BOAT CORPORATION LIMITED ADVERTISING TERMS & CONDITIONS
PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE SITE
Your attention is particularly drawn to the provisions of clause 13 (Limitation of liability).
1. About us
1.1 Company details. Boat Corporation Limited, company number 06244296, (we and us) is a company registered in England and Wales and our registered office is at 11 Springfield Court, Higher Kinnerton, Chester, England, CH4 9BY. We operate the website www.boatcorporation.com
1.2 Contacting us. To contact us please e-mail Contact@boatcorporation.com. How to give us formal notice of any matter under the Contract is set out in clause 16.2.
2. Our contract with you
2.1 Our contract. These terms and conditions (Terms) apply to the Advertisement request by you and supply of Services by us to you. They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. Our acceptance of your request to place an advert will take place when we send the Advertisement Confirmation to you, at which point the contract will come into existence (Contract).
2.2 Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract save as referred to herein.
2.3 Language. These Terms and the Contract are made only in the English language.
2.4 Your copy. You should print a copy of these Terms or save them to your computer for future reference.
2.5 These Terms. We are able to change these Terms at any time changes in these Terms will be effective from the date they are published on our website.
3. Placing an advertisement and its acceptance
3.1 Becoming a Member. To place an advertisement you must register as a Member of Boat Corporation Ltd. Once registered you will be entitled to place advertisements and should follow section 3.2 below.
3.2 Placing your advertisement. Please follow the onscreen prompts to place your advertisement. You may only submit an advert using the method set out on the site. We will issue you with a Username and Password. Once issued you can then access the section on the website where boats are advertised. Each request to advertise is an offer by you to buy the services specified (Services) subject to these Terms.
3.3 Correcting input errors. Our advertisement request process allows you to check and amend any errors before submitting your request to us. Please check the request carefully before confirming it. You are responsible for ensuring that your request and any specification submitted by you is complete and accurate.
3.4 Acknowledging receipt of your advertisement request. After you place your request, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your request has been accepted. Once accepted the contract between you and us will come into existence.
3.5 If we cannot accept your advertisement request. If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your request. If you have already paid for the Services, we will refund you the full amount.
4. Cancelling your advertisement
4.1 You may cancel the Contract, if you notify us as set out in clause 4.2. We require 7 days’ notice for the cancellation of a monthly retainer.
4.2 To cancel the Contract, you must put your request to us in writing by email. We will email you to confirm we have received your cancellation request.
5. Our services
5.1 Descriptions and illustrations. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.
5.2 Compliance with specification. Subject to our right to amend the specification (see clause 5.3) we will supply the Services to you in accordance with the specification for the Services appearing on our website at the date of your advertisement request in all material respects.
5.3 Changes to specification. We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services, and we will notify you in advance of any such event.
5.4 Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.
5.5 Time for performance. We will use all reasonable endeavours to meet any performance dates specified in the Advertisement Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.
6. Your obligations
6.1 It is your responsibility to ensure that:
(a) the terms of your advertisement request are complete and accurate;
(b) you co-operate with us in all matters relating to the Services;
(c) you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
(d) you obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
(e) you comply with all applicable laws, including health and safety laws;
6.2 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 6.1 (Your Default):
(a) We will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the contract under clause 14 (Termination);
(b) We will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
(c) It will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
7.1 In consideration of us providing the Services you must pay our charges (Charges) in accordance with this clause 7.
7.2 The Charges are calculated on a time and length of content basis in accordance with our fee rates, as displayed on our site at the time you submit your advertisement request.
7.3 If you wish to change the scope of the Services after we accept your request, and we agree to such change, we will modify the Charges accordingly.
7.4 We use our best efforts to ensure that the prices stated for the Services are correct at the time when the relevant information was entered into the system. However, please see clause 7.7 for what happens if we discover an error in the price of the Services you ordered.
7.5 Our Charges may change from time to time, but changes will not affect any advertisement request you have already placed.
7.6 Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.
7.7 It is always possible that, despite our best efforts, some of the Services on our site may be incorrectly priced. Where the correct price for the Services is less than the price stated on our site, we will charge the lower amount and If the correct price for the Services is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your advertisement request. We will not process your request until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the request as cancelled and notify you in writing. However, if we mistakenly accept and process your request where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Services and refund you any sums you have paid.
8. How to pay
8.1 Payment for the Services is in advance and taken at the time of the request. Where we are unable to accept your advertisement request you will be reimbursed your payment in full.
8.2 You can pay for the Services using a debit card or credit card.
8.3 We will send you an electronic invoice within seven days of the beginning of the month following payment. For any failed or cancelled payments, a ?20 administration fee will be levied.
8.4 If you fail to make a payment under the Contract by the due date, then, without limiting our remedies under clause 14 (Termination), you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 8.4 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
8.5 You must pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
If a problem arises or you are dissatisfied with the Services, please put your complaint in writing to Boat Corporation Limited at 11 Springfield Court, Higher Kinnerton, Chester, England, CH4 9BY.
10. Intellectual property rights
10.1 All intellectual property rights in or arising out of or in connection with the Services will be owned by us.
10.2 We agree to grant you a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the Contract to copy the deliverables specified in your advertisement request (excluding materials provided you) for the purpose of receiving and using the Services and such deliverables in your business. You may not sub-license, assign or otherwise transfer the rights granted in this clause 10.2.
10.3 You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract for the purpose of providing the Services to you.
11. How we may use your personal information
11.1 We will use any personal information you provide to us to:
(a) provide the Services;
(b) process your payment for the Services; and
(c) inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
12. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
12.1 Nothing in the Contract limits or excludes our liability for:
(a) Death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
(b) Fraud or fraudulent misrepresentation; or
(c) Breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
12.2 We will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) Loss of profits;
(b) Loss of sales or business;
(c) Loss of agreements or contracts;
(d) Loss of anticipated savings;
(e) Loss of use or corruption of software, data or information;
(f) Loss of or damage to goodwill; and
(g) Any indirect or consequential loss.
12.3 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, including without limitation the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.
12.4 This clause 12 will survive termination of the Contract.
13.1 We each undertake that we will not at any time, and for a period of 3 years after termination of the Contract, disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by clause13.2.
13.2 We each may disclose the other’s confidential information:
(a) To such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause13; and
(b) As may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
13.3 Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.
14.1 Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:
(a) You commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7 days of you being notified in writing to do so;
(b) You fail to pay any amount due under the Contract on the due date for payment;
(c) You take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
(d) You suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(e) Your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
14.2 Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
14.3 On Termination of the Contract you shall make immediate payment of all amounts outstanding under your Contract.
14.4 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
15. Events outside our control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
15.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
15.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.
16. Communications between us
16.1 When we refer to “in writing” in these Terms, this includes email.
16.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
16.3 A notice or other communication is deemed to have been received:
(a) If delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
(b) If sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(c) If sent by email, at 9.00 am the next working day after transmission.
16.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
16.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
17.1 Assignment and transfer.
(a) We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you by posting on this webpage if this happens.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
17.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
17.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
17.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
17.6 Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the court of England and Wales.