If you wish to have your details included on the www.theboatinghub.com website, you must
agree to the terms below as the exclusive basis for such inclusion.
BETWEEN: (1) The Boating Hub and (2) you (hereinafter
referred to as User or you)
IT IS HEREBY AGREED
THAT: The following definitions in this agreement
shall mean:
1.1
User`s Details means information submitted by a
User, which may be held by The Boating Hub either the whole or excerpts of
which may be included on the Website
1.2 Service means the service of advertising training centre courses (and other related matters of interest) online at the Website and providing a mechanism enabling Users to apply direct to the Advertiser. We act as an intermediary in a way similar to a ‘trade directory’ or ‘introduction’ agency.
1.3 Website means www.theboatinghub.com
The Agreement
1.1 In consideration of the User abiding by the terms of
this Agreement and subject to the effects of the failure or interruption of
services provided by any third parties, The Boating Hub agrees to provide the
Services so contracted for and agreed to.
2.2 The Boating Hub may refuse to process or post the whole
or any part of the User`s Details if The Boating Hub deems it to be offensive
or inappropriate or in its absolute discretion it believes to be inaccurate or
untrue.
3. Warranties:
3.1 The Boating Hub warrants that all details which it holds
in relation to the User shall be held and processed in accordance with The
Boating Hub’s Data Protection Policy and its Data Protection registration. The
Boating Hub shall not transfer any personal data without the express written
consent of the User.
3.2 The User shall bear sole responsibility for ensuring the
accuracy of the Users Details supplied to The Boating Hub
4.1 The User recognises and accepts that he/she bears sole
responsibility for the content of the User`s Details and any message or notice
it posts.
4.2 The Boating Hub agrees that upon written notice from the
User of any inaccuracies in the User`s Details it will use reasonable efforts
to rectify such inaccuracies PROVIDED ALWAYS that the correct information is
provided to The Boating Hub by the User.
4.3 The Boating Hub shall retain the right at all times to
refuse to provide the Service or any part thereof, including without
limitation, posting any User`s Details to the Website and to prohibit the User
from using the Website in the future where it reasonably believes that the
User`s Details are incorrect or deliberately misleading and any message or
notice in the opinion of The Boating Hub under the laws of any jurisdiction
from which it is possible to access the Website may
4.4 be illegal, illicit, indecent, obscene, defamatory,
infringing of third party rights (of whatever nature and including, without
limitation, any Intellectual Property Rights
4.5 be in breach of any applicable regulations, standards or
codes of practice (notwithstanding that compliance may not be compulsory
4.6 harm the reputation of The Boating Hub in any way
5. User’s Obligations
and Responsibilities:
5.1 The User undertakes to notify The Boating Hub of any
changes to the User`s Details from time to time as and when required.
5.2 The User undertakes to check that the User`s Details
posted to the Website and promptly notify The Boating Hub in the event of any
inaccuracies therein.
5.3 The User warrants, represents and undertakes that no
data, information or User`s Material provided by the User (including, for the
purposes of this Clause 5.3, any messages or notices posted to the Website)
shall be obscene, indecent, defamatory of any persons or otherwise illegal or
unlawful under the laws of any jurisdiction from which the Website may be
accessed
6. Indemnities
6.1 The User agrees to indemnify The Boating Hub against all
damages, liabilities, costs and expenses which The Boating Hub may incur or
sustain including without limitation the costs of defending any suit arising
from the use of any of the User`s Details or data provided by or on behalf of
the User in relation to the Website or any act or omission by the User
7. Limitation of
Liability
7.1 The Boating Hub is not liable for any indirect loss,
consequential loss, loss of profits, revenue, data or goodwill howsoever
arising suffered by the User and arising in any way in connection with this
Agreement or for any liability of the User to any third party
7.2 The Boating Hub is not liable for any computer viruses,
spyware or malware uploaded to the Website by any third parties or user.
7.3 The Boating Hub is not liable for any errors, omissions
or delays or undertakings of the User.
7.4 The Boating Hub shall not be liable for ensuring that
User`s Material and any message or notice posted to the Website by the User is
legal and lawful and is not obscene, defamatory or otherwise infringing of any
third party rights whatsoever. Should you have any concerns regarding any
comments or statements made, then please email us at ‘info(at)theboatinghub(dot
com)’ and we shall do everything in our power to remove the comments or statements.
7.5 The Boating Hub is not liable for any failure in respect
of its obligations hereunder which result directly or indirectly from failure
or interruption in software or services provided by third parties
8. Duration and
Termination:
8.1 The User`s Details will remain on the Website for such
time as The Boating Hub sees fit and it is the User`s responsibility to ask The
Boating Hub to remove or revise them if they are no longer applicable or
accurate.
8.2 The Boating Hub may terminate this Agreement by giving 7
days written notice of termination to The Boating Hub by the User from time to
time or with immediate effect in the event of any breach of Clauses 4.6 or 5 by
the User.
8.3 The User may terminate this Agreement by sending an
email request to unsubscribe your details from our site to ‘info(at)theboatinghub(dot
com)’
9. General:
9.1 Subject to Clause 9.2, these Terms and any other
expressly incorporated document constitute the entire agreement between the
parties hereto relating to the subject matter hereof and neither party has
relied on any representation made by the other party unless such representation
is expressly included herein. Nothing in this Clause 9.1 shall relieve either
party of liability for fraudulent misrepresentations and neither party shall be
entitled to any remedy for either any negligent or innocent misrepresentation
except to the extent (if any) that a court or arbitrator may allow reliance on
the same as being fair and reasonable.
9.2 No change, alteration or modification to this agreement
shall be valid unless in writing and signed by duly authorised representatives of
both parties.
9.3 Should any clause or provision of this agreement or any part
thereof be struck out for want of illegality
or lack of construction, the remaining clauses shall be deemed to remain and
apply.
9.4 Any notice given pursuant hereto may be served
personally or sent by pre-paid registered letter or recorded delivery to our
registered office address which is: The Boating Hub Ltd, 231 Park Lane,
Macclesfield, Cheshire, SK11 8AA. The Company’s
registration number is 08179594. Such notice shall be deemed to have been duly
served upon and received by the addressee, when served personally, at the time
of such service or, when posted, 48 hours after the same shall have been put
into the post correctly addressed and pre-paid.
9.5 Neither party shall be liable for any loss suffered by
the other party or be deemed to be in default for any delays or failures in
performance hereunder (other than in relation to payment) resulting from acts
or causes beyond its reasonable control or from any force majure, acts of God,
acts or regulations of any governmental or of any supra-national authority.
9.6 Any delay or forbearance by either party in enforcing
any provisions of this Agreement or any of its rights hereunder shall not be
construed as a waiver of such provision or right thereafter to enforce the same.
9.7 This Agreement shall be governed by the laws of England
and the parties submit to the exclusive jurisdiction of the Courts of England
and Wales.
You can access our home page and browse our site without
disclosing your personal data save information collected by cookies that we use
(see below).
10. Disclosure of
Information:
In the unlikely event that a liquidator, administrator or
receiver is appointed over us or all or any part of our assets that insolvency
practitioner may transfer your information to a third party purchaser of the
business provided that purchaser undertakes to use your information for the
same purposes as set out in this policy. We undertake not to provide your personal
information to third parties save in accordance with this policy
11. Disclaimer of Warranty and Liability:
The following provisions may be curtailed or disallowed by
the laws of the country in which the person accessing this website is situated.
In such case, the terms hereof are to be read as excluding or limiting such
term so as to satisfy such jurisdiction. We do not represent or warrant that
the information accessible via this website is accurate, complete or current.
We have no liability whatsoever in respect of any use which you make of such
information. The information provided on this website has not been written to
meet your individual requirements and it is your sole responsibility to satisfy
yourself prior to ordering any products or services from us that they are
suitable for your purposes. Viruses & Malware: Whilst we make all
reasonable attempts to exclude viruses from the website, we cannot ensure such
exclusion and no liability is accepted by us for any viruses or malware you may
encounter during your time of using our site. You are recommended to take all
appropriate safeguards before downloading information or images from this
website, and to have adequate anti-virus protection software in place on your
machine. All warranties, express or implied, statutory or otherwise are hereby
excluded. Neither we nor any of our employees or affiliated entities will be
liable for any kind of damages and howsoever arising including, without
limitation, loss of profits, compensatory, consequential, direct, exemplary,
incidental, indirect, punitive or special, damages or any liability which you
may have to a third party (unless caused by own clear negligence), even if we
have been advised of the possibility of such loss. We are not responsible for
the direct or indirect consequences of you linking to any other website from
this website. This website is intended for use by those over the age of 18
years. No one under that age should carry out any activity whatsoever based on
the information on this website. If you are under the age of 18 years please
leave the site immediately
12. Jurisdiction of these Terms:
These terms and this disclaimer and any claim based on use
of information from this website shall be governed by the laws of England and
Wales and for our benefit you agree to submit any disputes or claims to the jurisdiction of the Courts of England and Wales.