are prohibited and amount to a misuse of our Systems and the Sites. Please refer to clause 2.
1 (vi) Access to our Sites is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services we provide on our Sites without notice (see below). We will not be liable if, for any reason, our Sites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Sites, or our entire Sites, to users who have registered with us.
1 (vii) We aim to update our Sites regularly, and may change the content at any time. If the need arises, we may suspend access to our Sites, or close any of them indefinitely. Any of the material on our Sites may be out of date at any given time, and we are under no obligation to update such material.
2. Your Obligations and Conduct.
2 (i) You are responsible for making all arrangements necessary for you to have access to our Sites. You are also responsible for ensuring that all persons who access our Sites through your Internet connection are aware of these Terms, and that they comply with them. You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Sites and that your computer system is compatible with the Sites.
2 (ii) You must not misuse our Systems or the Sites. In particular, you must not:
(a) attempt to gain unauthorised access to, or hack into, circumvent security or otherwise disrupt the operation of our Systems and the Sites, or attempt to carry out any of the foregoing;
(b) attack our site via a denial-of-service attack or a distributed denial-of service attack;
(c) knowingly withhold information which may affect our ability to provide the Sites or the Services to you or others, or the security or integrity of the Services, the Systems or the Sites;
(d) misuse the Sites, Systems or Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide;
(e) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Sites, the System or the Services; or
(f) build any product or service using any part of the Sites or the Services which is similar to, or competes with, the Sites or the Services.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Sites or to your downloading of any material posted on it, or on any website linked to it.
2 (iii) You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our Systems or the Sites, or to search, display or obtain links to any part of the Sites. Any such use or attempted use of an automated program (other than an automated program which is fully compliant with the Robots Exclusion Protocol (a “Permitted Program”)) shall be a misuse of our Systems and the Sites. Obtaining access to any part of our Systems or the Sites by means of any such automated programs (other than a Permitted Program) is strictly unauthorised.
2 (iv) You must not include in any other website any “deep link” to any page on the Sites without our prior written consent. Our Sites must not be framed on any other site, nor may you create a link to any part of our Sites other than the home page without our prior written consent.
2 (v) You must not upload or use inappropriate or offensive language or content or solicit any commercial services in any communication, form or email you send or submit, from or to the Site.
3 (i) Some Services offered on our Sites are provided free of charge, while others require payment. We reserve the right to change the cost of Services, or to charge for other Services, at any time. However, we will always notify you directly before any such change becomes effective. To receive details of yachts on www.charterindexonline.com, you must be a subscriber to that service (“Subscription”). Please Contact Us to request further information about the Subscriptions we offer and the terms and conditions which apply to such Subscriptions. At our discretion, we may refuse your Subscription application. If we accept your Subscription application, we will confirm this by sending you an email containing your account details.
3 (ii) Each Subscription is for a single user only unless otherwise applied for. You may not share your username and password with any other person or with multiple users on a network.
3 (iii) You undertake that all information provided by you for the purposes of subscribing with us is accurate and complete.
3 (iv) You accept sole responsibility for all use of and for keeping secret any account details and password that may have been given to you or chosen by you for use on the Sites. You will notify us immediately of any unauthorised use of them or any other breach of security of the Sites of which you become aware.
3 (v) By registering with us, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any membership rights.
4. Intellectual Property.
4 (i) You acknowledge that the copyright and all other intellectual property rights in the Sites (including, without limitation, all database rights, patent rights, trade marks, service marks, trading names, domain names, text, graphics, code, files and links) belong to us and/or our licensor(s). All such rights are reserved. Subject to clause 2, you may download material from the Sites for the sole purpose of using the Sites. However, you must not copy, transmit, modify, create derivative works from, distribute, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from the Sites in any form or media without our prior written consent. Our status (and that of any identified contributors) as the authors of material on our Sites must always be acknowledged.
4 (ii) These Terms do not grant you any right to use our trade marks or other brand elements, so please do not use them without our express permission.
4 (iii) We respect the intellectual property rights of others. Charter Index operates on a “notice and takedown” basis and we do not monitor all content on our Sites. If you believe that your work has been copied, or dealt with in a way which constitutes infringement of your intellectual property rights, or are aware of any infringing material placed by any third party on the Website, please contact us by email at Contact Us, in the form specified in our Notice and Takedown Policy. Once this procedure has been followed and you have provided all requested information, Charter Index will make reasonable endeavours to remove infringing content within a reasonable time.
4 (iv) We reserve the right, but not the obligation, to terminate your licence to use any, or all, of the Sites or all or part of the Services if we determine in our sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing.
5. Other Information regarding Content Providers/Contributors.
5 (i) We are distributors of content supplied by other information content providers known as ‘Contributors’. We are not responsible for the statements, data, information or opinions expressed by those Contributors. Responsibility for the accuracy and completeness of such content lies solely with those Contributors and is not guaranteed by us. We are not the providers of such information and are therefore not liable for any delays, inaccuracies, errors or omissions in such content.
5 (ii) Given the volume of information posted by such Contributors, we cannot and do not monitor all of the information posted to the Sites. We are under no obligation to oversee, monitor or moderate any content from Contributors, and we expressly exclude our liability for any loss or damage arising from the use of any content by a Contributor in contravention of these Terms, whether the Sites are moderated or not. However, you acknowledge that, in order to ensure compliance with legal obligations, we may be required to review certain content submitted to our Sites to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms, or otherwise remove information provided by Contributors at any time in our sole discretion.
5 (iii) Please use your best judgement when submitting information or content to the Sites. The Website reserves the right to delete, move or edit any submission or content at any time, for any reason or in its discretion, but has no obligation to review or remove any such submission or content.
5 (iv) By placing material on, or communicating with, the Sites, including for example by posting a comment to a post, you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms, and that it will not cause harm to any person or entity.
5 (v) You hereby grant Charter Index, its affiliates and related entities, including the Sites, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you provide to us in any public area of the Site, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorise Charter Index to include the information you provide in a searchable format that may be accessed by users of the Sites and other Charter Index websites. You also grant Charter Index and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant Charter Index the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
5 (vi) Please note that Charter Index does not accept unsolicited materials or ideas for use or publication. Charter Index is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Charter Index.
6. Posting Rules for Contributors.
6 (i) Interactive areas of the Site (“News Feed”) are intended to encourage debate. We expect people to differ – judgment and opinion are subjective things – and we encourage freedom of speech and a marketplace of ideas. But by using these areas of the Sites, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on the Sites at any time for any reason. Without limiting our right to remove content for any reason (at our discretion), please do not post content or material that:
– contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
– is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
– violates any right (including, without limitation, intellectual property rights) of Charter Index or any third party;
– discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
– violates any local, state, federal, national or international law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation;
– unfairly interferes with any third party’s uninterrupted use and enjoyment of the Sites;
– advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;
– uploads copyrighted or other proprietary material of any kind on the Website without the express permission of the owner of that material;
– uses or attempts to use another’s account, password, service or Systems except as expressly permitted by these Terms;
– includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, federal, national or international law, rule, regulation or ordinance, guideline or regulation, or otherwise creates liability;
– uploads or transmits viruses, trojans, worms, logic bombs or other harmful, disruptive or destructive files;
– disrupts, interferes with, or otherwise harms or violates the security of the Website, or any Services, Systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or affiliated or linked site;
– “inflames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects;
– is unrelated to the specific interactive area or the interactive area’s topic;
– disguises the origin of the post; or
– collects or stores other users’ personal data (as defined under the Data Protection Act 1998).
A violation of certain of the foregoing rules in this clause 6 (“Posting Rule(s)”) may be referred to law enforcement authorities. Charter Index reserves the right (without notice) to: (i) disable and/or remove any material which violates the Posting Rules from the Sites without notice to you; and/or (ii) disclose any information as necessary to satisfy any law, regulation or governmental request. Decisions as to whether content violates any Posting Rule will be made by Charter Index in its sole discretion after we have actual notice of such posting.
7. Barring from the Site.
We reserve the right to bar users from the Sites and/or restrict or block their access or use of any and all elements of our Services, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not then attempt to use the Sites under any other name or through any other user.
8 (i) Whilst we endeavour to ensure that any material available for downloading from the Sites is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.
8 (ii) Due to the nature of software and the Internet, we do not warrant that your access to, or the running of, the Sites will be uninterrupted or error free. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
8 (iii) The information provided on the Sites is for general interest only and does not constitute specific advice. Whilst we endeavour to ensure that the information on the Site is accurate, complete and up-to-date we make no warranties or representations that this is the case.
8 (iv) We make no warranty or guarantee that the Site or information available over it complies with laws other than those of England.
8 (v) Whilst we take every reasonable precaution and care in relation to our Sites, the material displayed on our Sites is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. This does not affect your statutory rights if you are dealing with us as a consumer.
8 (vi) The Sites contain links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites, and accept no responsibility for them or for any loss or damage that may arise from your use of them. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from the Sites, you do so at your own risk.
8 (vii) The details of the yachts available on the Sites are for your information only. We cannot verify these details and therefore make no warranties or representations as to their accuracy or completeness, and these details, and any commentary on them, are not intended to amount to advice on which reliance should be placed. If you rely on these details, you do so at your own risk. We therefore disclaim all liability and responsibility arising from any reliance placed on the details of the yachts available on our Sites or by any visitor to our Sites, or by anyone who may be informed of any of its contents.
8 (viii) You warrant that:
(a) you own or have permissions to use all copyright or intellectual property rights in the content of any contributions or materials submitted by you to the News Feed or any other part of our Sites;
(b) the possession and use by Charter Index of such will not infringe the intellectual property rights of any person or contravene applicable law; and
(c) any content that is uploaded to, stored in or transmitted to the Sites by you will not be in contravention of the Posting Rules.
9. Our Liability.
9 (i) Nothing in these Terms will be deemed to exclude our liability to you for death or personal injury arising from our negligence, or for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
9 (ii) Subject to clause 9 (i), we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
9 (iii) Subject to clause 9 (i), we do not accept any liability for loss of your password or account details caused by a breakdown, error, loss of power or otherwise caused by or to your computer Systems.
9 (iv) Our Sites are provided on an “as-is” and “as available” basis and accordingly we make no warranties or representations that our Sites, or the materials hosted on them, are appropriate for whatever use you may wish to make of them.
9 (v) Where you access our Sites from outside of the United Kingdom, Charter Index makes no warranty, express or implied, that the Sites are permitted under any applicable laws or regulations that apply to such jurisdiction. You are therefore advised to satisfy yourself that you are lawfully able to subscribe to and use our Sites in the jurisdiction in which such use is taking place. Charter Index accepts no liability for your failure to do so.
9 (vi) We may put in place such Systems as we, from time to time, see fit to prevent automated programs being used to obtain unauthorised access to our Systems and the Sites. You are not permitted to use automated programs for such purposes and any such use or attempted use by you of such automated programs is at your own risk. Subject to clause 9 (i), we shall not be liable to you for any consequences arising out of, or in connection with, any such use or attempted use of automated programs to obtain unauthorised access to our Systems or the Sites.
9 (vii) Subject to clause 9 (i), we accept no liability for any loss suffered as a result of your use of the Sites or reliance on any information provided on it and exclude such liability to the fullest extent permitted by law.
9 (viii) Subject to clause 9 (i), we shall not be liable to you for:
– any indirect, consequential, special or punitive loss, damage, costs and expenses;
– loss of profit or contracts;
– loss of business;
– loss of reputation;
– depletion of goodwill; or
– loss of, damage to, or corruption of, data, even if such loss was foreseeable.
9 (ix) To the extent permitted by applicable law, and subject to clause 9 (i), our total aggregate liability to you for all and any damages, losses or causes of action arising, by reason of, or in connection with, your use of our Sites, shall be limited to the lower of £500 or any fees paid by you to use our Services within the six months prior to the date of any claim for damages or losses arising.
When you use the “contact” or “enquiry” forms on the Sites to enquire about yachts and Services, your details (including your email address) will be sent by email directly to the yacht broker marketing the yachts or Services that you are enquiring about. We do not accept any liability for any subsequent communications that you receive directly from that yacht broker.
9 (x) Your dealings or communications through the Sites with any party other than Charter Index are solely between you and that third party. For example, certain areas of the Sites may allow you to conduct transactions or purchase goods or Services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will Charter Index be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
10. Your liability
You agree to indemnify and hold us and our associated companies, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or demands made by any third party arising out of your breach of these Terms (including documents incorporated by reference) or out of your violation of any law or the rights of any third party.
11 (i) You acknowledge and agree that it is your responsibility to cancel your Subscription if you no longer wish to subscribe to our Services.
11 (ii) Charter Index may suspend or terminate your access to and use of our Sites, with or without cause, at any time, including if:
(a) Charter Index reasonably believes that there has been illegal or fraudulent use, misuse or abuse of features and functionalities of our Sites and/or the Services (in whole or in part);
(b) There is a technological failure on our Sites;
(c) We suspect that you have (or may have) breached any part of these Terms;
(d) We suspect you are acting in a manner that is detrimental to the conduct of our business or which may result in legal liability for you, us or third parties; or
(e) Charter Index reasonably believes that you have provided any false, inaccurate or misleading information.
11 (iii) On termination of these Terms (for whatever reason) all rights and licences granted to you pursuant to these Terms shall immediately come to an end.
11 (iv) The following clauses will survive termination of these Terms together with any other terms of these Terms that contemplate performance or obligations after termination: clause 8 (Warranties), clause 9 (Our Liability), clause 10 (Your Liability) and clause 12 (Other Important Terms).
12. Other Important Terms
12 (i) These Terms, the subject matter of these Terms and their formation (and any non-contractual disputes or claims) are governed by English law. You irrevocably agree that the courts of England will have exclusive jurisdiction to settle any dispute or claim or their subject matter or formation (including non-contractual disputes or claims) which may arise out of, under, or in connection with, these Terms and for those purposes irrevocably submit all disputes to the exclusive jurisdiction of the English courts.
12 (ii) All notices shall be given:
– to us, by email Here or by post to Charter Index Limited, 8 Ravenscourt Place, Hammersmith, London, W6 0UN;
– to you, by email to the email address that you provide to us at the point of your registration, as may be amended by you from time to time.
12 (iii) All notices sent by email will be deemed to have been received on receipt (or, when received on a UK national holiday or on a Saturday or a Sunday, the next working day following the day of receipt) of a ‘read receipt’. All notice sent by post will be deemed to have been received 3 working days after the date of posting.
12 (iv) We operate a system to ensure that all customer feedback is dealt with fairly and consistently, and is properly recorded. We welcome any suggestions that you make about how we may improve our Services. Please contact us here. We aim to acknowledge all customer feedback.
12 (v) We may from to time to time change the content of the Sites or suspend or discontinue any aspect of the Sites, which may include your access to it. Subject to our notifying you to the contrary, any amendments or new content to the Sites will be subject to these Terms.
12 (vi) These Terms are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance on any statement, promise, warranty or representation made by us or on our behalf which is not set out in these Terms. Nothing in this clause shall limit or exclude any pre-contractual liability for fraud.
12 (vii) If a court or any other competent authority finds that any provision (or part of any provision) of the Agreement is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of these Terms will not be affected.
12 (viii) Sometimes our Sites may be impacted by events beyond our reasonable control, known as “Force Majeure” events. “Force Majeure” means anything outside the reasonable control of a party (other than in respect of payment obligations), including, but not limited to, acts of God, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, war, rebellion, sabotage, epidemic, labour dispute, power shortage, network failure, server crashes, deletion, corruption, loss or removal of data, including, without limitation, where a party ceases to be entitled to access the Internet or ceases to have access to the Internet, for whatever reason, any act or omission (including laws, regulations, disapprovals or failures to approve) of any government or government agency. If Charter Index is wholly or partially precluded from complying with its obligations under these Terms by Force Majeure, then Attest’s obligation to perform in accordance with these Terms will be suspended for the duration of the Force Majeure.
12 (ix) If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12 (x) You may not assign or transfer any benefit, interest or obligation under these Terms. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.
12 (xi) You may not assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms, without our prior written consent.
12 (xii) We may at any time assign, transfer, charge, subcontract, or deal in any other manner with all or any of our rights under these Terms, and we may subcontract or delegate in any manner any or all of its obligations under these Terms to any third party or agent.
12 (xiii) Nothing in these Terms is intended to, or will be deemed to, constitute a partnership or joint venture of any kind between the parties, or constitute any party the agent of the other party for any purpose. No party will have authority to act as agent for, or to bind, the other party in any way.