If you wish to have your details included on the www.theboatinghub.com website, you must agree to the terms below as the exclusive basis for such inclusion.
BETWEEN: (1) The Boating Hub and (2) you (hereinafter referred to as User or you)
IT IS HEREBY AGREED THAT: The following definitions in this agreement shall mean:
1.1 User`s Details means information submitted by a User, which may be held by The Boating Hub either the whole or excerpts of which may be included on the Website
1.2 Service means the service of advertising training centre courses (and other related matters of interest) online at the Website and providing a mechanism enabling Users to apply direct to the Advertiser. We act as an intermediary in a way similar to a ‘trade directory’ or ‘introduction’ agency.
1.3 Website means www.theboatinghub.com
1.1 In consideration of the User abiding by the terms of this Agreement and subject to the effects of the failure or interruption of services provided by any third parties, The Boating Hub agrees to provide the Services so contracted for and agreed to.
2.2 The Boating Hub may refuse to process or post the whole or any part of the User`s Details if The Boating Hub deems it to be offensive or inappropriate or in its absolute discretion it believes to be inaccurate or untrue.
3.1 The Boating Hub warrants that all details which it holds in relation to the User shall be held and processed in accordance with The Boating Hub’s Data Protection Policy and its Data Protection registration. The Boating Hub shall not transfer any personal data without the express written consent of the User.
3.2 The User shall bear sole responsibility for ensuring the accuracy of the Users Details supplied to The Boating Hub
4.1 The User recognises and accepts that he/she bears sole responsibility for the content of the User`s Details and any message or notice it posts.
4.2 The Boating Hub agrees that upon written notice from the User of any inaccuracies in the User`s Details it will use reasonable efforts to rectify such inaccuracies PROVIDED ALWAYS that the correct information is provided to The Boating Hub by the User.
4.3 The Boating Hub shall retain the right at all times to refuse to provide the Service or any part thereof, including without limitation, posting any User`s Details to the Website and to prohibit the User from using the Website in the future where it reasonably believes that the User`s Details are incorrect or deliberately misleading and any message or notice in the opinion of The Boating Hub under the laws of any jurisdiction from which it is possible to access the Website may
4.4 be illegal, illicit, indecent, obscene, defamatory, infringing of third party rights (of whatever nature and including, without limitation, any Intellectual Property Rights
4.5 be in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory
4.6 harm the reputation of The Boating Hub in any way
5. User’s Obligations and Responsibilities:
5.1 The User undertakes to notify The Boating Hub of any changes to the User`s Details from time to time as and when required.
5.2 The User undertakes to check that the User`s Details posted to the Website and promptly notify The Boating Hub in the event of any inaccuracies therein.
5.3 The User warrants, represents and undertakes that no data, information or User`s Material provided by the User (including, for the purposes of this Clause 5.3, any messages or notices posted to the Website) shall be obscene, indecent, defamatory of any persons or otherwise illegal or unlawful under the laws of any jurisdiction from which the Website may be accessed
6.1 The User agrees to indemnify The Boating Hub against all damages, liabilities, costs and expenses which The Boating Hub may incur or sustain including without limitation the costs of defending any suit arising from the use of any of the User`s Details or data provided by or on behalf of the User in relation to the Website or any act or omission by the User
7. Limitation of Liability
7.1 The Boating Hub is not liable for any indirect loss, consequential loss, loss of profits, revenue, data or goodwill howsoever arising suffered by the User and arising in any way in connection with this Agreement or for any liability of the User to any third party
7.2 The Boating Hub is not liable for any computer viruses, spyware or malware uploaded to the Website by any third parties or user.
7.3 The Boating Hub is not liable for any errors, omissions or delays or undertakings of the User.
7.4 The Boating Hub shall not be liable for ensuring that User`s Material and any message or notice posted to the Website by the User is legal and lawful and is not obscene, defamatory or otherwise infringing of any third party rights whatsoever. Should you have any concerns regarding any comments or statements made, then please email us at ‘info(at)theboatinghub(dot com)’ and we shall do everything in our power to remove the comments or statements.
7.5 The Boating Hub is not liable for any failure in respect of its obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties
8. Duration and Termination:
8.1 The User`s Details will remain on the Website for such time as The Boating Hub sees fit and it is the User`s responsibility to ask The Boating Hub to remove or revise them if they are no longer applicable or accurate.
8.2 The Boating Hub may terminate this Agreement by giving 7 days written notice of termination to The Boating Hub by the User from time to time or with immediate effect in the event of any breach of Clauses 4.6 or 5 by the User.
8.3 The User may terminate this Agreement by sending an email request to unsubscribe your details from our site to ‘info(at)theboatinghub(dot com)’
9.1 Subject to Clause 9.2, these Terms and any other expressly incorporated document constitute the entire agreement between the parties hereto relating to the subject matter hereof and neither party has relied on any representation made by the other party unless such representation is expressly included herein. Nothing in this Clause 9.1 shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.
9.2 No change, alteration or modification to this agreement shall be valid unless in writing and signed by duly authorised representatives of both parties.
9.3 Should any clause or provision of this agreement or any part thereof be struck out for want of illegality or lack of construction, the remaining clauses shall be deemed to remain and apply.
9.4 Any notice given pursuant hereto may be served personally or sent by pre-paid registered letter or recorded delivery to our registered office address which is: The Boating Hub Ltd, 231 Park Lane, Macclesfield, Cheshire, SK11 8AA. The Company’s registration number is 08179594. Such notice shall be deemed to have been duly served upon and received by the addressee, when served personally, at the time of such service or, when posted, 48 hours after the same shall have been put into the post correctly addressed and pre-paid.
9.5 Neither party shall be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder (other than in relation to payment) resulting from acts or causes beyond its reasonable control or from any force majure, acts of God, acts or regulations of any governmental or of any supra-national authority.
9.6 Any delay or forbearance by either party in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
9.7 This Agreement shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.
You can access our home page and browse our site without disclosing your personal data save information collected by cookies that we use (see below).
10. Disclosure of Information:
In the unlikely event that a liquidator, administrator or receiver is appointed over us or all or any part of our assets that insolvency practitioner may transfer your information to a third party purchaser of the business provided that purchaser undertakes to use your information for the same purposes as set out in this policy. We undertake not to provide your personal information to third parties save in accordance with this policy
11. Disclaimer of Warranty and Liability:
The following provisions may be curtailed or disallowed by the laws of the country in which the person accessing this website is situated. In such case, the terms hereof are to be read as excluding or limiting such term so as to satisfy such jurisdiction. We do not represent or warrant that the information accessible via this website is accurate, complete or current. We have no liability whatsoever in respect of any use which you make of such information. The information provided on this website has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself prior to ordering any products or services from us that they are suitable for your purposes. Viruses & Malware: Whilst we make all reasonable attempts to exclude viruses from the website, we cannot ensure such exclusion and no liability is accepted by us for any viruses or malware you may encounter during your time of using our site. You are recommended to take all appropriate safeguards before downloading information or images from this website, and to have adequate anti-virus protection software in place on your machine. All warranties, express or implied, statutory or otherwise are hereby excluded. Neither we nor any of our employees or affiliated entities will be liable for any kind of damages and howsoever arising including, without limitation, loss of profits, compensatory, consequential, direct, exemplary, incidental, indirect, punitive or special, damages or any liability which you may have to a third party (unless caused by own clear negligence), even if we have been advised of the possibility of such loss. We are not responsible for the direct or indirect consequences of you linking to any other website from this website. This website is intended for use by those over the age of 18 years. No one under that age should carry out any activity whatsoever based on the information on this website. If you are under the age of 18 years please leave the site immediately
12. Jurisdiction of these Terms:
These terms and this disclaimer and any claim based on use of information from this website shall be governed by the laws of England and Wales and for our benefit you agree to submit any disputes or claims to the jurisdiction of the Courts of England and Wales.