YachtConnect

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Terms and Conditions

 

Dear user of YachtConnect's wireless LAN !

 

This is an agreement between you and YachtConnect ("YachtConnect," "we" or "us") for wireless local area network communications services and related services and features (the "Service") and any wireless local area network compatible equipment ("Unit") purchased or rented from us for use with the Service.

  1. Agreements Governing Use of Service. These YachtConnect HotSpot Terms and Conditions ("T&C's") govern the use of the Service and your Unit. These T&C's supersede all earlier versions and require mandatory arbitration of disputes (see Sec. 3), and limit our liability (see Sec. 14 and 15). Please read them carefully before activating or using the Service.

  2. Acceptance of Agreement by Activation. BY USING/ACTIVATING THE SERVICE YOU REPRESENT YOU ARE OF LEGAL AGE AND AGREE TO BE BOUND BY THE AGREEMENT. If you do not agree to the terms of the Agreement, do not use the Service. Your electronic acceptance on our web site, your activation of the Service or your signature below constitutes your acceptance of the Agreement Your electronic acceptance of the Agreement shall have the same force and effect as if you had actually signed the Agreement.

  3. Mandatory Arbitration; Dispute Resolution. ANY CLAIM OR DISPUTE BETWEEN YOU AND US ARISING UNDER OR IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, AND/OR OUR PROVISION TO YOU OF GOODS OR SERVICES, CAN BE SUBMITTED IN THE FIRST INSTANCE TO THE GIBRALTAR REGULATORY AUTHORITY, SUITE 811, EUROPORT GIBRALTAR. SHOULD YOU DISAGREE WITH THEIR DETERMINATION YOU ARE ABLE TO APPEAL THE DECISION TO THE SUPREME COURT IN GIBRALTAR.

  4. Changes to Terms of Use. We may modify the Agreement and/or increase our charges for Service, by giving you at least 3 working days notice in writing. Such notice may be given to you via our network. You acknowledge that no YachtConnect employee, dealer or other agent is authorised to make any representation or warranty with respect to the Agreement or the Service, or to waive or alter any provisions of the Agreement.

  5. Service Availability. A Unit is required to enable the Service to operate. You may buy equipment from us, or from someone else. You must ensure your Unit is compatible with the Service. Availability and performance of the Service is subject to all memory, storage and other limitations in the Unit. Service is only available at designated YachtConnect HotSpot locations. Service is available to your Unit only when it is within the operating range of our system or of an operator with which we have an applicable roaming agreement. YachtConnect HotSpot locations and maps are updated from time to time; actual service coverage, speeds, locations and quality may vary and be severely hampered by adverse weather. Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed. We are not responsible for data, messages or pages lost, not delivered or misdirected because of interruptions or performance issues with the Service or communications services or networks (e.g., GibTelecom lines or the Internet). We may impose credit, usage or Service limits, suspend Service, or block certain kinds of usage in our sole discretion to protect users or our business. Network speed is an estimate and is no indication of the speed at which your Unit or the Service sends or receives data. Actual network speed will vary based on Unit configuration, compression, network congestion and other factors. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur. We may, but do not have to, change or improve the Service by, among other things, changing or upgrading the 802.11b standard.

  6. Use of Service. Unless otherwise set forth by us in writing, you are receiving a single user account solely for your use of the Service through one Unit per login session. You agree not to resell any aspect of the Service, whether for profit or otherwise, share your IP address or ISP Internet connection with anyone, access the Service simultaneously through multiple Units or to authorise any other individual or entity to use the Service. You agree that sharing the Service with another party breaches the Agreement and may constitute fraud or theft, for which we reserve all rights and remedies. You have no proprietary or ownership rights to a specific IP or other address, log-in name, or password that you use on our network. We may change your address, log-in name or password at any time. We will assign you an IP address each time you access the Service, and it will vary. You shall not program any other IP address into your Unit. You may not assign your log-in name, password or IP address to any other person or Unit. You agree that we may access your Unit and information stored on it (such as drivers, software, etc.) to troubleshoot issues related to the Unit or network; enable, operate and update the Service and software; investigate activity that may be in violation of this Agreement; or to comply with law. You agree not to use the Service, the YachtConnect network or website, or your Unit for any fraudulent, unlawful, harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person. Improper uses includes, but are not limited to:

    1. Violating any applicable law or regulation;

    2. Posting or transmitting content you do not have the right to post or transmit;

    3. Posting or transmitting content that infringes a third party's trademark, patent, trade secret, copyright, publicity, privacy, or other right;

    4. Posting or transmitting content that is unlawful, untrue, stalking, harassing, libellous, defamatory, abusive, tortuous, threatening, obscene, hateful, abusive, harmful or otherwise objectionable as determined in our sole discretion;

    5. Attempting to intercept, collect or store data about third parties without their knowledge or consent;

    6. Deleting, tampering with or revising any material posted by any other person or entity;

    7. Accessing, tampering with or using non-public areas of the Service or any YachtConnect website or YachtConnect's computer systems and network;

    8. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;

    9. Attempting to access or search the Service or any YachtConnect network or website with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by us or other generally available third party web browser;

    10. Sending unsolicited messages, including without limitation, promotions or advertisements for products or services, "pyramid schemes", "Spam", "chain mail" or "junk mail";

    11. Using the Service or any YachtConnect website to send altered, deceptive or false source-identifying information;

    12. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service or any YachtConnect website;

    13. Interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a "virus" to the Service or any YachtConnect website, overloading, "flooding," "spamming," "crashing," or "mail bombing" the Service or any YachtConnect website;

    14. Impersonating or misrepresenting your affiliation with any person or entity.

    If we suspect violations of any of the above, we will investigate and we may institute legal action, immediately deactivate Service to any account without prior notice to you, and cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to reasonably cooperate with us in investigating suspected violations.

  7. Content Disclaimer: Cautions and Restrictions. We do not control, nor are we responsible or liable for, data, content, services, or products (including software) that you access, download, receive or buy via the Service. We may, but do not have to, block information, transmissions or access to certain information, services, products or domains to protect us, our network, the public or our users. Therefore, messages and other content may be deleted before delivery. The Internet contains unedited materials, some of which may be offensive to you. We are not a publisher of third-party content accessed through the Service, and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service. You are responsible for paying all fees and charges of third party vendors whose sites, products or services you access, buy or use via the Service. If you choose to use the Service to access web sites, services or content, or purchase products from third parties, your personal information may be available to the third-party provider. How third parties handle and use your personal information related to their sites and services is governed by their privacy and other policies (if any) and not ours. We have no responsibility for third party provider policies, or their compliance with them. We will however, not disclose personal information we hold about you to third parties without your prior consent, unless required by law.

  8. Term; Termination of Service. The Agreement begins on the date Service is activated or used (or is otherwise deemed to have been accepted as provided in Sec. 2) and will continue until terminated by you or us in the manner provided in the Agreement. You understand that if at any time your credit or debit card ("Card") expires, we may terminate the Service immediately in our discretion without notice. Despite termination you will be liable for payment of any amounts due or other obligations incurred before or upon termination, whether the Agreement is ended by you or us. We may terminate Service for any reason upon 3 days notice other than for breach (in which case we may terminate without prior notice). If we terminate your Service for breach, you agree to pay us as a compensation fee (which you agree may be deducted from any deposit, or automatically billed to your account or Card). In addition, we may keep any amounts prepaid by you sufficient to cover any accrued charges and fees related to the Service you have used. If you terminate the Service you will not receive a credit or refund for any unused minutes or megabytes (or portions thereof).

  9. Default; Termination. You will be in default under the Agreement if you become the subject of any proceeding under the Bankruptcy Code or become insolvent. In any such case, you shall remain responsible for payment of all charges and fees, which will be immediately due and payable. We have the right to discontinue Service and/or terminate the Agreement without prior notice if you default under the Agreement. If we agree to renew Service to you after discontinuing Service, you agree to pay any applicable reactivation charges. Our remedies hereunder are not exclusive but are in addition to all other remedies provided by law.

  10. Your Account. If we allow you to temporarily suspend your account, the remaining time/megabytes will be extended by the length of the temporary suspension.

  11. Deposits. We may require a deposit in which you grant us a security interest to secure your rental of the Unit. Deposits received by us may be commingled with other funds, and will not earn interest. A deposit may not be used by you to pay any amounts owed to us (unless used to pay a final invoice). If Service is terminated for any reason, any deposit will be applied to pay any of your charges and fees then or thereafter due. Any remaining deposit or other credit balance will be returned without interest (to the extent it is possible) to you following termination at your Yacht. Any balances of £5 or less will not be returned but will automatically remain our property, and if we are unable to deliver the funds to you (maybe because you have left the Marina) title to such funds shall be conclusively deemed to be ours, and you shall have no right to them.

  12. Billing and Payment of Charges. You agree to provide us with accurate and complete credit or debit card/billing information, and to report all changes to this information within 5 days of the change. You authorise us to verify your creditworthiness with credit-reporting agencies from time to time. When available, roaming rates (which may include access, airtime and/or megabyte charges) apply when downloading or sending data outside of our network. You will be charged for all data sent or received by any Unit you use (including, without limitation, "free" software downloads, messaging, unsolicited information and advertisements), regardless of whether the data is actually or completely delivered, received or stored. In some cases data packets will be resent to ensure complete delivery; you will be billed for these resent packets. You understand that Service connection (and billing) starts at the time you log on to the Internet (and only the Internet, all Intranet facilities are for free) and does not end until you properly log off and the network terminates the connection (after log off).If you:

    1. do not properly log off,

    2. leave the coverage area during a session or

    3. lose your connection for any reason,

    then billing will not terminate until at least several minutes after you lose your connection and you will be charged for this period. Some Units, such as personal data assistants and other handheld devices, may require you to remove your wireless card and turn off your Unit in order to properly terminate your connection. You should do so to ensure your connection is terminated. All minutes of use are billed in full minute increments; all Mb's (if billed) of use are billed in full Mb increments; any fraction of a minute or Mb of usage is rounded up and charged, or deducted from any allocated minutes or Mb's, as a full minute or megabyte on a per session basis. Any taxes, assessments, fees, costs or charges imposed on us or you as a result of providing the Service will be added to your charges. You authorise us to charge your Credit / Debit Card at or after termination of Service to pay what you then owe (including, but not limited to, payment of any administrative fee and/or rental of your Unit). If you revoke authorisation to charge your Card, or if for any reason your Card issuer does not pay us, we must receive cash payment from you before departure from the Marina, or you will be in default. You agree that

    1.  time is of the essence;

    2.  it would be impractical to fix the exact amount of our damages if you fail to pay promptly;

    3.  in the event we do not receive payment by the due date, your payment is past due and you shall pay us default interest of the lower of 1.5% per month (or any portion thereof) of any past due amount until paid, or the highest amount permitted by law.

    4.  If you believe you have been incorrectly charged, you must notify us of such disputed charges within sixty (60) days from the date the disputed charges are first billed or you waive your right to dispute those charges.

    Please contact YachtConnect HotSpot Customer Care at (+350) 54637000 so that we can review your account. If you accept a credit to resolve an issue, you agree that the issue has been resolved. We may require you to describe the dispute in writing. Any written communications concerning disputed amounts owed must be sent to: YachtConnect (Gibraltar) Ltd., P.O.Box 1491, Gibraltar, Email: info@yachtconnect.com. If it is determined that you owe any amount in dispute, that amount will be added to any current charges and must be paid by the due date. If we accept late or partial payments or payments marked "Paid in Full" or similar notations, it will not waive any of our rights hereunder to collect all amounts that you owe us nor will it constitute an accord and satisfaction. We may charge you a fee of £20 or such amount as may be permitted by law for any Card amount rejected or check returned for insufficient funds.

  13. Copyright Notice. In operating the Service, we may act as a "services provider" and offer services as an online provider of materials and links to third party web sites. As a result, third party materials that are not owned or controlled by us may be transmitted, stored, accessed or otherwise made available using the Service. If you believe any material, available via the Service, infringes a copyright, you should notify us using the notice procedure for claimed infringement. We will respond expeditiously to remove or disable access to material we determine may be infringing and resolve the claim between the notifying party and the alleged infringer who provided the applicable content. The proper party for notice, to whom you should address infringement notices, is YachtConnect (Gibraltar) Ltd., P.O.Box 1491, Gibraltar, Phone (+350) 54637000, Email: info@yachtconnect.com

  14. Disclaimer of Warranties. EXCEPT AS TO ANY WRITTEN LIMITED WARRANTY THAT MAY BE PROVIDED WITH A UNIT YOU PURCHASE FROM US, ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE WHICH ARE EXPRESSLY DISCLAIMED. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE. WE DO NOT AUTHORISE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. ANY STATEMENTS MADE IN PACKAGING, MANUALS OR OTHER DOCUMENTS, OR BY ANY OF OUR EMPLOYEES (EXCEPT AS TO ANY WRITTEN LIMITED WARRANTY THAT MAY BE PROVIDED WITH A UNIT YOU PURCHASE FROM US), ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS WARRANTIES BY US OF ANY KIND. NEITHER WE NOR OUR DIRECTORS, EMPLOYEES, AGENTS, DEALERS, SUPPLIERS, PARENTS, SUBSIDIARIES OR AFFILIATES WARRANT THAT THE INFORMATION, PRODUCTS, PROCESSES, AND/OR SERVICES AVAILABLE THROUGH THE SERVICE WILL BE UNINTERRUPTED, ALWAYS AVAILABLE, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR FREE. IF YOU RECEIVED A WRITTEN "YACHTCONNECT, LIMITED WARRANTY" WITH YOUR UNIT, IT IS THE ONLY WARRANTY MADE BY US WITH RESPECT TO THE UNIT.

  15. Limitation of Liability. We shall not be liable for any deficiency in performance caused in whole or in part by the act or omission of an underlying carrier or service provider, dealer, equipment or facility failure, network problems, interference, lack of coverage or network capacity, acts of God, strikes, fire, war, terrorism, riot, emergency, government actions or any other cause beyond our control. EVEN IF YACHTCONNECT HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, THEY WILL NOT BE LIABLE TO YOU OR ANY OF YOUR EMPLOYEES, AGENTS, CUSTOMERS OR ANY THIRD PARTIES FOR ANY DAMAGES ARISING FROM USE OF THE SERVICE OR ANY UNIT, INCLUDING WITHOUT LIMITATION: PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PRIVACY OR SECURITY DAMAGES; PERSONAL INJURY OR PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF SERVICE, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO UNAUTHORISED ACCESS OR DUE TO VIRUSES OR OTHER HARMFUL COMPONENTS, COST OF REPLACEMENT PRODUCTS AND SERVICES, THE INABILITY TO USE THE SERVICE, THE CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION OR MESSAGE TRANSMITTED TO OR RECEIVED BY YOUR UNIT, ACCESS TO THE WORLD WIDE WEB, THE INTERCEPTION OR LOSS OF ANY DATA OR TRANSMISSION, OR LOSSES RESULTING FROM ANY GOODS OR SERVICE PURCHASED OR MESSAGES OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. THE MAXIMUM AGGREGATE LIABILITY OF YACHTCONNECT TO YOU, AND THE EXCLUSIVE REMEDY AVAILABLE IN CONNECTION WITH THE AGREEMENT FOR ANY AND ALL DAMAGES, INJURY, LOSSES ARISING FROM ANY AND ALL CLAIMS AND/OR CAUSES OF ACTION RELATED TO THE SERVICE OR UNIT, SHALL BE TO RECOVER THE CHARGES TO YOU FOR THE APPLICABLE SERVICE. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THIS AGREEMENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.

  16. Indemnification. You agree to defend, indemnify and hold us, any underlying carrier, harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of your use of the Service or a Unit or your violation of the Agreement. You further agree to pay our reasonable attorneys' and expert witnesses' fees and costs arising from any actions or claims hereunder and those incurred in establishing the applicability of this section.

  17. Privacy and Security. Wireless systems use radio channels to transmit data communications over a complex network. Privacy cannot be guaranteed, and we are not liable to you or any other party for any lack of privacy you experience while using the Service. We have the right, but not the obligation to monitor, intercept and disclose any transmissions over or using our facilities, and to provide subscriber billing, account, or use records, and related information under certain circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect our rights, users or property). Please consult the YachtConnect Privacy Policy posted on our Intranet website for additional information on the use and disclosure of information. You acknowledge that the Service is not inherently secure and that wireless communications can be intercepted by equipment and software designed for that purpose. Notwithstanding efforts to enhance security with respect to the Service, we cannot guarantee the effectiveness of these efforts and will not be liable to you or any other party for any lack of security that may result from your use of the Service or Unit. You acknowledge that you are responsible for taking such precautions and providing such security measures best suited for your situation and intended use of the Service. We strongly encourage and support certain customer-provided security solutions, such as virtual private networks, encryption and personal firewalls, but do not provide these to our users and are not responsible for their effectiveness. Please consult the YachtConnect HotSpot Security Statement posted on our Intranet website for additional information concerning the security of the Service and steps you can take to enhance the security of the Service. You agree to protect your username and password and you are responsible for any usage of your account. You agree to immediately notify us of any unauthorised use of your account or other security breach. If you are roaming, YachtConnect cannot guarantee the security of such network or the ability of your solution to work on such network.

  18. Cancellation and Return Policy. You may cancel Service without paying any applicable cancellation or administrative fee if you:

    1. contact us to cancel Service and

    2. return any returnable Like New Unit (defined below) you purchased from us with proof of purchase to the place of purchase.

    Only Like New Units returned with proof of purchase to the place of purchase within the Return Period are eligible for a refund of the purchase price. A "Like New Unit" is a Unit purchased from us in its original packaging with all original contents, undamaged and in good working condition as determined by us in our sole discretion. You may be required to pay a restocking fee. Even if you cancel Service and return your Unit (if any) as provided herein, you must pay all Service and usage charges incurred prior to cancellation or return.

  19. Assignment. We may assign in whole or in part our rights or duties under the Agreement by giving you at least 21 days prior notice in writing (this can be notice via the system) and upon such assignment we shall be released from all liability hereunder. You may assign the Agreement only with our prior written consent. Subject to this restriction, the Agreement shall inure to the benefit of and be binding upon the heirs successors, subcontractors, and assigns of the respective parties.

  20. Notices and Communication. Written notices to you shall be considered given and received by you immediately upon delivery using electronic means such as Email. Written notice to us shall be considered given when received in our office in Gibraltar. You agree that we may contact you through the Service or your Unit to notify you of changes to or information about your account, the Service, additional services or the Agreement.

  21. Severability. All terms and provisions of these T&C's are independent of each other. If any term or provision of these T&C's is held to be inapplicable or unenforceable, including without limitation any terms or provisions in Secs. 3, 14 or 15, then:

    1. such term or provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect,

    2. the Agreement will not fail its essential purpose and

    3. the balance of the terms and provisions shall remain unaffected and in full force and effect, unless our obligations hereunder are materially impaired, in which event we reserve the right to terminate the Agreement.

  22. Governing Law; Venue and Statute of Limitations. Except as set forth in Sec. 3, the Agreement, its validity, construction and performance, shall be governed by the laws of Gibraltar. Arbitration proceedings or any actions to enforce an arbitral award shall be in Gibraltar. In no event shall any arbitration be commenced outside Gibraltar, nor shall any law outside Gibraltar be applied. Except as otherwise provided in the Agreement and any controversy, claim or dispute must be brought by you within one (1) year of the date you are entitled to assert any such claim.

  23. Entire Agreement. The Agreement represents the final and entire agreement between you and us regarding the Service. Except as otherwise provided in the Agreement, no prior or subsequent handwritten, typed, or oral change to the Agreement will be valid unless we accept it in writing. Our failure at any time to require strict performance by you or any other subscribers of any of the provisions herein shall not waive or reduce our right to thereafter require strict compliance with any provisions of the Agreement.

  24. Signing Authority; Authorised User. You acknowledge that you are of legal age, have received a true copy of the Agreement and have read and clearly understand the terms of the Agreement and, if activating on behalf of a corporation or other entity, are fully authorised to legally bind such entity. You acknowledge that you are responsible for all charges incurred by any person you authorise to access your account, or to use your Unit or the Service.

  25. Survival. The following provisions, and any other provisions which may reasonably be construed as surviving, and the rights and obligations of the parties there under, shall survive any termination of the Agreement for any reason: Sec.s 3, 5, 6, 7, 9, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21, 22, 23, and 26, and the Terms and Conditions related to your use of other YachtConnect services.

  26. Prepaid Customers. When you purchase prepaid Service of any kind, these T&C's and the following applies to you. When purchasing prepaid Service, you are responsible for prepaying all charges for using the Service. The balance in your prepaid account is reduced by the charges attributable to your use of the Service. You must keep a positive balance in your prepaid account to continue using the Service. The prepaid Service is subject to a minimum user session, which will be charged against your account balance. The prepaid Service you purchase is non-cancellable and will expire within a certain time period (12 Month if nothing else is agreed to). The expiration period will be disclosed in the YachtConnect material you receive at the time of your purchase of prepaid Service (stamped on FrontPage of prepaid card). If you have any questions about your prepaid Service please contact YachtConnect Customer Care. Prior to expiration, you may extend the expiration period by purchasing additional prepaid Service. You will not receive a monthly invoice or activity record for use of prepaid Service. Prepaid Service is non-refundable, and no reimbursement will be given for lost or stolen prepaid cards or coupons. Unused prepaid account balances becomes our property upon expiration or termination of the Service purchased and will not be refunded, notwithstanding a modification as provided under Sec. 4

 

Copyright © 2003 - 2008 YachtConnect (Gibraltar) Ltd. - Website last modified: February 02, 2008

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