Terms and conditions of use

This website is specifically made for the luxury yachting industry. xullux is a place where all parties involved in this industry can exchange interesting business information.

If you participate, you must undertake the following requirements:

– Businesses must deliver goods, services and training according to the highest standards
– Always be honest and clear
– All agreements must be honoured
– In case of unforeseen circumstances, do your utmost to find a reasonable solution together
– No bribery

1. Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

2. Copyright notice

2.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. Permission to use website

3.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;

(d) stream audio and video files from our website using the media player on our website; and

(e) use our website services by means of a web browser,

subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website for your own personal and business purposes; you must not use our website for any other purposes.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

3.6 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

4. Misuse of website

4.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(d) probe, scan or test the vulnerability of our website without our permission;

(e) circumvent any authentication or security systems or processes on or relating to our website;

(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

(h) decrypt or decipher any communications sent by or to our website without our permission;

(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(k) use our website except by means of our public interfaces;

(l) violate the directives set out in the robots.txt file for our website;

(m) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

(n) do anything that interferes with the normal use of our website.

4.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5. Use on behalf of organisation

5.1 If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

(a) yourself; and

(b) the person, company or other legal entity that operates that business or organisational project,

to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.

6. Registration and accounts

6.1 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

6.2 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.3 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.

7. User login details

7.1 If you register for an account with our website, you will be asked to choose a user ID and password.

7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 14; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3 You must keep your password confidential.

7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8. Cancellation and suspension of account

8.1 We may:

(a) suspend your account;

(b) cancel your account; and/or

at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.

8.2 You may cancel your account on our website using your account control panel on the website. You will not be entitled to any refund if you cancel your account in accordance with this Section 8.2.

9. Directory

9.1 We publish a directory of businesses operating in the luxury yachting industry on our website and you may use the directory for personnel and or business use.

10. Paid directory listings

10.1 You may submit a paid listing or news update to our directory by following this process:

– Click on “Add Listing” in the header or on the homepage
– Select a price plan. You must start with a business listing before you can add a news item.
– Fill in all the requested information to create the listing or news item. Instructions are given per fill-in field
– The first time you must fill in your company details to create an account.
– Click pay by Wire Transfer
– Via your account dashboard you can update your listing and news items and create/update events. Further you can see basic user statistics

10.2 You will have the opportunity to identify and correct input errors by logging in to your account interface on our website.

10.3 If we accept a paid directory submission, it will remain published on our website for a period of 1 year for a Business Listing and 90 days for a News Listing, subject to termination or deletion in accordance with these terms and conditions.

10.4 We may delete a paid directory listing at any time, providing that if we delete a paid listing in accordance with this Section 10.4 before the end of the period in respect of which listing fees have been paid, we will refund to you a portion of those listing fees reflecting the unexpired listing period, such portion to be calculated by us on a pro rata basis using any reasonable methodology.

11. Rules about directory submissions

11.1 For the avoidance of doubt, your directory submissions constitute “your content” for the purposes of Section 13 and Section 14, and must comply with the acceptable use rules set out in Section 4.

11.2 You must keep your directory submissions up to date using our website interface.

11.3 Your directory submissions must not relate to any unlawful business, product or service; and you must not make any directory submission with a view to conducting any unlawful activity or entering into any unlawful contract or arrangement.

11.4 Without prejudice to our other rights under these terms and conditions, we reserve the right to reject or delete directory submissions that breach these terms and conditions, or that do not meet the additional guidelines for submissions published on our website.

11.5 If we reject or delete a directory submission in accordance with this Section 11, we will not refund any applicable charges.

12. Fees

12.1 The fees in respect of our website services will be as set out on the website from time to time.

12.2 All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.

12.3 You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.

12.4 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.

12.5 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

12.6 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a) an amount equal to the amount of the charge-back;

(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 12.6 (including without limitation legal fees and debt collection fees),

and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 12.6.

12.7 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

13. Our rights to use your content

13.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

13.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and publish your content on and in relation to this website and any successor website.

13.3 You grant to us the right to sub-license the rights licensed under Section 13.2.

13.4 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

13.5 You may edit your content to the extent permitted using the editing functionality made available on our website.

13.6 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

14. Rules about your content

14.1 You warrant and represent that your content will comply with these terms and conditions.

14.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

14.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

14.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

14.5 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.

14.6 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

15. Report abuse

15.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

15.2 You can let us know about any such material or activity by email .

16. Limited warranties

16.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date;

(d) that the website or any service on the website will remain available.

16.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

16.3 To the maximum extent permitted by applicable law and subject to Section 17.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

17. Limitations and exclusions of liability

17.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law.

17.2 The limitations and exclusions of liability set out in this Section 17 and elsewhere in these terms and conditions:

(a) are subject to Section 17.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

17.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

17.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

17.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.

17.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

17.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

17.8 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:

(a) 100 EUR; and

(b) the total amount paid to us under the contract.

18. Indemnity

18.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.

19. Breaches of these terms and conditions

19.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

19.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

20. Third party websites

20.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

20.2 We have no control over third party websites and their contents, and subject to Section 17.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

21. Trade marks

21.1 xullux, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

21.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

22. Competitions

22.1 From time to time we may run competitions, free prize draws and/or other promotions on our website.

22.2 Competitions will be subject to separate terms and conditions (which we will make available to you as appropriate).

23. Variation

23.1 We may revise these terms and conditions from time to time.

23.2 [The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.] OR [We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.]

23.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

24. Assignment

24.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

24.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

25. Severability

25.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

25.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

26. Third party rights

26.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

26.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

27. Entire agreement

27.1 Subject to Section 17.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

28. Law and jurisdiction

28.1 These terms and conditions shall be governed by and construed in accordance with French law.

28.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of France.

29. Statutory and regulatory disclosures

29.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

29.2 These terms and conditions are available in the English language only.

29.3 We are subject to e-commerce rules, which is supervised by French Authorities.

29.4 We are registered as 12HG Sarl with a capital of 5000 EURO in France and are subject to the French e-commerce rules, which can be found at https://entreprendre.service-public.fr/vosdroits/F23455?lang=en.

29.5 We subscribe to [code(s) of conduct], which can be consulted electronically at [URL(s)].

29.6 Our VAT number is FR09789572724.

30. Our details

30.1 This website is owned and operated by 12HG SARL.

30.2 We are registered in France under registration number SIREN nr. 789572724 , and our registered office is at 177 Chemin de l’Endiguement, 06390 CONTES.

30.3 You can contact us:

(a) by post, to the postal address given above;

(b) using our website contact form;

(d) by email, using info@xulluxyachts.com.