Terms & Conditions - July 2020
These terms and conditions detail how Compleosuperyachts.com website (the "Website") can be used. If you use the Website you agree to be bound by these terms and conditions.
A. GENERAL SECTION
1. Definitions
In these terms and conditions, "we" and "us" mean Compleosuperyachts.com which is a trading name of Compleo Superyachts
Limited (company number) whose registered address is (Address)
2. Access to the Website and content
a. We will endeavour to allow uninterrupted access to the Website, but access to the Website may be suspended, restricted, or
terminated at any time.
b. We reserve the right to change, modify, substitute, suspend or remove without notice any information or service on the
Website from time to time.
3. Our service
a. In most channels on the Website we will prompt you to complete an online fact-finding questionnaire relating to the type of product or service you are looking for. Our service allows you to use our software to access third party websites and collect information from those third-party providers who offer the product or service you selected. The information collected will be based on the information you provided in the questionnaire. We then present that information to you on a results page. The information on the results page is simply a table setting out the type of product or service you have selected ranked on a basis. For example, in the insurance channel the insurance policies are ranked by premium price commencing with the lowest.
b. After you have completed and submitted an application via the Website, we will send you an e-mail acknowledging that the application has been submitted. Once submitted, your application will be sent directly to your chosen provider so that it can be processed. After your chosen provider has processed your application, it should inform you as to whether your application has been successful. If you do not hear from the provider within a reasonable period, we recommend that you contact the provider direct. If you require any provider's contact details, please contact our Customer Services Team at customerservices@Compleosuperyachts.com who will be happy to assist.
c. The fact that a product or service is presented on the results page does not constitute a guarantee or a representation of our belief that that product or service is suitable for you, is still available or will be made available to you by the provider. We accept no responsibility whatsoever if a provider refuses to give you a quote for any product or service.
d. We grant you a non-exclusive, revocable, non-transferable license to use the software on our server to access and collect information from the websites of third-party providers as permitted by use of our service.
e. Using our service allows you to access software on our server which you are licensed to use (as set out in clause 3(d)) to obtain information from the websites of third-party providers. When you use the service, you cause our software to send a request to the third-party providers for information regarding products and/or services. You acknowledge and agree that when you access and collect information from the third party sites using our software, you do so, on your own behalf and that you have not appointed us to act as your agent. We simply make our service and software available to you by which you may access such third-party sites.
4. Intellectual Property
a. The copyright and all other intellectual property rights in the material contained in the Website, together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to us or our licensors. All rights are reserved. None of this material may be reproduced or redistributed without our prior written permission. You may, however, download or print a single copy for your own non-commercial off-line viewing.
b. All rights in Compleosuperyachts.com and logo are owned by Compleo Superyachts Limited. Other product and company names mentioned on this Website are the trademarks or registered trademarks of their respective owners.
c. You shall retain ownership of the data you submit to the Website. You grant us a world-wide, royalty-free, non-terminable license to use, copy, distribute, publish, and transmit such data in any manner.
5. Disclaimer
We are not authorized to carry out any regulated activities, as defined by the Financial Services and Markets Act 2000. For example, we are not authorized to give any investment advice. Nothing within the Website is, or shall be deemed to constitute, financial or other advice or a recommendation to purchase any product or service. All information provided within the Website is for general information purposes only. We strongly recommend that independent professional advice is obtained before you purchase any product and/or service via the Website.
6. Exclusions of liability
a. We use reasonable endeavours to ensure that the data on the Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Website will be fault free and we do not accept liability for any errors or omissions.
b. We do not monitor, verify, or endorse information submitted by us or third-party providers for inclusion on the Website and you should be aware that such information may be inaccurate, incomplete, or out of date. We do not monitor, verify, or endorse the information or quotations collected from the product and service providers and presented to you on the results page. To the extent permitted by applicable law, we disclaim all warranties, terms, and representations (whether express or implied) as to the accuracy of any information contained on the Website.
c. We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.
d. Due to the nature of electronic transmission of data over the internet, any liability we may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law.
e. Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence or for our fraud, or excludes or limits our duties or any liability under the Financial Services and Markets Act 2000, as amended, ("FSMA") or any conduct of business rules developed pursuant to FSMA.
f. Subject to the liability which we accept in clause 6.5: (a) our aggregate liability to you arising out of or in connection with this agreement or use of the Website shall not exceed £100; and (b) we shall not be liable in contract, tort or otherwise howsoever arising out of or in connection with this agreement or use of the Website for any indirect loss *, consequential loss, loss of profits, data, revenue, business opportunity, anticipated savings, goodwill or reputation. * For losses that were not foreseeable to both parties when the contract was made * for losses that were not caused by any breach on part of the supplier * for business losses and/or losses to non-consumers.
g. Clauses 6, a, b, c, d, e and f do not affect your Statutory Rights as a consumer.
7. Exclusion of liability for third party providers' products and services
You can apply for and buy several products and services via the Website. Please be aware that most products and services that appear on the Website are not provided by us and are provided by third parties over whom we do not have control. You should satisfy yourself that you wish to purchase those products or services before contracting with the third parties. We accept no liability for any products or services, or information provided by third party providers. The third-party providers will be supplying products and services on their own standard terms and conditions and you should check that you agree to those terms and conditions before making an application.
Clause 7 does not affect your Statutory Rights as a consumer
8. Data submitted by you
You warrant that you have taken all reasonable precautions to ensure that any data you submit to the Website is true and accurate and free from viruses and anything else which may have a contaminating or destructive effect on any part of the Website or any other technology.
9. Your telephone calls
Telephone calls that you make to our customer service help line on may be monitored or recorded. This will help us to train our staff and improve our service to you. A recording will only be used under proper and careful supervision. Our customer service help line is available Monday to Friday 9.00am to 5.30pm GMT, all calls will be charged at local rate.
10. Complaints
a. Our aim is always to provide you with an excellent service. However, if you are unhappy with our service for any reason, please write to our Customer Services Team (Complaints Handling) at our address given above or email the team at complaints@Compleosuperyachts.com. Any complaints received will be dealt with in accordance with our complaints procedure which is set out here. You should put your complaint in writing and address it to our Customer Services Team at our address given above.
b. We will acknowledge in writing your complaint within 5 working days and we will endeavour to respond in detail to any complaint within 21 days of receipt by us of such complaint.
c. If you are unhappy with any product or service that you have been introduced to through any of our channels, we recommend that you approach the provider of that product or service direct. If you require any provider's contact details, please contact our Customer Services Team who will be happy to assist.
d. If we are unable to resolve your complaint through our internal complaints procedure, you may write to The Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London, E14 9SR; Telephone: 0845 080 1800; Email: quiries@financial-ombudsman.org.uk; Website www.financial-ombudsman.org.uk.
11. Payment
You shall pay any registration fees and/or other charges incurred by you in accordance with the payment provisions set out on the Website from time to time.
12. Data protection
We are committed to protecting your privacy. Our privacy practices are set out in our Privacy Policy. We may disclose your details or access your account if required to do so by law, by the Financial Services Authority, the Office of Fair Trading or any other applicable regulator, compliance monitor, Governmental or law enforcement agency.
13. Termination
a. We may terminate or suspend your access to the Website and the services within it at any time.
b. All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between
us for any reason.
14. General
a. The content of this Website is directed solely at those who access the site from the United Kingdom. We make no representation that any product or service referred to in this Website is available or otherwise suitable for use outside of the United Kingdom.
b. The Website is for your non-commercial, personal use only and must not be used for business purposes.
c. If any provision of this agreement is held to be unlawful, invalid, or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
d. If we fail to enforce a right under this agreement, that failure will not prevent us from enforcing other rights or the same type of right on a later occasion.
e. We may modify these terms and conditions at any time. Your continued use of the Website signifies your acceptance of such
modifications.
f. Except as set out in clause 14.7, neither party may assign or transfer any of its rights under these terms and conditions without the prior written consent of the other.
g. We may assign or transfer our rights under this agreement pursuant to a re-organization or trade or share sale, or to any company in the Compleo Superyachts Limited group of companies for our convenience.
h. Unless expressly provided in this agreement, no term of this agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
15. Governing law
These terms and conditions are governed by and construed in accordance with English law. Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which each party submits.
