By filling the form I agree to the Publishing Terms & ConditionsPublishing Terms & Conditions1.Definitions
In these Conditions, the following words and expressions shall have the meaning set out below:
“Client” is the entity or person whose Nauticat boat are featured in the Boat Information;
“Form” means form which Client need to fulfill in order to place Boat Information on www.nauticat.com
and other Websites and Platforms;
“Boat Information” means information (including any text, images, audio and video content) to be placed on www.nauticat.com
and other Websites and Platforms in accordance with the terms of this Agreement, on the base of Information Client provide in Form;
“Agreement” means these Terms and Conditions;
“Publishing Period” means the period during which Boat Information of Client will be placed on www.nauticat.com
and other Websites and Platform;
“GDPR” : has the meaning given to it in section 3(10) of the Data Protection Act 2018 (as supplemented by section 205(4));
“Personal Data” has the meaning given in the GDPR.
“Publisher” means Nauticat Yachts SIA;
“Other Websites and Platforms” means a digital platform and websites owned and operated by a third party. List of actual websites and Platforms can be changed by the Publisher, but should be provided to the Client attention as amendment to this Terms ;
“Potential buyer” means www.nauticat.com
and other Websites and Platforms visitor who is interested in Nauticat boat featured in Boat Information;2. Rights and Obligations of Publisher
2.1. Publisher will arrange for the Boat Information to appear on www.nauticat.com
and other Websites and Platforms, as arranged with the Client insofar as is possible.
2.2. Boat Information placed on www.nauticat.com
and other Websites and Platforms is information which Client provided in Form. While every endeavor will be made to meet the wishes of the Client, Publisher does not guarantee that all particular Boat Information will be disseminated. Publisher doesn’t make any semantic or factual changes, except for correction of words, terms or abbreviations. But has the right to exclude information not directly related to Boat Information.
2.3. In the event that Publisher elects to amend the Boat Information (or the position/timing thereof), Publisher will use reasonable endeavours to consult with the Client in good faith.
2.4. Publisher retains the right to omit, amend, suspend or change the position/timing of any Boat Information, including, but not limited to where in the sole discretion of Publisher: (i) the Boat Information is in breach of any undertakings or warranties under this Agreement, or (iii) where any third party claims that any of its rights or any relevant regulations have been breached.
2.5. Publisher has right to provide Client’s information (Name, phone, e-mail), provided by the Сlient in Form to Potential buyers on request from their side.
2.6. Publisher is not responsible for checking Boat information provided by the Client.
2.7 Publisher retains editorial control over the Boat information.
2.8. Publisher is obliged to remove Boat information from www.nauticat.com
and other Websites and Platforms within 5 days after receiving written request from Client
2.9. Publisher will comply with all applicable data protection legislation, including the GDPR.3. Rights and Obligations of the Client
3.1 By filling in the Form, the client confirms that he has legal rights to own and dispose of the specified Nauticat Boat.
3.2. To place Boat information on www.nauticat.com
and other Websites and Platform The Client agrees to fulfill Form, or provide all requested by Publisher information in other way, if agreed additionally.
3.2. The Сlient bears full responsibility for the accuracy of the information provided in Boat Information and the correspondence of this information to the actual condition of the boat.
3.3. In case of any changes in the characteristics specified in the Boat Information, the client undertakes to inform the Publisher within 5 days.
3.4. Client want to remove Boat Information from www.nauticat.com
and other Websites and Platform, Client informs Publisher by e-mail on email@example.com
. 4. Acceptance
4.1 Filling Form shall amount to an acceptance by the Client of the terms of this Agreement.
4.2 Any conditions stipulated verbally or in any other format by the Client shall be void insofar as they are (i) not approved by Publisher in writing; and (ii) in conflict with this Agreement.5. Brokerage
5.1. Publisher provides Brokerage services to Client on request.
5.2. Brokerage services are subject of The Brokerage Contract between Client and Publisher, and can be provided to Client only after The Brokerage Contract between Client and Publisher is signed.
5.3. Publisher provides Brokerage services to Client according to the terms of Brokerage services agreed in Brokerage Contract and to the General terms and conditions of brokerage contract.
5.4. Brokerage services are subject of additional fees agreed by Client in Brokerage contract.6. Charges
6.1. Publishing fee for placing Boat information on www.nauticat.com
only is free of charge.
6.2. Publishing fee for placing Boat Information on www.nauticat.com
and other Websites and Platforms (according to Amendment nr1) is 100.00 EUR (One hundred euro zero cents) (excluding VAT) per month;
6.4. If Client requested Brokerage services by Publisher, than after signing of Brokerage contract placing Boat Information on www.nauticat.com
and other Websites and Platforms (according to Amendment nr1) for such a client is free of charge.
6.3. The Client shall pay all fees and charges in advance unless other written agreement with Publisher.
6.4. Payments for Placing Boat Information according to the Clause 6.2. can be done monthly or in advance for time Client want Boat Information to be available on www.nauticat.com
and other Websites and Platforms.
6.5 Publishing fee according to the Clause 6.2. is not refundable. 7. Errors
7.1 It is the responsibility of the Client to check upon the first appearance of the Boat Information and notify Publisher immediately of any errors. Publisher assumes no responsibility for the correction of errors unless notified by the Client within 7 days. In the event of any error or omission in the appearance of Boat Information which is caused by Publisher, Publisher corrects Boat Information
No re-publication, refund or adjustment will be made where the error, misprint or omission does not materially detract from the Boat Information.
8.1 Publisher warrants to the Client that it has the full power and authority to enter into and perform Publication of Boat Information on www.nauticat.com.
8.2 The Client warrants and undertakes to Publisher that:
(i) it has the full power and authority to request Publishing of Boat Information;
(ii) the reproduction of the Boat Information and Information on www.nauticat.com
and Other Websites and Platforms shall not infringe any copyright, trade mark, right of privacy, right of publicity or personality or any other right of any nature of any third party;
(iii) where any Boat Information contains the name or pictorial representation (photographic or otherwise) of any living person and any part of any living person and any copy by which any living person is or can be identified, the Client has obtained the authority of such living person to make use of such name, representation and copy;
(iv) there are and shall be no claims, demands, liens, encumbrances or rights of any kind in any of the Information which can or will impair or interfere with the rights or obligations of Publisher;
(v) Boat Information:
(a) do not contain any material that is misleading, deceptive, obscene, blasphemous, defamatory, infringing of any rights of any third party or is otherwise legally actionable under any civil or criminal laws in force in any jurisdiction from which the Boat Information will be accessible;
(b) do not contain and will not distribute any viruses, spyware, malware or other malicious or destructive code; and
(b) do not contain any material which might bring Publisher, its products or partners into disrepute.9. Liability
9.1 The Client agrees to defend, indemnify and hold harmless Publisher and its officers, directors, agents, affiliates and employees, at all times against all claims, proceedings, demands, damages, liabilities and costs (including reasonable legal fees) arising in connection with: (i) a breach of this Agreement by the Client; (ii) the content of any Boat Information; (iii) a contaminated file, virus, worm, or Trojan horse originating from the Client; and (iv) any transaction entered into by the Client and Potential Buyer.
9.2 Publisher will not be liable for any loss or damage, direct or consequential, arising out of any failure to publish any Boat Information or for the delayed publication of any Boat Information or Publisher’s failure to perform any other obligation howsoever occasioned.
9.3 Publisher gives no warranties or guarantees in respect of Third Party Websites and Platforms and Publisher will not be liable for any loss or damage, direct or consequential, arising out of or in connection with Third Party Websites and Platforms.
9.4 Save for any liability that cannot be limited by law, Publisher’s liability to the Client will be limited to the amount of the fees due under Terms and Publisher shall have no liability to the Client for any indirect losses.
9.5 Nothing in this Terms limits or excludes any liability that cannot be limited or excluded by law.10. Intellectual Property Rights
10.2 The Client hereby grants Publisher a non-exclusive licence to use the Information and to publish the Boat Information on www.nauticat.com
and on other Websites and Platforms as agreed in the Terms.
10.3 Where any third party claims that any Boat Information infringes the intellectual property rights of a third party: (i) the Client shall notify Publisher immediately; and (ii) Publisher may modify the Boat Information or delete or replace any part of the Boat Information, or information contained in the Boat Information in accordance with Clause 2.11. Termination
11.1. Client can terminate Publication of Boat Information in any time by email to Publisher (firstname.lastname@example.org
11.2. Publisher can terminate Publication of Boat Information if Client is not paid monthly Publishing fees till the 1st
date of the Month.
11.3. Either party may terminate Publication of Boat Information immediately by giving written notice to the other party
(i) if the other party commits any material breach of its obligations and warranties under this Terms which, in the case of a breach capable of remedy, is not remedied within 10 days of service of a notice specifying the breach and requiring it to be remedied (Publisher reserves the right to suspend dissemination of the Boat Information pending its eventual reinstatement upon the breach in question being remedied); or
(ii) pursuant to Clause 16.
11.4. Upon termination Publisher will remove the Boat Information from www.nauticat.com
and on other Websites and Platforms;12. Disputes
12.1 This Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Latvian Republic. Each party irrevocably agrees that the courts of Latvian Republic shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Terms or its subject matter or formation (including non-contractual disputes or claims).13. Force Majeure
14.1 A party will not be liable for any failure or delay in performing its obligations under this Terms to the extent that this failure is the result of any cause or circumstance beyond the reasonable control of that party. If by reason of force majeure a party is unable to perform all or any part of its obligations under this Terms for a continuous period of 20 working days, the other party may terminate Publishing of Boat Information immediately by written notice.
14.1 Nothing in this Terms, accepted by the Client by filling Form, will be deemed to create a partnership or joint venture between the parties.
14.2 The Terms constitutes the entire Terms between the parties and supersedes and extinguishes all previous Terms, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not expressly set out in the Agreement.
14.3. Publisher may modify these Terms and Conditions at any time and without liability by posting an updated version on its website: www.nauticat.com