TERMS AND CONDITIONS
The terms and conditions of the website www.go4boats.com apply to all users of this portal. The advertiser accepts T&C each time at the stage of accepting an announcement. Lack of acceptance of the regulations means lack of possibility to add an ad.
Introduction
You are on the nautical and watercraft classifieds website www.go4boats.com (the “Portal or “Website”). The terms and conditions that apply to your access and use of this website and our use of any content you submit to this website are set out below. By using this website and/or submitting content to us, you accept and agree to all the terms and conditions set out in these Terms of Use, which constitute a legally binding agreement between you and the owner of the Website.
You are responsible for protecting the confidentiality of your password used in connection with your use of this website. Please read our privacy policy and terms and conditions applicable to our data collection and use practices.
The website owner reserves the right to immediately terminate the contract with any Advertiser who fails to comply with the Terms and Conditions.
These Terms and Conditions were originally drawn up in English and this version is the primary language to which you must always refer.
Basic definitions
Advertisement – an ad made by the Advertiser and under his/her legal responsibility, containing factual content and concerning the sale of an Advertisement of a strictly defined category, placed on www.go4boats.com.
Advertiser – a natural person over 18 years of age with full legal capacity, but also a legal person and an organisational unit without legal personality, but able to enter into obligations and acquire rights on its own behalf, which on the basis of the Regulations entered into an agreement with New Perspectives for publication of an Advertisement on the advertising portal www.go4boats.com and makes use of services provided under this agreement.
Advertiser Account – an individual account created on the website www.go4boats.com by and on behalf of an Advertiser, allowing the uploading of advertisements with logging into the account and use of the portal. It contains the resources and rights assigned to the User who made the Registration, i.e. among others: order history. Access to the Account shall be provided by the individual e-mail address and password given by the Advertiser.
Expiry of an Advertisement – a situation in which the Subject of the Advertisement has been sold or the User has changed the Advertisement in such a way that it indicates that it concerns a different Subject of the Advertisement than the one to which it originally referred, or the User himself terminates the Advertisement by deleting it, or the Service owner deletes the Advertisement due to a violation of Regulations by the Advertiser. The fee charged for the publication of a given Advertisement and the related Advertisement Promotion Services for the unused period shall not be refunded.
Object of Advertisement – a single motor boat or sailing yacht, ship, watercraft, catamaran, kayak, dinghy, single nautical item, single nautical accessory, or any other product, which at the decision of New Perspectives may be the subject of an Advertisement on the portal www.go4boats.com. The Portal reserves the right to remove any advertisement concerning the incompatibility of the product with the category of watercraft. The Portal in no way mediates in the transaction concerning the subject of the advertisement, nor does it bear responsibility for its process.
Order with Account login – the process of purchase by a registered user of a chosen tariff plan specified in the order form. It requires acceptance of the Regulations and payment of the order in advance.
Portal (Website) – the go4boats.com online classifieds service operated by New Perspectives in the primary English language, available at www.go4boats.com.
Price List – includes the fees for Advertisers for the services offered on the functioning portal www.go4boats.com, which the User must pay in order for the agreement to be activated.
Price of the subject of the advertisement – the value of the subject of the advertisement determined by the Advertiser and indicated in EUR. The ad must indicate the actual total price of the subject of the advertisement.
Privacy Policy – a set of regulations concerning processing of data collected by New Perspectives via www.go4boats.com.
Registration – the process of creating an Account by the User.
Service owner – New Perspectives (hereinafter NP) registered in Warsaw, Poland, VAT ID: PL5242393000. Contact information: [email protected]
Tariff plan – offered on the Website for a specific price, its selection allows the User to place a predetermined number of Advertisements for a predetermined period of time, with strictly specified topics and under the conditions described in the Regulations of the Website.
Terms and Conditions – this set of rules applicable to all Portal Users, governing the use of go4boats.com portal. It is an integral part of the agreement concluded by the Service with the Advertiser.
User Content – ads, reviews, opinions, data, materials or other entries posted via www.go4boats.com.
User – an adult natural person, as well as a legal person and an organizational unit. Both the advertiser having a registered account, as well as a person or entity without a user account, but being only a recipient of the content posted on the Portal and/or using the resources of the www.go4boats.com website.
Rules of account registration and use of the portal
- In order to place advertisements on the www.go4boats.com platform, the User shall register an account. An account shall enable the User, inter alia, to manage the services provided on www.go4boats.com, as well as to order promotion services for advertisements.
- Registration involves the creation and activation of an individual Account by completing the registration form available on the website www.go4boats.com, in which the Advertiser provides their data, reads the Regulations and its annexes and accepts their provisions, as well as agrees to subscribe to the newsletter. The Advertiser can then use the account after logging in by providing the email address and individual password provided during the Registration process.
- The account contains the data provided by the Advertiser in the registration form and allows viewing and editing of approved advertisements. The Advertiser is obliged to immediately update the data provided during the registration process and shall be held responsible for providing incomplete, outdated or false data or failing to update it. The Advertiser declares that the data provided in the registration form is true and does not violate the rights of third parties.
- The advertiser can only have one account per e-mail address. The advertiser shall not use the accounts of other users and shall not allow others to use the account, including the individual password to access the account. Only the User whose details were provided during the registration is authorised to use the individual Account.
Advertiser payments
- Services provided within the go4boats.com for advertisers are payable.
- For services rendered within the Portal a proof of sale in the form of a VAT invoice is sent.
- In the case of an invoice to an advertiser that needs to be corrected as a result of: price reductions granted after the sale, payment returned to the purchaser, if it has not occurred; a mistake in the amount of tax on the invoice go4boats.com will issue a corrective VAT invoice to the advertiser.
- Where such a reduction is the result of a successful complaint, this information will be included in go4boats.com response to the complaint.
- Sending information about the reduction of price or VAT amount does not require acceptance and means that the conditions of this reduction are fulfilled.
Rules for posting the ads
- The Advertiser is responsible for all content published by him and at the same time declares and warrants that the content is in accordance with the facts and commonly applicable law and its publication does not violate the Regulations, including New Perspectives rights and rights of third parties, including copyrights. New Perspectives bears no responsibility for authenticity, reliability and compliance with law of the content published by advertisers.
- By placing an advertisement the Advertiser confirms that he/she is legally entitled to sell the subject of the advertisement, and that he/she has read and accepted the terms and conditions, and that have the right to use the photos in this advertisement, and that he/she has not concealed any key information and has provided it to the best of his/her knowledge.
- It is unacceptable to add Ads that are not related to nautical, watercrafts and vessels.
- The Advertiser places an Advertisement on the www.go4boats.com website and determines its individual content. The content of the advertisement must be factually and legally accurate.
- In order to upload an Advertisement on www.go4boats.com, the Advertiser must:
- complete the form available on the Website by filling in at least the compulsory fields,
- accept the Regulations,
- activate the Advertisement by making a payment of the full amount thru the ways available on the Website, i.e. online bank transfer, credit card and/or payment card.
- After completing all the above steps by the Advertiser, the owner of the Portal sends an e-mail to the address indicated on the form, in which he confirms the acceptance of the order of emission of the Advertisement.
- The activation of the Advertisement follows payment of the order and its publication on www.go4boats.com commences immediately, no later than within 24 hours from the activation of the Advertisement.
- The conclusion of the contract by the Advertiser for the broadcast of the Advertisement occurs upon receipt by the Advertiser of a message sent by go4boats.com confirming the launch of the service.
- During the period of emission of an Advertisement, the Advertiser has access to an administrative panel allowing editing of the Advertisement, i.e. to change its content in the edit fields, as well as to extend the duration of the emission of the Advertisement.
- Only valid advertisements are published on www.go4boats.com.
- The duration of the emission of an Advertisement on www.go4boats.com is at least 30 days, depending on the plan selected by the Advertiser, but no longer than until the expiry of the Advertisement.
- The plan selected by the Advertiser shall expire upon the expiry of the last day of the period for which the Advertisement was purchased or upon earlier expiry of the Advertisement.
- New Perspectives shall be entitled to terminate the Advertisement in the event of a reasonable determination that an expiration has occurred or if the Advertiser has violated the terms of service.
- In the event of early termination of an Advertisement due to deletion by the Advertiser or in the event that the Subject of the Advertisement has been disposed of or the Advertiser has altered the Subject of the Advertisement in such a way as to indicate that it relates to a different subject from that to which the Advertisement originally referred, the fee charged for the publication of the Advertisement and the associated Advertisement Promotion Services for the unused period will not be refunded.
- Upon publication of the copyrighted content in the Advertisement, the Advertiser consents to its free-of-charge, unlimited in time and territory distribution on websites belonging to New Perspectives, as well as on partner websites with which New Perspectives cooperates, within the scope of:
- recording on any media,
- introduction into computer memory,
- public display and playback,
- use in various formats with the right to incorporate them in whole or in part in other works and create derivative works.
Subject of the ad
- An Advertisement must relate to the sale of only one Subject of the Advertisement. During the publication of the Advertisement, the Advertiser may not change the Subject of the Advertisement to another.
- The Advertisement must indicate the actual total price of the Subject of the Advertisement. The Advertiser may indicate the net price if he indicates in the form of the Advertisement that the indicated price is a net price. The “price” field in the form must not reflect the amount of the instalment, the redemption price or the value of the deposit in the case of leasing contracts. The Advertiser should include in the advertisement the necessity to incur additional fees necessary in connection with the acquisition of the Subject of the Advertisement.
- The advertisement shall indicate the correct category of the Advertisement and contain only information that is relevant to the promotion of the Advertisement.
- The photos and videos added by the Advertiser with regard to the Subject of the Advertisement shall only include the Subject of the Advertisement to which the Advertisement relates. The photos and video content added by the Advertiser must not include email and website addresses, telephone numbers, etc.
- Within the content of the Advertisement, the Advertiser may include a link to a video recording on the YouTube website under the conditions of use set out on youtube.com. This recording may only relate to a presentation of the offered subject of the Advertisement.
- Through the advertising form, the Advertiser may attach to the Advertisement up to 40 photos of the Advertisement in the format specified on the Website.
- Advertisers may additionally promote their Advertisements by activating on the website www.go4boats.com a paid service for additional promotion of the Advertisement, for a strictly limited period of time and at a pre-determined price, provided that the service was made available by the Portal.
Duration and termination of the contract
- The provision of services under the www.go4boats.com website is of unlimited duration, however either of the Parties (New Perspectives or the Advertiser) may terminate the agreement at any time with one month’s notice. In order to terminate the agreement, the Advertiser should send an appropriate statement to the e-mail address: [email protected].
- New Perspectives reserves the right to immediately terminate the agreement with the Advertiser who does not comply with the provisions of the Regulations.
- If the agreement has been terminated by New Perspectives, the Advertiser may not re-register on www.go4boats.com without the prior, separate and express consent of New Perspectives.
User responsibility
- In the event that the actions of the User violate the provisions of the Regulations, the owner may give the User a warning via email, suspend for a limited or indefinite period of time the advertisement or the functionality of the Account in whole or in part, make the registration of the Advertiser’s Account on the Service dependent on prior written consent of go4boats.com
- com allowing the display of Announcements reserves the right to modify them to the extent necessary and change the chosen category of the Advertisement in case of non-compliance of the Advertisement with the Terms of Service. go4boats.com will inform the Advertiser immediately.
- You indemnify and hold go4boats.com harmless from and against any and all claims, costs, demands, losses, damages and expenses relating to your breach of these Terms and Conditions or any matter for which you are responsible under the terms of these Terms and Conditions; and any third party claims in respect of our use of User Content that you have posted on this site or submitted to us, including infringement of copyright, trademark, trade secret, patent, proprietary or other claims.
Infringement of the Rules of T&C
- It is an infringement of the Regulations, inter alia, if an Advertisement contains information about an intention to buy or swap (instead of selling), or significantly underestimates the value of the subject of the Advertisement, if the Advertisement pertains to more than one subject of the Advertisement, if it is displayed in the wrong category or if it contains misleading information.
- Content that is commonly regarded as offensive and/or vulgar, bearing the hallmarks of acts of unfair competition, violating decency, infringing copyright or other intellectual property rights, harming go4boats.com or other entities, links or logos pointing to other websites other than www.go4boats.com are also considered violations of the Regulations.
- It is an infringement of the Terms of Use to place advertisements having the character of auctions or auctions of the subject of the advertisement and to add photographs containing products and services other than those that are the subject of the advertisement. The above actions may result in suspension of accounts and/or termination of the agreement.
Website responsibility
- This Portal may be change and we may for good reason restrict access to, discontinue or suspend the Portal or any part of it at any time.
- We reserve the right to refuse service, remove content, terminate accounts and/or cancel orders if we determine that your and/or the Advertiser’s conduct violates applicable law or is detrimental to the interests of go4boats.com or other Users, advertisers, affiliates, licensors or licensees.
- You acknowledge that there may be delays, omissions, interruptions, inaccuracies and/or other problems with the information and services available through this Portal. go4boats.com does not warrant that this Service will be uninterrupted or error-free; nor do we make any warranty as to the results that may be obtained from the use of this Site or as to the accuracy, reliability or completeness of the content or any information, products or services provided or made available through this Site.
- The website is not responsible for the non-performance or improper performance by the Advertiser of the agreements concluded in connection with the Advertisement, as well as for the consequences of actions taken by the Advertiser and third parties in violation of the provisions of the Regulations.
- The Service is not responsible for the technical condition, safety or legality of the offered Advertisement Items, the authenticity and reliability of the information provided by the Advertiser in the Advertisement, as well as for the ability of sellers and buyers to complete the transaction.
- If you rely on any information, products or services available through this site, you expressly agree that you do so solely at your own risk. You understand that you are solely responsible for any damage or loss that you may incur as a result of using any information, products or services.
- The service is not responsible for the correctness and/or interruption of the go4boats.com website due to technical reasons on the part of the user.
- Moreover, go4boats.com portal is not responsible for:
- statements made by the User to the other party of the transaction,
- implementation of obligations resulting from warranties and guarantees concerning the subject of the Advertisement,
- lack of interest in the subject of the Advertisement,
- operation of information and communication systems or devices independent of go4boats.com,
- content of external sources to which the content of the Advertisement published by the Advertiser refers,
- force majeure.
Right to complain
- The User has the right to submit complaints in the event of non-performance or improper performance of services provided by the www.go4boats.com website, as well as in connection with the use of the resources of the www.go4boats.com website.
- Complaints should be submitted via e-mail to the address: [email protected] or by registered letter to the owner’s address.
- The complaint should include the data of the User (name, surname, mailing address, e-mail address and telephone number), the number of the Advertisement to which the complaint pertains (if the number was assigned), or other data allowing identification of the Advertisement, as well as the circumstances justifying the complaint.
- Complaints will be considered immediately, but no later than within 14 days of receipt of the complete information.
- If the data given in the complaint need to be supplemented go4boats.com will immediately ask the User to indicate additional information within a specified time.
- The User will be informed about the resolution of the complaint via email to the email address indicated in the complaint or to the correspondence address held by go4boats.com
Content published on the Portal
- This Portal may contain links or references to third party sites that we do not operate. Any such links to third party websites are provided solely as a convenience to users of this Portal. The Service disclaims any liability in connection with access to such websites, and you use and access such websites linked to this Website at your own risk. In addition, New Perspectives is not responsible for the content of any third party sites and is not liable for any damages arising from such content or access to such third party sites.
- We may make services available on this Website, such as email services, blogging services, communication tools, forums and other public posting areas. We do not guarantee the accuracy of any posting, whether it comes from a regular user or an expert.
- We reserve the right to review the content of this Website, including blogs, bulletin boards, forums, and other User Content posted on this Website to determine compliance with these Terms of Service and any other rules established by us, and to comply with any requirements or laws. We have the right, in our sole discretion, to remove, move, refuse to post and/or edit any messages, posts, postings or other User Content that we deem unacceptable or inappropriate, whether for legal or other reasons.
- By using this Portal, you agree not to publish, upload or transmit to New Perspectives any content or information that violates in any way the rights of others, is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights is vulgar, obscene, profane, misleading or otherwise objectionable, encourages conduct that would violate any law, or, without our express prior consent, contains advertising or any solicitation for the purchase of products or services other than those advertised.
- As part of the services available at www.go4boats.com, the Advertiser agrees to publish advertisements in other websites belonging to New Perspectives, as well as in other media such as press, television, the Internet and banners and billboards. At the same time, the Portal may place a watermark on photographs depicting the subject of the Advertisement, including the go4boats.com name, in order to protect the said photograph from unauthorized use by third parties.
Copyright and intellectual property
- All materials, including graphic elements, layout and composition of these elements, trademarks and other information, available on www.go4boats.com are subject to the rights of go4boats.com or advertisers or entities that provided these rights. These elements are subject to copyright, industrial property rights, including rights resulting from registration of trademarks, database rights and other intellectual property rights.
- This website and all content displayed on this website and all software, data and information used to operate this website, including text and images, display and presentation, source code, procedures and programs used and other materials are the property of New Perspectives, Announcers, licensors or licensees and are protected under worldwide patents, copyrights, trademarks and other applicable laws and treaties, including applicable trade secret laws.
- New Perspectives respects the rights of all copyright holders and has therefore adopted and implemented a policy that provides for the removal of content from this Site under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us immediately at the following email address: [email protected]
- We grant you a limited and non-exclusive right and licence to access or download a single copy of the content on this Portal solely for your personal and non-commercial use and to the extent necessary to use the services available through this Portal.
- We make available the material available through this Portal for informational purposes only. You may use the content, consumer opinions, data and materials, and products and services available through this Website solely for your personal and non-commercial use.
- You are solely responsible for any damage resulting from any infringement of copyright, trademark or other proprietary right, or any other damage resulting from User Content submitted by you on or through this Portal
- You also permit any other User of this Website to access, view, store or reproduce User Content for that User’s personal use, which use may include disclosure to third parties. By posting or transmitting such User Content, you hereby waive any claim that go4boats.com has misappropriated such User Content or any portion thereof.
- Except as expressly permitted herein, you may not modify, distribute, reproduce, or exploit this website or any of its elements. You may not copy or reproduce in any form, in whole or in part, without our prior express written consent, any content of the programming code, images or graphics contained in this Website.
- You may not use any meta tags or other hidden text utilizing names or trademarks contained on go4boats.com, without express written permission. You may not decompile or reverse engineer or otherwise attempt to discover the source code contained in this portal.
- You are expressly prohibited from using automated means (including scrapers, deep-linkers, crawlers, data mining or extraction tools, etc.) or algorithms, manual processes, devices to monitor, copy, access any data from the Site. A limited exception to the above restrictions is provided for general purpose search engines and non-commercial public archives, provided that each does so from a stable IP address or range of IP addresses using an easily identifiable agent and complies with the portal rules.
- All rights not expressly stated in these Terms are reserved to New Perspectives and you acknowledge that you do not acquire any proprietary rights by accessing or downloading any material from this Service, whether copyrighted or not.
Privacy and Confidentiality
- New Perspectives collects and processes personal data provided by Users in accordance with the applicable provisions of European Union law and in accordance with the Privacy Policy, the content of which is a separate document available on the Site.
- Personal data of other Users are disclosed to Users only in cases provided for in the Regulations and in other justified cases with prior consent of the data subject.
- Users should themselves archive information on the content of Advertisements, as well as on contracts concluded within the Service www.go4boats.com.
- We have implemented physical, electronic and managerial procedures to safeguard and help prevent unauthorised access and maintain the security of the data we collect online. However, while we make reasonable efforts to ensure the confidentiality of private and personal information available as a result of your use of this Service, we cannot guarantee the complete security of confidential data online.
Amendments to the Regulations
- We reserve the right to amend these provisions of the Terms and Conditions (including the Privacy Policy), if we deem it appropriate, by publishing such amendments on this Portal. The Service will inform Advertisers of the changes and their effective dates on the website www.go4boats.com and/or by email.
- Amendments to the Regulations and the Price List shall come into effect immediately upon publication on the Website, unless otherwise stated. Services activated by Advertisers prior to the entry into force of the amendments to the Regulations shall be provided under the existing conditions.
- Continued use of this Portal and/or submission of User Content to us after such changes have taken effect shall be deemed to constitute agreement and acceptance of such changes.
- In the event that the Advertiser does not accept the changes to the Terms and Conditions, the Advertiser should send an appropriate statement to the email address: [email protected], which will result in immediate termination of the contract with the owner of the site, provided that the contract will terminate at the end of the period of emission of all existing Advertisements.
Final provisions
- These Terms of Use are governed by the laws of the European Union. You hereby consent to the exclusive jurisdiction and venue of the court located in the place of business registration of the owner of www.go4boats.com for any dispute arising out of or relating to these Terms and Conditions, your use of this Website or the information, products or services available through this Website, or our use of User Content that you post on this Website or submit to us.
- The use of this Website or the information, products or services available through this Website is not permitted in any jurisdiction that does not give effect to all provisions of these Terms of Use.
- You agree that all notices and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- You will only use this Site and the information, products and services available through it for lawful purposes. Any action by you that, in our judgment and discretion, restricts or impairs any other person’s use of this Site or the information, products and services available through this Site will not be permitted.
- You agree that you will not post content about boats or other vessels located in any region that is subject to economic sanctions imposed by the European Union or that involves any person or entity listed as restricted under European Union laws or other applicable economic or trade sanctions or export control laws of the EU. Any infringing posts may be removed by the site owner.
- If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be unenforceable, all other terms and conditions will remain in full force and effect.
- The failure of NP to enforce any provision of these Terms and Conditions shall not be deemed a waiver of any future enforcement of that or any other provision of these Terms and Conditions.
- Consumers have the option of using an out-of-court complaint and redress procedure. Consumers also have the possibility to use the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/