Last updated: 16 January 2020
- “we/us/our” means omegawatermarine.com Limited;
- “Website” means the Website accessed at www.omegawatermarine.com;
- “you”/”your” means the user of the Website.
Access to the Website is subject to the following terms and conditions. Please take the time to read through these before continuing to use the Website.
On accessing the Website on this and on each subsequent occasion you will be deemed to have accepted all of the terms and conditions that apply to its use and to the facilities and services provided by it.
We reserve the right to alter these terms and conditions at any time and it is your obligation to check if changes have been made. Your use of the Website after changes are posted on-line shall constitute acceptance of the new terms and conditions.
WE ALSO REFER YOU TO
In consideration of our agreeing to permit you to use the Website to search our database of boats for sale and browse other content, you agree that you will only use, reproduce and print materials comprising the results of such searches for your own personal, non-commercial purposes.
In particular, you must not:
- Use the contact details provided by advertisers of items for sale on the Website to contact such advertisers other than in connection with a genuine enquiry relating to the purchase by you of the item in question.
- Access the Website using automated programs, software or any other method of screen-scraping.
In consideration of our agreeing to permit you to use our Website you grant to us a non-exclusive world-wide licence in perpetuity to:
- edit, copy, adapt, translate or modify any content;
- reproduce and store copies of the content in such format and by such technology and/or media (whether now known or later devised) as we may require;
- publish, distribute, transmit, and otherwise reproduce all or part of the content in connection with, across and through the Website;
- market or promote information or activity relating to or connected with the Website;
- exploit the content in accordance with the rights granted under this Agreement.
You agree to waive, and will procure that all of your subcontractors and Employees waive, all moral rights in the content in favour of us being allowed to provide the Website service.
The pages contained in the Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.
The information contained in the material in the Website is only for information purposes. The material on the Website does not constitute advice and you should not rely on any material on the Website to make (or refrain from making) any decision or take (or refrain from taking) any action.
The Website contains material submitted and created by private and trade dealers and other third parties.
We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material. We give no warranties, conditions, guarantees or representations, express or implied, as to:
- the completeness or accuracy of the advice and information contained on the Website or any website to which it is linked;
- the content of the advertisements included in our database, including but not limited to the ownership, quality, authenticity of any photographs, compliance with description or fitness for purpose of any such information;
- the completeness or accuracy of the results of any search of our database.
We will need to carry out routine maintenance and servicing of our servers and equipment from time to time. While we will seek to keep disruption to a minimum, we cannot guarantee that the Website will be continuously available on-line. We therefore provide the Website on an “as is” and “as available” basis.
We make no warranty that the Website (or websites which are linked to the Website) is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software.
We are not liable for any failure to perform any of our obligations under these terms and conditions caused by matters beyond our reasonable control.
We shall not be liable for any damages, including without limitation, direct, indirect or consequential damages, howsoever arising out of your use of the Website or in respect of any of your actions or omissions taken in reliance on any of the advice or information contained on the Website or any website to which the Website is linked.
You should not proceed with the service until you have read and agreed to the following:
The above two references contain the entire agreement and understanding between the parties relating to the Website, and supersede any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either party. We exclude all representations and warranties relating to access to use of the Website, whether they are statutory or otherwise, as far as is possible by law. If any of these terms and conditions shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.
These terms and conditions shall be governed by and in accordance with English law and subject to the exclusive jurisdiction of the English Courts.
If you do not agree to obey these terms and conditions you must stop using the Website immediately.
THIS IS A DISCLAIMER OF LIABILITY BY THEYACHTMARKET.COM (“We or Us”).
ALTHOUGH WE HOPE THIS WEBSITE WILL BE OF INTEREST TO YOU, YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK.
USE OF THIS WEBSITE IS SUBJECT TO THE LAWS OF ENGLAND AND WALES AND SUBJECT TO THE TERMS AND CONDITIONS. WE SHALL NOT BE LIABLE IF THE CONTENT OF THIS WEBSITE OR ANY VIEWING OF IT BY YOU IS CONTRARY TO THE LAWS APPLYING IN THE PLACE WHERE YOU ACCESS THIS WEBSITE. WE DO NOT MAKE THIS WEBSITE AVAILABLE FOR YOUR SPECIFIC NEEDS. WE DO NOT REPRESENT OR WARRANT THAT THE CONTENTS OF OUR WEBSITE ARE ACCURATE, COMPLETE, USEFUL, UP-TO-DATE OR ACCESSIBLE. WE DO NOT ACCEPT ANY LIABILITY FOR THE CONTENTS OF OUR WEBSITE, OR ITS ACCESSIBILITY. YOU SHOULD VERIFY THE ACCURACY OF ANY INFORMATION BEFORE YOU ACT UPON IT. ANY VIEWS IMAGES OR PHOTOGRAPHS RELATING TO THE YACHTMARKET.COM ARE NOT THOSE OF THE YACHTMARKET.COM LIMITED.
BY SHOWING LINKS TO OTHER WEBSITES OR MATERIAL THE YACHTMARKET.COM DOES NOT GIVE ANY APPROVAL OR ENDORSEMENT OF THOSE WEBSITES OR MATERIALS, AND THE COMPANY ACCEPTS NO LIABILITY FOR LOSS ARISING FROM YOUR FOLLOWING SUCH LINKS AND ACCESSING THOSE WEBSITES.
IF YOU DECIDE TO PURCHASE A YACHT OR BOAT VIA OUR SITE PLEASE BE AWARE OF BUYER BEWARE. WE RECOMMEND THAT YOU UNDERTAKE A COMPLETE DUE DILIGENCE PROCEDURE PRIOR TO THE EXCHANGE OF CONTRACTS OR MONIES.
YOU ARE RESPONSIBLE FOR PROTECTING THE SECURITY AND INTEGRITY OF YOUR SYSTEM AND DATA. THE COMPANY MAKES NO CLAIM THAT THIS WEBSITE IS FREE FROM VIRUSES OR OTHER COMPUTER OR DATA CORRUPTING OR DAMAGING MATERIAL. ALL REPRESENTATIONS AND WARRANTIES RELATING TO THIS WEBSITE, EXPRESS OR IMPLIED, ARE EXCLUDED.
THE COMPANY DOES NOT HAVE ANY LIABILITY TO YOU ARISING OUT OF YOUR USE OF THIS WEBSITE OR INTERRUPTION OF YOUR USE.