PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING NXGENCHARTER.COM AND RELATED SITES ("THE SITES"). YOUR ATTENTION IS DRAWN IN PARTICULAR TO CLAUSE 8 (WARRANTIES), CLAUSE 9 (OUR LIABILITY), AND CLAUSE 10 (YOUR LIABILITY).
1. Introduction
1.1. The Sites are operated by Nxgen Charter Limited (“Nxgen Charter”, “we”, “us”, “our”). We are a limited company registered in England and Wales with company number 4370794, and our registered office is at TBC, London, WXY ZZZ. You can contact us here Contact Us. Our VAT number is XXXXXX.
1.2. These Terms and Conditions, including our Privacy Policy and Notice and Takedown Policy, are collectively referred to as "these Terms". By using our Sites and any services we provide through them (the “Services”), you agree to these Terms. If you do not agree, please do not use our Sites or Services.
1.3. Certain uses of the Sites and our systems ("Systems") are prohibited and may constitute misuse. See clause 2 for details.
1.4. You may print and retain a copy of these Terms. They represent a legal agreement between you and us. We may update these Terms at any time, and any changes will be posted on the Sites. You are expected to check this page periodically to stay informed of any changes, as they are binding. Your continued use of the Sites indicates acceptance of the current version of these Terms.
1.5. Access to our Sites is on a temporary basis. We may change or withdraw the Services without notice. We are not liable if our Sites are unavailable at any time. From time to time, we may restrict access to certain parts of our Sites, or the entire Sites, to registered users.
1.6. We aim to update our Sites regularly and may change the content at any time. We may suspend access to the Sites or close them indefinitely if necessary. Any material on our Sites may be out of date, and we are under no obligation to update it.
2. Your Obligations and Conduct
2.1. You are responsible for making all arrangements necessary to access our Sites. You must ensure that anyone who accesses our Sites through your Internet connection is aware of and complies with these Terms.
2.2. You must not misuse our Systems or the Sites. Prohibited actions include:
- (a) Attempting to gain unauthorized access to, hack into, or disrupt our Systems or the Sites.
- (b) Conducting denial-of-service attacks on our Sites.
- (c) Withholding information that affects our ability to provide Services or the security of our Sites.
- (d) Interfering with the normal operation of the Sites or attempting to access them using unauthorized methods.
- (e) Reverse engineering or decompiling any part of the Sites or Systems.
- (f) Using Bots, automated programs, or AI to access or interact with the Sites without our express permission. This includes, but is not limited to, web crawlers, spiders, and other automated agents.
2.3. You must not create "deep links" to any page on the Sites without our prior written consent. Our Sites must not be framed on any other site, nor may you create a link to any part of our Sites other than the home page without our prior written consent.
2.4. You must not upload or use inappropriate or offensive language or content or solicit any commercial services in any communication, form, or email you send or submit from or to the Sites.
3. Registration
3.1. Some Services on our Sites are free, while others require payment. We reserve the right to change the cost of Services or to charge for Services that are currently free. We will notify you before such changes take effect. To receive details of yachts on www.nxgencharter.com, you must subscribe to the service (“Subscription”). Please Contact Us for more information about Subscriptions and applicable terms and conditions. We may refuse your Subscription application at our discretion. If we accept your application, we will confirm by email.
3.2. Each Subscription is for a single user unless otherwise specified. You must not share your username and password with others or use them on multiple devices.
3.3. You must provide accurate and complete information when subscribing.
3.4. You are solely responsible for keeping your account details and password confidential. Notify us immediately of any unauthorized use or security breaches.
3.5. By registering, you accept responsibility for all activities under your account and agree not to sell, transfer, or assign your membership rights.
4. Intellectual Property
4.1. The copyright and all other intellectual property rights in the Sites (including database rights, patents, trademarks, service marks, trading names, domain names, text, graphics, code, files, and links) belong to us or our licensors. These rights are reserved. You may download material from the Sites solely for personal use. You must not copy, transmit, modify, create derivative works from, distribute, republish, store, frame, or link to any material or information on or downloaded from the Sites without our prior written consent. Acknowledge our status (and that of any identified contributors) as the authors of material on our Sites.
4.2. These Terms do not grant you the right to use our trademarks or other brand elements without our express permission.
4.3. We respect the intellectual property rights of others and operate on a "notice and takedown" basis. If you believe your work has been infringed or notice any infringing material, contact us at Contact Us using the form specified in our Notice and Takedown Policy. We will make reasonable efforts to remove infringing content promptly.
4.4. We reserve the right to terminate your license to use the Sites or Services if we determine that you are involved in infringing activities.
5. Content Provided by Third Parties
5.1. We distribute content supplied by third parties known as "Contributors" and users of the Sites. We do not have editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content made available by Contributors and users are those of the respective authors and not of Nxgen Charter. We do not guarantee the accuracy, completeness, or usefulness of such information. It is your responsibility to evaluate the information available through the Sites. Nxgen Charter is not liable for any reliance you place on such information.
5.2. The information on the Sites is for general information purposes only. It should not be relied upon as the sole basis for making decisions. Consult primary, accurate, complete, or timely sources of information before making decisions. Any reliance on the material on the Sites is at your own risk. The Sites may contain historical information, which is provided for reference only. We reserve the right to modify the contents of the Sites at any time without obligation to update any information.
5.3. This Site may include information provided by third parties, such as users, Contributors, news services, and other content providers. Such content reflects the thoughts and opinions of its creators and does not imply endorsement or responsibility by Nxgen Charter.
6. Termination
6.1. If you breach any of these Terms, we may take any or all of the following actions without limitation: (a) issue a warning; (b) temporarily or permanently withdraw your right to use our Sites; (c) take legal action against you; and/or (d) disclose information to law enforcement authorities as necessary.
7. Warranty
7.1. Nxgen Charter warrants that the Services will be provided using reasonable care and skill. Except as expressly stated, we do not make any warranties, representations, or guarantees with respect to the Services, the Sites, or the content, information, materials, or products included on the Sites, including warranties of non-infringement, merchantability, and fitness for a particular purpose.
7.2. While we strive to offer the best service possible, we cannot guarantee that the Services will be fault-free. If a fault occurs, please report it to us Contact Us and we will attempt to correct it promptly. Access to the Sites may be restricted occasionally for repairs, maintenance, or the introduction of new facilities or Services.
8. Our Liability
8.1. To the fullest extent permitted by law, Nxgen Charter, its officers, directors, employees, shareholders, or agents exclude all liability for any loss or damage that may result to you or a third party in connection with the Services or the Sites. This includes, without limitation, direct, indirect, special, punitive, or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from business interruption, whether in tort (including negligence), contract, or otherwise.
8.2. If we are liable to you, our liability will be limited to the amount paid by you for the relevant Subscription or Services. This limit does not apply to liability for death or personal injury resulting from our negligence or fraudulent misrepresentation.
9. Your Liability
9.1. You will be responsible for any losses we suffer as a result of your breach of these Terms.
10. General Provisions
10.1. These Terms constitute the entire agreement between you and us regarding the use of the Services and the Sites, superseding any prior agreements.
10.2. If any provision of these Terms is found invalid by a court of competent jurisdiction, the parties agree that the court should give effect to the parties' intentions as reflected in the provision, and the remaining provisions will remain in full force and effect.
10.3. These Terms are governed by English law. Any dispute arising from these Terms will be subject to the exclusive jurisdiction of the courts of England and Wales.
11. Contact Information
11.1. If you have any questions or comments about these Terms, please contact us at:
Nxgen Charter Limited,
TBC, London,
WXY ZZZ