OCEAN COBRA LIMITED
WEBSITES TERMS AND CONDITIONS OF USE
Definitions: in these Terms the following definitions apply;
Terms: the terms and conditions of use set out in this document as amended from time to time;
Ocean Cobra Limited: the owner of this website and the broker;
Advertiser: sellers who have restricted access to password protected areas of the website;
Visitor: buyers or users of this website or for any purpose other than Advertisers or the Owner;
User: a term, when used, to mean Ocean Cobra Limited, Advertiser and Visitor;
Content: data including information and material on this website.
CONSTRUCTION: IN THESE TERMS, THE FOLLOWING RULES APPLY
A User includes a natural person, corporate or unincorporated body (whether or not having separate legal personality), and includes its personal representatives, successors or permitted assigns.
In these Terms any references to the masculine gender shall include the female gender and references to the female gender shall include the masculine gender.
A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
Any phrase introduced by the Terms or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
Any singular term shall be construed to mean the plural where necessary, and a plural term the singular where necessary.
A reference to writing or written includes emails.
USE OF THIS WEBSITE
This website is owned Ocean Cobra Limited. Your use of this website is governed by these Terms. Please read the Terms carefully. By visiting or using the website for whatever reason, you agree to comply with and to be legally bound by these Terms. If you do not wish to be bound by these Terms please do not visit or use the website.
Adverts posted by Ocean Cobra Limited under a brokerage agreement are subject to separate listing and sales and purchase agreements.
Ocean Cobra Limited reserves the right, in its sole discretion, to revise the Terms at any time. You are responsible for reviewing the Terms each time you visit or use this website.
Ocean Cobra Limited may in its sole discretion, without notice and at any time, terminate your access to and use of the website should it be deemed necessary.
No part of this website may be modified, altered, copied, reproduced, republished, transmitted or distributed for commercial use, for the creation of derivative works, or for public display in any form or by any means, unless permitted in writing by Ocean Cobra Limited. Nothing contained in the Terms or on this website shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of Ocean Cobra Limited’s intellectual property rights, or under any third party’s intellectual property rights.
Ocean Cobra Limited will enforce its intellectual property and other legal rights to the extent of the law, and will seek damages, injunctive relief, legal fees and criminal prosecution where appropriate.
All rights, title and interest in and to the Content displayed on this website, including without limitation this website look and feel, information, text, graphics, images, sound and video materials, logos, designs, software, trademarks, service marks, trade dress, trade names, the URL, and the compilation, coordination, selection, order and arrangement of any of these elements, is the property of, or is used with permission of the Advertiser or Ocean Cobra Limited, and is protected by local, national and international copyright and trademark laws.
Ocean Cobra Limited cannot guarantee the accuracy or completeness of all the Content seen on this website. Therefore, your use or reliance upon information on this website is at your own risk and you are solely responsible for investigating the completeness and accuracy of such information. The Content on this website is provided as information to you and its presence on this website does not imply in any way that Ocean Cobra Limited endorses such information.
You agree that neither you nor your agents will use any automated application, tool, program, protocol or device to upload data into or download data from this website, nor copy, scrape or remove Content, data, information or other material from this website for any purpose, whether or not any of the Content, data, information or other material taken is used, redistributed, transmitted, publicly displayed, altered, reformatted or discarded. Advertisers are limited to manual form entry and to uploading photos for the sole purpose of adverting boats and marine equipment and the Content uploaded is to be restricted solely for this purpose only.
You agree that neither you nor your agents will use or attempt to use any device, software, protocol, tool, routine or process to damage, disable, impair or interfere with, the proper working of this website, Content, or any activities conducted on this website. You agree that neither you nor your agents will take any action that Ocean Cobra Limited in its sole discretion, overburdens or imposes a disproportionately large load on the Ocean Cobra Limited infrastructure. Any unauthorised use of this website or Content may be subject to prosecution, including, without limitation, termination of any use of this website.
ADVERTISER ONLY AREAS AND PLACEMENT OF ADVERTS
Advertisers are permitted restricted access to password protected areas of the Ocean Cobra Limited website and such access is governed by these Terms. Advertisers are not permitted to share passwords with non-Advertisers or otherwise permit or facilitate non-Advertisers access to Advertisers Only Areas.
By uploading or transmitting Content to this website, you warrant and represent that you;
- acknowledge that Ocean Cobra Limited has no liability or responsibility to website Users or any other person or entity arising out of any use of or reliance upon materials posted by Advertisers on this website, including, without limitation, liability for, any errors, omissions, unavailability, or misrepresentations in any such materials;
- you are 16 years of age or over; or where the Content that you are posting or viewing requires a minimum age over 16 years of age you are at least the minimum age for that Content;
- own or otherwise control all rights to such Content;
- will not violate any local, national or international laws, rules or regulations;
- will not infringe upon or violate third party intellectual property rights, including without limitation trademark, copyright, patent and trade secret rights;
- will not infringe the privacy or publicity rights of others;
- will not post Content that you know or have reason to know is false, incomplete, inaccurate or misleading, unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, tortuous, libellous, defamatory, slanderous, vulgar, invasive of another’s privacy, racially, ethnically or otherwise objectionable or embarrassing to a third party;
- will not post Content which is protected by an agreement of confidentiality or which you do not have a right to post, upload or transmit under law or by contract;
- will not post chain letters, junk mail, pyramid schemes, spam or other forms of advertisements or solicitations;
- will not impersonate another person, whether a third party or an Ocean Cobra Limited representative or moderator; or falsely state or otherwise misrepresent this website;
- will not post Content that contains any virus, other computer code, files or programs designed to interrupt, corrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt this website or any servers or networks connected to this website;
Any use of this website or conduct that violates these Terms may result in prosecution, including without limitation to the immediate disabling by Ocean Cobra Limited of your access to this website.
PRICES AND PAYMENTS
The prices for the service of placing Adverts by Users is exclusive of amounts in respect of value-added tax (VAT). The Bailiwick of Guernsey is not part of the UK or EU and VAT is not chargeable by Ocean Cobra Limited for services or goods supplied in the Bailiwick of Guernsey. Users are liable for all taxes and duties for services or goods supplied outside the Bailiwick of Guernsey and are advised to seek independent legal advice if in doubt regarding their liability to tax or duties.
Your confidential use of this website cannot be guaranteed by Ocean Cobra Limited and we discourage you from sending or posting to or via this website or directly or indirectly to Ocean Cobra Limited any information that you consider to be confidential. Ocean Cobra Limited is not responsible for any harm that you or any person may cause or incur as a result of a breach of confidentiality with respect to your use of this website. Unless otherwise specified in our privacy statement Ocean Cobra Limited has no obligation to keep confidential any information or material you send us. By sending Ocean Cobra Limited information or material, you grant Ocean Cobra Limited an unrestricted, perpetual, irrevocable non-exclusive license to use, reproduce, display, perform, modify, create derivative works, transmit and distribute those materials or information, and you also agree that Ocean Cobra Limited is free to use any ideas, concepts, know-how or techniques that you send Ocean Cobra Limited for any purpose. For the avoidance of doubt sending any information in any form to Ocean Cobra Limited includes sending it to this website as it is owned by Ocean Cobra Limited. Please see our Privacy Statement for additional information.
NO REPRESENTATIONS OR WARRANTIES
Your use of or reliance upon any Content or any other information made available on this website, is at your sole risk. This website may include inaccuracies, outdated information, defects, omissions and/or other errors. Ocean Cobra Limited does not make any express or implied representations, warranties or guarantees regarding the accuracy, reliability, timeliness, availability, sufficiency, completeness, correctness, veracity, or value of this website Content or any other information made available on this website. Ocean cobra limited reserves the right to modify or delete the information displayed on this website but assumes no obligation to modify, delete or update such information. Any Content or otherwise obtained through the use of this website is done at your discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from obtaining such Content of information. All Content on this website, including without limitation, information, data, text, photographs, documents and graphics, is provided “as is” and subject to all faults. Ocean Cobra Limited expressly disclaims all warranties of any kind, whether express and/or implied, including, but without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of any rights (including without limitation intellectual property rights of any kind).
Users of this website should not rely upon opinions expressed on this website or as a result of using this website when making business, financial, personal or any other decisions. Users are advised to seek legal of professional advice as necessary.
THIRD PARTY RIGHTS
A person who is not a party to the Terms shall not have any rights under or in connection with it.
LIMITATION OF LIABILITY
In no event will Ocean Cobra Limited its officers, employees, contractors, subcontractors, suppliers, agents, affiliates, subsidiaries, successors or assigns be liable to any party for any direct, indirect, economic, punitive, exemplary, special or consequential damages, loss of goodwill or loss of profits arising out of or in connection with the use of or reliance upon this website, or use of or reliance upon any linked website, including without limitation any liability arising from breach of contract, negligence or any other statutory, contract and/or tort liability, even if Ocean Cobra Limited has been expressly advised of the possibility of such damages. The term damages includes, without limitation, legal fees, any lost profits, business interruption and loss of programs or other data on information processing system. Ocean Cobra Limited expressly disclaims any liability under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or any other area of law, arising out of the use or availability of third-party information or intellectual property, User Content, or statements or opinions posted on this website.
Users and third parties agree to indemnify, on a full indemnity basis, Ocean Cobra Limited, its affiliates, subsidiaries, agents, officers, employees, contractors, suppliers, successors, third parties, assigns from and against any and all claims, obligations, demands and liabilities, including, without limitation, legal fees, arising out of: any data and/or information posted, uploaded, transmitted or otherwise provided or used by Users or third parties of this web site and/or arising out of your use of this web site or Content, including, without limitation, arising out of any decisions or transactions made pursuant to this web site or Content; and any and all claims, liabilities, or obligations resulting from you or any third party’s misrepresentations, negligence, wilful misconduct, breach of warranty or non-performance of any of the covenants or obligations under this agreement or from any misrepresentations or omissions made by you to Ocean Cobra Limited or any third party.
No party shall be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics, pandemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
Trademarks, service marks, trade names, trade dress, domain names and logos displayed on this website are Trademarks of Ocean Cobra Limited or their respective owners. You may not use any of the Trademarks without obtaining the express prior written permission of Ocean Cobra Limited or the respective owners.
This website may provide links to other websites that are completely independent of this website. Ocean Cobra Limited makes no representation or warranty as to the Content, ownership or legality of any such linked website. In no event should any link to another website be construed as an endorsement by Ocean Cobra Limited of that website, the products or services described thereon, or the veracity of Content contained on that site. Users should be aware that such linked websites might have privacy statements and/or Terms that differ from those of Ocean Cobra Limited.
TERMINATION OF USE
Ocean Cobra Limited reserves the right to terminate any Users use of this website immediately and without notice if Ocean Cobra Limited in its sole discretion determines that the Users use of this website does not comply with the Terms, or violates any local, national or international laws, interferes with others’ use of this website, or adversely affects the operations of Ocean Cobra Limited, its business or that of its affiliates or subsidiaries.
Our privacy statement is located separately on the website.
GOVERNING LAW AND JURISDICTION
Any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, Guernsey or English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of Guernsey or England and Wales.
Effective date 07/10/2022