YACHTINGPAGES TERMS & CONDITIONS

Yachting Pages' Terms and Conditions

Terms and Conditions for Print Advertisers

These terms and conditions describe the basis for the purchase by the Advertiser and sale by us of the Services (as defined herein). By purchasing any of the Services you agree to be bound by these terms and conditions.

1. Definitions

In these terms and conditions, “we” “us” and “our” means Yachting Pages and/or Yachting Pages Refit, which are trading names of Advertising Services Limited, a company registered in England & Wales under company number 04544735, whose registered office is at Rubis House, 15 Friarn Street, Bridgwater, Somerset, TA6 3LH. Our VAT number is GB862958966.

“Advert” means the advert specified in the Order confirmation or proof, which will be placed in the Directory for the period of time specified in the Order.

“Advertiser” means the person or entity identified in the Order who places the Advert and with whom this Agreement is made by us, together with their successors and assignees.

“Advertising Copy” means the detail and layout of the Advert, provided by the Advertiser.

“Agreement” means these terms and conditions, the provisions of the Order and any other documents expressly referenced either in final or fully agreed form.

“Copy Close Date” means the deadline advised by our production department, which is the latest date on which you are entitled to submit an Order or make modifications to copy within your Advert.

“Directory” means the edition(s) of Yachting Pages or Yachting Pages Refit as specified on the Order.

“Order” or “Form” means the order form or email showing the details of the Advert(s) to which these terms and conditions apply or are attached.

“Price” means the sums to be paid for the Advert by the Advertiser as specified in the Order or, in the absence of any such Price being included, at our standard current applicable rates.

Unless otherwise stated the Price is exclusive of VAT and all other applicable taxes and duties which shall be paid in full by the Advertiser as part of the Price at applicable rates.

“Services” shall have the meaning given at clause 2

“Website” means www.yachtingpages.comwww.yachting-pages.comwww.yachtingpagesdelivers.com or www.yachtingpagesrefit.com, or any of them.

“You” and “your” means the Advertiser.

2. Formation of agreement

2.1 Your request to place an Advert constitutes an offer (to place that Advert for the Price subject to the provisions of this Agreement). The terms of your offer will be discussed and agreed with us in correspondence prior to your offer. Our agreement to sell you advertising services by placing the Advert for the Price (the “Services”) is made on the basis of these terms and conditions when we accept your Order for the Services by sending you an Order confirmation. The contract between us will only be formed when we send you the Order confirmation.

2. The description of the Services, Price and the currency in which the Price is to be paid will be stated in the Order confirmation. In the absence of any agreement as to currency the Price shall be paid in Pounds Sterling.

3. Order Forms

3.1 Orders (whether by fax, in writing or by email) shall be accepted at our sole discretion but (without prejudice to the time of acceptance stipulated in clause 2.1 above) are normally accepted once:

(A) Your credit or account card is authorised for the transaction; and

(B) you send us the Advertising Copy by the deadline advised by our production department or in the Order Form, and the Advertising Copy complies with our size and specification rules (which we will apply, acting reasonably, at our discretion); and

(C) we are satisfied that the Advertiser has not sold space to a third party not mentioned at the time of placing the advert; and

(D) we are satisfied that you have not and will not, for money or money’s worth, and whether by way of sub-let or otherwise, allow a third party to determine or influence the content of the Advert, or of any other advertising space in any of our print or online publications in respect of which you may have contracted, or may seek to contract, with us (unless otherwise agreed by us in writing).

3.2 Our prices are subject to variation from time to time. If the Price increases between your submission of an Order and our acceptance of the Order (or if it is not specified in the Order, or if we become aware that the pricing information on the basis of which you placed an Order is out of date), we shall notify you of the correct applicable Price and give you a reasonable opportunity to withdraw your Order before we accept it by sending an Order confirmation.

4. Publication of the Advertising Copy

4.1 We will send you one proof of each Advert for your review. If we do not receive written notification of your intention to amend the Advert within the timescale advised, the Advert will be deemed by us to be approved by you.

4.2 Reasonable changes or alterations to the Advert are free of charge before the Copy Close Date. We reserve the right to charge for multiple modifications which we in our sole discretion consider to be excessive.

4.3 It is your responsibility to seek out and respond to proofs of adverts supplied by us. If you fail to respond to proofs or respond after the notified deadline we accept no liability arising from any errors which may appear in the advert.

4.4 Failure to supply advertising copy and/or finished Adverts by the given deadline may result in the Advert and/or listings not appearing in the Directory or previous adverts being repeated.

Full payment of all invoices in respect of such advertising will nonetheless be due.

4.5 We do not give any warranty or undertaking as to when the next printed edition of the Directory(s) will be published and we reserve the right to publish new editions on the Website at such intervals as we think fit.

5. Payment

Unless different payment terms have been agreed to, in writing, by both parties, payment for the Services and related costs will be due and must be paid by you without deduction or set off and in cleared funds to reach us within thirty (30) days of the date of our invoice. If applicable, we shall charge your account for payment upon fulfilment of the Order. We reserve the right to charge you interest before and after any judgment at maximum rates under applicable law if you fail to make any payment due under this Agreement.

6. Access to the Website and content

6.1 We are continually improving our service to our clients, so specifications, prices or design changes may be made to the Website at any time. We shall use reasonable commercial endeavours to keep the Website up to date but information and specifications given are for your information only and are subject to change without notice.

6.2 We will endeavour to allow uninterrupted access to the Website, but access may be suspended, restricted or terminated at any time. Use of the Website is subject to our Website User Terms and Conditions.

7. Directories

7.1 We may make any changes to the Advert we (at our sole discretion) deem necessary to comply with generally accepted directory policies and printing standards.

7.2 We are likely (but are not obliged) to list adverts in order of size and, within size categories, in order of payment received, in the classified section of the Directory. Nonetheless, we retain absolute discretion as to the positioning of adverts within the Directory, and we reserve the right to amend the positioning of the Advert within the directory. We also reserve the right to amend the layout of the Advert itself to the extent necessary to comply with publication or other requirements.

7.3 We will use reasonable endeavours to meet reasonable Directory placement requests where it is practicable for us to do so. We may not be able to fulfil requests regarding the precise positioning of adverts within a title which have not been specifically paid for at the time of printing and we are not liable for any un-fulfilled requests.

7.4 In the unlikely event that we exercise our discretion not to publish the Directory (whether in print or on our Website), your sole remedy will be a refund of the money you have paid for an Advert which should have appeared in the Directory pro rata to the period which it has not appeared.

7.5 We give no warranty as to the number of Directories that will be printed or distributed nor as to the locations where they will be distributed but details of our distribution plan may be obtained by contacting [email protected].

7.6 The Advert will appear in one edition of the Directory. Only one edition of the Directory will be published in each twelve (12) month period, unless otherwise stated.

8. Warranties and indemnity

8.1 We warrant that the Services shall be supplied using reasonable care and skill.

8.2 You represent, warrant and undertake that:

(A) The Advertising Copy:

(i) Is not defamatory, does not contain any material which is offensive, inflammatory, obscene, blasphemous, threatening or illegal; and

(ii) Does not infringe the copyright, trademark rights or other rights (including without limitation intellectual property rights) which any third party may have in the content of the Advertising Copy; and

(B) You own the copyright in the Advertising Copy or you have the right to give us permission to use it on the Website or in the Directory in all the countries in which the Directory will be distributed; and

(C) You own or otherwise have the authority to use all trade marks, logos, trade names, the names of trade associations or quality assurance marks used in the Advertising Copy in all the countries in which the Directory will be distributed; and

(D) You have provided the correct telephone and email details to be published in the Directory or on the Website and shall notify us promptly of any changes during the currency of the Advert; and

(E) Your material is not in any way liable to mislead others or otherwise be detrimental to or inconsistent with our standing or reputation; and

(F) You have the authority to bind any business on whose behalf you purchase our Services.

8.3 You will fully indemnify us and keep us fully indemnified for any costs, expenses, fines, damages or loss whether directly or indirectly arising (and including without limitation, economic loss) suffered by us arising out of your alleged or proven failure to observe any of the terms of this clause 8.

9. Cancellation

9.1 You may cancel part or all of your Order by notifying us in writing at our registered office before the Copy Close Date in which case the cancellation charges set out in this clause 9 will apply.

9.2 Without prejudice to clause 9.4, cancellation of Order Forms or Directory advertising incurs the following termination fees, which you agree are a genuine pre-estimate of the loss we will incur in relation to the removal of the Advert:

(A) Cancellations received within one (1) calendar month of the Order date will be charged £100 plus VAT (where applicable) or the deposit already paid, which ever is the higher; and

(B) Cancellations received after one (1) calendar month of the Order date will be charged at £250 plus VAT (where applicable) or the deposit already paid, whichever is the higher.

9.3 Any failure by you to make any payment or pay any instalment agreed between the parties to this Agreement or any other contract between us within sixty (60) days of the date of the Order will result in your Advert being cancelled immediately and your position in our Directory being lost.

9.4 Orders cannot be cancelled after the Copy Close Date.

10. Liability

10.1 We shall not be liable to you in connection with this Agreement in contract, tort, breach of statutory duty, or otherwise for any anticipated or actual loss of: revenue, profit, turnover, goodwill, sales, business, business opportunity, savings or data or for any other indirect or consequential loss.

10.2 Our aggregate liability to you in connection with this Agreement shall not exceed the Price of the Order(s) placed by you.

10.3 Notwithstanding anything else in these terms and conditions, we accept unlimited liability in respect of death or personal injury caused by our negligence.

10.4 Except as expressly stated in this Agreement, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into this Agreement by statute, common law or otherwise is excluded to the fullest extent permitted by law.

11. Statutory Rights

These terms and conditions do not affect your statutory rights (if appropriate) as a consumer.

12. Matters outside our control

We shall not be liable to you or in breach of this Agreement for delay or failure to perform if the delay or failure results from a cause beyond our reasonable control.

13. Email, user name and password

13.1 Emails to you shall be sent to the address that you specify to us. It is important that you give us an accurate and valid email address and promptly let us know if there are any changes to it. If we have to contact you or give you notice in writing, we may do so by email or by post to the address(es) (or any of them) you provide to us in your Order.

13.2 If you are issued with a user name and password when you register with us these will be personal to you and are not transferable. Any breach of security of a user name or password should be notified to us immediately. You will be responsible for any payments due for services ordered through the Website by anyone using your user name and password.

14. General

14.1 If we fail to enforce a right under this Agreement, or delay in doing so, that failure or delay will not constitute a waiver of any such rights and will not prevent us from enforcing other rights, or the same type of right on a later occasion.

14.2 If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.

14.3 We may transfer our rights and obligations under this Agreement to another organisation. You may only transfer your rights or your obligations under this Agreement to another person if we agree in writing.

14.4 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

15. Complaints

If you have a complaint, please e-mail us at: [email protected].

16. Privacy

16.1 We comply with all applicable data protection laws. We reserve the right to use details that you have provided to us as set out in our privacy policy, as varied from time to time.

16.2 Unless otherwise indicated, you expressly agree that we may use information about you obtained by us under this Agreement for the purpose of sending you promotions offered by us and/or any third parties whom we deem trustworthy.

17. Intellectual property

17.1 The copyright in the material contained in the Directory, together with the design, text and graphics, and their selection and arrangement, the typographical arrangement of material supplied by third parties belongs to Advertising Services Limited, or the providers of such information. All rights are reserved. None of this material may be copied, reproduced or redistributed without our written permission and it is a breach of these terms and conditions to do so.

17.2 Yachting Pages, Yachting Pages Delivers, and Yachting Pages Refit are trademarks of Advertising Services Limited. Other product and company names mentioned in the Directory may be the trademarks or registered trademarks of their respective owners.

17.3 We retain copyright in all artwork, Advertising Copy and other material supplied for the Directory which we, our agents or employees have created or contributed to. You do not obtain any rights in any artwork created by us and you will not be entitled to use it in any other form or in any other media.

18. Entire Agreement

18.1 This Agreement(together with our Privacy Policy and Website User Terms and Conditions) sets out the entire agreement and understanding between the parties and supersedes all prior agreements, understandings or arrangements (whether oral or written) in respect of the subject matter of this Agreement.

18.2 Each party acknowledges that it has entered into this Agreement in reliance only on the representations, warranties, promises and terms contained or expressly referred to in this Agreement (together with our Privacy Policy and Website User Terms and Conditions) and, save as expressly set out in this Agreement, neither party shall have any liability in respect of any other statement, representation, assurance, warranty, understanding or promise made prior to the date of this Agreement unless it was made fraudulently.

19. Our right to vary these terms

19.1 We may revise these terms and conditions from time to time.

19.2 Every time you place an Order with us, the terms and conditions in force at the date on which we send an Order confirmation will apply to the contract between you and us.

20. Governing law

20.1 These terms and conditions shall be governed by and construed in accordance with English law.

20.2 Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties irrevocably submit.

 

Terms and Conditions for Yachting Pages Delivers Customers

These terms and conditions describe the basis for the purchase by the Client and sale by us of the Services (as defined herein). By purchasing any of the Services you agree to be bound by these terms and conditions.

1. Definitions

In these terms and conditions, “we” “us” and “our” means Yachting Pages Delivers which is a trading name of Advertising Services Limited, a company registered in England & Wales under company number 04544735, whose registered office is at Rubis House, 15 Friarn Street, Bridgwater, Somerset, TA6 3LH. Our VAT number is GB862958966.

“Agreement” means these terms and conditions, the provisions of the Order and any other documents expressly referenced in either final or fully agreed form.

“Client” means the person or entity identified in the Order who places the Insert booking and with whom this Agreement is made by us together with their successors and assignees;

“Delivery Deadline” means the deadline advised by our production department which is the latest date by which we will accept the delivery of your Insert into our warehouse.

“Insert” means the insert specified in the Order confirmation.

“Order” or “Form” means the order form or email showing the details of the Insert delivery to which these terms and conditions apply or are attached.

“Price” means the sums to be paid by the Client as specified in the Order or, in the absence of any such Price being included, at our standard current applicable rates. Unless otherwise stated the Price is exclusive of VAT and all other applicable taxes and duties which shall be paid in full by the Client as part of the Price at applicable rates.

“Services” shall have the meaning given in clause 2.

“Website” means www.yachtingpages.com, www.yachting-pages.com, or any of them.

“You” and “your” means the Client.

2. Formation of agreement

2.1 Your request to book an Insert delivery constitutes an offer (to engage us to deliver an Insert for the Price subject to the provisions of this Agreement). The terms of your offer will be discussed and agreed with us in correspondence prior to your offer. Our provision to you of delivery services, namely, delivering the Insert for the Price (the “Services”), is subject to the provisions of this Agreement. Should we decide (in our absolute discretion) to do so, we shall accept your Order for the Services by sending you an Order confirmation. The description of the Services, Price and the currency in which the Price is to be paid will be stated in the Order confirmation. In the absence of any agreement as to currency the Price shall be paid in Pounds Sterling.

3. Order Forms

3.1 Orders (whether by fax, in writing or by email) shall be accepted at our sole discretion but (without prejudice to the time of acceptance stipulated in clause 2.1 above) are normally accepted once:

(A) Your credit or account card is authorised for the transaction; and

(B) you send us the Insert by the deadline advised by our production department, and the Insert complies with our size and specification rules (which we will apply, acting reasonably, at our discretion); and

(C) we are satisfied that you have not and will not, for money or money’s worth, and whether by way of re-sale, sub-let or otherwise, contract with a third party so as to entitle them to determine or influence the content of the Insert, or otherwise contract with a third party for the re-sale of the Services (unless otherwise agreed by us in writing).

3.2 Our prices are subject to variation from time to time. If the Price increases between your submission of an Order and our acceptance of the Order (or if it is not specified in the Order, or if we become aware that the pricing information on the basis of which you placed an Order is out of date), we shall notify you of the correct applicable Price and give you a reasonable opportunity to withdraw your Order before we accept it by sending an Order confirmation.

3.4 Failure by you to deliver Inserts to us by the date advised by our production team may result in the Insert not being delivered by Yachting Pages Delivers by the agreed time. Full payment of all invoices in respect of such Inserts will nonetheless be due.

4. Payment

Unless different payment terms have been agreed to, in writing, by both parties, payment for the Services and related costs will be due and must be paid by you without set off or deduction and in cleared funds to reach us within thirty (30) days of the date of our invoice. If applicable, we shall charge your account for payment upon fulfilment of the Order. We reserve the right to charge you interest before and after any judgment at maximum rates under applicable law if you fail to make any payment due under this Agreement.

5. Warranties and indemnity

5.1 We warrant that the Services shall be supplied using reasonable care and skill.

5.2 You represent, warrant and undertake that:

(A) The Insert:

(i) Is not defamatory, does not contain any material which is offensive, inflammatory, obscene, blasphemous, threatening or illegal; and

(ii) Does not infringe the copyright, trademark rights or other rights (including without limitation intellectual property rights) which any third party may have in the any of the content of the Insert; and

(B) You own the copyright in the Insert or you have the right to give us permission to use it on the Website or within our own marketing material when advertising our services.

(C) You own or otherwise have the authority to use all trade marks, logos, trade names, the names of trade associations or quality assurance marks used in the Insert in all the countries in which the Insert will be distributed;

(D) Your material is not in any way liable to mislead others or otherwise be detrimental to or inconsistent with our standing or reputation; and

(E) You have the authority to bind any business on whose behalf you purchase our Services.

5.3 You will fully indemnify us and keep us fully indemnified for any costs, expenses, fines, damages or loss whether directly or indirectly arising (and including without limitation, economic loss) suffered by us arising out of your alleged or proven failure to observe any of the terms of this clause 5.

6. Cancellation

6.1 You may cancel part or all of your Order by notifying us in writing at our registered office before the Delivery Deadline in which case the cancellation charges set out below will apply.

6.2 Cancellation of an Order incurs the following termination fees, which you agree are a genuine pre-estimate of the loss we will incur in relation to the cancellation:

(A) Cancellations (not falling within clause 6.2(b)) received within 14 days of the Delivery Deadline will be charged £250 plus VAT (where applicable) or the deposit already paid, whichever is the higher; and

(B) Cancellations received within 7 days of the Delivery Deadline will be charged at £500 plus VAT (where applicable) or the deposit already paid, whichever is the higher.

6.3 Orders cannot be cancelled after the Delivery Deadline.

7. Liability

7.1 We shall not be liable to you in connection with this Agreement in contract, tort, breach of statutory duty, or otherwise for any anticipated or actual loss of: revenue, profit, turnover, goodwill, sales, business, business opportunity, savings or data or for any other indirect or consequential loss.

7.2 Our aggregate liability to you in connection with this Agreement shall not exceed the Price of the Order(s) placed by you.

7.3 Notwithstanding anything else in these terms and conditions, we accept unlimited liability in respect of death or personal injury caused by our negligence.

7.4 Except as expressly stated in this Agreement, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into this Agreement by statute, common law or otherwise is excluded to the fullest extent permitted by law.

8. Statutory Rights

These terms and conditions do not affect your statutory rights (if appropriate) as a consumer.

9. Matters outside our control

We shall not be liable to you or in breach of this Agreement for delay or failure to perform if the delay or failure results from a cause beyond our reasonable control.

10. Email, user name and password

10.1 Emails to you shall be sent to the address that you specify to us. It is important that you give us an accurate and valid email address and promptly let us know if there are any changes to it. If we have to contact you or give you notice in writing, we may do so by email or by post to the address(es) (or any of them) you provide to us in your Order.

10.2 If you are issued with a user name and password when you register with us these will be personal to you and are not transferable. Any breach of security of a user name or password should be notified to us immediately. You will be responsible for any payments due for services ordered through the Website by anyone using your user name and password.

11. General

11.1 If we fail to enforce a right under this Agreement, or we delay in doing so, that failure or delay will not constitute a waiver of any such rights and will not prevent us from enforcing other rights, or the same type of right on a later occasion.

11.2 If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.

11.3 We may transfer our rights and obligations under this Agreement to another organisation. You may only transfer your rights or your obligations under this Agreement to another person if we agree in writing.

11.4 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

12. Complaints

If you have a complaint, please e-mail us at: [email protected].

13. Privacy

13.1 We comply with all applicable data protection laws. We reserve the right to use details that you have provided to us as set out in our privacy policy, as varied from time to time.

13.2 Unless otherwise indicated, you expressly agree that we may use information about you obtained by us under this Agreement for the purpose of sending you promotions offered by us and/or any third parties whom we deem trustworthy.

14. Entire Agreement

14.1 This Agreement (together with our Privacy Policy and Website User Terms and Conditions) sets out the entire agreement and understanding between the parties and supersedes all prior agreements, understandings or arrangements (whether oral or written) in respect of the subject matter of this Agreement.

14.2 Each party acknowledges that it has entered into this Agreement in reliance only on the representations, warranties, promises and terms contained or expressly referred to in this Agreement (together with our Privacy Policy and Website User Terms and Conditions) and, save as expressly set out in this Agreement, neither party shall have any liability in respect of any other statement, representation, assurance, warranty, understanding or promise made prior to the date of this Agreement unless it was made fraudulently.

15. Governing law

15.1 These terms and conditions shall be governed by and construed in accordance with English law.

15.2 Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties irrevocably submit.

 

Terms and Conditions for Website and App Advertisers 

These terms and conditions describe the basis for the purchase by the Advertiser and sale by us of the Services (as defined herein) described on this Website and/or App. By purchasing any of the Services you agree to be bound by these terms and conditions.

1. Definitions

In these terms and conditions, “we”, “our” and “us” means Yachting Pages which is a trading name of Advertising Services Limited, a company registered in England & Wales under company number 04544735, whose registered office is at Rubis House, 15 Friarn Street, Bridgwater, Somerset, TA6 3LH. Our VAT number is GB862958966.

“Advert” means the advert posted on our Website/App to be validated by our Website team.

“Advertiser” means the person or entity identified in the chosen advertising package who places the Advert and with whom this Agreement is made with us together with their successors and assignees.

“Advertising Copy” means the detail and layout of the Advert, provided by the Advertiser, or created by us on your behalf.

“Agreement” means these terms and conditions, the provisions of the chosen advertising package and any other documents expressly referenced in either final or fully agreed form.

“Option” means the advertising package chosen from our online selection. There are a number of Options to pick from, E.G. Showcase, Mini Showcase, Featured Listing or Banner

“Price” means the sums to be paid for the Advert by the Advertiser as specified in the chosen advertising package. Unless otherwise stated the Price is exclusive of VAT and all other applicable taxes and duties which shall be paid in full by the Advertiser as part of the Price at applicable rates.

“Services” means the services we agree to provide to you under these Conditions, as defined in clause 2 below.

“Website” means www.yachtingpages.com or www.yachting-pages.com, or any of them.

“You” and “your” means the Advertiser.

2. Services, Price and currency

Our provision to you of advertising services, namely our placing the Advert for the Price (the “Services”) is subject to this Agreement. The description of the Services, Price and the currency in which Price is to be paid will be set out in the proposal/invoice. In the absence of any agreement as to currency the Price shall be paid in Pounds Sterling.

3. Orders

3.1. Your order to place an Advert constitutes an offer to place that Advert for the Price subject to the provisions of this Agreement. Orders shall not be accepted by us until after your credit or account card has been authorised for the transaction, but the authorisation of such payment shall not oblige us to accept your offer.

3.2 Our acceptance of your order will be at our sole discretion and will be effected by way of an email confirmation to the email address you supply to us. The contract between us will only be formed when we send you such confirmation, or other written confirmation of acceptance of your offer.

3.3 We reserve the right to terminate this Agreement immediately if (acting reasonably) we believe that the Advertiser has sold space to a third party not mentioned at the time of placing the advert without our permission.

4. Publication of the Advertising Copy

We will send you a link to your live advert and/or listing details on our Website and/or App with information about the elements you could have but are missing, E.G. images. If we do not receive written notification of your intention to amend the Advert within one week the Advert will be deemed by us to be approved by you.

You can email us throughout the period in which the Advert is displayed on the Website and/or App with additions/amendments. We shall use reasonable endeavours to make such additions or amendments within a timely manner but shall not be obliged to do so within any specific timescale. We reserve the right to refuse to make any such amendment of addition where we in our absolute discretion deem it to go beyond the Option which you purchased or where we in our absolute discretion consider the number or extent of additions or amendments which you have asked for to be excessive.

5. Payment

5.1 Payment for the services and related costs may be paid in the following ways:

(A) The full price of the Advert and Services is paid upfront by credit, debit card or cheque.

(B) A £250 deposit is paid up front before work begins on the Advert; the remaining funds will be due within 30 days of the date of the invoice and must be paid without deduction or set-off.

(C) Payment of two or three equal instalments can be agreed (but at our sole discretion), with the first instalment due upfront and the remaining instalments will be taken off the credit or debit card (details of which have been previously supplied to us) in the following consecutive months.

5.2 Our prices are subject to variation from time to time. If the Price increases between your order to place an Advert and our acceptance of the order (or if it is not specified in the order, or if we become aware that the pricing information on the basis of which you placed an order is out of date), we shall notify you of the correct applicable Price and give you a reasonable opportunity to withdraw your order before we accept it by sending confirmation in accordance with clause 3.2 above.

5.3 Unless agreed otherwise with us when you place the Advert, your 12-month contract will start from the date your Advert first appears on the Website, or one-month after initial payment, whichever comes first.  We will contact you before the date that the Advert expires with your renewal details.

5.4 We reserve the right to charge you interest before and after any judgment at the maximum rates under applicable law if you fail to make any payment due under this Agreement.

6. Access to the Website and content

6.1 We are continually improving our service to our clients, so specifications, prices or design changes may be made to the Website and/or App at any time. We shall use reasonable commercial endeavours to keep the Website and App up to date, but information and specifications given are for your information only and are subject to change without notice.

6.2 We will endeavour to allow uninterrupted access to the Website and App, but access may be suspended, restricted or terminated at any time. Use of the Website and App is subject to these terms and conditions and the Website and App User Terms.

7. Warranties and indemnity

7.1 We warrant that the Services shall be supplied using reasonable care and skill.

7.2 You represent, warrant and undertake that:

(A) The Advertising Copy:

(i) Is not defamatory, does not contain any material which is offensive, inflammatory, obscene, blasphemous, threatening or illegal; and

(ii) Does not infringe the copyright, trademark rights or other rights (including without limitation intellectual property rights) which any third party may have in the content of the Advertising Copy;

(B) You own the copyright in the Advertising Copy or you have the right to give us permission to use it on the Website, App or in the Directory in all the countries in which the Directory will be distributed; and

(C) You own or otherwise have the authority to use all trademarks, logos, trade names, the names of trade associations or quality assurance marks used in the Advertising Copy in all the countries in which the Directory will be distributed; and

(D) You have provided the correct telephone and email details to be published on the Website and App and shall notify us promptly of any changes during the currency of the Advert; and

(E) Your material is not in any way liable to mislead others or otherwise be detrimental to or inconsistent with our standing or reputation; and

(F) You have the authority to bind any business on whose behalf you purchase our Services.

7.3 You will fully indemnify us and keep us fully indemnified for any costs, expenses, fines, damages or loss whether directly or indirectly arising (and including without limitation, economic loss) suffered by us arising out of your alleged or proven failure to observe any of the terms of this clause 7.

8. Cancellation

8.1 During the currency of the Advert, you may cancel part or all of your Order by notifying us in writing at our registered office, in which case the cancellation charges set out in this clause will apply.

8.2 Where you have given us notice requiring the removal of the Advert, we shall remove the Advert from the Website and/or App within one (1) month of receipt of your notice. No refund of any monies paid will be due to you, and we will nonetheless be entitled to charge and invoice you in respect of services supplied in respect of the Advert up to the date which is one (1) month after the date on which we receive your notice.

8.3 Any failure by you to make any payment or pay any instalment agreed between the parties to this Agreement or any other contract between us within thirty (30) days of the date of the invoice will result in your Advert being cancelled immediately and your position on our Website and/or App being lost unless other arrangements have been made in agreement with us.

9. Liability

9.1 We shall not be liable to you in connection with this Agreement in contract, tort, breach of statutory duty or otherwise for any anticipated or actual loss of: revenue, profit, turnover, goodwill, sales, business, business opportunity, savings or data or for any other indirect or consequential loss.

9.2 Our aggregate liability to you in connection with this Agreement shall not exceed the Price of the Order(s) placed by you.

9.3 Notwithstanding anything else in these terms and conditions, we accept unlimited liability in respect of death or personal injury caused by our negligence.

9.4 Except as expressly stated in this Agreement, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into this Agreement by statute, common law or otherwise is excluded to the fullest extent permitted by law.

10. Statutory Rights 

These terms and conditions do not affect your statutory rights (if appropriate) as a consumer.

11. Matters outside our control 

We shall not be liable to you or in breach of this Agreement for delay or failure to perform if the delay or failure results from a cause beyond our reasonable control. If we have to contact you or give you notice in writing, we may do so by email or by post to the address(es) (or any of them) you provide to us in your Order.

12. Email, user name and password

12.1 Emails to you shall be sent to the address that you specify to us. It is important that you give us an accurate and valid email address and promptly let us know if there are any changes to it.

13. Showcase and mini showcase advertising

Where the Option you have selected is the Showcase, Mini Showcase or Featured Listing, your Advert will be live on the Website and/or App within two weeks of your booking being accepted by us using content from your website, or alternative text that you have provided.  Where there is no website, or insufficient content, we will be unable to create a Showcase, Mini Showcase or Featured Listing for you unless you provide information, however your 12-month contract will start four weeks from your payment date, so it is in your best interest to get us content before this time. 

14. Banner advertising

Where the Option you have selected is the banner advertisement, you shall supply the artwork for the Advert to us within one month of making the booking. The year-long display period starts from the date the Advert goes live on the Website and/or App or at the end of your one (1) month supply deadline; whichever is the earlier.

15. General

15.1 If we fail to enforce a right under this Agreement, or we delay in doing so, that failure or delay will not constitute a waiver of any such rights and will not prevent us from enforcing other rights, or the same type of right on a later occasion.

15.2 If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.

15.3 We may transfer our rights and obligations under this Agreement to another organisation. You may only transfer your rights or your obligations under this Agreement to another person if we agree in writing.

15.4 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

16. Complaints

If you have a complaint, please e-mail us at: [email protected].

17. Privacy

17.1 We comply with all applicable data protection laws. We reserve the right to use details that you have provided to us as set out in our privacy policy, as varied from time to time.

17.2 Unless otherwise indicated when providing your contact details, you expressly agree that we may use information about you obtained by us under this Agreement for the purpose of sending you promotions offered by us and/or any third parties whom we deem trustworthy; there will be an option to unsubscribe from such marketing communications at any time.

18. Intellectual property

18.1 The copyright in the material contained in the Website and App, together with the design, text and graphics, and their selection and arrangement, the typographical arrangement of material supplied by third parties and all software compilations, underlying source code and software (including applets) belongs to Advertising Services Limited, or the providers of such information. All rights are reserved. None of this material may be copied, scraped, reproduced or redistributed without our written permission and it is a breach of these terms and conditions to do so.

18.2 Yachting Pages is a registered trademark of Advertising Services Limited. Other product and company names mentioned on the Website and App may be the trademarks or registered trademarks of their respective owners.

18.3 You shall retain ownership of all copyright in data you submit to the Website and/or App. You grant us a worldwide exclusive, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such data in any manner.

19. Entire Agreement

19.1 This Agreement (together with our Privacy Policy and Website and App User Terms and Conditions) sets out the entire agreement and understanding between the parties and supersedes all prior agreements, understandings or arrangements (whether oral or written) in respect of the subject matter of this Agreement.

19.2 Each party acknowledges that it has entered into this Agreement in reliance only on the representations, warranties, promises and terms contained or expressly referred to in this Agreement (together with our Privacy Policy and Website and App User Terms and Conditions) and, save as expressly set out in this Agreement, neither party shall have any liability in respect of any other statement, representation, assurance, warranty, understanding or promise made prior to the date of this Agreement unless it was made fraudulently.

20. Our right to vary these terms

20.1 We may revise these terms and conditions from time to time.

20.2 Every time you place an order with us, the terms and conditions in force at the date on which we accept your order by sending you written confirmation will apply to the contract between you and us.

21. Governing law

21.1 These terms and conditions shall be governed by and construed in accordance with English law.

21.2 Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties irrevocably submit.

 

Terms and Conditions for Website Users

If you use the Yachting Pages Website hosted at www.yachtingpages.com or www.yachting-pages.com or our sister sites hosted at www.yachtingpagesdelivers.com and www.yachtingpagesrefit.com (all of which are referred to herein as the "Website"), you agree to be bound by and to comply with these terms and conditions. The same applies to the Yachting Pages App.

If you do not agree to these terms of use, you must not use the Website or App.

1. Definitions

In these terms and conditions, "we", “our” and "us" means Yachting Pages which is a trading name of Advertising Services Limited, a company registered in England & Wales under company number 04544735, whose registered office is at Rubis House, 15 Friarn Street, Bridgwater, Somerset, TA6 3LH. Our VAT number is GB862958966.

2. Access to the Website, App and content

2.1 We operate the Website and App.

2.2 The information provided by us on the Website and App is not in any way a recommendation to buy any products or services featured and you should seek appropriate independent advice before taking, or refraining from, any action on the basis of the content on the Website and/or App.

2.3 We will endeavour to allow uninterrupted access to the Website and App, but access to the Website and App may be suspended, restricted or terminated at any time. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

2.4 We reserve the right to change, modify, substitute or remove without notice all or any part of the Website or App, or any information on the Website and App, from time to time at our discretion.

2.5 We assume no responsibility for the contents of any other websites to which the Website has links or which make reference to the Website or App. Such links should not be interpreted as endorsement by us of those linked websites. We shall not be liable for any loss or damage that may arise from your use of them.

3. Intellectual Property

3.1 The copyright and all other worldwide intellectual property rights in the material contained in the Website and App, together with the Website and App design, text and graphics, and their selection and arrangement, the typographical arrangement of material supplied by third parties and all software compilations, underlying source code and software (including applets) belongs to Advertising Services Limited, or those who provide such information or content to us.  All rights are reserved. None of this material may be copied, scraped, reproduced or redistributed without our express prior written permission and it is a breach of these terms and conditions to do any of these things.

3.2 Yachting Pages is a trademark of Advertising Services Limited. Other product and company names mentioned on this Website or App may be the trademarks or registered trademarks of their respective owners.

3.3 You shall retain ownership of all copyright and other worldwide intellectual property rights in data that you may submit to the Website and/or App. You grant us a worldwide exclusive, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such data in any manner.

3.4 If you print off, copy or download any part of our Website or App in breach of these terms of use, your right to use the Website and App will cease immediately and you shall, at our option, return or destroy any copies of the materials you have made.

4. Exclusions of liability

4.1 We use reasonable endeavours to ensure that the data on the Website and App is reasonably accurate and to correct errors or omissions as soon as practicable after being notified of them and being able to verify the same (where necessary).

We do not monitor, verify or endorse the accuracy of the Port Maps (which should not be used for navigational purposes) or any of the other information hosted on the Website or App, or the information submitted by third parties for posting on the Website and App, and you should be aware that such information may be inaccurate, incomplete or out of date. It is provided by us for broad information purposes only. You accept that it is your responsibility to verify the accuracy of such information before using it.

The views expressed by other users on our Website do not necessarily represent our views or values. To the extent permitted by applicable law, we disclaim all warranties, representations and guarantees (whether express or implied) as to the accuracy of any information contained on or linked to the Website and App. We do not guarantee that the Website or App will be fault free and do not accept liability for any errors or omissions. This may include (but without limitation) business, event, port/marina and promotion details.

4.2 To the maximum extent permissible by applicable law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or App or any content on them, whether express or implied.

4.3 To the maximum extent permissible by applicable law, our and our staff and directors’ maximum liability for direct losses arising under or in connection with this Website/App or the information included on it is limited to each user to £1,000 in aggregate. In no event shall we or our staff or directors be liable for any indirect loss or consequential loss, including but without limitation for loss or anticipated loss of: profit, data, revenue, business opportunity, savings, goodwill or reputation.

4.4 We do not give any warranty that the Website or App are free from viruses or anything else which may have a harmful effect on any technology. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, device, data or other proprietary material owing to your use of the Website and/or App, or to your downloading of any content on it, or on any website linked to it.

5. Liability for third parties’ goods and services

We promote a number of suppliers on the Website and App and may advertise and/or offer you the opportunity to buy goods and services from those suppliers through the Website. We accept no liability for any goods or services provided by third-party suppliers. Any goods or services which are not stated to be provided by us are provided by third parties over whom we do not have control and you should satisfy yourself that you wish to purchase those goods or services before contracting with the supplier. The suppliers will be supplying on their own standard terms and conditions and you should check that you agree to those terms and conditions before placing an order.

6. User name and password

6.1 On registering with us, if you are issued with a user name and password this must always be used in order to access certain restricted parts of the Website and App. The user name and password are personal to each registered user and are not transferable to third parties.

6.2 Your user name and password are the methods used by us to identify you and so are very important. You are responsible for all information posted on the Website and App by anyone who uses them using your user name and password and for any payments due for services accessed through the Website and App by anyone using your user name and password. You should therefore take care of your password and change it regularly, including when you suspect that others may have seen it. Any breach of security of a user name and password should be notified to us immediately. 

6.3 You may not adapt or circumvent the systems in place in connection with the Website or App, nor access the Website or App other than through normal operations.

6.4 We have the right to disable any user name or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

7. Data submitted by users

7.1 If you submit data for display on the Website and/or App, including business or marina reviews, you are responsible for ensuring that the data is accurate, complete and up to date and for updating that data where necessary.

7.2 If you submit data for display on the Website and/or App, including business or marina reviews, you are responsible for ensuring that no data is uploaded or submitted which is illegal, unlawful, untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties.

7.3 You warrant that you have taken all reasonable precautions to ensure that any data you upload or otherwise submit to the Website and App is free from viruses and anything else which may have a contaminating or destructive effect on any part of the Website or App or any other technology.

7.4 We reserve the right (without limiting our rights to seek other remedies) to remove offending material placed on the Website and/or App that we consider to constitute a misuse of the Website/App, or which is otherwise harmful to other users of the Website/App. Without prejudice to clause 6.4, we may also suspend or permanently refuse access to the Website and/or App to anyone who we (acting reasonably) suspect to have breached or be likely to breach these terms and conditions.

7.5 You shall indemnify us for any claim or loss (including without limitation, economic loss) suffered by us arising out of your failure to observe any of the terms of this condition 7.

7.6 Subject to the Contracts (Rights of Third Parties) Act 1999 condition 7.5 may be enforced by the following people in their own right:

(A) Any third party with whom we contract for content or advertising; and

(B) Our employees or agents at the time of any failure to observe.

7.7 We may disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website and/or App constitutes a violation of their intellectual property rights, or of their right to privacy. We may also disclose such information to law enforcement authorities where we reasonably consider it necessary to do so.

7.8 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Website and/or App.

8. Data protection

Our Privacy Policy (available on this webpage) also applies to your use of the Website and App. Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Website and/or App, you consent to such processing and you warrant that all data provided by you is accurate.

9. Cookies, visitor tracking and identifiers for mobile devices

9.1 The Website uses cookies to collect information about you. Cookies are small data files which are placed on your computer by the Website and which collect certain personal information about you. This enables us to tailor our service offering (including the Website) to provide you with products and services which are more relevant to your individual tastes. By continuing to use the site, you are agreeing to our use of cookies. You may change your website browser settings to reject cookies, although please note that if you do this it may impair the functionality of the Website. For further information about cookies, including how to refuse cookies, please visit www.allaboutcookies.org.

9.2 The Website uses both CANDDi and Lead Forensics, two pieces of sales and marketing automation software, to track visitor behaviour. CANDDi and Lead Forensics are GDPR compliant and legal. The software collects information on:

How often you access our website;

The way in which you navigate around it;

How long you spend on particular pages;

The operating system, hardware, software versions, browser configuration of the devices you use;

Location information;

Any web chat messages and form submissions with us; and

Connection information such as IP addresses.

By continuing to use the site, you are agreeing to our use of CANDDi and Lead Forensics.

9.3 The Website uses Hotjar, a tool that gathers qualitative data on user experience and behaviour. It is fully GDPR compliant.

By continuing to use the site, you are agreeing to our use of Hotjar.

9.4 The Yachting Pages App uses Google Analytics for Firebase, which enables the collection of data about App Users, including via identifiers for mobile devices (including Android Advertising ID and Advertising Identifier for iOS). By continuing to use the App, you are agreeing to our use of identifiers for mobile devices.

10. Linking to the Website

10.1 You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

10.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

10.3 You must not establish a link to our site in any website that is not owned by you.

10.4 We reserve the right to withdraw linking permission without notice.

10.5 The website in which you are linking must comply in all respects with the content standards set out in relation to uploaded data in condition 7.2.

11. General

11.1 If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.

11.2 We may modify these terms and conditions at any time by publishing the modified terms and conditions on the Website. The terms and conditions as modified will be binding on all users of the Website from the time of publication on the Website.

12. Governing law

12.1 These terms and conditions shall be governed by and construed in accordance with English law.

12.2 Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.