1 General Terms of Digital Media Use
By using our Digital Media, you confirm that you accept these Terms and that you agree to comply with them.
2 Information About Us
The Digital Media are operated by Ahoy Club Limited (“Ahoy“, “we“, “us“, “our“). We are registered in England and Wales with company number 09733092 and our postal address is 27 Old Gloucester Street, London, England, WC1N 3AX.
3 Accessing Our Digital Media
3.1 You may only access our Digital Media if you are 18 or older. By accessing our Digital Media you warrant and represent to us that you are 18 or older.
3.2 Our Digital Media are made available free of charge for your non-commercial use only. You are responsible for making all arrangements necessary for you to have access to our Digital Media.
3.3 We do not guarantee that our Digital Media, or any content on it, will always be available or be uninterrupted. Access to our Digital Media is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of our Digital Media without notice or liability to you or any third party. We will not be liable to you or a third party if for any reason our Digital Media are unavailable at any time or for any period.
3.4 You are also responsible for ensuring that all persons who access our Digital Media through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
4 Uploading Content to Our Digital Media
4.1 Where the Digital Media allows, such as via a listing, listing review, blog, bulletin board or chat function (its “interactive services“), you are able to post your own content on the Digital Media including comments, pictures and videos (“user content“).
4.2 Whenever you make use of a feature that allows you to upload user content to our Digital Media, or to make contact with other users of our Digital Media, you must comply with our Acceptable Use Standards (as defined at paragraph 5.6 below). You undertake that any user content you submit complies with those standards and you will be liable for any loss or damage we suffer as a result of your breach of this obligation.
4.3 Any user content you transmit or post on our Digital Media shall be considered non-confidential and non-proprietary and we shall have no obligations with respect to such material. When you transmit or post user content on our Digital Media, you grant us and our assignees a worldwide, non-exclusive, royalty free transferable and sub-licensable licence to copy, disclose, modify, prepare derivative works of, distribute, incorporate and otherwise use (or not use, as the case may be) such user content and all data, images, sounds, text and other things embodied therein for any and all non-commercial or commercial purposes (including but not limited to advertising, promotion and sale). We also have the right to disclose your identity to any third party, including where a third party is claiming that any user content posted or uploaded by you to our Digital Media constitutes a violation of their intellectual property rights, or of their right to privacy.
4.4 The views expressed by other users on our Digital Media do not represent our views or values and we will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Digital Media.
4.5 We have the right to remove any posting you make on our Digital Media if, in our opinion, your post does not comply with our Acceptable Use Standards (as defined at paragraph 5.6 below).
5 Acceptable Use Standards
5.1 We will do our best to assess any possible risks for users from third parties when they use any interactive services provided on our Digital Media. However, we are under no obligation to oversee, monitor or moderate any interactive services we provide on our Digital Media and the user content posted on it, and we expressly exclude our liability for any loss or damage arising from the use of any of the Digital Media, our interactive services or the viewing of any user content. You should take appropriate precautions in your use of our interactive services (including (without limitation) limiting the disclosure of your personal information to any other person).
5.2 When using our interactive services and posting user content you must comply with the spirit of the following standards, which apply to each part of any contribution as we’ll as to its whole. You are solely responsible for your user content on the Digital Media.
5.3 User content must be accurate, complete and up-to-date (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in England and Wales and in any country from which they are posted.
5.4 User content must not:
5.4.1 contain any material which is defamatory of any person, be likely to deceive any person, or be used to impersonate any person, or to misrepresent the identity or affiliation with any person;
5.4.2 contain any material which is obscene, offensive, hateful or inflammatory or contain or promote any sexually explicit or violent material, or promote any illegal activity;
5.4.3 promote discrimination, be threatening or abusive, or invade another’s privacy, cause annoyance, inconvenience or needless anxiety, or be likely to harass, upset, embarrass, alarm or annoy any other person;
5.4.4 infringe any copyright, database right, trade mark or any other intellectual property right of Ahoy or any other person or be made in breach of any legal duty owed to Ahoy or a third party, such as a contractual duty or a duty of confidence (or promote, advocate or assist any such behaviour);
5.4.5 give the impression that it emanates from, is approved or endorsed by or is in any way linked to us, if this is not the case;
5.4.6 create a false or inaccurate impression or mislead any other person; or
5.4.7 contain information about any other person (including (without limitation) name, address, credit or debit card details, videos or photographs) if that person has not given you their specific and informed consent to the use of their information in the way you have used it.
5.5 In your use of the Digital Media, you shall not:
5.5.2 copy, store, use or access any content on the Digital Media (including information about other users) except as permitted by these Terms; or
5.5.3 use the Digital Media to complete the booking of any charter or associated services other than through the Digital Media.
5.6 Your obligations at paragraphs 5.2 to 5.5 inclusive are together referred to in these Terms as the “Acceptable Use Standards“.
5.7 We will determine, in our discretion, whether there has been a breach of our Acceptable Use Standards through your use of our Digital Media and we may take such action as we deem appropriate.
5.8 Failure to comply with the Acceptable Use Standards constitutes a material breach of these Terms and may result in our taking all or any of the following actions:
5.8.1 immediate, temporary or permanent withdrawal of your right to use our Digital Media;
5.8.2 immediate, temporary or permanent removal of any posting or material uploaded by you to our Digital Media and disclosure of such information to law enforcement authorities as we reasonably feel is necessary; and
5.8.3 legal proceedings against you for reimbursement of all costs and damages (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
5.9 The responses described above are not limited, and we may take any other action we reasonably deem appropriate. We exclude liability for actions taken in response to breaches of the Acceptable Use Standards.
6 Intellectual Property Rights
The Digital Media and all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices and links contained in it or linked to it (“our content“) are protected by copyright, trademarks and other intellectual property rights owned by us or licensed to us. Anyone accessing the Digital Media is entitled to view any part of it and use it for private non-commercial purposes. However, our content must not be used nor reproduced (in whole or part) for any other purpose, including on or in connection with another website, mobile software application or publication or for commercial gain, without first obtaining a licence to do so from us.
7.1 We do not guarantee that our Digital Media 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 Digital Media. You should use your own virus protection software.
7.2 You must not misuse our Digital Media 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 Digital Media, the server on which our Digital Media is stored, or any server, computer or database connected to our Digital Media. You must not attack our Digital Media 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 Digital Media will cease immediately.
8 Limitation of Our Liability
8.1 You agree not to use the Digital Media for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.2 The Digital Media 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 Digital Media or any content on it.
8.3 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any liability that cannot be excluded or limited by law.
8.4 We will not be liable to any user for any loss or damage, whether in contract, 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, our Digital Media, or use of or reliance on any content displayed on our Digital Media. In particular, we will not be liable for any indirect or consequential loss or damage.
9 Linking to Our Digital Media
If you wish to make any use of any content on our Digital Media other than that set out above or establish a link to our home page in any way, please contact us via the contact information provided below.
10 Third Party Links and Resources in Our Digital Media
11 Registering to Use Our Service
11.1 You may register to use our charter listing and booking services through the Digital Media. You will not be able to list or book a charter on our Digital Media without first registering to use our services. If you register to book a charter through our services, you are entering into a contract with us and the Ahoy Service Terms for Charterers will apply to you and us. If you register to list a charter through our services, you are entering into a contract with us and the Ahoy Service Terms for Owners will apply to you and us.
11.2 We will create an account for you on the basis of the information you provide to us as part of the registration process. You agree to provide us with accurate, complete and up-to-date information when you register to use our services and to keep your information accurate, complete and up-to-date. If we reasonably believe that any information you have provided to us during the registration process is inaccurate, incomplete or out-of-date we may suspend or terminate your use of our services and Digital Media immediately without any liability to you or any third party.
11.3 You may terminate your registration with us and your use of our services at any time in accordance with the Ahoy Service Terms for Charterers or Ahoy Service Terms for Owners (as applicable).
12 Applicable Law
13.1 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with these Terms. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.2 Each of the provisions set out in these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.
14 Changes to These Terms
We may amend these Terms at any time by posting the amended terms on the Digital Media. All amended terms will automatically take effect immediately on posting. Please check these Terms periodically to inform yourself of any changes which are binding on you.
15 The Ahoy Club referral programme “Refer and Earn”
[includes any other Ahoy Club referral programmes they may be run from time to time].
Ahoy Club reserves the right in its absolute discretion to pay to any approved participants a fee or commission for a referral which results in a valid charter. [T&C apply]
15.1 Approved participants do not include employees past or present or from related entities of Ahoy Club.
15.2 Referral codes and are not valid for existing Clients of Ahoy Club.
15.3 Only one referral code can be used per charter.
15.4 Ahoy Club reserves the right to change the conditions or cancel the referral programme at any time without notice.
15.5 The amount redeemed for rewards cannot exceed 10% of the charter fee.