1.1. [www.rya.org.uk] (the Site) is operated by Royal Yachting Association (RYA, we and us).
2. Accessing the Site
2.1. We cannot guarantee that the Site will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of the Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Site or any computer system, server, router or any other internet-connected device.
2.2. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. You also understand that we cannot and do not guarantee or warrant that any content of the Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.
2.4. The Site has been designed to adhere to the Level AA accessibility guidelines under the Web Content Accessibility Guidelines 2.0 published by the World Wide Web Consortium (W3C).
2.5. The Site is designed to work with Internet Explorer 6, 7 and 8, Firefox 3+, Opera 8+ and Safari 4+.
2.6. We reserve the right, in our discretion, to withdraw, suspend or modify the Site or certain features or parts of the Site with or without notice to you, where we have reason to do so. There may also be times when the Site or certain features or parts of the Site become unavailable, whether on a scheduled or unscheduled basis. You agree that we will not be liable to you or to any third party for any withdrawal, modification, unavailability, suspension or discontinuance of the Site or any service available on or through the Site.
3. Using the Site
3.1. You must use the Site and the information available from the Site responsibly. No such information may be used for or in connection with any unlawful, immoral or anti-social purpose, or in a manner which is or may be damaging to our name or reputation.
3.2. The Site is designed to meet the needs of a wide range of users wishing to interrogate our information online. Due to limitations of IT equipment and bandwidth, the Site is not intended to be a source for bulk downloads. Accordingly, users, IP addresses or blocks of IP addresses who deny or degrade service to other users by generating unusually high numbers of database accesses, whether generated manually or by automated means, may be denied access to the Site’s services without notice.
4. Accuracy of information
4.1. We will use reasonable endeavours to ensure that information on the Site is accurate, but commentary and other material posted on the Site are not intended to amount to advice or authority on which reliance should be placed. Except to the extent that our Trading Terms apply, we make no representation or warranty that any information is accurate, complete or up-to-date and, to the fullest extent permitted by law, we accept no liability for any loss or damages or expenses of any kind including without limitation compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, or claims by third parties howsoever arising in connection with your use of this Site, the copying or use of any information or material contained in or referred to in this Site. This exclusion of liability shall not apply to damages arising from death or personal injury caused by the negligence of the RYA or any of its employees or agents.
4.2. The views expressed by third parties placing material on these pages are not representative of the views of the RYA. The RYA cannot monitor the content not produced by us and has not reviewed all the third party material published on this Site and the RYA accepts no liability whatsoever in relation to the content of third party material placed on these pages.
4.3. If you find any inaccurate information on the Site please let us know and we will endeavour to correct it, where we agree, as soon as reasonably practicable.
5. Website Facilities
5.1 The Site acts as a venue which facilitates users to sell and buy boats. We publish advertisements provided by users but we do not attempt to verify the accuracy of the contents. We give no warranty and makes no representation as to the truth, accuracy or sufficiency of any advertisement or any description, photograph or statement therein. We do not accept liability for any loss suffered by any person as a consequence of reliance on any advertisement or other material on this Site. We reserve the right to refuse any advertisement.
5.2 We are not involved in transactions between buyers and sellers. We are not responsible for ensuring that buyers and sellers actually complete a transaction. We recommend that any boat purchased is inspected or surveyed by a person independent of the seller prior to purchase. Buyers buy at their own risk and should take appropriate professional advice prior to purchasing.
5.3 We cannot and do not confirm the purported identity of users or the validity of the information which users post to the Site.
5.4 In the event that you have any right, claim or action against any other user arising from that user's use of the Site you agree to pursue such right, claim or action independently of and without recourse to us, and you release us from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
5.6 Please use caution and common sense when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretence.
5.7 If you are a seller, you must ensure that you are legally able to sell the item described.
5.8 All photographs used on the Site must have the prior consent of the photographer. The seller is responsible for gaining any photographer’s approval prior to forwarding photographs to the RYA or boat.com to use on the Site. We cannot be held responsible for any issues arising due to copyright protection on photographs.
6. Advertisers Warranty and indemnity
6.1 Advertisers (including agencies) upon and by lodging material with the RYA or boats.com for publication HEREBY INDEMNIFY RYA, its servants and agents against all actions, claims or proceedings of any kind whatsoever arising from the publication of that material and without limiting the generality of the foregoing IDEMNIFY each of them in relation to any breach of copyright, infringement of trademarks, breach of unfair competition or trade practices legislation, infringement of royalties or violation of rights of privacy or defamation or slander action AND WARRANT that the material complies with all relevant laws and regulations and that publication will not give rise to any rights against or liability of RYA, its servants or agents and in particular that nothing therein is capable of being misleading or deceptive or otherwise in breach of the Trade Practices Act, the Fair Trading Act or other like legislation.
7. Intellectual property rights
7.2. You may download information from the Site for your own personal non-commercial use only and subject to the conditions set out in Trademarks and Conditions of Use of the Tick Mark. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trade mark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
7.3. The material on this Site or any part of it is not to be incorporated or distributed in any work or in any publication in any form without the permission of the RYA. To request permission please contact us at email@example.com.
8. Links to this and other websites
8.1. We may provide hyperlinks from the Site to other internet sites which are operated by other organisations. We are not responsible for external websites that link to the Site or which are linked from it. That we include these hyperlinks does not imply any endorsement of the material on such sites or any association with their operators.
8.2. We reserve the right, at our discretion, to prohibit any link from another internet site to materials or information on the Site. Without prejudice to that right, if you wish to link to the Site, you may only do so on the basis that you link to, but do not replicate, the home page of the Site, and subject to the conditions set out in the following conditions:
8.2.1. The link is neither misleading nor deceptive and must fairly indicate the Site as the destination of the link, using this explanation:
188.8.131.52. “Britain’s national body for all forms of boating, including dinghy and yacht racing and sailing, motor and sail cruising, RIBs and sports boats, powerboat racing, windsurfing, inland cruising, narrowboats and personal watercraft. Administers the internationally recognised RYA training programme for leisure boaters”
8.2.2. you do not remove, distort or otherwise alter the size or appearance of our logo;
8.2.3. you do not create a frame or any other browser or border environment around the Site, or in any way conceal that visitors are leaving your site;
8.2.4. you do not in any way imply that we endorse any products or services other than our own;
8.2.5. you do not misrepresent your relationship with us nor present any other false or misleading information about us;
8.2.6. you do not otherwise use any of the trade marks displayed on the Site without our express written permission;
8.2.7. you do not link from a website that is not owned by you;
8.2.8. you do not use the RYA logo as a linking image, except as permitted under Conditions of Use of the Tick Mark;
8.2.9. you do not hold us liable for any broken links produced on your site as a result of our moving or deleting pages on our Site; and
8.2.10. any website from which you link to the Site does not contain any content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
9. Our liability
9.1. Although we hope the Site will be of interest to users (and except to the extent that our Trading Terms apply), we accept no liability and offer no warranties or conditions in relation to the Site or its content, to the fullest extent such liability can be excluded by law.
9.2. If you are a consumer and not a business user, we shall not be liable to you for any business losses and shall only be liable for any losses which are reasonably foreseeable.
9.4. We accept liability for death or personal injury caused by our negligence and responsibility for fraudulent misrepresentation and any other liability that cannot, under English law, be excluded.
10.1. Royal Yachting Association is a company registered in England. Our company number is 878357 and our registered office address is RYA House, Ensign Way, Hamble, Southampton SO31 4YA. Our VAT registration number is 239281352.
11. How to contact us
11.1. If you experience problems with the Site or would like to comment on it then please email: firstname.lastname@example.org, telephone us on +44 23 8060 4100 or write to us at Royal Yachting Association, RYA House, Ensign Way, Hamble, Southampton, SO31 4YA.
Article Published: June 29, 2009 19:05
Article Updated: January 14, 2013 11:08