Terms and conditions
PLEASE READ THESE TERMS CAREFULLY
BY USING OR VISITING THIS SITE, SUBSCRIBING, OR LISTING AN ITEM, YOU AGREE TO THESE TERMS AND CONDITIONS WHICH WILL BIND YOU.
If You do not accept these Terms and Conditions You must leave the site immediately.
1. Who We Are And What This Agreement Does
1.1. Boatim Inc., a Company registered in Nevada, USA under business ID NV20141525287 and whose principal executive address is at 7950 NW 53rd Street, Suite 337, Miami, FL 33166, (“Boatim” “We” “Our” “Us”),
1.2 You are a visitor to Boatim.com (“the Site”) for any reason
1.3 These terms:
1.3.1 form a binding legal agreement between you, as a user of the Site, and Us;
1.3.2 govern your use of the Site and the terms and conditions by which The Client can use the Site, subscribe for and/or access the Content;
1.3.3 apply whether you access the Site through our website https://www.boatim.com (the “Website”), via any app we might release from time to time, or through any other means. The term 'Site' as used in this policy applies to any and all such channels.
2. Definitions and Interpretation
2.1 In this Agreement the following terms will have the following meanings:
“Account” means collectively the personal/identifying information and credentials used by Users to access parts of the Site and to create Listings;
“Advertiser” means a User that wishes to or has placed a Listing on the Site;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Site;
“Listing” means an advertisement posted on the Site by an Advertiser which will provide details of the item or service offered by the Advertiser;
“Listing Fee” means the fee payable to post a Listing;
“Prohibited Items” means the items listed in sub-Clause 7.2 hereto;
“Service” means collectively any online facilities, tools, services, or information that We make available through the Site either now or in the future;
“Site” means the Site that You are currently using, Boatim.com, and any sub-domains of the Site unless expressly excluded by their own terms and conditions;
"Subscription Fee" means the fee payable on a monthly or annual basis to post multiple listings up to an agreed maximum quota specified in your Account;
“System” means any online communications infrastructure that We make available through the Site either now or in the future. This includes, but is not limited to, Listings, email addresses and online forms;
“User” means any third party that accesses the Site and is not employed by Us and acting in the course of their employment.
3. Intellectual Property
3.1 Subject to the exceptions in Clause 4 of these Terms and Conditions, all Content included on the Site, unless contained in Listings, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software throughout the world belongs to Us, or our affiliates (or our licensors) and the rights in the Site and the Content are not sold to you. You have no intellectual property rights in, or to, the Site, the Content or any other such material other than the right to use them in accordance with these terms.
3.2 By continuing to use the Site You acknowledge that such material is protected by the Paris Convention 1883 and all the other applicable intellectual property laws.
3.3 You may not print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Site unless given express written permission to do so by Us
3.4 Specifically You agree that You will not systematically copy Content from the Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given express written permission to do so by Us;
4. Third Party Intellectual Property
4.1 The rights in the intellectual property subsisting in the Content of Listings belong to the Advertisers who placed those Listings unless it is expressly stated otherwise.
4.2 Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.
5. Links to Other Sites
5.1 This Site may contain links to other Sites. Unless expressly stated, these sites are not under Our control or that of Our affiliates. We assume no responsibility for the content of such Sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Site does not imply any endorsement of the sites themselves or of those in control of them.
6. Links to this Site
6.1 Those wishing to place a link to this Site on other sites may do so only to the home page of the site www.boatim.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express permission.
7. Advertising on the Site
7.1 When submitting a Listing to the Site You must do so in accordance with the following rules:
7.1.1 You must not use obscene or vulgar language;
7.1.2 Your Listing may not contain Content that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation specific to the item or service You are advertising). This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.1.3 Your Listing may not contain Content that is intended to promote or incite violence;
7.1.4 Your Listing must be honest and fair, must not make any unsubstantiated or unsupportable claims, and must not make dishonest or unreasonable comparisons with other Advertisers;
7.1.5 Your Listing must not infringe the intellectual property rights of any third party including, but not limited to, copyright and trademarks;
7.2 You must not list any of the Prohibited Items
7.2.1 You must not post links to other Sites containing any of the above types of Content;
7.2.2 the means by which You identify Yourself must not violate these Terms and Conditions or any applicable laws;
7.2.3 Your Listing must be placed into the appropriate category;
7.2.4 You must not impersonate other people or businesses;
7.2.5 You must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
7.2.6 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”;
7.2.7 You must not infringe our intellectual property rights or those of any third party in relation to your use of the Site and any Content.
7.2.8 Your contact details such as name, address, email, phone number, and social media connections, must only be placed in the appropriate spaces on the account, not elsewhere, including in the description or in images.
7.3 You agree that We may in Our sole discretion screen, modify, approve (or reject) and/or remove any Listings submitted to the Site.
7.4 You agree that We in Our sole discretion may edit Your Listing to comply with the provisions of sub-Clause 7.2 without prior consultation with You and in cases of severe breaches of the provisions of sub-Clause 7.2 Your Listing may be removed and Your Account may be suspended or terminated. You will not be informed in writing of the reasons for any such alterations or removals.
7.5 In order to post a Listing, You are required to submit certain personal details and/or business details. By continuing to use this Site You represent and warrant that:
7.5.1 any information You submit is accurate and truthful; and
7.5.2 You will keep this information accurate and up-to-date.
7.6 By posting a Listing You warrant and represent that You are the author of that Listing or that You have acquired all of the appropriate rights and / or permissions to submit it. We accept no responsibility or liability for any infringement of third party rights by such Listings or Content. Further, You waive all moral rights in the Listing to be named as its author and grant Us licence to modify the Content as necessary for its inclusion on the Site.
7.7 We will not be liable in any way or under any circumstances for any loss or damage that You may incur as a result of such Listings, nor for any errors or omissions in any Listing. Use of and reliance upon Listings is entirely at Your own risk. You accept that while We have the right to reject, edit, modify or otherwise alter any Listing, We are not obliged so to do and that because a Listing appears on the Site does not mean that it is endorsed, approved or in any way sanctioned by Us.
7.8 Nothing in these Terms and Conditions will grant Us any rights in or to any trademarks or any other intellectual property rights contained within Your Listing or any part of it save for the right to display the same on the Site as part of Your Listing until You or We choose to remove that Listing.
7.9 You acknowledge and agree that We may retain copies of any and all communications, information, Content and Listings sent to us or submitted to the Site.
8. Accounts and Fees
8.1 Sharing of Accounts is not permitted unless expressly authorised in writing by Us. You must keep Your Account details confidential and must not reveal Your username or password to any unauthorised third parties.
8.2 A Listing Fee will be charged for each Listing You post on this Site. Listing Fees and the period that A Listing will be displayed (if time limited) are detailed on the Site. Your credit / debit card will be billed at the time at which Your Listing goes live and if You have a monthly account with Us monthly thereafter until cancellation or termination. Multiple Listings are permitted for each Account. Each new Listing will incur the standard Listing Fee.
8.3 A Subscription Fee will be charged and if You have a monthly Account with Us allowing you to post Listings up to the maximum quota specified in Your Account. Your credit / debit card will be billed at the time Your Listings go live, and monthly or annually thereafter, until cancellation or termination.
8.4 Change in prices. The prices are subject to a change with or without a notice to you. If you hold a subscription plan, we will notify you about any intended changes in prices no later than 30 calendar days in advance. Unless indicated otherwise, the price changes become effective as of the beginning of the next billing period for the subscription plan. If, after receiving our notice about planned price changes, you do not agree to the changes, you can cancel your subscription through the Account.
8.5 If You terminate a Listing and/or Your Account, or fail to pay any fee within 7 calendar days of the due date, Your Account will be suspended, Your Listing(s) will be removed immediately and You will not be refunded for any unused portions of the Listing Fee or Subscription Fee.
8.6 Listing Fees or Subscription Fees for Listings which We reject in accordance with Clause 7.2 will not be refunded.
8.7 All fees are indicated in the currency registered to your account and exclude all applicable sales taxes (for example VAT/IVA/GST), unless otherwise stated. You agree to comply with your locally applicable tax laws. We do not provide you with any tax advice. Please contact your tax advisor if you need any specific information regarding the applicable taxes.
9. Termination and/or Suspension
9.1 In the event that any of the provisions of this agreement are not followed, We reserve the right to suspend or terminate Your access to the Service at any time. Any Users banned in this way must not attempt to use the Site under any other name or by using the access credentials of another User, with or without the permission of that User or otherwise than with Our express written consent and any breach of this Clause will entitle Us to cancel all such attempts and the Listings which result without refund to You
10.2. Please be aware that Internet transmissions are never completely private or secure and that any message or information you send using the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
10.3. If there is any inconsistency between these terms and the terms of our Privacy Notice, the Privacy Notice will prevail to the extent of such inconsistency.
11.1 We make no warranty or representation that the Site will meet Your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
11.2 Save for the screening and approval of Listings which is undertaken by Us on a random basis and at Our discretion, We have neither control over, nor involvement in, any items or services advertised on the Site and We accept no responsibility for any actions taken, or any items or services provided, by any Advertisers.
11.3 Whilst every reasonable endeavour has been made to ensure that all information provided on this Site will be accurate and up to date, We make no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
11.4 No part of this Site is intended to constitute advice and the Content of this Site must not be relied upon when making any decisions or taking any action of any kind.
11.5 We make no representation or warranty that any part of this Site is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
11.6 Whilst every effort has been made to ensure that all descriptions of services available from Us correspond to the actual services available, We are not responsible for any variations from these descriptions.
11.7 Whilst We use reasonable endeavours to ensure that the Site is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
12. Availability of the Site and Modifications
12.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
12.2 We accept no liability for any disruption or non-availability of the Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.12.3 We reserve the right to alter, suspend or discontinue any part (or the whole of) the Site including, but not limited to, the products and/or services available. These Terms and Conditions will continue to apply to any modified version of the Site unless it is expressly stated otherwise.
13. Limitation of Liability
13.1 Nothing in these terms will affect your legal rights as a consumer and we do not exclude or limit in any way our liability to you where it would be unlawful to do so within the applicable jurisdiction.
13.2 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Site or any information contained therein. Users must be aware that they use the Site and its Content at their own risk.
13.3 Nothing in these terms and conditions excludes or restricts Our liability for death or personal injury resulting from any negligence or fraud on Our part
13.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Consumer Right Directive 2011/83/EU, Consumer Rights Act 2015, FTC Act, and any other applicable laws and regulations, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and will not affect the validity and enforceability of the remaining terms and conditions. This term will apply only within jurisdictions where a particular term is illegal.
14. No Waiver
14.1 In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this will not be construed as a waiver of that right or remedy.
15. Previous Terms and Conditions
15.1 In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions will prevail unless it is expressly stated otherwise.
16. Third Party Rights
16.1 Nothing in these Terms and Conditions will confer any rights upon any third party. The agreement created by these Terms and Conditions is between You and Us.
17.1 All notices / communications will be given to us either by post to the address/es published from time to time on the Site or by email to Us. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
18. If A Court Finds Part Of This Contract Illegal, The Rest Will Continue In Force
18.1. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
19. Law and Jurisdiction
19.1 These terms and conditions and the relationship between You and Us will be governed by and construed in accordance with the Laws of Florida, USA, and We and You agree to submit to the exclusive jurisdiction of the Courts of the State of FLORIDA, Miami-Dade County.
19.2 This Site is intended to operate on an international basis but You accept that We cannot be aware of the laws bye-laws rules regulations and other provisions which may affect the locality in which You, the other party to the transaction or the items offered on the Site are placed and for this reason You agree that You are entirely responsible to comply with all legislation which will or might affect that transaction and for the payment of all duties and taxes payable in respect thereof.
Boatim Inc. 7950 NW 53rd Street
Miami, FL 33166
United States of America
Phone / +1 (786) 713-2340
E-Mail / email@example.com
CEO / Wolfgang Tippner