TERMS & CONDITIONS

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1 - GENERAL

By downloading the Application (such as define herein after) you accept to agree to be bound by the present conditions of use (“Application terms and conditions”). Please read carefully the present conditions before to use the Application or to agree to them.

2 - DEFINITION

The “Application” means the software provided by Sarl YachtNeeds (“the Company”) for its Services (Services Offer) in relation with the yachting industry and related services such as exposed hereafter, to be used on Apple iOS and Android OS terminals including from time to time their subsequent updated versions or other documentation allowing the use of the mob Application.

The “User” means any individual or company that has firstly, approved the Application conditions herein and secondly, has paid the subscription fees hereafter.

The “Partners” means any companies with whom the Company has a legal partnership for providing services (such as marketing, information, software license…) to run its Application.

The “Yacht chat” means the mobile service offers by Yachtneeds exclusively to its users allowing them to communicate directly by instant message.

3 - DATA PROTECTION

All personal data you provide to YachtNeeds when using the Application will be used by the Company in order to:

  • Establish general traffic statistics on the Application and the different sections it contains;
  • Send e-mail to the User answers, various information or advertisements on the Application by the Company or its Partners;
  • send email newsletters to User (\""newsletter\"") on the evolution of the Application and on its different sections;

Pursuant to the Monégasque law No. 1.165 of the 23rd of December 1993 on the protection of personal data, amended by the Law No. 1.353 of the 4th of December 2008, the User is informed that the Application has been subject to a Declaration at the Commission of Control on Personal Data Information and thus comply with the laws in force regarding the protection of personal data;

The Company is committed to protect all of User’s personal data, which data are collected and processed by the Company with the strictest confidentiality, in accordance with the provisions of the aforesaid laws.

Pursuant to Article 14 of the Monégasque Law No. 1.165 of the 23rd of December 1993 modified, the User is, at any time, entitled to:

  • Refuse the processing of his/her personal data in the course of services provided by the Company;
  • Refuse the communication of his/her personal data to third parties;
  • Access to all of his/her personal data, processed under the Services provided by the Company;
  • Correct, update, and delete his/her personal data, processed under the Services provided by the Company;

To exercise your above rights, you may send the Company with a simple letter where you justify of your identity (provide your full name, email address and comes jointly with a copy of your ID);

If the Company ignore to answer the User’s letter within the month from its receipt, the Company is subject to the penalties provided in the Article 21 of the Monégasque Law No. 1.165 of the 23rd of December 1993 modified.

4 - DISCLOSURE TO THIRD PARTIES

Your data may be disclosed and used by our partners.

The Company may provide aggregate statistics about users of its Application, on it sales, usage patterns and other information on the Application to reliable partners. However, these statistics do not contain any personal information allowing any identification.

However and from time to time, the Company may offer third party’s offers on its Application. If you decide to accept an offer of this kind, the Company may provide contact details and some of your personal information to third party having initiating the offer.

5 - YACHTNEEDS/CHAT APPLICATION

To use the application, you must have a compatible phone or a mobile terminal, Internet access and minimum requirements.

The application allows you to access certain Services (“Service offer”) such as:

  • Search for applicable domestic regulations for exclusively jet-ski navigation (geo-localization service available);
  • Access to a Directory of Service Providers and Partners of the Company (collectively “Partners”) specialized in various areas of activity;
  • Information on various events schedules;
  • An instant chat service (“Yacht chat”) with exclusively other Users. This Chat service allows its users to notify their status of “job seeker”. Also, it offers a job recruitment part where users may post job offers;

The Application is not to be used, in any case, for boat navigation purposes, which you acknowledge to have perfectly understood by accepting the present Application terms and conditions.

Besides, you are solely responsible for the content and information you post, transmit, store, display, make available or transmit to other Users, including text messages, images or videos whether publicly posted or privately transmitted on our chat or the Application in general.

The Company reserves the right to add the use of the proposed change on the mobile application functionality, add new or delete at any time and for any reason whatsoever, without being necessary to forewarn the User;

Therefore, the version of the application software can be updated from time to time to add new features and new services.

Please note that you are solely responsible for the use of the Application under your Account including by third parties on your behalf.

Any commercial use of the Application or related service by Users is strictly prohibited. The Company may introduce any rightful action in order to terminate such abusing behavior.

6 - INTELLECTUAL PROPERTY RIGHTS

All trademarks, any copyright, all rights relating to databases and other intellectual property rights of any nature whatsoever in the Application, as well as those related to the underlying software code, are owned either directly from YachtNeeds or its licensors.

YachtNeeds grants you under your subscription to its Service offer, a free, revocable, non-exclusive, worldwide license to use the Application for your personal and professional use, in accordance with the Application terms and conditions.

Therefore, it is forbidden to :

  • make or distribute copies of the Application,
  • attempt to copy, reproduce, alter, modify, perform reverse engineer, disassemble, decompile, transfer, exchange or translate the Application;
  • create derivative works of the Application of any kind whatsoever.

By using the Application you acknowledge that it is strictly prohibited to copy or reproduce any content, whatsoever, that is posted or published on the Yacht Need Application.

7 - CONDITIONS OF USE

YachtNeeds Application is available through main existing Application Platforms.

The application is now available for free to your personal and non-commercial use. YachtNeeds reserves the right to modify or withdraw the application or to charge for the Application use or the service being provided to you in accordance with the present terms and conditions, at any time and for any reason whatsoever.

You acknowledge that the terms of the respective contract with your mobile operator will continue to apply when using the Application. It is therefore possible that the mobile operator make you pay for access to the network connection services for the duration of the connection while you navigate on the Application or that such third-party costs arise. You accept responsibility for such fees.

If you are not paying the bill for the cell phone or mobile device used to access the Application, it is assumed that you have obtained permission from the bill payer to use the Application.

You understand that when using the application you will be exposed to contents from a variety of sources, and that YachtNeeds is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such contents, and that such contents are not the responsibility of YachtNeeds. You further understand and acknowledge that you may be exposed to contents that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against YachtNeeds with respect thereto, and agree to indemnify and hold YachtNeeds, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the YachtNeeds Service.
YachtNeeds will apply no tolerance for objectionable content: moderators are in place to flag and remove inappropriate content and offensive users, users can flag objectionable content and report users generating this content or abusive users.

8 - CONNECTION

This Application is available for mobile devices using the operating systems Apple iOS and Android OS.

The Company will make every reasonable effort to ensure that the Application is available at any time. However, you acknowledge that the Application is provided through the Internet and mobile networks and therefore that factors beyond the reasonable control of YachtNeeds can affect the quality and availability of the Application.

YachtNeeds, its Partners accept no liability whatsoever for the unavailability of the Application or any difficulty or inability to download or access content or any other failure of the communication system that could make the Application unavailable.

YachtNeeds will not be responsible for support or maintenance on the Application.

9 - TERMINATION

The Company may terminate your access to the Application at any time by giving you termination notice and without the opportunity for you to claim any compensation.

Notwithstanding the above, the Company may terminate or suspend, at its sole discretion, your access to the Application at any time without notice if the Company believes that you have breached the present terms and conditions. Upon such termination or suspension, you will not be entitled to any refund for the Application subscription fees.

In addition, in case of non-payment of annual subscription fee, you will not have the opportunity anymore to use the functionality of the Application or access to its content, the subscription will be considered as terminated.

At the time of any termination, the rights and licenses that had been granted to you will be terminated as well; then you must stop using the software.

10 - DISCLAIMER

YachtNeeds or its Partners shall not be liable, directly or indirectly, to the fullest extend permitted by the Laws, for:

  • any loss of any nature whatsoever, arising from your use of the Application or your access to the Application, including loss of profit or similar, as the parties may or may not consider it, whether based on breach of contract, tort (including negligence), product liability or otherwise;
  • Any incorrect or inaccurate information or content whatsoever its authors (user, Partners or the Company) provided through the Application especially for the Partners directory, events schedule or applicable domestic regulations for (exclusively) jet ski navigation including the related geographical map; Note, the Users are sole responsible for complying with maritime regulations prior to enter the country;
  • Any incorrect, inaccurate or reprehensive content posted on the Yacht Chat service; Therefore, by using our “Yacht Chat” Application, you understand being the sole responsible for your interaction with the other Users. Besides, the Company does not conduct any compliance on its Users such as criminal backgrounds check and therefore shall not be deemed, whatsoever and to the fullest extend permitted by the laws, as responsible for its Users’ conduct, behaviours, or publications. Nevertheless, Users are able to notify the Company of any reprehensible behaviours on the following email address: info@yachtneeds.net
  • YachtNeeds company shall not be, in anyway, deemed as responsible for the information, content, offers or any publications posted in the recruitment part of the “Yacht Chat” service. Users are therefore, solely responsible for the content (especially their job advertisement) they would post, of the verification, by their own means, of the information posted and for any agreements, whatsoever its nature, that they may conclude between them. In the same way, the company does not guaranty the personal quality or work experiences of the “job seeker” users.
  • Any damages or alterations of your equipment, including but not limited to, computer equipment, mobile devices or mobile phones, following the installation or use of the Application;

In general and to the maximum extent allowed by the applicable laws, the Company provides the Application and its content on a “as is” and “as available” basis and grants no warranties of any kind, whether express, implied, or otherwise with respect to the Service offer (including all information and contents contained in the Service and therein), without limitation whatsoever.

Under no circumstances will the Company or its Partners be responsible or liable for any loss or damage resulting from your reliance on information or other content posted in the Service or other content posted in the Service, or transmitted to or by any users.

The information contained in the Application is provided for solely and exclusively indicative purpose and shall not, in any way or by any means, legally bind the Company or its partners.

Therefore, it is of the responsibility of each User, to verify by his/her own means, with professional or official public sources, the accuracy of the information or content published on the Application, which you expressly acknowledge to have been informed by your acceptance to the present Application terms and conditions.

In addition, Users are sole responsible for all interaction between them, whatsoever its nature, that is not complying with the purpose of the Service offer by the Company and especially if they would meet in person or conclude any commercial, legal or any other kind of agreement.

11 - GOVERNING LAW

This Agreement, and any dispute between you and the Company, shall be governed by the Monégasque laws and to the competence of the Courts of the Principality of Monaco, without regard to principles of conflicts of law.

You agree and accept to put your best endeavour coming to an amicable agreement with the Company, prior to resort to any legal action.

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