TERMS &CONDItions

TERMS & CONDITIONS

THESE TERMS OF USE (TOGETHER WITH THE DOCUMENTS REFERRED TO IN THEM) (TERMS) TELL YOU THE TERMS ON WHICH YOU MAY MAKE USE OF OUR WEBSITE MONACO-BOATS.FR (OUR SITE). USE OF OUR SITE INCLUDES ACCESSING, BROWSING, OR REGISTERING TO USE OUR SITE

 

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE OUR SITE AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING OUR SITE. THEY INCORPORATE OUR PRIVACY POLICY AND COOKIES POLICY.

 

BY USING OUR SITE, YOU CONFIRM THAT YOU ACCEPT THESE TERMS AND THAT YOU AGREE TO COMPLY WITH THEM. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SITE.

 

PLEASE NOTE IN PARTICULAR CLAUSE 11 (WARRANTY) AND CLAUSE 12 (LIABILITY).

  1. WHO WE ARE
    We, The S Collection (“we”, “us” or “our”) operate this Site and are a Company registered in the European Union. 
  2. CHANGES TO THESE TERMS AND OUR SITE
    1. We suggest you print a copy of these Terms. They are a legal agreement between us and can only be modified with our consent.
    2. We may revise these Terms at any time by amending this page. 
    3. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
    4. We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
  3. ACCESSING OUR SITE
    1. Our Site is made available free of charge.
    2. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
    3. You are responsible for making all arrangements necessary for you to have access to our Site including configuring your information technology, computer programmes and platform in order to access our Site.
    4. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
  4. INTELLECTUAL PROPERTY
    1. All logos, trademarks and copyrights contained on this Site are and remain the property of their respective owners.
    2. Use of these materials does not imply endorsement by these companies. No licenses or other rights in or to such logos and/or trademarks are granted.
    3. Subject to clause 5, you may download material from this Site for your sole personal use. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Site without obtaining a licence to do so from the copyright owner. Failure to obtain a licence will terminate your right to use this Site immediately.
    4. As a responsible website publisher, we support the protection of your reputation and the protection of your intellectual property rights. As such we operate a notice and take down procedure regarding such material.
    5. Please refer to our ‘Our Defamation, Copyright and Trademark Infringement Policy’ to report any items that you believe defame you or constitute copyright or trademark infringement.
  5. YOUR CONDUCT
    1. You must not misuse our Site or otherwise disrupt the operation of our system and this Site by knowingly introducing viruses, trojans, worms or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
    2. You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or this Site, or to search, display or obtain links to any part of this Site, other than the home page at www.monaco-boats.fr, unless the automated program identifies itself uniquely in the User Agent field and is fully compliant with the Robots Exclusion Protocol (a “Permitted Program”). Any such use or attempted use of an automated program (other than a Permitted Program) shall be a misuse of our system and this Site. Obtaining access to any part of our system or this Site by means of any such automated programs (other than a Permitted Program) is strictly unauthorised.
    3. 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.
  6. LINKING TO OUR SITE
    1. You must not include in any other website any “deep link” to any page on this Site other than the home page at www.monaco-boats.fr without our prior written consent.
    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 and you must not establish a link to our Site in any website that is not owned by you.
    3. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.
    4. We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
  7. VIRUSES
    1. We do not guarantee that our Site will be secure or free from bugs or viruses. You should use your own virus protection software.
    2. 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, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
  8. REGISTRATION
    1. To receive details of boats on this Site, you must apply to register with us through our Site. At our discretion, we may refuse your application for registration. If we accept your application for registration, we will confirm this by sending you an email containing your account details.
    2. Each registration is for a single user only. You must treat your username and password as confidential and must not disclose it to any third-party.
    3. You undertake that all information provided by you for the purposes of registering with us is accurate and complete.
    4. 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 this Site. You will notify us immediately of any unauthorised use of them or any other breach of security of this Site of which you become aware.
    5. 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.
  9. OTHER INFORMATION CONTENT PROVIDERS:
    1. CONTRIBUTORS
      1. We are distributors of content supplied by other information content providers (Contributors). We are not responsible for the statements and 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 publisher of such information and are therefore not liable for any delays, inaccuracies, errors or omissions in such content. Given the volume of information posted by Contributors, we cannot and do not monitor all of the information posted to the Site and we assume no duty to monitor the Site for inappropriate or inaccurate content. We and our affiliates and employees shall not be liable to any user or anyone else for claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud or misrepresentation arising from such content. Notwithstanding the foregoing, we reserve the right to remove information provided by Contributors at any time in our sole discretion.
    2. USER-GENERATED CONTENT (INC. CONTRIBUTORS)
      1. The Site’s interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. To protect your safety, please use your best judgment when submitting information to the Site. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you in public areas of the Site. We reserve the right to delete, move or edit any submission at any time, for any reason or in our discretion, but have no obligation to review or remove any such content.
      2. Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are deemed to grant us and other users of the Site, 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. This includes making available the information you provide in a searchable format that may be accessed by users of the Site and any other use as we see fit.
      3. By placing material on, or communicating with our Site, including for example by posting a comment, 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 infringe these Terms and that it will not cause injury to any person.
      4. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
      5. 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 our Site.
      6. Please note that we do not accept unsolicited materials or ideas for use or publication. We are not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to us.
    3. CONTRIBUTOR RULES
      1. Interactive areas of the Site are intended to encourage public 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 Site, 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 Site at any time for any reason. Decisions as to whether content violates our posting rules will be made by us at our discretion after we have actual notice of such posting. Without limiting our right to remove content, we have attempted to provide the following guidelines to those posting content on the Site.

        When using the Site, please do not post 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 our rights or those of 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 law, rule or regulation, or attempts to encourage such an evasion or violation.
        • unfairly interferes with any third party’s uninterrupted use and enjoyment of the Site.
        • 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 system 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, national or international law, rule, guideline or regulation, or otherwise creates liability.
        • uploads or transmits viruses or other harmful, disruptive or destructive files.
        • disrupts, interferes with, or otherwise harms or violates the security of the Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked sites.
        • “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.
        • collects or stores other users’ personal data.
        • A violation of certain of posting rules may be referred to law enforcement authorities. We reserve the right to disclose any information as necessary to satisfy any law, regulation or governmental request.
  10. BLOCKING YOUR USE
    1. We reserve the right to block users from this Site and/or restrict or bar 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 this Site under any other name or through any other user.
  11. WARRANTY
    1. The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
    2. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
    3. We are not a Yacht Broker. The details of the yachts available on this Site are for your information only. We cannot verify these details and therefore make no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk.
    4. We do not warrant that your access to, or the running of, this Site will be uninterrupted or error free. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
  12. LIABILITY
    1. 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 that cannot be excluded or limited by European law.
    2. Subject to clause 12.1, we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
    3. Subject to clause 12.1, 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 system.
    4. 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 system and this Site. 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 12.1, 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 system or this Site.
    5. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
    6. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, our Site; or use of or reliance on any content displayed on our Site.
    7. We shall not be liable to you for:
      1. any indirect, consequential, special or punitive loss, damage, costs and expenses;
      2. loss of profit, sales or revenue;
      3. loss of business;
      4. loss of reputation;
      5. depletion of goodwill; or
      6. loss of, damage to or corruption of data.
    8. When you use the “Check Availability” form on this Site to enquire about yachts and services, your details (including your email address) will be stored by us and passed to our partners where by your request will be matched to an appropriate third-party. Your details and request will be sent to this third-party by email to assist you further with your request.
    9. Your dealings or communications through the Site with any party other than the Site are solely between you and that third party. For example, certain areas of the Site may allow you to share material, 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 we be liable for any goods, services, resources, advice 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, goods or services provided by third parties should be forwarded directly to the third party.
    10. If you access the Site from a location outside the United Kingdom, you are responsible for compliance with all local laws.
  13. NOTICES
    1. All notices shall be given to us, by email via our contact page.
    2. If you have registered to use our services then we may serve a notice on you by email at the email address provided to us at the point of registration as may be amended by you on the Personal Details section of this Site from time to time.
    3. 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). All notice sent by post will be deemed to have been received 5 working days after the date of posting.
  14. CUSTOMER FEEDBACK AND QUALITY
    1. 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 service. Please contact us here. We aim to acknowledge all customer feedback.
  15. GENERAL AND JURISDICTION
    1. We may from to time to time change the content of this Site or suspend or discontinue any aspect of this Site, which may include your access to it. Subject to our notifying you to the contrary, any amendments or new content to this Site will be subject to these Terms.
    2. If a court decides that any part of these Terms cannot be enforced, that particular part of these Terms will not apply, but the rest of these Terms will. A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under these Terms shall not prevent the exercise of that or any other right. 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.
    3. If you are a business user, these Terms are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us (unless made fraudulently).
    4. If you are a consumer user, please note that these Terms and their subject matter and formation (including any non-contractual dispute or claim) are governed by European Law. You and we both agree that the courts of England will have non-exclusive jurisdiction.
    5. If you are a business user, these Terms and their subject matter and formation (including any non-contractual disputes or claims) are governed by European law and will be subject to the exclusive jurisdiction of the European courts.

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