MooringSpot General Terms and Conditions

GENERAL TERMS & CONDITIONS FOR THE USE OF MOORINGSPOT SERVICES


 
The MooringSpot Internet Site (the « Site ») is an Internet platform belonging to Marinanow s.r.l. with registered office in Sardinia, Italy at via della Marina 11/A, Porto Cervo, 07020 (the « Company ») accessible at the URL address www.mooringspot.com and related domains, providing services for connecting people wishing to transfer rights and obligations relating to the use of boat/yacht berths or moorings as well as storage in an area of a port or marina, whether it concerns the rental of mooring locations or the acquisition of shares in private or public enterprises, and in the latter case, in the form of a licence or a concession (contracted with chambers of commerce and industry, mixed economy companies, yacht clubs, associations, etc.), and people wishing to acquire them (hereinafter referred to as the « Right of Use »).
 
To this end, the Site provides the previously registered user (« User ») with a certain number of services, some of them accessible free of charge, and others which are optional and for a fee.
 
All Users using the Site's Services must first of all read and accept these general conditions of use which they agree to abide by without any reservation. These general conditions of use are consequently a contractual agreement between the User and the Company (hereinafter called « The Contract »).
 
These general conditions of use are permanently available on the Site. The Company reserves the right to modify them at any time and to submit the amended version to Users for their acceptance.
 
Access to certain services of the Site and their use are, furthermore, subject to specific conditions of use as per the related application form (« Application form »), as well as other conditions of use, such as compliance with a charter of good conduct, which apply to Users depending on their category. These particular conditions are an integral part of this contract (hereinafter referred to as the « Contractual Documents »).
 
All Users undertake to comply with the conditions and rules stipulated in the Contractual Documents. If the User fails to comply, he must refrain from accessing the Site and his access may be denied or withdrawn by the Company.
 
I. Definitions
 
The definitions below have the following meanings:
 
  1. Advertiser: the individual or legal entity or an agent of one of these registered on the Site for the purpose of transferring, for a fee, the Right of Use, and for contacting a purchaser whose offer to acquire this Right of Use corresponds to the conditions of transfer laid down by the Advertiser.
  2. Member: the individual or legal entity or a representative of one of these who is registered on the Site to access the full description of the advertisements appearing on it, to submit an offer to acquire the Right of Use and to contact the Advertiser concerned or the latter's agent.
  3. Partner: the individual or legal entity that professionally acts as berth broker or agent and who has adhered to the « Code of Ethics of Berth Brokers and Agents », whose skills have been recognised by a port referenced on the Site, and who has adhered to the Specific Partnership Conditions and applied for Partner Subscription.
  4. Transfer or sale of the Right of Use: this is the transfer of rights and obligations for a fee:
    • either allowing a right for berthing or anchorage in an area of the marina usually shown on a plan, which is not assigned as private  – and therefore subject to variation – relating to one or several determined spots, and subject to previous acceptance by the authorities concerned. As these rights and obligations may be of different kinds depending on the port and/or the countries concerned, they generally relate to a lease contract signed with the public authority granting the concession (the State or a public body to which the State has delegated its prerogatives of concession granting authority), which remains sole owner of the port facilities. There may not be freehold or rental rights to a port berth;
    • or allowing berthing or anchorage rights in an area of port under management;- or allowing storage rights in an area of the marina or dry dock;
    • or allowing a lease or sublease, a concession or a sub concession for mooring or anchorage within the areas of the marina.
 
II. Access to Services and Registration
 
1. Registration by Users
 
The Services offered by the Site are only accessible to previously registered Users who have completed the registration form provided and accessible online on the Site (hereinafter referred to as « the Registration form »), and who accept without reservation these general conditions of use and the set of Contractual Documents applying to their category, defined hereinafter in points a) to c).
 
Registration is only open to individuals (who have reached the age of majority and are of sound mind) or legal entities (regularly constituted, duly authorised if necessary, which are not undergoing bankruptcy proceedings and which are duly represented by an authorised person).
 
a) Advertisers
 
The Advertiser certifies, by accepting these documents:
  • to be personally the owner of the Right of Use;
  • that this ownership is not contentious and is not subject to a dispute of any kind, nor to debt nor to arrears of any kind;
  • that he/she has legitimacy and has all the necessary rights to use the Site, to publish online an advertisement concerning the berth considered, and to conclude an agreement concerning the conditions for the transfer of rights relating to the said berth.
The Advertiser or his agent undertakes to use the Site in good faith and to comply fully with his obligations as laid down in the Contractual documents applying to his category.
 
b) Members
 
The Member declares that:
  • he is interested in the acquisition of the Right of Use  ;
  • more particularly, the Member undertakes to respond to the advertisements published on the Site and to make offers in response in good faith, after making sure that he has the resources, especially the financial and legal resources, to do so.
The Member undertakes to use the Site in good faith and to comply fully with his obligations as laid down in the Contractual documents applying to his category.
 
c) Partners
 
The Partner undertakes to use the Site in good faith and comply fully with his obligations as laid down in the Contractual documents applying to his category.
 
2. User Account Security
 
To access the Services, the User must choose a user name/login and password. This data, which the User may change at any time, is strictly personal and confidential and is under the full responsibility of the User.
 
The User is solely responsible for the use which may be made of his user name/login, password and, more generally, his account. The User shall immediately notify the Company of all non-authorised usage of his account by using the Contact form.
 
If the Company has information suggesting that non-authorised usage could be made of the User's means of identification or his account, the Company shall be entitled, as a precautionary measure, to suspend the account while waiting for the situation to be rectified, for the elimination of any doubt or for the changing of the means of identification by the User.
 
The User undertakes to indemnify the Company for all loss or damage resulting from the use of his account, his means of identification or the Services by non-authorised third parties, if this use results from the fault, carelessness or, more generally, failure by the User to comply with the provisions of this article.
 
3. Information provided by the User
 
The User assures the Company of the truthfulness and accuracy of the information he makes use of or publishes on the site, through the Registration form or any other means. The User similarly guarantees to the Company that the information and the photographs or images shown on the Site are free of intellectual property rights and do not infringe the rights of any other party. The User further undertakes to ensure that this information is complete and kept up to date.
 
4. Verification of information
 
The Company shall be entitled to check the information provided or given by the User on the Site, through the Registration form or by any other means and the User acknowledges and accepts this without reservation. The Company shall be especially entitled to check the identity of the User, his professional capacity, the genuineness of his mandate or his rights with regard to the port berth(s) concerned, etc.
 
Should the owner of the Right of Use appoint multiple moral or physical entities to represent him or her, the first entity to advertise the Right of Use on the Site is the only one able to advertise the Right of Use on the Site, unless:
  • The owner of the Right of Use cancels the mandate granted to this entity
  • The owner of the Right of Use specifically designates another entity to advertise on the Site.
Should the User provide incorrect, inaccurate, outdated or incomplete information, the Company reserves the right to suspend or terminate the Contract and to refuse access in future to all or part of the Service, and, in the case of damage caused by this person, to invoke the latter's liability.
 
5. Obligations and Liability of the User
 
In addition to the obligations arising from the conditions for access to the Site's services, the User undertakes under his own responsibility:
 
  • Not to reproduce, publish, transfer (whether against payment or free of charge) all or any of the information posted by the Site on his own Internet Site, in his shop windows or showcases or on any other medium without the express, previous authorisation of the Advertisers.
  • Not to use the information provided on the site to meet Purchasers directly, thereby bypassing the procedures provided for by the Site.
  • Not to use the information provided on the site to meet Advertisers directly, thereby bypassing the procedures provided for by the Site.
  • To notify all suspect activity by another user of the Site to the Site Administration.
 
Should these obligations be violated, directly or indirectly, the User undertakes to indemnify the Company for all resulting damage.
 
More generally, the user is responsible for the use he makes of the Site. He guarantees the Company against all claims, whether financial, compensatory, seeking to enforce the contract, or any other claims, whether amicable, arbitral or judicial, which could be presented to the Company or be brought against the Company because of the use the User makes of the Site or the information he uses or publishes on the Site, and especially against all claims or legal actions based on the inaccuracy of the information given regarding the rights he declares to hold, or for any other reasons.
 
The User undertakes to guarantee or to fully reimburse the Company all sums and costs, expenses or penalties which may be caused to the latter by such a claim or for which the latter's liability may be incurred in relation to such a claim.
 
6. The Company's obligations
 
The Company undertakes to provide services in compliance with these Conditions of Use. The Company will in this regard be under an obligation of means, not an obligation of result.
 
The Company cannot be held liable for the usage of the site by a User, and, more particularly, declines all liability regarding the untruthfulness or inaccuracy of the information provided, as well as errors or omissions it might include or overlook.
 
Under no circumstances may the Company be held liable for damages following the use of any of the information given or provided by a Member on or by means of the Site, it being understood and accepted by the User that the truth or accuracy of the information provided by each User is the responsibility of the User publishing the said information on the site under his sole responsibility.
 
Similarly, the Company cannot be held liable for statements made by Users on the Site, for example in the context of forums. The Company undertakes to remove, the first time it is so requested in writing, any message from a User that is against the law.
 
Nor may the liability of the Company be invoked if access to the Site is interrupted due to an external cause or a case of force majeure (e.g.: interruption of the Internet service or any other cause linked to the nature of the Internet and its functioning); similarly, the Company may not be held liable if there is an interruption of access to the Site or to the Services due to maintenance operations, updating or technical improvements, as long as they are notified and do not exceed usual practice in this field.
 
Where appropriate, the Company reserves the right to modify the contents of the Site, to develop them, to rectify any errors which might have slipped in and to do so without notice.
 
Finally, if, by application of the law, the Company's liability can be invoked despite the contract, this can only be within the limit of the amounts paid for access to the Services.
 
Under no circumstances can the Company be held responsible for damage, loss of earnings or operating loss caused by the use or the impossibility of using the Site.
 
7. Definition of the Company's role and the limitation of its liability
 
The Company acts as a service provider between Advertisers, Members, Partners and their respective agents, if applicable, by providing them with a market platform in the form of the www.mooringspot.com Internet site and related domains.
 
Under no circumstances does the Company represent or act as agent for any of these parties, either between them or towards the marina companies concerned, the port authorities, the administration or tax authorities.
 
Users thus retain full liability for their actions and the Company's liability cannot be invoked in this regard.
 
By validating these general conditions of use, Users acknowledge the scope of the Services provided by the Company and accept this limit of liability.
 
Under no circumstances may the Company be held liable for the direct or indirect consequences of actions or obligations contracted by any of the Users.
 
Under no circumstances does Moorinsgpot vouch for the actions or obligations contracted by any of the Users, nor does it guarantee them.
 
8. Paid Services
 
Some Services offered by the Company are subject to a fee. The prices, category by category, are the following:
 
 
 
The use of these charged Services presupposes that the Advertiser or the Partner pays the price of the Services concerned either by credit card or bank transfer before the use of the Services. Access to the Services is virtually simultaneous with the validation of the transaction by credit card.
 
The description, the prices and the methods of payment of the various paid Services are constantly available during the acquisition and use of said Services subscribed to by the Advertiser or the Partner.
 
Prices are indicated in Euros inclusive of VAT (Value Added Tax).
 
The renewal of the Services when they expire is not tacit but subject to a new payment by the User, implying consent to these general conditions of use.
 
Any User may at any time ask the Company to discontinue the paid Services before the expiry date. The sums paid to the Company for the said paid Services will not be refunded in this case; they will be retained by the Company as fixed compensation for premature termination of the contract.
 
9. Intellectual property rights – Reserved rights
 
Copyright
This Internet site (www.mooringspot.com and related domains) is the exclusive property of the Company. In this regard, the Company is the sole owner of the intellectual property rights relating to this Internet Site which are necessary for placing it online.
 
The general structure of this Internet site (graphic design) and the totality of its content available on this site, such as the texts, slogans, graphics, images, sounds, videos, etc. - this list is not exhaustive - (hereinafter called the “Contents”), belong, with the exception of photographs and logos published by Members, to the Company, and are protected by the applicable national and international copyright protection laws.
 
Therefore, in compliance with all the applicable national and international copyright laws, any representation, reproduction, modification, distortion and/or full or partial exploitation of this Internet Site and/or its Contents through any procedure whatsoever (copying, distribution, downloading, display or broadcasting ) and on any medium whatsoever, is prohibited without the express prior consent of the Company, and therefore constitutes infringement of copyright, with the exception that the User may print a copy of the contents for his individual use.
 
In doing so, the User of this internet Site may not extract, remove or alter any mention of copyright, trademark or other reference to ownership appearing in the Contents of the Internet Site.
 
Access to and utilisation of the Internet Site do not imply any disposal and/or any transfer of property rights to the benefit of the User.
 
Trademarks
The trademarks, service marks, logos, company names, acronyms or initials, trade names and/or domain names appearing on the Internet site, with the exception of the photographs and logos published by members, are the exclusive property of the Company, and are distinctive signs which may not be used without the express prior consent of their owner.
 
10. Complaints
 
In case of complaint, please contact the Company at the following address, or on the following telephone number or fax number:
 
Marinanow s.r.l.
VAT number : 02485960906
Headquartered in via della Marina 11/A
Porto Cervo
Italy
Tel : +39 0789 1876702
 
11. Applicable law
 
This contract is regulated by Italian Law. All disputes arising from this Agreement, will be devolved to the exclusive jurisdiction of the Court of Cagliari.
 
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