Terms & Conditions
Nationwide Boat Sales Ltd. Web Site user
agreement
Website Terms and Conditions
1.Your use of the nationwideboatsales.com, and
nationwideboatsales.co.uk Websites.
This agreement explains the terms and conditions that apply to your use of
this website, and any other services provided by Nationwide Boat Sales
Limited.
If you do not agree to be bound by this agreement, you are not permitted to
access this website or any of our services. You must agree with all aspects of
the terms and conditions contained in this user agreement. Accessing and using
this website constitutes your acceptance of all of the terms and conditions
contained within this agreement.
We may amend this agreement at any time by posting the amended agreement on
our website. Any amendments will govern your use of this website and services
from the date that it is posted on our website.
2. Definitions.
"Advert" Means any material received by us from you for placement on the
Website.
"Your" means an individual person, Company, or Organisation.
"Website" is defined as "nationwideboatsales.com" or
"nationwideboatsales.co.uk".
"NBS" is defined as Nationwide Boat Sales Limited.
3. Nationwide Boat Sales limited is only an advertising
service.
NBS is not a Boat Broker, Boat Dealer, or any other type of business involved
in direct selling of boats. NBS provides an advertising venue by way of our
Website and help by way of our mediation service. However NBS are not
responsible for ensuring that the buyers and sellers actually complete a
sale.
4. Your Responsibilities.
You agree that you will use this website in a lawful manner that is
consistent with all applicable laws and regulations.
You agree that you are responsible for the security and use of any user names
or passwords needed to access or use the Website services. You must take all
reasonable steps to ensure that these user names and passwords are kept
confidential and secure and you do not allow any unauthorised person to access
the Website or any of the Website services using your user name or password. You
take full responsibility for all information and instructions transmitted
through the Website using your user name and/or password. All such information
will be considered sent and authorised by you.
You agree that you will not use the Website or any of the Website services as
follows:
a) to send, receive, upload, download, store, use, distribute or
publish any material that is offensive, abusive, indecent, defamatory,
obscene, or in breach of any other person's Intellectual Property Rights or
breaches any obligation of confidentiality by which you are bound;
b) to send or distribute unsolicited emails or messages, or to
cause any other person annoyance, inconvenience or worry;
c) for any purpose connecting to any business, including sending
unsolicited advertisements or promotional material;
d) to use or attempt to use any software, engine, or any other
means to navigate or search this Website other than the navigation tools and
search facilities available on this Website and general third party
browsers;
e) to carry out any activity in relation to "screen scraping" or
"database scraping" to obtain lists, users, URLs, Internet Keywords or other
information;
f) to access the Website by any other means other than through the
interface that is provided by NBS for use in the Website;
g) to use or transmit any material that contains software viruses
or any other computer code, file or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications equipment, including but not limited to the Website;
h) to do anything which imposes an unreasonable or
disproportionably large load on the Website's infrastructure;
i) to interfere with or disrupt the Website and/or Website
services or servers or networks connected to the Website or disobey any
requirements, procedures, policies or regulations of networks connected to the
Website;
j) to collect or store personal data about other users of this
Website whether or not for commercial purpose without their
consent.
You agree to indemnify NBS against any claims, costs, expenses or legal
proceedings caused as a result of your use of the Website or Website services in
contravention of Clauses a) to j), further in these circumstances, NBS shall be
entitled to treat the contravention as a material breach of these User Terms and
terminate any access permission granted to you by NBS forthwith, without notice
to you.
5.Indemnity
You agree that you are responsible for all complaints, legal actions or
threatened legal actions related to an Advert and agree to keep us indemnified
from all costs, damages and other losses howsoever arising from the publication
of any Advert on the Website (excluding those losses arising exclusively from
editorial changes made by us on your Advert) including without limitation any
costs incurred by us in enforcing our rights under these conditions.
6. Your Advert.
You confirm that you have the legal right to sell the goods and that they
comply with UK and European Legislation where appropriate and in particular that
they are EC marked where necessary.
All Adverts must be legal, decent, accurate, and truthful, and comply with
the British Code of Advertising Practice, and comply with any other advertising
legislation relevant at the time the advertisement is placed. The goods sold by
a private seller may be sold as seen, but a purchaser has the right to
request there money back if the goods are not as described in your
advertisement.
You confirm that you have all relevant consent and approvals to publish the
Advert and that it shall not breach any third party intellectual property or
other rights.
7. Our Rights.
We reserve the right to temporary or permanently prohibit the use of our
websites, nationwideboatsales.com and nationwideboatsales.co.uk, to any
individual, company, or organisation who have breached the terms and conditions
of this user agreement, or who are otherwise excluded from using the NBS
services.
We have absolute discretion to publish or not to publish the Advert on our
website, to amend or edit the Advert prior to publication, and to remove the
Advert from the website without notice to you.
By submitting an Advert to us, you assign all copyright in the advert to
NBS.
8. Limitation of Liability.
Although every care is taken in the preparation of this website, you
acknowledge that it is not technically possible to run the website free of all
faults, and we give no warranties as to the continuous, uninterrupted or secure
access to our services, and operation of our website may be interfered with by
numerous factors outside of our control.
This website and our services are provided AS IS, and as and when available,
and to the extent permissible by law exclude all implied warranties, conditions
or other terms, whether implied by statute or otherwise, including without
limitation any terms as to skill and care or timeliness of performance.
Without limitation to the foregoing, we accept no liability: for any Adverts
not received by us or received in a corrupt form; for any time the Website is
not operational due to faults or maintenance; for Adverts on the Website
becoming out-of-date, containing typographical errors, or otherwise being
factually inaccurate; or for any matters arising from circumstances beyond our
reasonable control. We shall not be liable in contract, in tort, negligence
(other than fraudulent or negligent misrepresentations) or otherwise for any
loss of profits, any loss of data, business, revenue, goodwill or anticipated
savings nor for any indirect, consequential or economic loss whatsoever arising
in connection with these conditions.
The express terms of this User Agreement are in lieu of all warranties,
conditions, undertakings, terms, and obligations implied by statute, common law,
usage, course of dealing or otherwise, all of which are excluded to the fullest
extent permitted by law.
The Website may contain links to third party websites, which are controlled
and operated by parties other than NBS. The links will let you leave the Website
and NBS is not responsible for any contents of any linked site or any link
contained in a linked site. The inclusion of any link on the Website does not
imply endorsement by NBS of the linked site. If you decide to access linked
third party websites, you do so at your own risk.
9. Third Party Rights.
A party who is not a party to this agreement has no right under the, Contract
(Rights of Third Parties) Act 1999, to enforce any term of this agreement.
10. General.
You may not assign or transfer any of your rights under these terms. If any
provision of these terms is found to be invalid by any court having competent
jurisdiction, the invalidity of that provision will not affect the validity of
the remaining provisions of these terms, which shall remain in full force and
effect.
Failure by either party to exercise any right of remedy under these terms
does not constitute a waiver of that right or remedy.
Headings in these Terms are for convenience only and will have no legal
meaning or effect.
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