1.1 In these Terms and Conditions "us" and "we" shall mean The Sales Pontoon
Limited (company number 08809359) and "our" will be interpreted accordingly.
1.2 The registered office for The Sales Pontoon Limited is 2 Manorleigh Breaston
Derby Derbyshire DE72 3UJ
1.3 Your access to and use of www.thesalespontoon.co.uk (the Website) and any
Services referred to in these Term & Condition on this occassion and on each
subsequent occassion, is subject exclusively to these Terms and Conditions.
1.4 You agree not to use the Website/Services for any purpose that is unlawful or
prohibited by these Terms and Conditions.
1.5 By using the Website and / or Services you are deemed to have fully accepted all
of the terms, conditions and disclaimers that apply to its use and to the facilities
and services provided by it.
1.6 If you do not accept these Terms and Conditions you must immediately stop
using the Website and / or Services.
1.7 We reserve the right to update or amend these Terms and Conditions at any
time. Your continued use of the Website and / or Services following any changes
shall be deemed to be your acceptance of such change. It is therefore your
responsibility to check the Terms and Conditions regularly for any changes.
2. ACCESS TO OUR WEBSITE
2.1 Access to our Website is permitted on a temporary basis, and we reserve the
right to withdraw or amend the service we provide on our Website without notice.
We will not be liable if for any reason our site is unavailable at any time or for any
2.2 From time to time, we may restrict access to some parts of our Website, or our
entire Website, to users who have registered with us.
3.1 In consideration of us agreeing to allow you to use the Website to search our
database of Canal Boats and associated goods and services (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.
3.2 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time and may at times be out of date.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.
3.3 The information contained in the material in the Website is only for information
purposes. The material on the Website does not constitute advice. 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.
3.4 The Website contains material submitted and created by private and trade
dealers and other third parties. We are not responsible for the creation of this
material. We exclude all liability for any illegality arising from or error, omission or
inaccuracy in such material.
3.5 The Website publishes advertisements placed by third parties to advertise their
Boats and other goods and/or services. We do not own the Boats or goods
advertised for sale on the Website and have no liability for these or for any losses
that you may incur as a result of purchasing a Boat, goods and/or any services
advertised by third parties. If you choose to purchase a vehicle, goods and/or
services advertised for sale by third parties on the Website, the contract will be
between you and the third party advertiser and not with us.
3.6 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
(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.
3.7 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.
4. COPYRIGHT AND TRADE MARKS
4.1 All trade marks, names, and logos which identify us 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.
4.2 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 or otherwise republish it without our express written
4.3 The Website and its content (including without limitation the Website design, text,
graphics and all software and source codes connected with the Website and the
Services) are protected by copyright, trade marks, patents and other intellectual
property rights and laws. In accessing the Website you agree that you will
access the contents solely for your personal, non-commercial use. None of the
content may be downloaded, copied, reproduced, transmitted, stored, sold or
distributed without the prior written consent of the copyright holder.
4.4 We do not claim ownership of any materials you post, upload or submit to any
publicly accessible area of the Services (Content). However, by doing so you
are granting us a world-wide, royalty free, non-exclusive licence to copy,
distribute, transmit, reproduce, publicly display, edit, translate or publish such
Content for as long as you elect to display such Content via the Services. The
licence shall be terminated when such Content is deleted from the Services.
5. THE SERVICES
5.1 The Website may provide communication tools such as email, bulletin boards,
chat areas, news groups, forums and/or other message or communication
facilities including the ability to post adverts for the sale and / or purchase of
Boats (the Services).
5.2 These Services are designed to enable you to communicate with others. Except
for placing adverts for the sale and / or purchase of Boats and unless stated
otherwise the Services are for your personal and non-commercial use only.
5.3 We may at any time vary the technical specifications of the Website (or any part
of it) for operational reasons which may affect the Services (including advertising
6. PLACING ADVERTS
6.1 The provisions of this Clause 6 shall only apply if you want to place an advert
upon our Website.
6.2 You may place adverts for Boats on the Website.
6.3 All adverts must be pre-paid prior to publication. You shall be liable to pay such
rates as stated by us.
6.4 Payment must be made in the manner set out on our Website.
6.5 Only one boat may be the subject of each advert.
6.6 We aim to process and publish adverts supplied on-line promptly.
6.7 We shall provide the advertising services with reasonable care and skill.
6.8 You acknowledge and accept that it is technically impossible to guarantee that
the Website will be continuously available online or the corruption free or error
free transfer of the advert to such websites.
6.9 We do not monitor or control and shall not be responsible for the content of your
advert which you agree is your sole responsibility.
6.10 You warrant that:
(a) You have the right to sell the boat in the advert
(b) all copy information and materials that you provide to us is complete,
accurate, legal, non-defamatory, decent, honest and truthful and complies
with the British Code of Advertising Practice and all other applicable
standards and legislation;
(c) the publication of the advert by us will not breach any contract, infringe
any third party intellectual property rights or other rights; render us liable
to any proceedings; and / or
(d) in respect of any advert which contains any text or photographs or other
content by which any living person is or can be identified, you have
obtained the necessary authority of such living person and complied with
the Data Protection Act 1998 (as amended from time to time).
6.11 We may remove an advert if:
(a) You fail to comply with these Terms and Conditions
(b) We suspect that you are not complying with these Terms and Conditions;
and / or
(c) any competent law enforcement or compliance authority instructs, advises
or makes a recommendation to us to take down any of your adverts
and/or suspend the delivery of Services to you.
6.12 If we remove an advert in accordance with these Terms and Conditions we you
will not be entitled to any refund for the advert in question.
6.13 We reserve the right to refuse to publish any advert without reason and to
classify, edit and delete an advert at our sole discretion.
6.14 We shall not be liable to You for any delay in performing and/or any failure to
perform our obligations in relation to any advertising services if the delay or
failure is due to any cause beyond our reasonable control.
6.15 By submitting an advert to us, you are authorising us to place the advert on the
Website. This means that the advert together with your contact detail can
potentially be viewed by all persons with internet access throughout the world.
You consent to the publication of your data in this way.
6.16 You acknowledge and agree that by placing an advert with us, we may collect
certain personal data relating to you and/or your employees, consultants and/or
contractors (as applicable).
7. CHILD SUPERVISION
7.1 We are concerned about the safety and privacy of our users, particularly children.
Parents who wish to allow their children access to and use of the
Website/Services should supervise such access and use.
7.2 By allowing your child access to the Services you are allowing your child access
to all of the Services, including email, bulletin boards, chat areas, news groups,
forums and/or other message or communication facilities. It is therefore your
responsibility to determine which Services are appropriate for your child. Always
use caution when revealing personally identifiable information about yourself or
your children via any of the Services.
8. PRIVACY AND COOKIES
8.1 We are committed to responsible data management and subscribe to the
principles of the data protection legislation in the United Kingdom. We are
committed to maintaining the privacy of our users and maintaining the security of
8.2 We use a technology called "cookies". A cookie is an element of data that the
Website sends to your browser that is then stored on your system. We use
cookies for the following purposes:
(a) to give you the option of remainig logged in to the Website; and
(b) to keep track of the Boats you have recently viewed and to be able to
show you the Boats you have recently viewed;
8.3 If you wish to opt-out of our placing cookies on your computer, please adjust your
internet browser's settings to restrict cookies as detailed in your internet
browser's help menu. You may also wish to delete cookies which have already
been placed. For instructions on how to do this, please consult your internet
browser's help menu.
9. USER ACCOUNT, PASSWORD AND SECURITY
9.1 If a particular Service requires you to open an account you will be required to
complete the registration process by providing certain information and registering
a username and password for use with that Service.
9.2 You are responsible for maintaining the confidentiality of the username and
password and also for all activities which take place under your account. You
agree to immediately notify us of any unauthorised use of your password or
account or any other breach of security.
9.3 In no event will we be liable for any indirect or consequential loss or damage
whatsoever resulting from the disclosure of your username and/or password by
you to anyone. You may not use another person's account at any time, without
the express permission of the account holder.
10. ACCEPTABLE USE
10.1 You acknowledge that all information, text, graphics, logos, photographs, images,
moving images, sound, illustrations and other materials (the Content), whether
posted publicly or transmitted privately, are the sole responsibility of the person
from whom such Content originated.
10.2 We do not control or endorse the Content and cannot guarantee the accuracy,
integrity or quality of such Content and you acknowledge that by using the
Services you may be exposed to Content that is offensive and/or indecent.
10.3 We will not be liable in any way for any Content or for any loss or damage of any
kind resulting from the use of any Content transmitted via the Services and you
agree to bear all risks associated with the use of any Content, including any
reliance on the accuracy or completeness of such Content.
10.4 In using the Website/Services you agree not to:
(a) use the Services to send junk email, spam, chain letters, pyramid
schemes or any other unsolicited messages, commercial or otherwise;
(b) post, publish, distribute or disseminate material or information that is
defamatory, infringing, obscene, indecent, threatening, abusive, harassing
(c) post, publish, distribute or disseminate material or information that incites
discrimination, hate or violence towards any person or group on account
of their race, religion, disability, nationality or otherwise;
(d) threaten, abuse, disrupt, stalk or otherwise violate the legal rights
(including rights of privacy and publicity) of others;
(e) use any information or material in any manner that infringes any copyright,
trademark, patent or other proprietary right of any party;
(f) make available or upload files that contain a virus, worm, trojan or corrupt
data that may damage the operation of the computer or property of
(g) collect or store personal information about others, including email
(h) advertise or offer to buy or sell goods or services for any commercial
purpose, unless such communication facility specifically allows such
(i) impersonate any person or entity for the purpose of misleading others;
(j) violate any applicable laws or regulations;
(k) use the Website/Services in any manner that could damage, disable,
overburden or impair the Website/Services or interfere with any other
party's use and enjoyment of the Website/Services;
(l) post, publish, distribute or disseminate material or information that you do
not have a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information or confidential information
disclosed in the course of employment or under a confidentiality
(m) attempt to gain unauthorised access to any of the Services, other
accounts, computer systems or networks connected to the
Website/Services through hacking, password mining or any other means.
10.5 We have no obligation to monitor the Services but shall be entitled to review
materials posted to a communications facility and, at our sole discretion, to
remove any material that breaches these Terms and Conditions or is otherwise
11.1 We have the right to terminate your access to the Website and / or any or all of
the Services at any time, without notice, for any reason, including without
limitation, breach of these Terms and Conditions.
11.2 We may also at any time, at our sole discretion, discontinue the Website and / or
Services or any part thereof without prior notice and you agree that we shall not
be liable to you or any third party for any termination of your access to the
12. LINKS TO THIRD PARTY WEBSITES
12.1 The Website and / or Services may include links to third party websites that are
controlled and maintained by others. Any link to other websites is not an
endorsement of such websites and you acknowledge and agree that we not
responsible for the content or availability of any such sites.
13. INTERNATIONAL USE
13.1 You agree to comply with all applicable laws regarding the transmission of
technical data exported from the United Kingdom or the country in which you
reside (if different) and with all local laws and rules regarding acceptable use of
and conduct on the Internet.
14.1 You agree to indemnify and hold us harmless from and against any breach by
you of these Terms and Conditions and any claim or demand brought against us
by any third party arising out of your use of the Services and/or any Content
submitted, posted or transmitted through the Services, including without
limitation, all claims, actions, proceedings, losses, liabilities, damages, costs,
expenses (including reasonable legal costs and expenses) howsoever suffered or
incurred by us in consequence of your breach of these Terms and Conditions.
15. DISCLAIMERS AND LIMITATION OF LIABILITY
15.1 Use of the Website and / or Services is at your own risk.
15.2 The Website/Services are provided on an "AS IS" and "AS AVAILABLE" basis
without any representation or endorsement made and without warranty of any
kind whether express or implied, including but not limited to the implied
warranties of satisfactory quality, fitness for a particular purpose, non-
infringement, compatibility, security and accuracy.
15.3 To the extent permitted by law, we will not be liable for:
(a) any indirect or consequential loss or damage whatsoever;
(b) loss of income or revenue;
(c) loss of business;
(d) loss of profits or contracts;
(e) loss of anticipated savings;
(f) loss of data;
(g) loss of goodwill;
(h) wasted management or office time;
(i) for any other loss or damage of any kind, howsoever arising and whether
caused by tort (including negligence), breach of contract or other wise,
even if foreseeable; and / or
(j) loss of business, opportunity, data or profits;
arising out of or in connection with the use of the Website and / or Services.
15.4 We make no warranty or guarantee that:
(a) the Website/Services will meet your requirements;
(b) that Content will be accurate or reliable;
(c) that the functionality of the Website/Services will be uninterrupted or error
free; and / or
(d) that defects will be corrected or that the Website/Services or the server
that makes them available are free of viruses or anything else which may
be harmful or destructive.
15.5 Where applicable our total liability to you in contract, tort (including, without
limitation, negligence), statutory duty or otherwise (unless otherwise excluded)
shall not exceed the amount paid by you for the relevant advertising services in
the week during which the event giving rise to the liability occurred.
15.6 Nothing in these Conditions shall exclude or restrict our liability for death or
personal injury caused by our negligence, for fraudulent misrepresentation and /
or for any other liability which we are not permitted to exclude or limit by law.
15.7 Nothing in these Terms and Conditions shall affect your statutory rights as a
16.1 If any of these Terms and Conditions should be determined to be invalid, illegal
or unenforceable for any reason by any court of competent jurisdiction then such
Term or Condition shall be severed and the remaining Terms and Conditions
shall survive and remain in full force and effect and continue to be binding and
17. GOVERNING LAW
17.1 These Terms and Conditions shall be governed by and construed in accordance
with the law of England and you hereby submit to the exclusive jurisdiction of the