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User Terms & Conditions ("the agreement")

Access to the website is subject to the following terms and conditions. Please take the time to read through these before continuing to use the website.

On accessing the website on this and on each subsequent occasion you will be deemed to have accepted all of the terms and conditions that apply to its use and to the facilities and services provided by it. We reserve the right to alter these terms and conditions at any time and it is your obligation to check if changes have been made. Your use of the website after changes are posted on-line shall constitute acceptance of the new terms and conditions.

In these terms and conditions: "we/us/our" means Baily Publications Ltd. trading as Afloat magazine; "website" means the website; "you"/"your" means the user of the Website.

1. Content

In consideration of our agreeing to permit you to use the website to search our database of boats, you agree that you will only use, reproduce and print materials comprising the results of such searches for your own personal, non-commercial purposes. In particular, you must not use the contact details provided by private advertisers of boats to contact such advertisers other than in connection with a genuine enquiry relating to the purchase by you of the boat in question.

The pages contained in the website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.

The information contained in the material in the website is only for information purposes. The material on the website does not constitute advice and you should not rely on any material on the website to make (or refrain from making) any decision or take (or refrain from taking) any action.

The website contains material submitted and created by private and trade dealers and other third parties. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material.

We give no warranties, conditions, guarantees or representations, express or implied, as to:- (a) the completeness or accuracy of the advice and information contained on the website or any website to which it is linked; (b) the content of the advertisements for boats included in our database, including but not limited to the ownership, quality, authenticity of any photographs, compliance with description or fitness for purpose of any such boats; (c) the completeness of the results of any search of our database or that the boats selected by the search are the only boats on our database which might meet the searcher's requirements.

2. Copyright and trade marks

All rights, including copyright, in the content of these web pages and in the photographs of any boats displayed on the website from time to time and all database rights in our database of boats, are owned or controlled for these purposes by us.

All trade marks, names, and logos are the proprietary marks of us or of our associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on you any licence or right under any trade marks, names or logos.

Except as expressly permitted by these terms and conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of the website. In particular, you must not cache any of the contents for access by third parties nor mirror or frame any of the content of the website nor incorporate it into another website without our express written permission.

3. Liability

We will need to carry out routine maintenance and servicing of our servers and equipment from time to time. While we will seek to keep disruption to a minimum we cannot guarantee that the website will be continuously available on-line. We therefore provide the Website on an "as is" and "as available" basis.

We make no warranty that the website (or websites which are linked to the Website) is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software.

We are not liable for any failure to perform any of our obligations under these terms and conditions caused by matters beyond our reasonable control.

We shall not be liable for any damages, including without limitation, direct, indirect or consequential damages, howsoever arising out of your use of the Website or in respect of any of your actions or omissions taken in reliance on any of the advice or information contained on the website or any website to which the Website is linked.

Nothing in these terms and conditions limits our liability for death or personal injury resulting from our negligence.

4. Links to non-Afloat sites

The website contains hypertext links to websites that are not operated by us or by our associated companies. We do not control such websites and are not responsible for their content. Our inclusion of hypertext links to such websites does not imply any endorsement of the material contained on the websites or of the owners.

5. Links to the Website

You may establish a hypertext link to the home page of the Website, but not otherwise, without the need for our written consent, provided there is thereby no implied endorsement or sponsorship of you, your company or your website by us.

6. Registration details

To gain access to certain services on the Website you will need to register (free of charge). As part of the registration process, you will be given a username and password. You agree that the information supplied with your registration will be truthful, accurate and complete. You also agree that you will not attempt to register in the name of any other individual nor will you adopt any username with we deem to be offensive. All personal information supplied by you as part of the registration process will be protected and used in accordance with the terms of our Privacy Policy.

7. General

We reserve the right to assign or subcontract any or all of our rights and obligations under these terms and conditions to a third party. If we exercise this right, we shall name the assignee or subcontractor on the Website and you will be entitled to terminate the account within 5 working days. You may not without our prior written consent assign or dispose of any rights or obligations arising under these terms and conditions.

These terms and conditions of access together with our privacy policy contain the entire agreement and understanding between the parties relating to the Website, and supersede any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either party. We exclude all representations and warranties relating to access to use of the Website, whether they are statutory or otherwise, as far as is possible by law.

If any of these terms and conditions shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.

These terms and conditions shall be governed by and in accordance with Irish law and subject to the exclusive jurisdiction of the Irish Courts.

If you do not agree to obey these terms and conditions you must stop using the website immediately.

Correspondence

All correspondence relating to the website should be sent to: Baily Publications Ltd. 2 Lower Glenageary Road, Dun Laoghaire, Co. Dublin, Ireland

Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it , Telephone: 353 1 284 6161