TERMS & CONDITIONS
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1. General
1.1These Terms of use (“Terms”, “Terms & Conditions”) are the terms on which you, the Client, (“user”, “submitter”, “applicant”, “potential client”, “client”, “expert” “referral”, “referred”, “member”) may access the services, products ( “Yachting Experience”) or software, use the websites (“Virtual Marketplace”, “Website”) , such as www.experiential-yachting.com ( Experiential Yachting ), which are operated by Maria Yachting / Experiential Yachting, a Monegasque sole trader company incorporated under the laws of Monaco registered under number 12P07886, having its registered office at 6 Avenue des Citronniers, 98000, Monaco. Maria Yachting/Experiential Yachting is the owner of the brand & concept EXPERIENTIAL YACHTING. (“The Company”, “Company”, “we”, “us”, “our”)
1.2 By using our Website, you confirm that you agree to comply with and to accept these Terms.
1.3 The Terms related to how we process your personal data and our use of cookies are specified with all possible details at our Privacy & Cookies Policy.
1.4 Experiential Yachting is not a party to any direct yacht rental or charter or transport agreement or other transactions between users of the the Website .
1.5 You accept the Terms by actually using the Services and the Website. You understand and agree that your use of the Services and the Website as acceptance of the Terms from that point onward.
1.6 Company reserves the right, at its discretion, to change, modify, add or remove any of the Terms, in whole or in part, at any time. Please check this Website and the Terms periodically for changes. Your use of the Services after such modified Terms are posted will mean that you accept such Terms.
2. Use of the Website
2.1 Experiential Yachting is a concept and a brand. The Website is one of the communication tools to present the brand. Experiential Yachting is not a party to any actual agreement or transaction between the users.
2.2 The company has no control over the accuracy or correctness of the content or information provided. However the reliability of the provided information at the Website is very high as the experiences listed are constantly checked for the accuracy of the information in it and it is one of the key elements of the concept.
3. Insurance
3.1The Company is not a party to any contract for insurance facilitated through any link to a third party insurance provider advertising on the Virtual Marketplace, and is not acting on behalf of any insurer, any broker or agent, any insured or any claimant in any contract for insurance facilitated through such link. Insurance coverage may be provided through a third-party independent insurance producer not affiliated with the Company. The latter has no control over and makes no representations regarding the coverage of any insurance you may purchase from a third-party insurance provider. You acknowledge and agree that Virtual Marketplace assumes no responsibility or liability for any claims or disputes arising from, or related to, a contract for insurance facilitated through such link. You also acknowledge and agree that the Company shall not be included as a party to any such claims or disputes.
4. Limitation of Our Liability
4.1 You agree not to use the Website or any of its information (fully or partly) for any commercial, business or resale purposes, unless you are our official partner, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
4.2 The Website and its content are provided “as is” and, to the maximum extent permitted by law, we exclude all conditions, warranties, representations or other terms, whether express or implied, which may apply to our Website or any content on it.
4.3 We will not be liable to any user for any loss or damage, whether in Separate Agreements, tort (including but not limited to negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the Website. In particular, we will not be liable for any indirect or consequential loss or damage.
5. Affiliated Partners
5.1 To provide the clients with best services and opportunities the Company collaborates with carefully selected affiliated partners. Our Website may contain links to other sites, including via our social media buttons. While we try to link only to sites that share our high standards, we are not responsible for the content, security, or privacy practices employed by other sites and a link does not constitute an endorsement of the content, viewpoint, accuracy, opinions, policies, products, services, or accessibility of that website. Once you link to another website from our Website you are subject to the terms and conditions of that website, including, but not limited to, its Internet privacy policy and practices. Please check these policies before you submit any personal data to these websites.
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6. Viruses
6.1 We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Virtual Marketplace. You should use your own virus protection software.
6.2 You must not misuse our Virtual Marketplace by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Virtual Marketplace, the server on which our Virtual Marketplace is stored, or any server, computer or database connected to our Virtual Marketplace. You must not attack our Virtual Marketplace via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence and we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Virtual Marketplace will cease immediately.
7. Use of forms
7.1 The Website may contain various forms, which might need to be filled in to secure best possible service. The terms of data and private information use is explained in all details in Privacy and Cookies Policy. If you have any doubts or questions please contact contact@experiential-yachting.com at any time.
8. Copyright and trademark
8.1 Experiential Yachting is officially registered property of the Company. All content, designs, text, graphics, software compilations, source codes on this Virtual Marketplace are the copyright of the Company.
8.2 Experiential Yachting a conceptual yachting tool. Reproduction of part or all of the contents of Virtual Marketplace in any form is strictly prohibited other than for individual use only and may not be recopied and shared with a third party.
8.3 The Company is the owner or licensee of all the material and all intellectual property rights of part or all of the concept related to EXPERIENTIAL YACHTING, including, without limitation, copyright and trademarks.
9. Applicable Law
9.1 Any disputes or claim arising out of or in relation to these General Terms and Conditions or in the relationship between the users and the Company, it should be first trying to be resolved amicably between the parties. If the disputes cannot be resolved amicably within 30 days it shall be settle in accordance to what provided for by current Terms & Conditions and Privacy & Cookies Policy and also Separate Agreements, if any.
9.2 Any dispute or claim arising out of or in relation to Terms & Conditions and Privacy & Cookies Policy and also separate agreements, if any(including non-contractual disputes or claims) or their subject matter shall be governed by the laws of Monaco or laws of England and you agree that the Courts of Monaco and Courts of England and Wales will have exclusive jurisdiction to hear any such disputes or claims.