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Terms of Website Use


Please read these terms and conditions carefully before using this site.

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Terms of Website Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

These terms of use (together with our Website Terms and Conditions of Supply) set out the terms on which you may make use of our website www.willitmaketheboatgofaster.com (our site). Use of our site includes accessing, browsing or purchasing products or services from our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.

OTHER APPLICABLE TERMS

If you purchase products or services from our site, our Website Terms and Conditions of Supply will apply to the sales.

1. INFORMATION ABOUT US

1.1. We operate the website www.willitmaketheboatgofaster.com. We are Will It Make The Boat Go Faster? Limited, a company registered in England and Wales under company number 08229286 and with our registered office at Britannia House, Roberts Mews, Orpington, Kent, BR6 0JP. Our VAT number is 153156917.

1.2. We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

2. CHANGES TO OUR SITE

2.1. We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

2.2. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

3. ACCESSING OUR SITE

3.1. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

3.2. You are responsible for making all arrangements necessary for you to have access to our site.

3.3. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these website terms of use and other applicable terms and conditions, and that they comply with them.

4. PRIVACY POLICY

4.1. We may collect and process the following data about you:

4.1.1. Information that you provide by filling in forms on our site.

4.1.2. If you contact us, we may keep a record of that correspondence.

4.1.3. We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.

4.1.4. Details of transactions you carry out through our site and of the fulfilment of your orders.

4.2. We may collect information about your computer, including where available your IP address, operating system and browser type. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

4.3. Our website uses cookies to distinguish you from other users of our website. A cookie is a small file of letters and numbers that we put on your computer if you agree. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.

4.4. The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

4.5. Unfortunately, the transmission of information via the internet is not completely secure. Although we will use reasonable endeavours to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

4.6. We use information held about you in the following ways:

4.6.1. To ensure that content from our site is presented in the most effective manner for you and for your computer.

4.6.2. To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.

4.6.3. To carry out our obligations arising from any contracts entered into between you and us.

4.6.4. To allow you to participate in interactive features of our service, when you choose to do so.

4.6.5. To notify you about changes to our service.

4.7. We may also use your data to provide you with information about products and services which may be of interest to you and we may contact you about these by e-mail.

4.8. We may disclose your personal information to third parties:

4.8.1. in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;

4.8.2. if Will It Make The Boat Go Faster? Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;

4.8.3. in the case of our third party facilitators/trainers, if reasonably required by them; or

4.8.4. if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply these website terms of use or our Website Terms and Conditions of Supply and other agreements, or to protect the rights, property, or safety of Will It Make The Boat Go Faster? Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

4.9. You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes. You can exercise the right at any time by contacting us at info@willitmaketheboatgofaster.com.

4.10. Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

4.11. We are the data controller for the purpose of the Data Protection Act 1998 (“the Act”). The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

5. ACCEPTABLE USE POLICY

5.1. You may use our site only for lawful purposes. You may not use our site:

5.1.1. in any way that breaches any applicable local, national or international law or regulation;

5.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

5.1.3. for the purpose of harming or attempting to harm minors in any way;

5.1.4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

5.1.5. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

5.2. You agree not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms of website use.

5.3. You agree not to access without authority, interfere with, damage or disrupt:

5.3.1. any part of our site;

5.3.2. any equipment or network on which our site is stored;

5.3.3. any software used in the provision of our site; or

5.3.4. any equipment or network or software owned or used by any third party.

5.4. We may from time to time provide interactive services on our site. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

5.5. We will use reasonable endeavours to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards set out in clause 5.7, whether the service is moderated or not.

5.6. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

5.7. Where you contribute to our site, each part of any contribution, as well as its whole, must:

5.7.1. be accurate (where they state facts);

5.7.2. be genuinely held (where they state opinions);

5.7.3. comply with applicable law in the UK and in any country from which they are posted;

5.7.4. not contain any material which is defamatory of any person;

5.7.5. not contain any material which is obscene, offensive, hateful or inflammatory;

5.7.6. not promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

5.7.7. not infringe any copyright, database right or trade mark of any other person;

5.7.8. not be likely to deceive any person;

5.7.9. not be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

5.7.10. not promote any illegal activity;

5.7.11. not be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

5.7.12. not be likely to harass, upset, embarrass, alarm or annoy any other person;

5.7.13. not be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

5.7.14. not give the impression that they emanate from us, if this is not the case;

5.7.15. not advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

5.8. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

5.9. Failure to comply with this acceptable use policy constitutes a material breach of these website terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

5.9.1. Immediate, temporary or permanent withdrawal of your right to use our site.

5.9.2. Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.

5.9.3. Issue of a warning to you.

5.9.4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

5.9.5. Further legal action against you.

5.9.6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

5.10. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited and we may take any other action we reasonably deem appropriate.

6. YOUR ACCOUNT AND PASSWORD

6.1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

6.2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

6.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@willitmaketheboatgofaster.com.

7. INTELLECTUAL PROPERTY RIGHTS

7.1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

7.2. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

7.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

7.4. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

7.5. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

7.6. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

8. NO RELIANCE ON INFORMATION

8.1. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

8.2. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

9. LIMITATION OF OUR LIABILITY

9.1. Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

9.2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

9.3. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

9.3.1. use of, or inability to use, our site; or

9.3.2. use of or reliance on any content displayed on our site.

9.4. If you are a business user, please note that in particular, we will not be liable for:

9.4.1. loss of profits, sales, business, or revenue;

9.4.2. business interruption;

9.4.3. loss of anticipated savings;

9.4.4. loss of business opportunity, goodwill or reputation; or

9.4.5. any indirect or consequential loss or damage.

9.5. If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

9.6. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

9.7. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

9.8. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in our Website Terms and Conditions of Supply.

10. UPLOADING CONTENT TO OUR SITE

10.1. Whenever you make use of a feature that allows you to upload content to our site or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy at clause 5 above.

10.2. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

10.3. Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.

10.4. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.

10.5. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

10.6. The views expressed by other users on our site do not necessarily represent our views or values.

11. VIRUSES

11.1. We do not guarantee that our site will be secure or free from bugs or viruses.

11.2. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

11.3. You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

12. LINKING TO OUR SITE

12.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

12.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

12.3. You must not establish a link to our site in any website that is not owned by you.

12.4. Our site must not be framed on any other site nor may you create a link to any part of our site other than the home page.

12.5. We reserve the right to withdraw linking permission without notice.

12.6. The website in which you are linking must comply in all respects with the content standards set out in our acceptable use policy at clause 5 above.

12.7. If you wish to make any use of content on our site other than that set out above, please contact info@willitmaketheboatgofaster.com.

13. THIRD PARTY LINKS AND RESOURCES IN OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

14. APPLICABLE LAW

14.1. If you are a consumer, please note that these website terms of use, their subject matter and their formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

14.2. If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England.

15. CONTACT US

To contact us, please email info@willitmaketheboatgofaster.com.

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