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yacht-auction

THEM'S

THE RULES

These Rules from an agreement between the Club on the one hand, and all Associates, Members and Governors and anyone using this website on the other. They establish a fair and balanced framework which governs respective rights and responsibilities. You’re bound by the Rules, so please take a moment to read them thoroughly. Please contact us if there’s anything you’d like clarified.

1. DEFINITIONS

​1.1. In the Rules the following words have the following meanings:
1.1.2. IP Rights: any and all intellectual property rights, whether registered or unregistered, including but not limited to any patents, trademarks, domain names, URLs, design rights, copyright, software rights, database rights, rights in and to business names, product names and logos, processes, trade secrets, confidential information and any similar rights in any jurisdiction.
1.1.3. Link(s): link(s), provided in the Website, to third party resources and businesses;
1.1.4. Material: information, articles, guides, documents and clauses, provided by Us, whether via the Website or otherwise;
1.1.5. Membership: a paid subscription granting You access to certain Material;
1.1.6. Our: belonging to, or emanating from, Us;
1.1.7. Rules: this present document, known as the Rules;
1.1.8. Staff: any employee or representative of The Owners Club, including but not limited to the Our General Secretary;
1.1.9. We, Us: The Owners Club;
1.1.10. Website: the website theownersclub.org, and all pages, parts and elements thereof;
1.1.11. You: You, whether Associate, Member or Governor of The Owners Club, or user of the Website, as the case may be, and Your employer or principal where you act on behalf of one;
1.1.12. Your: of or from You.

2. APPLICATION

​2.1. For good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, You agree to be bound by all of the Rules.
2.2. By using the Website, or viewing, downloading, using, sending, storing or receiving, any Material, You agree to be bound by all of the Rules, as well as Our [privacy policy].
2.3. You are responsible for ensuring that all persons who access the Website through Your internet connection are aware of all of the Rules and that they comply with them.

3. MEMBERSHIP

​3.1. Memberships are for one year, payable monthly.
3.2. A Membership entitles You, for one year, subject to monthly Membership fee instalments having been paid to date, to access those parts of the Website which We may from time to time restrict access to those only with Membership, and to access and download certain Material.
3.3. On each anniversary of You joining Us, We will automatically renew Membership unless You have notified Us that You want to cancel Membership by emailing us at gensec@theownersclub.org.
3.4. We may store and when possible update Your payment method on file. It is Your responsibility to maintain current credit card information on file with Us.
3.5. We reserve the right to change Membership fees from time to time.
3.6. From time to time, we may also offer different Membership terms and benefits.
3.7. Membership fees are non-refundable.
3.8. You authorise Us, to collect, without notice, Membership fees using any valid payment source We have on record for You.
3.9. If You fail to provide a payment to Us in full and on time, or We are unable to obtain payment using Your designated payment, We may deem such a failure as notice of cancellation and cancel Membership immediately.
3.10 We may cancel Membership at any time where We consider that You are in breach of any part of the Rules.
3.11. You are responsible for ensuring all contact details You provide Us with are correct and up to date.
3.12. If You choose, or You are provided with, a user identification code, password or any other piece of information as part of Our security procedures, You must treat such information as confidential, and You must not disclose it to any third party.
3.13. We have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion You have failed to comply with any of the provisions of these terms of use.
3.14. If You know or suspect that anyone other than You knows Your user identification code or password, You must notify Us promptly at gensec@theownersclub.org.

4. WEBSITE

​4.1. You are responsible for making all arrangements necessary for You to have access to the Website.
4.2. You will not:
4.2.1. Use the Website for any purpose that is unlawful or prohibited by the Rules;
4.2.2. Use the Website in any manner which could damage, disable, overburden or impair the Website, or interfere with any other party’s use and enjoyment of the Website; or
4.2.3. Obtain or attempt to obtain any Material through any means not intentionally provided for on the Website.
4.3. We will use reasonable efforts to keep the Website available to You, but if necessary, We may suspend access to the Website, or close it indefinitely. We will not be liable if for any reason the Website is unavailable at any time or for any period.
4.4. The Website may include information and materials uploaded by other users of the Website, including to bulletin boards and chat rooms. Such information and materials have not been verified or approved by Us. The views expressed by other users of the Website do not represent Our views or values.

5. VIRUSES

​5.1. We do not guarantee that the Website will be secure or free from bugs or viruses.
5.2. You are responsible for configuring Your information technology, computer programmes and platform to access the Website. You should use Your own virus protection software.
5.3. You must not:
5.3.1. Misuse the Website by introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
5.3.2. Gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
5.3.3. Attack the Website via a denial-of-service attack or a distributed denial-of service attack.

6. UPLOADING

​6.1. Any content You upload to the Website will be considered non-confidential and non-proprietary. You retain all of Your ownership rights in Your content, but You grant Us a licence to use, store and copy that content and to distribute and make it available to third parties.
6.2. We have the right to disclose Your identity to any third party who is claiming that any content posted or uploaded by You to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
6.3. You are solely responsible for securing and backing up Your content.
6.4. When You upload or post content to the Website, You grant Us the following rights to use that content:
6.4.1. A worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the Website and across different media, including to promote the site or the service, forever; and
6.4.2. A worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content for their purposes, forever.

7. LINKS

​7.1. Links are only provided for Your convenience and to help You identify and locate other resources that may be of interest to You.
7.2. We do not control, endorse or monitor the contents of any sites subject to a Link, including, without limitation, any further link contained in a site referenced by a Link, and any changes or updates to site referenced by a Link.
7.3. If  You use any service provided on a site to which a Link refers:
7.3.1. We will not be responsible for any act or omission of any third party, including such third party’s access to or use of Your data; and
7.3.2. We do not warrant or support any product or service provided by the third party.
7.4. You may link to the Website home page, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it.
7.5. 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.
7.6. You must not establish a link to the Website in any website that is not owned by You.
7.7. Our site must not be framed on any other site, nor may You create a link to any part of the Website other than the home page.
7.8. We reserve the right to withdraw linking permission without notice.

8. MATERIAL

​8.1. We do not guarantee that Material is correct, up-to-date, or suitable for particular persons or situations.
8.2. The Material may include inaccuracies or typographical errors.
8.3. From time to time, changes may be made to the Material, with or without You being notified.
8.4. Material must not be relied upon for legal, tax or financial decisions and You should consult an appropriate professional for specific advice tailored to Your situation.
8.5. Any templates within the Material are for use only as a starting point for the preparation of legal documents. They must be adapted by You to meet Your individual requirements. You should always take legal advice for Your specific situation.
8.6. We make no representations about the suitability, reliability, availability, timeliness, and accuracy of the Material.
8.7. All Material is provided ‘as is’ without warranty or condition of any kind including all implied warranties or conditions of satisfactoriness, fitness for a particular purpose, title and non-infringement.
8.8. You use the Material and the Website at Your own risk.
8.9. Neither Us nor any Staff will be liable to You or any other party for any losses or damages whatsoever or howsoever arising in connection with the Material or the Website, whether under contract or as a result of any misrepresentation, misstatement or tortious act or omission, including negligence.
8.10. Our and the Staff’s liability to You for any loss or damage, including any losses, damages, costs or expenses whatsoever or howsoever arising in connection with the use of the Material or Website, whether under the Rules or other Rules or as a result of any misrepresentation, misstatement or tortious act or omission, including negligence, is limited to damages of an amount equal to that received by Us from You for a year’s Membership.

9. INTELLECTUAL PROPERTY

​9.1. We own and retain all rights, title, interest and IP Rights in relation to the Material.
9.2. Except in connection with the ownership or management of a yacht(s) which You own directly or indirectly or You manage, You must not reproduce, modify, translate or create derivative works of any Material.
9.3. Without exception, You may not sell, license, sublicense, rent, lease, distribute, copy, publicly display or publish any Material.

10. RELATIONSHIP

​10.1. We only provide a platform for information and self-help.
10.2.  Material is provided for Your private use, does not constitute legal and/or financial advice and should not be relied upon as such.
10.3. We are not a regulated or unregulated law firm. Communications between You and Us or Staff will not be protected by legal professional privilege and may be disclosable to third parties.
10.4. No communications between You and Us or Staff constitute legal advice or can be relied on as such.
10.5. Use by You of the Website or Material does not establish a duty of care (either in tort or in contract) between You and Us or Staff, or create a lawyer-client relationship between You and Us or Staff.
10.6. Names of third parties are published on the Website or in Material, or provided to Members, for information purposes only. We do not endorse or recommend any third party nor do We make any warranty as to the qualifications or competency of any third party.
10.7. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Us as a result of the Rules or Your use of the Website or the Material.

11. SEVERANCE

11.1. If any part of the Rules is determined to be invalid or unenforceable under any applicable law, then the invalid or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision will be deemed deleted. Following such modification or deletion, the remainder of the Rules will continue in effect.

12. REVISIONS

​12.1. We may revise the Rules from time to time, and will always post the most current version on the Website. By continuing to use or access the Website or Material, You agree to be bound by the most recent revision of the Rules.

13. ENTIRE AGREEMENT

​13.1. Unless otherwise specified, the Rules constitutes the entire Rules between You and Us with respect to the matters covered by the Rules, and extinguishes all previous Ruless, arrangements, representations and understandings between You and Us, whether written or oral, relating such matters.

14. ASSIGNMENT

​14.1. You must not assign or otherwise transfer any right granted under the Rules. We can freely assign Our rights under the Rules.

15. WAIVER

​15.1. A failure or delay by Us to exercise any right or remedy provided under the Rules or by law will not constitute a waiver of that or any other right or remedy, nor will it prevent or restrict any further exercise of that or any other right or remedy.

16. THIRD PARTIES

​16.1. A person who is not a party to the Rules will not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Rules.

17. LAW & JURISDICTION

​17.1. The Rules and any dispute or claim arising out of or in connection with it or its subject matter or formation will be governed by and construed in accordance with English law.
17.2. The courts of England and Wales will have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Rules or its subject matter or formation.

These Rules from an agreement between the Club on the one hand, and all Associates, Members and Governors and anyone using this website on the other. They establish a fair and balanced framework which governs respective rights and responsibilities. You’re bound by the Rules, so please take a moment to read them thoroughly. Please contact us if there’s anything you’d like clarified.

1. DEFINITIONS

1.1. In the Rules the following words have the following meanings:
1.1.2. IP Rights: any and all intellectual property rights, whether registered or unregistered, including but not limited to any patents, trademarks, domain names, URLs, design rights, copyright, software rights, database rights, rights in and to business names, product names and logos, processes, trade secrets, confidential information and any similar rights in any jurisdiction.
1.1.3. Link(s): link(s), provided in the Website, to third party resources and businesses;
1.1.4. Material: information, articles, guides, documents and clauses, provided by Us, whether via the Website or otherwise;
1.1.5. Membership: a paid subscription granting You access to certain Material;
1.1.6. Our: belonging to, or emanating from, Us;
1.1.7. Rules: this present document, known as the Rules;
1.1.8. Staff: any employee or representative of The Owners Club, including but not limited to the Our General Secretary;
1.1.9. We, Us: The Owners Club;
1.1.10. Website: the website theownersclub.org, and all pages, parts and elements thereof;
1.1.11. You: You, whether Associate, Member or Governor of  The Owners Club, or user of the Website, as the case may be, and Your employer or principal where you act on behalf of one;
1.1.12. Your: of or from You.

​​

2. APPLICATION

​2.1. For good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, You agree to be bound by all of the Rules.
2.2. By using the Website, or viewing, downloading, using, sending, storing or receiving, any Material, You agree to be bound by all of the Rules, as well as Our privacy policy.
2.3. You are responsible for ensuring that all persons who access the Website through Your internet connection are aware of all of the Rules and that they comply with them.

3. MEMBERSHIP

​3.1. Memberships are for one year, payable monthly.
3.2. A Membership entitles You, for one year, subject to monthly Membership fee instalments having been paid to date, to access those parts of the Website which We may from time to time restrict access to those only with Membership, and to access and download certain Material.
3.3. On each anniversary of You joining Us, We will automatically renew Membership unless You have notified Us that You want to cancel Membership by emailing us at gensec@theownersclub.org.
3.4. We may store and when possible update Your payment method on file. It is Your responsibility to maintain current credit card information on file with Us.
3.5. We reserve the right to change Membership fees from time to time.
3.6. From time to time, we may also offer different Membership terms and benefits.
3.7. Membership fees are non-refundable.
3.8. You authorise Us, to collect, without notice, Membership fees using any valid payment source We have on record for You.
3.9. If You fail to provide a payment to Us in full and on time, or We are unable to obtain payment using Your designated payment, We may deem such a failure as notice of cancellation and cancel Membership immediately.
3.10 We may cancel Membership at any time where We consider that You are in breach of any part of the Rules.
3.11. You are responsible for ensuring all contact details You provide Us with are correct and up to date.
3.12. If You choose, or You are provided with, a user identification code, password or any other piece of information as part of Our security procedures, You must treat such information as confidential, and You must not disclose it to any third party.
3.13. We have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion You have failed to comply with any of the provisions of these terms of use.
3.14. If You know or suspect that anyone other than You knows Your user identification code or password, You must notify Us promptly at gensec@theownersclub.org.

4. WEBSITE

​4.1. You are responsible for making all arrangements necessary for You to have access to the Website.
4.2. You will not:
4.2.1. Use the Website for any purpose that is unlawful or prohibited by the Rules;
4.2.2. Use the Website in any manner which could damage, disable, overburden or impair the Website, or interfere with any other party’s use and enjoyment of the Website; or
4.2.3. Obtain or attempt to obtain any Material through any means not intentionally provided for on the Website.
4.3. We will use reasonable efforts to keep the Website available to You, but if necessary, We may suspend access to the Website, or close it indefinitely. We will not be liable if for any reason the Website is unavailable at any time or for any period.
4.4. The Website may include information and materials uploaded by other users of the Website, including to bulletin boards and chat rooms. Such information and materials have not been verified or approved by Us. The views expressed by other users of the Website do not represent Our views or values.

5. VIRUSES

​5.1. We do not guarantee that the Website will be secure or free from bugs or viruses.
5.2. You are responsible for configuring Your information technology, computer programmes and platform to access the Website. You should use Your own virus protection software.
5.3. You must not:
5.3.1. Misuse the Website by introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
5.3.2. Gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
5.3.3. Attack the Website via a denial-of-service attack or a distributed denial-of service attack.

6. UPLOADING

​6.1. Any content You upload to the Website will be considered non-confidential and non-proprietary. You retain all of Your ownership rights in Your content, but You grant Us a licence to use, store and copy that content and to distribute and make it available to third parties.
6.2. We have the right to disclose Your identity to any third party who is claiming that any content posted or uploaded by You to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
6.3. You are solely responsible for securing and backing up Your content.
6.4. When You upload or post content to the Website, You grant Us the following rights to use that content:
6.4.1. A worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the Website and across different media, including to promote the site or the service, forever; and
6.4.2. A worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content for their purposes, forever.

7. LINKS

​7.1. Links are only provided for Your convenience and to help You identify and locate other resources that may be of interest to You.
7.2. We do not control, endorse or monitor the contents of any sites subject to a Link, including, without limitation, any further link contained in a site referenced by a Link, and any changes or updates to site referenced by a Link.
7.3. If  You use any service provided on a site to which a Link refers:
7.3.1. We will not be responsible for any act or omission of any third party, including such third party’s access to or use of Your data; and
7.3.2. We do not warrant or support any product or service provided by the third party.
7.4. You may link to the Website home page, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it.
7.5. 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.
7.6. You must not establish a link to the Website in any website that is not owned by You.
7.7. Our site must not be framed on any other site, nor may You create a link to any part of the Website other than the home page.
7.8. We reserve the right to withdraw linking permission without notice.

8. MATERIAL

​8.1. We do not guarantee that Material is correct, up-to-date, or suitable for particular persons or situations.
8.2. The Material may include inaccuracies or typographical errors.
8.3. From time to time, changes may be made to the Material, with or without You being notified.
8.4. Material must not be relied upon for legal, tax or financial decisions and You should consult an appropriate professional for specific advice tailored to Your situation.
8.5. Any templates within the Material are for use only as a starting point for the preparation of legal documents. They must be adapted by You to meet Your individual requirements. You should always take legal advice for Your specific situation.
8.6. We make no representations about the suitability, reliability, availability, timeliness, and accuracy of the Material.
8.7. All Material is provided ‘as is’ without warranty or condition of any kind including all implied warranties or conditions of satisfactoriness, fitness for a particular purpose, title and non-infringement.
8.8. You use the Material and the Website at Your own risk.
8.9. Neither Us nor any Staff will be liable to You or any other party for any losses or damages whatsoever or howsoever arising in connection with the Material or the Website, whether under contract or as a result of any misrepresentation, misstatement or tortious act or omission, including negligence.
8.10. Our and the Staff’s liability to You for any loss or damage, including any losses, damages, costs or expenses whatsoever or howsoever arising in connection with the use of the Material or Website, whether under the Rules or other Rules or as a result of any misrepresentation, misstatement or tortious act or omission, including negligence, is limited to damages of an amount equal to that received by Us from You for a year’s Membership.

9. INTELLECTUAL PROPERTY

​9.1. We own and retain all rights, title, interest and IP Rights in relation to the Material.
9.2. Except in connection with the ownership or management of a yacht(s) which You own directly or indirectly or You manage, You must not reproduce, modify, translate or create derivative works of any Material.
9.3. Without exception, You may not sell, license, sublicense, rent, lease, distribute, copy, publicly display or publish any Material.

10. RELATIONSHIP

​10.1. We only provide a platform for information and self-help.
10.2.  Material is provided for Your private use, does not constitute legal and/or financial advice and should not be relied upon as such.
10.3. We are not a regulated or unregulated law firm. Communications between You and Us or Staff will not be protected by legal professional privilege and may be disclosable to third parties.
10.4. No communications between You and Us or Staff constitute legal advice or can be relied on as such.
10.5. Use by You of the Website or Material does not establish a duty of care (either in tort or in contract) between You and Us or Staff, or create a lawyer-client relationship between You and Us or Staff.
10.6. Names of third parties are published on the Website or in Material, or provided to Members, for information purposes only. We do not endorse or recommend any third party nor do We make any warranty as to the qualifications or competency of any third party.
10.7. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Us as a result of the Rules or Your use of the Website or the Material.

11. SEVERANCE

11.1. If any part of the Rules is determined to be invalid or unenforceable under any applicable law, then the invalid or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision will be deemed deleted. Following such modification or deletion, the remainder of the Rules will continue in effect.

12. REVISIONS

​12.1. We may revise the Rules from time to time, and will always post the most current version on the Website. By continuing to use or access the Website or Material, You agree to be bound by the most recent revision of the Rules.

13. ENTIRE AGREEMENT

​13.1. Unless otherwise specified, the Rules constitutes the entire Rules between You and Us with respect to the matters covered by the Rules, and extinguishes all previous Ruless, arrangements, representations and understandings between You and Us, whether written or oral, relating such matters.

14. ASSIGNMENT

​14.1. You must not assign or otherwise transfer any right granted under the Rules. We can freely assign Our rights under the Rules.

15. WAIVER

15.1. A failure or delay by Us to exercise any right or remedy provided under the Rules or by law will not constitute a waiver of that or any other right or remedy, nor will it prevent or restrict any further exercise of that or any other right or remedy.

16. THIRD PARTIES

16.1. A person who is not a party to the Rules will not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Rules.

17. LAW & JURISDICTION

17.1. The Rules and any dispute or claim arising out of or in connection with it or its subject matter or formation will be governed by and construed in accordance with English law.
17.2. The courts of England and Wales will have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Rules or its subject matter or formation.

Rules

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