‘ABP Town Quay Marina‘
Associated British Ports
25 Bedford Street
London
WC2E 9ES
https://gateway.meter-macs.com
Powered by Meter Macs Ltd
is for use by the ‘Authorised Customers’
of ‘ABP Town Quay Marina ‘
Supplier home site – https://www.townquay.com/marina/
referred as ‘The Site’
referred to as ‘Associate’
referred as ‘You’
referred as ‘The Supplier’
TERMS OF USE:
This page (together with the documents referred to in it) tells You the terms of use on which You may make use of the Site whether as an Authorised Customer or a guest of an Authorised Customer. Please read these Terms of Use carefully before You start to use the site. By using the Site, You indicate that You accept these Terms of Use and that You agree to abide by them. If You do not agree to these Terms of Use, please refrain from using the Site.
ACCESSING THE SITE
Access to the Site is permitted on a temporary basis, and the Supplier reserves the right to withdraw or amend the Services provided on the Site without notice (see below). The Supplier and Associate will not be liable if for any reason the Site is unavailable at any time or for any period. From time to time, the Supplier may restrict access to some parts of the Site, or the entire Site, to users.
If You choose, or You are provided with, a user identification code, password, or any other piece of information as part of the Associates security procedures, You must treat such information as confidential, and You must not disclose it to any third party. The Supplier has the right to disable any user identification code or password, whether chosen by You or allocated by the Supplier, at any time, if in our opinion You have failed to comply with any of the provisions of these Terms of Use.
When using the Site, You must comply with all Terms of Use as detailed in this document.
You are responsible for making all arrangements necessary for You to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use, and that they comply with them.
User guidance for the prepay system can be found on our FAQ page following the below link. This document also contains a link to a YouTube page which gives instructions on how to complete self-registration, self-arrival, registration, Password reset and Top up.
The standing charge/ kWh Unit rate will be available at the Town Quay Marina Office, the rate will be held for a 6-month period and any unit rate change will be displayed as a notice at the Office, the rate will change in line with the cost per kWh provided to ABP, this could either increase, decrease, or remain as is.
INTELLECTUAL PROPERTY RIGHTS
The Site is powered by Meter Macs Ltd; the owner, author and the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference, You will be held liable for any and all damages resulting from the misuse of the site; by You or your agents.
You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.
If You print off, copy or download any part of the Site in breach of these Terms of Use, your right to use the Site will cease immediately and You must, at our option, return or destroy any copies of the materials You have made.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. The Supplier therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.
WEBSITE UPDATES
The Supplier aims to update the Site regularly, and may change the content at any time. If the need arises, the Supplier may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and the Supplier is under no obligation to update such material.
LIABILITY
While the Supplier will use reasonable efforts to ensure that the Site is accurate and up-to-date, the material displayed is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, the Supplier hereby expressly exclude:
Any liability for any indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use the Site, any websites linked to them and any materials posted on it.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
The Supplier and Associate will process information about You in accordance with the Supplier’s privacy policy. By using the Site, You consent to such processing and You warrant that all data provided by You is accurate.
UPLOADING MATERIAL TO THE SITE
Whenever You make use of a feature that allows You to upload material to the Site, or to make contact with other users of the Site, You must comply with the content standards set out in our Acceptable Sse Policy see below. You warrant that any such contribution does comply with those standards, and You indemnify the Supplier for any breach of that warranty.
Any material You upload to the Site will be considered non-confidential and non-proprietary, and the Supplier has the right to use, copy, distribute and disclose to third parties any such material for any purpose. The Supplier and Associate also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by You to the site constitutes a violation of their intellectual property or proprietary rights, or of their right to privacy.
The Supplier will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by You or any other user of the site.
The Supplier has the right to remove any material or posting You make on the site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. The Supplier will report any such breach to the relevant law enforcement authorities and the Supplier will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
The Supplier and Associate will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on them, or on any website linked to them.
LINKING TO THE SITE
You may link to the home Site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by You.
The Site must not be framed on any other site, nor may You create a link to any part of the Site other than the home page. The Supplier and Associate reserves the right to withdraw linking permission without notice. The website from which You are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If You wish to make any use of material on the Site other than that set out above, please address your request via the home Site.
LINKS FROM THE SITE
Where the Site contains links to other Sites and resources provided by third parties, these links are provided for your information only. Unless expressly stated the Supplier has no control over the contents of those Sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the Site. These terms of use are governed by English law.
VARIATIONS
The Supplier may revise these Terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the Supplier made, as they are binding on you. Some of the provisions contained in these Acceptable Terms of Use may also be superseded by provisions or notices published elsewhere on the Site.
ACCEPTABLE USE POLICY
This Acceptable Use Policy sets out the terms between You and the Supplier under which You may access the Supplier’s websites. This Acceptable Use Policy applies to all users of, and visitors to, the Site. Your use of the Site means that You accept, and agree to abide by, all terms in this Terms of Use Policy, which supplement the Supplier’s general terms of website use.
PROHIBITED USES
You may use the Site only for lawful purposes. You may not use the Site:
• In any way that breaches any applicable local, national or international law or regulation.
•In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
•For the purpose of harming or attempting to harm minors in any way.
•To send, knowingly receive, upload, download, use or re-use any material which does not comply
with the Supplier’s content standards.
•To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional
material or any other form of similar solicitation (spam).
•To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
•Not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of
the Supplier’s general terms of website use.
•Not to access without authority, interfere with, damage or disrupt:- any part of the Site; any equipment or network on which the Site is stored; any software used in the provision of the Site; or any equipment or network or software owned or used by any third party.
INTERACTIVE SERVICES
The Supplier may from time to time provide interactive services on the Site. Where the Supplier provides any interactive service, the Supplier will provide clear information to You about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical)
The Supplier will do its best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Site, and the Supplier will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, the Supplier are under no obligation to oversee, monitor or moderate any interactive service the Supplier provides on the Site, and expressly exclude the Supplier’s liability for any loss or damage arising from the use of any interactive service by a user in contravention of the Supplier’s content standards, whether the service is moderated or not.
The use of any of the Supplier’s interactive services by a minor is subject to the consent of their parent or guardian. The Supplier advises parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
CONTENT STANDARDS
These content standards apply to any and all material which You contribute to the Site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
•Be accurate (where they state facts).
•Be genuinely held (where they state opinions).
•Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
•Contain any material which is defamatory of any person.
•Contain any material which is obscene, offensive, hateful or inflammatory.
•Promote sexually explicit material.
•Promote violence.
•Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
•Infringe any copyright, database right or trade mark of any other person.
•Be likely to deceive any person.
•Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of
confidence.
•Promote any illegal activity.
•Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless
anxiety.
•Be likely to harass, upset, embarrass, alarm or annoy any other person.
•Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
•Give the impression that they emanate from the supplier or associate, if this is not the case.
•Advocate, promote or assist any unlawful act such as (by way of example only) copyright
infringement or computer misuse.
SUSPENSION, TERMINATION & CANCELLATION OF ACCOUNT
The Supplier will determine, acting reasonably, whether there has been a breach of these Terms of Use through your use of the Site. If a breach of this policy has occurred, the Supplier may take such action as the Supplier deems appropriate. Failure to comply with this Terms of Use Policy constitutes a material breach of the general terms of website use upon which You are permitted to use the Site, and may result in our taking all or any of the following actions:
•Immediate, temporary or permanent withdrawal of your right to use the Site.
•Immediate, temporary or permanent removal of any posting or material uploaded by You to the Site.
•Issue of a warning to You.
•Legal proceedings against You for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
•Further legal action against You.
•Disclosure of such information to law enforcement authorities as the supplier reasonably feel is necessary.
•The Supplier exclude liability for actions taken in response to breaches of this Terms of Use Policy.
• The responses described in this policy are not limited, and the Supplier may take any other action the Supplier reasonably deem appropriate.
The contract between the Supplier and You commences upon the opening of account and concludes at the point of You closing your account. You can cancel your contract/account at any time with no notice or charges required.
You have the right to cancel your account/contract at any time including at the time of any increase in tariffs or rates or under any Terms and Condition changes. There will be no charges for cancellation or termination.
Upon cancellation or closure of the account it is your responsibility to withdraw any remaining funds (credit) left in your account prior to closure. All account credit will be refunded upon request.
CHANGES TO THE ACCEPTABLE USE POLICY
The Supplier may revise the Terms of Use Policy at any time by amending this page and providing reasonable written notice to you. Some of the provisions contained in this Terms of Use Policy may also be superseded by provisions or notices published elsewhere on the Supplier’s sites, provided such provisions or notices are also notified in writing to you.
You have the right to open any legitimate dispute with the Supplier – This can be initiated by emailing Town Quay Marina with your name, account details and a clear description of the dispute you would like to raise. – tqmaintenance@abports.co.uk.
Further information on the customer’s rights as a consumer of electricity can be found by following the link below. Link to OFGEM: https://www.ombudsman-services.org/sectors/energy
SUPPLY OF ELECTRICITY – CONDITIONS OF USE
1.An electrical supply is only available to boats authorised by the Supplier and where the boat owner has a pre-paid balance in their account with the Supplier.
2.The Supplier cannot guarantee a constant supply and the supplier make no assurance as to the suitability of the vessel to accept the supply, it being the responsibility of the owner to assess the vessel’s suitability.
3.The Supplier accepts no responsibility for loss or damage arising out of the supply or its termination, save where the Supplier is negligent or acts fraudulently or breaches these terms and conditions.
4.The Supplier may revise these conditions of use at any time by amending this page and providing reasonable written notice to you.
5.The Supplier will provide all required infrastructure, including the socket outlet, for the use by You of the MeterMacs system and will ensure that all such infrastructure is fit for purpose and in good condition. All maintenance requirements and periodic inspection/ testing will be completed by the Supplier to ensure the units are suitable and safe for continued use. It is expected that You shall treat the equipment with all due care and accept You could be liable for repair costs should damages occur due to misuse of the provided product.
Privacy Policy
This policy (together with the supplier’s general terms of website use and any other documents referred to in it) sets out the basis on which any personal data the Supplier collect from You, or that You provide to the Supplier, will be processed by the Supplier. Please read the following carefully to understand the Supplier’s views and practices regarding your personal data and how the Supplier will treat it.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is the Supplier.
IP ADDRESSES AND COOKIES
The Supplier may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about the users’ browsing actions and patterns, and does not identify any individual.
For the same reason, the Supplier may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the Supplier’s site. Unless you have adjusted your browser setting so that it will refuse cookies, the Supplier’s system may issue cookies when you log on to the site. Please note that third parties to whom the Supplier provide links from the Site may also use cookies, over which the Supplier have no control.
WHERE THE SUPPLIER STORES YOUR PERSONAL DATA
The data that the Supplier collect from You is stored within the European Economic Area. The Supplier will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information You provide to the Supplier is stored on the Supplier’s secure servers or on secure servers hosted by third parties with which the supplier have a contractual arrangement to provide website hosting services. Any payment transactions will be encrypted using SSL technology. Where the Supplier has given You (or where you have chosen) a password which enables You to access certain parts of the Supplier’s sites, You are responsible for keeping this password confidential. The Supplier asks You not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. The Supplier will do its best to protect your personal data, the Supplier cannot guarantee the security of your data transmitted to the site; any transmission is at your own risk. Once the Supplier has received your information, the Supplier will use strict procedures and security features to try to prevent unauthorised access.
YOUR PERSONAL DATA
Information held about You may be used in the following ways:
• To ensure that content from the Site is presented in the most effective manner for You and for your computer.
• To carry out the Supplier’s obligations arising from any contracts entered into.
• To allow you to participate in interactive features of the Supplier’s services, when you choose to do so.
• To notify you about changes to the Supplier’s services.
• To administer any berth or mooring agreements that you may have with the Supplier.
DISCLOSURE OF YOUR INFORMATION
The Supplier may disclose your personal information to third parties if required under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply the Supplier’s general website Terms of Use, or to protect the rights, property, or safety of the Suppliers, its customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
YOUR RIGHTS
The Supplier will not use your data for marketing purposes, nor will it disclose your information to any third party for such purposes.
ACCESS TO INFORMATION
The Data Protection Act gives you the right to access information held about You. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £25 to meet our costs in providing You with details of the information the Supplier hold about You.
CHANGES TO OUR PRIVACY POLICY
Any changes the Supplier may make to our Privacy Policy in the future will be notified to you in writing.
COOKIE POLICY
Cookies are small text files used by internet browsers to store small bits of information about a device or computer, such as preferred settings or preferred languages. Everyone deserves to know when files are to be stored on equipment that they own, and when information about them may be stored and used. Read on to find out how the supplier use cookies. The Site may store a number of different cookies on the computer or device that You use to access our website. Cookies do not take up much space (unless you have thousands of them) and cannot contain viruses or other harmful code. The Site will never use cookies that can track your behaviour across multiple websites.
YOUR CONCERNS
If You have any concerns about material which appears on the Site, please contact the Supplier
Thank you for visiting the site.
See Terms and Conditions
See Terms and Conditions
See Terms and Conditions
TERMS OF USE:
This page (together with the documents referred to in it) tells you the terms of use on which you may make use of the site whether as an authorised customer or a guest of an authorised customer. Please read these terms of use carefully before you start to use the site. By using the site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the site.
ACCESSING THE SITE
Access to the site is permitted on a temporary basis, and the supplier reserves the right to withdraw or amend the services provided on the site without notice (see below). The supplier will not be liable if for any reason the site is unavailable at any time or for any period. From time to time, the supplier may restrict access to some parts of the site, or the entire site, to users.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. The supplier has the right to disable any user identification code or password, whether chosen by you or allocated by the supplier, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
When using the site, you must comply with all ‘Terms of Use’ as detailed in this document.
You are responsible for making all arrangements necessary for you to have access to the site. You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
The site is powered by Meter Macs Ltd; the owner, author and the licensee of all intellectual property rights in the site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the site for your personal reference, you will be held liable for any and all damages resulting from the misuse of the site; by you or your agents.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on the site must always be acknowledged.
You must not use any part of the materials on the site for commercial purposes without obtaining a license to do so from the supplier or their licensors.
If you print off, copy or download any part of the site in breach of these terms of use, your right to use the site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the site are not intended to amount to advice on which reliance should be placed. The supplier therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the site, or by anyone who may be informed of any of its contents.
WEBSITE UPDATES
The supplier aims to update the site regularly, and may change the content at any time. If the need arises, the supplier may suspend access to the site, or close it indefinitely. Any of the material on the site may be out of date at any given time, and the supplier is under no obligation to update such material.
LIABILITY
While the supplier will use reasonable efforts to ensure that the site is accurate and up-to-date, the material displayed is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, the supplier hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use the site, any websites linked to them and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
The supplier will process information about you in accordance with the supplier’s privacy policy. By using the site, you consent to such processing and you warrant that all data provided by you is accurate.
UPLOADING MATERIAL TO THE SITE
Whenever you make use of a feature that allows you to upload material to the site, or to make contact with other users of the site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify the supplier for any breach of that warranty.
Any material you upload to the site will be considered non-confidential and non-proprietary, and the supplier has the right to use, copy, distribute and disclose to third parties any such material for any purpose. The supplier also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the site constitutes a violation of their intellectual property or proprietary rights, or of their right to privacy.
The supplier will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the site.
The supplier has the right to remove any material or posting you make on the site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. The supplier will report any such breach to the relevant law enforcement authorities and the supplier will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the site will cease immediately.
The Supplier will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any material posted on them, or on any website linked to them.
LINKING TO THE SITE
You may link to the home site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
The site must not be framed on any other site, nor may you create a link to any part of the site other than the home page. The supplier reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on the site other than that set out above, please address your request via the home site.
LINKS FROM THE SITE
Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only. Unless expressly stated the supplier has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the site. These terms of use are governed by English law.
VARIATIONS
The supplier may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the site.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and the supplier under which you may access the supplier’s websites. This acceptable use policy applies to all users of, and visitors to, the site. Your use of the site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement the supplier’s general terms of website use.
PROHIBITED USES
You may use the site only for lawful purposes. You may not use the site:
• In any way that breaches any applicable local, national or international law or regulation.
•In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
•For the purpose of harming or attempting to harm minors in any way.
•To send, knowingly receive, upload, download, use or re-use any material which does not comply
with the supplier’s content standards.
•To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional
material or any other form of similar solicitation (spam).
•To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
•Not to reproduce, duplicate, copy or re-sell any part of the site in contravention of the provisions of
the supplier’s general terms of website use.
•Not to access without authority, interfere with, damage or disrupt:- any part of the site; any equipment or network on which the site is stored; any software used in the provision of the site; or any equipment or network or software owned or used by any third party.
INTERACTIVE SERVICES
The supplier may from time to time provide interactive services on the site. Where the supplier provides any interactive service, the supplier will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical)
The Supplier will do its best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the site, and the supplier will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, the supplier are under no obligation to oversee, monitor or moderate any interactive service the supplier provides on the site, and expressly exclude the supplier’s liability for any loss or damage arising from the use of any interactive service by a user in contravention of the supplier’s content standards, whether the service is moderated or not.
The use of any of the supplier’s interactive services by a minor is subject to the consent of their parent or guardian. The supplier advises parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
CONTENT STANDARDS
These content standards apply to any and all material which you contribute to the site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
•Be accurate (where they state facts).
•Be genuinely held (where they state opinions).
•Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
•Contain any material which is defamatory of any person.
•Contain any material which is obscene, offensive, hateful or inflammatory.
•Promote sexually explicit material.
•Promote violence.
•Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
•Infringe any copyright, database right or trade mark of any other person.
•Be likely to deceive any person.
•Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of
confidence.
•Promote any illegal activity.
•Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless
anxiety.
•Be likely to harass, upset, embarrass, alarm or annoy any other person.
•Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
•Give the impression that they emanate from the supplier, if this is not the case.
•Advocate, promote or assist any unlawful act such as (by way of example only) copyright
Infringement or computer misuse.
SUSPENSION AND TERMINATION
The supplier will determine, at the supplier’s discretion, whether there has been a breach of this acceptable use policy through your use of the site. When a breach of this policy has occurred, the supplier may take such action as the supplier deems appropriate. Failure to comply with this acceptable use policy constitutes a material breach of the general terms of website use upon which you are permitted to use the site, and may result in our taking all or any of the following actions:
•Immediate, temporary or permanent withdrawal of your right to use the site.
•Immediate, temporary or permanent removal of any posting or material uploaded by you to the site.
•Issue of a warning to you.
•Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
•Further legal action against you.
•Disclosure of such information to law enforcement authorities as the supplier reasonably feel is necessary.
•The supplier exclude liability for actions taken in response to breaches of this acceptable use policy.
• The responses described in this policy are not limited, and the supplier may take any other action the supplier reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
The supplier may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on the supplier’s sites.
SUPPLY OF ELECTRICITY – CONDITIONS OF USE
1.An electrical supply is only available to boats authorised by the supplier and where the boat owner has a pre-paid balance in their account with the supplier.
2.The supplier cannot guarantee a constant supply and the supplier make no assurance as to the suitability of the vessel to accept the supply, it being the responsibility of the owner to assess the vessel’s suitability.
3.The supplier accepts no responsibility for loss or damage arising out of the supply or its termination.
4.The supplier may revise these conditions of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier make which are binding on you.
Privacy Policy
This policy (together with the supplier’s general terms of website use and any other documents referred to in it) sets out the basis on which any personal data the supplier collect from you, or that you provide to the supplier, will be processed by the supplier. Please read the following carefully to understand the supplier’s views and practices regarding your personal data and how the supplier will treat it.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is the Supplier.
IP ADDRESSES AND COOKIES
The Supplier may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about the users’ browsing actions and patterns, and does not identify any individual.
For the same reason, the supplier may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the supplier’s site. Unless you have adjusted your browser setting so that it will refuse cookies, the supplier’s system may issue cookies when you log on to the site. Please note that third parties to whom the supplier provide links from the site may also use cookies, over which the supplier have no control.
WHERE THE SUPPLIER STOREs YOUR PERSONAL DATA
The data that the supplier collect from you is stored within the European Economic Area. The supplier will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to the supplier is stored on the supplier’s secure servers or on secure servers hosted by third parties with which The supplier have a contractual arrangement to provide website hosting services. Any payment transactions will be encrypted using SSL technology. Where the supplier has given you (or where you have chosen) a password which enables you to access certain parts of the supplier’s sites, you are responsible for keeping this password confidential. The supplier asks you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. The Supplier will do its best to protect your personal data, the supplier cannot guarantee the security of your data transmitted to the site; any transmission is at your own risk. Once the supplier has received your information, the supplier will use strict procedures and security features to try to prevent unauthorised access.
YOUR PERSONAL DATA
Information held about you may be used in the following ways:
• To ensure that content from the site is presented in the most effective manner for you and for your computer.
• To carry out the supplier’s obligations arising from any contracts entered into.
• To allow you to participate in interactive features of the supplier’s services, when you choose to do so.
• To notify you about changes to the supplier’s services.
• To administer any berth or mooring agreements that you may have with the supplier.
DISCLOSURE OF YOUR INFORMATION
The supplier may disclose your personal information to third parties if required under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply the supplier’s general website terms of use, or to protect the rights, property, or safety of the Suppliers, its customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
YOUR RIGHTS
You have the right to ask the supplier not to process your personal data for marketing purposes. The supplier will usually inform you (before collecting your data) if the supplier intends to use your data for such purposes or if the supplier intends to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms the supplier uses to collect your data. You can also exercise the right at any time by contacting
Our site may, from time to time, contain links to and from the websites of partner networks and advertisers. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that the supplier does not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £25 to meet our costs in providing you with details of the information the supplier hold about you.
CHANGES TO OUR PRIVACY POLICY
Any changes the supplier may make to our privacy policy in the future will be notified to you.
COOKIE POLICY
Cookies are small text files used by internet browsers to store small bits of information about a device or computer, such as preferred settings or preferred languages. Everyone deserves to know when files are to be stored on equipment that they own, and when information about them may be stored and used. Read on to find out how the supplier use cookies. Our website may store a number of different cookies on the computer or device that you use to access our website. Cookies do not take up much space (unless you have thousands of them) and cannot contain viruses or other harmful code. The site will never use cookies that can track your behaviour across multiple websites.
YOUR CONCERNS
If you have any concerns about material which appears on the site, please contact the Supplier
Thank you for visiting the site.
TERMS OF USE:
This page (together with the documents referred to in it) tells you the terms of use on which you may make use of the site whether as an authorised customer or a guest of an authorised customer. Please read these terms of use carefully before you start to use the site. By using the site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the site.
ACCESSING THE SITE
Access to the site is permitted on a temporary basis, and the supplier reserves the right to withdraw or amend the services provided on the site without notice (see below). The supplier will not be liable if for any reason the site is unavailable at any time or for any period. From time to time, the supplier may restrict access to some parts of the site, or the entire site, to users.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. The supplier has the right to disable any user identification code or password, whether chosen by you or allocated by the supplier, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
When using the site, you must comply with all ‘Terms of Use’ as detailed in this document.
You are responsible for making all arrangements necessary for you to have access to the site. You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
The site is powered by Meter Macs Ltd; the owner, author and the licensee of all intellectual property rights in the site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the site for your personal reference, you will be held liable for any and all damages resulting from the misuse of the site; by you or your agents.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on the site must always be acknowledged.
You must not use any part of the materials on the site for commercial purposes without obtaining a license to do so from the supplier or their licensors.
If you print off, copy or download any part of the site in breach of these terms of use, your right to use the site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the site are not intended to amount to advice on which reliance should be placed. The supplier therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the site, or by anyone who may be informed of any of its contents.
WEBSITE UPDATES
The supplier aims to update the site regularly, and may change the content at any time. If the need arises, the supplier may suspend access to the site, or close it indefinitely. Any of the material on the site may be out of date at any given time, and the supplier is under no obligation to update such material.
LIABILITY
While the supplier will use reasonable efforts to ensure that the site is accurate and up-to-date, the material displayed is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, the supplier hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use the site, any websites linked to them and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
The supplier will process information about you in accordance with the supplier’s privacy policy. By using the site, you consent to such processing and you warrant that all data provided by you is accurate.
UPLOADING MATERIAL TO THE SITE
Whenever you make use of a feature that allows you to upload material to the site, or to make contact with other users of the site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify the supplier for any breach of that warranty.
Any material you upload to the site will be considered non-confidential and non-proprietary, and the supplier has the right to use, copy, distribute and disclose to third parties any such material for any purpose. The supplier also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the site constitutes a violation of their intellectual property or proprietary rights, or of their right to privacy.
The supplier will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the site.
The supplier has the right to remove any material or posting you make on the site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. The supplier will report any such breach to the relevant law enforcement authorities and the supplier will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the site will cease immediately.
The Supplier will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any material posted on them, or on any website linked to them.
LINKING TO THE SITE
You may link to the home site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
The site must not be framed on any other site, nor may you create a link to any part of the site other than the home page. The supplier reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on the site other than that set out above, please address your request via the home site.
LINKS FROM THE SITE
Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only. Unless expressly stated the supplier has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the site. These terms of use are governed by English law.
VARIATIONS
The supplier may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the site.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and the supplier under which you may access the supplier’s websites. This acceptable use policy applies to all users of, and visitors to, the site. Your use of the site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement the supplier’s general terms of website use.
PROHIBITED USES
You may use the site only for lawful purposes. You may not use the site:
• In any way that breaches any applicable local, national or international law or regulation.
•In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
•For the purpose of harming or attempting to harm minors in any way.
•To send, knowingly receive, upload, download, use or re-use any material which does not comply
with the supplier’s content standards.
•To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional
material or any other form of similar solicitation (spam).
•To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
•Not to reproduce, duplicate, copy or re-sell any part of the site in contravention of the provisions of
the supplier’s general terms of website use.
•Not to access without authority, interfere with, damage or disrupt:- any part of the site; any equipment or network on which the site is stored; any software used in the provision of the site; or any equipment or network or software owned or used by any third party.
INTERACTIVE SERVICES
The supplier may from time to time provide interactive services on the site. Where the supplier provides any interactive service, the supplier will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical)
The Supplier will do its best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the site, and the supplier will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, the supplier are under no obligation to oversee, monitor or moderate any interactive service the supplier provides on the site, and expressly exclude the supplier’s liability for any loss or damage arising from the use of any interactive service by a user in contravention of the supplier’s content standards, whether the service is moderated or not.
The use of any of the supplier’s interactive services by a minor is subject to the consent of their parent or guardian. The supplier advises parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
CONTENT STANDARDS
These content standards apply to any and all material which you contribute to the site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
•Be accurate (where they state facts).
•Be genuinely held (where they state opinions).
•Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
•Contain any material which is defamatory of any person.
•Contain any material which is obscene, offensive, hateful or inflammatory.
•Promote sexually explicit material.
•Promote violence.
•Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
•Infringe any copyright, database right or trade mark of any other person.
•Be likely to deceive any person.
•Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of
confidence.
•Promote any illegal activity.
•Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless
anxiety.
•Be likely to harass, upset, embarrass, alarm or annoy any other person.
•Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
•Give the impression that they emanate from the supplier, if this is not the case.
•Advocate, promote or assist any unlawful act such as (by way of example only) copyright
Infringement or computer misuse.
SUSPENSION AND TERMINATION
The supplier will determine, at the supplier’s discretion, whether there has been a breach of this acceptable use policy through your use of the site. When a breach of this policy has occurred, the supplier may take such action as the supplier deems appropriate. Failure to comply with this acceptable use policy constitutes a material breach of the general terms of website use upon which you are permitted to use the site, and may result in our taking all or any of the following actions:
•Immediate, temporary or permanent withdrawal of your right to use the site.
•Immediate, temporary or permanent removal of any posting or material uploaded by you to the site.
•Issue of a warning to you.
•Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
•Further legal action against you.
•Disclosure of such information to law enforcement authorities as the supplier reasonably feel is necessary.
•The supplier exclude liability for actions taken in response to breaches of this acceptable use policy.
• The responses described in this policy are not limited, and the supplier may take any other action the supplier reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
The supplier may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on the supplier’s sites.
SUPPLY OF ELECTRICITY – CONDITIONS OF USE
1.An electrical supply is only available to boats authorised by the supplier and where the boat owner has a pre-paid balance in their account with the supplier.
2.The supplier cannot guarantee a constant supply and the supplier make no assurance as to the suitability of the vessel to accept the supply, it being the responsibility of the owner to assess the vessel’s suitability.
3.The supplier accepts no responsibility for loss or damage arising out of the supply or its termination.
4.The supplier may revise these conditions of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier make which are binding on you.
Privacy Policy
This policy (together with the supplier’s general terms of website use and any other documents referred to in it) sets out the basis on which any personal data the supplier collect from you, or that you provide to the supplier, will be processed by the supplier. Please read the following carefully to understand the supplier’s views and practices regarding your personal data and how the supplier will treat it.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is the Supplier.
IP ADDRESSES AND COOKIES
The Supplier may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about the users’ browsing actions and patterns, and does not identify any individual.
For the same reason, the supplier may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the supplier’s site. Unless you have adjusted your browser setting so that it will refuse cookies, the supplier’s system may issue cookies when you log on to the site. Please note that third parties to whom the supplier provide links from the site may also use cookies, over which the supplier have no control.
WHERE THE SUPPLIER STOREs YOUR PERSONAL DATA
The data that the supplier collect from you is stored within the European Economic Area. The supplier will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to the supplier is stored on the supplier’s secure servers or on secure servers hosted by third parties with which The supplier have a contractual arrangement to provide website hosting services. Any payment transactions will be encrypted using SSL technology. Where the supplier has given you (or where you have chosen) a password which enables you to access certain parts of the supplier’s sites, you are responsible for keeping this password confidential. The supplier asks you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. The Supplier will do its best to protect your personal data, the supplier cannot guarantee the security of your data transmitted to the site; any transmission is at your own risk. Once the supplier has received your information, the supplier will use strict procedures and security features to try to prevent unauthorised access.
YOUR PERSONAL DATA
Information held about you may be used in the following ways:
• To ensure that content from the site is presented in the most effective manner for you and for your computer.
• To carry out the supplier’s obligations arising from any contracts entered into.
• To allow you to participate in interactive features of the supplier’s services, when you choose to do so.
• To notify you about changes to the supplier’s services.
• To administer any berth or mooring agreements that you may have with the supplier.
DISCLOSURE OF YOUR INFORMATION
The supplier may disclose your personal information to third parties if required under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply the supplier’s general website terms of use, or to protect the rights, property, or safety of the Suppliers, its customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
YOUR RIGHTS
You have the right to ask the supplier not to process your personal data for marketing purposes. The supplier will usually inform you (before collecting your data) if the supplier intends to use your data for such purposes or if the supplier intends to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms the supplier uses to collect your data. You can also exercise the right at any time by contacting
Our site may, from time to time, contain links to and from the websites of partner networks and advertisers. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that the supplier does not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £25 to meet our costs in providing you with details of the information the supplier hold about you.
CHANGES TO OUR PRIVACY POLICY
Any changes the supplier may make to our privacy policy in the future will be notified to you.
COOKIE POLICY
Cookies are small text files used by internet browsers to store small bits of information about a device or computer, such as preferred settings or preferred languages. Everyone deserves to know when files are to be stored on equipment that they own, and when information about them may be stored and used. Read on to find out how the supplier use cookies. Our website may store a number of different cookies on the computer or device that you use to access our website. Cookies do not take up much space (unless you have thousands of them) and cannot contain viruses or other harmful code. The site will never use cookies that can track your behaviour across multiple websites.
YOUR CONCERNS
If you have any concerns about material which appears on the site, please contact the Supplier
Thank you for visiting the site.
Please see Terms & Conditions
Privacy Policy
This policy (together with the supplier’s general terms of website use and any other documents referred to in it) sets out the basis on which any personal data the supplier collect from you, or that you provide to the supplier, will be processed by the supplier. Please read the following carefully to understand the supplier’s views and practices regarding your personal data and how the supplier will treat it.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is the Supplier.
IP ADDRESSES AND COOKIES
The Supplier may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about the users’ browsing actions and patterns, and does not identify any individual.
For the same reason, the supplier may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the supplier’s site. Unless you have adjusted your browser setting so that it will refuse cookies, the supplier’s system may issue cookies when you log on to the site. Please note that third parties to whom the supplier provide links from the site may also use cookies, over which the supplier have no control.
WHERE THE SUPPLIER STOREs YOUR PERSONAL DATA
The data that the supplier collect from you is stored within the European Economic Area. The supplier will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to the supplier is stored on the supplier’s secure servers or on secure servers hosted by third parties with which The supplier have a contractual arrangement to provide website hosting services. Any payment transactions will be encrypted using SSL technology. Where the supplier has given you (or where you have chosen) a password which enables you to access certain parts of the supplier’s sites, you are responsible for keeping this password confidential. The supplier asks you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. The Supplier will do its best to protect your personal data, the supplier cannot guarantee the security of your data transmitted to the site; any transmission is at your own risk. Once the supplier has received your information, the supplier will use strict procedures and security features to try to prevent unauthorised access.
YOUR PERSONAL DATA
Information held about you may be used in the following ways:
• To ensure that content from the site is presented in the most effective manner for you and for your computer.
• To carry out the supplier’s obligations arising from any contracts entered into.
• To allow you to participate in interactive features of the supplier’s services, when you choose to do so.
• To notify you about changes to the supplier’s services.
• To administer any berth or mooring agreements that you may have with the supplier.
DISCLOSURE OF YOUR INFORMATION
The supplier may disclose your personal information to third parties if required under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply the supplier’s general website terms of use, or to protect the rights, property, or safety of the Suppliers, its customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
YOUR RIGHTS
You have the right to ask the supplier not to process your personal data for marketing purposes. The supplier will usually inform you (before collecting your data) if the supplier intends to use your data for such purposes or if the supplier intends to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms the supplier uses to collect your data. You can also exercise the right at any time by contacting
Our site may, from time to time, contain links to and from the websites of partner networks and advertisers. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that the supplier does not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £25 to meet our costs in providing you with details of the information the supplier hold about you.
CHANGES TO OUR PRIVACY POLICY
Any changes the supplier may make to our privacy policy in the future will be notified to you.
Terms and Conditions
New Portal Launching 27th January 2025
We’re wrapping up something special for you this season — a brand-new portal experience launching on January 27th! Our upgraded portal will offer a sleeker design, improved functionality, and a range of exciting new features to make managing your account simpler and more convenient.
To ensure a smooth transition, we’ve prepared some handy resources to guide you through the changes:
🎥 YouTube Walkthrough: Watch our step-by-step video guide – https://www.youtube.com/@metermacs
📄 A summary as well as a comprehensive guide to the new features. Paste the links below into your internet browser to view or download each guide:
New Portal Summary – https://meter-macs.com/wp-content/uploads/2024/12/New-portal-summary-page-1.22-1.pdf
New Portal Guide – https://meter-macs.com/wp-content/uploads/2024/12/New-Portal-guide-2.5.pdf
Our procurement team have negotiated a new contract and electricity prices for your mooring site will be updated from 29 April 2024 to the following rates:
Total price charged ex VAT – 24.14 pence per kwh
Total price including VAT – 26.06 pence per kwh
Breakdown of the fee
Kwh charge – 19.38 pence ex VAT (0.20349 pence inclusive of VAT at 5%)
Standing charge – 0.0476 pence per kwh ex VAT (0.05712 pence inclusive of VAT at 20%)
This price is fixed for 12 months.
Terms and Conditions
( Revisions.27.11.2013.(TN))
Canal & River Trust’s Terms and Conditions for the purchase of electricity and use of the payment portal
These Terms and Conditions set out the rights and obligations of:
a)users of the electricity payment portal referred to below which is accessible via the link on the canalrivertrust.org.uk website (“user”, “you”, “your”); and
b)the Canal & River Trust, whose Head Office is at First Floor North, Station House, 500 Elder Gate, Milton Keynes, MK9 1BB (“The Trust”, “we”, “us” or “our”),
in relation to the electricity payment portal called the “Customer Web Dashboard with Payment Gateway” accessible via the link on the canalrivertrust.org.uk website (the “Portal”), the pre-payment for electricity via the Portal, and the supply of electricity provided by the Trust at various mooring sites in the United Kingdom.
Your use of the Portal and any electricity supplied to you by the Trust is subject to these Terms and Conditions. Your use of the Portal is also subject to the terms and conditions of use set out at canalrivertrust.org.uk/terms-and-conditions (the “Terms and Conditions of Use”). By creating an account and topping up your electricity account via the Portal, you are confirming that you have read, understood and accept these Terms and Conditions and the Terms and Conditions of Use.
1.Supply of Electricity
1.1. When buying electricity from the Trust you acknowledge that the Trust is an electricity re-seller and is therefore subject to government regulations and guidelines set by Ofgem, the electricity regulator. We will follow Ofgem guidance in calculating charges. The charges applicable at any time and the method of calculation are set out in the user guide published on the canalrivertrust.org.uk website. You agree that you will use the electricity supply for normal domestic use only and will not use it for any kind of industrial or commercial purpose. You also agree not to sell the electricity on to any third party.
1.2.On a quarterly basis, the Trust will test the electricity supply at each mooring site in accordance with the legal requirements for supplying electricity. This means that you will experience a short power outage while this takes place. You will be notified of any such planned power outages via email only, unless you have made us aware of your need for postal notification and please note that it is your responsibility to remove or protect any electrical appliances during such electrical checks.
1.3.In the event that you experience unscheduled power outages or faults with your electricity supply, you agree to check that your electricity cables have been installed correctly, are being used correctly and your account sign-in details have been entered correctly before contacting the Trust.
1.4.If you continue to experience problems with your electricity supply (after conducting checks in accordance with clause 1.3, above) you should report the problem to the Trust. An engineer will be called out to assess the problem and to attempt to repair any faults or arrange for an exchange of parts. We reserve the right to charge you for any callout if the fault is found to be with your cables or equipment or resulting from incorrectly entered account details.
1.5.You agree to not tamper with the supply of electricity in any way.
1.6.Each time you use the electricity we supply, the credits that are registered on your account will be reduced according to the quantity of the usage. When your credit falls below the low balance threshold, the system will email you on 3 separate occasions advising you of low balance. When the credit is used, the electricity will be switched off until further credit is added.
2.Payment for Electricity via the Portal
2.1.You will pay for all electricity by means of pre-purchased credit. You can purchase credit by either accessing the payment section of the Portal, by credit or debit card payment over the phone, by cash or cheque payment in a Trust office, or by any other method approved by the Trust from time to time.
2.2.The minimum amount of credit which may be purchased at any time is £10.
2.3.the Trust only accepts credit or debit card payments from the following types of card: Visa, MasterCard, Delta/Connect, or Switch.
3.Use of the Portal
3.1.You will be provided with a customer number and a PIN and how this will be provided is explained in the user guide.
3.2.Your customer number and PIN are unique to you and you must ensure for security reasons for your own protection that you take all reasonable steps to maintain this information as confidential and that you do not provide it to any third party.
3.3.To the extent permissible by law, you agree to accept all responsibility for all activity that occurs on your account.
3.4.You must inform us immediately if you have any reason to believe that your customer number and PIN have become known to any third party or if your account has been, or is likely to be use in a manner that is not authorised by you.
3.5.It is your responsibility to ensure that all details provided to us are accurate and complete and that such details are updated on a regular basis or as required.
3.6.the Trust will not be liable for
3.6.1.any damage caused by communications you fail to receive as a result of missing or incorrect contact details; and/or
3.6.2.any misuse of your account should you share your details with a third party.
3.7.You agree not to use the Portal for otherwise than its intended use, and in particular you agree not to use the Portal:
3.7.1.in any way that causes, or is likely to cause, the Portal or any other website run by or connected to the Trust (including canalrivertrust.org.uk), or any access to any such website, to be interrupted, damaged or impaired in any way;
3.7.2.for fraudulent purposes;
3.7.3.in connection with a criminal offence or other unlawful activity; or
3.7.4.to cause annoyance, inconvenience or anxiety to any other person.
3.8.Occasionally we may have to temporarily suspend access to the Portal (or any part thereof) for technical, operational, or upgrade/improvement reasons, or in an emergency or for your security.
3.9.We reserve the right to refuse you access to the Portal or any other website run by or connected to the Trust (including canalrivertrust.org.uk), and to terminate your account(s) if you are in breach of any relevant laws, these Terms and Conditions or any other applicable terms and conditions, guidelines or policies.
3.10.We will terminate your account on your request if you contact us in writing to report that your account details have been lost, stolen, damaged or destroyed.
3.11.If your account details are lost or stolen by reason of a security lapse on the part of the Trust or its contractors or agents, we will refund to you the money equivalent of all credits left unused on your account.
3.12.Unless expressly stated otherwise the copyright, trademarks and other intellectual property rights in and relating to the Trust and the Portal or any other website run by or connected to the Trust (including canalrivertrust.org.uk) are owned by the Trust (or as the case may be another rightful owner).
3.13.the Trust owned material on these websites including text and images, may not be printed, copied, reproduced, republished, downloaded, posted, displayed, modified, reused, broadcast or transmitted in any way without clear accreditation to the Trust and the particular website and without complying with the Terms and Conditions of Use of data held by the Trust on canalrivertrust.org.uk.
3.14.We will use reasonable endeavours to maintain content but it may be incomplete, out of date or inaccurate and is provided on an “as is” basis. It is a condition of us allowing you access to the website that you accept that we will not be liable for any action you take in reliance on the content contained therein.
4.Links to Other Websites
4.1.At certain places on the Portal, hypertext links are provided to enable you to directly access other third party websites. These third party websites will contain material or information created, published and maintained by organisations independent of the Trust and may offer goods or services for sale. the Trust does not endorse, approve, certify or control these external sites, nor any product or service referred to on them and consequently does not guarantee the accuracy, completeness, efficacy, or timeliness of any material and information appearing on such websites or the quality of any goods or services for sale.
4.2.the Trust assumes no responsibility for any consequences resulting from the use of any material and information displayed or posted on such third party websites and expressly disclaims all liability for damage arising out of the use, reference to, or reliance upon such information. Your use of third party websites and resources is at your own risk.
4.3.All purchases made through such third party websites will be subject to the third party’s own conditions of sale and at no time is the Trust acting in the capacity of either agent, partner or otherwise for such third parties.
5.Liability
5.1.To the maximum extent permitted by law, the Trust is not liable for any loss or damage whatsoever which is suffered including, but not limited to:
5.1.1.compensatory loss or damage;
5.1.2.direct loss or damage;
5.1.3.indirect loss or damage;
5.1.4.special loss or damage;
5.1.5.consequential damages;
5.1.6.loss of data;
5.1.7.loss of income;
5.1.8.loss of profit;
5.1.9.loss of revenue;
5.1.10.loss of business;
5.1.11.loss of goodwill;
5.1.12.wasted management time;
5.1.13.loss of or damage to reputation or anticipated savings;
5.1.14.loss of or damage to property; and
5.1.15.claims of third parties,
howsoever caused (including by any breach of these Terms and Conditions, in connection with the use of the Portal, the sale of electricity, or any interruption in the supply of electricity by us).
5.2.Nothing in these Terms and Conditions limit the Trust’s liability for death or personal injury resulting from our negligence or that of its directors, contractors, employees or agents, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which may not be lawfully excluded. Any statutory rights you may have as a consumer remain unaffected by these Terms and Conditions.
6.Privacy
The Privacy Policy forms part of these Terms and Conditions, and in accepting these Terms and Conditions you also accept the terms of the Privacy Policy and give your consent to our use of cookies and the way in which your personal data is handled, which will be in accordance with the Privacy Policy.
7.Changes to Terms and Conditions
We may from time to time review and revise these Terms and Conditions. Any changes to the Terms and Conditions will take effect from the date they appear on the Portal and it is up to you to regularly review the terms and conditions in case there are any changes. Continued use of the Portal after a change has been made is to be treated as acceptance of that change by you.
8.Third Parties
A person who is not a party to these Terms and Conditions shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms and Conditions.
9.Severability
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question will not be affected.
10.Entire Agreement
These Terms and Conditions (together with the Terms and Conditions of Use of canalrivertrust.org.uk and the Terms and Conditions of our Privacy Policy) constitute the entire agreement between the parties regarding its subject matter and supersedes and replaces any and all prior agreements, understandings or arrangements between the parties, whether oral or in writing, with respect to the same.
11.Waiver
Omission by the Trust to exercise any right under these terms and conditions will not constitute a waiver of such right unless expressly stated by the Trust in writing.
12.Governing Law and Jurisdiction
These Terms and Conditions are governed by English law and you submit to the exclusive jurisdiction of the English courts.
Please see Terms and Conditions
Please see Terms and Conditions
ELECTRICITY PURCHASE PRIVACY NOTICE
1.General
1.1 This privacy notice relates specifically to the information collected in connection with the sale of electricity by the Canal & River Trust (referred to also below as “we”, ”us”, or “our”). It does not replace the Canal & River Trust general Privacy Policy. It is part of the general Privacy Policy and is additional information on the collection and use of any personal information arising from your purchase of electricity and use of the payment portal accessible via the canalrivertrust.org.uk website (which is referred to below as “the Portal”).
1.2 We purchased services from a contractor that involves the operation of a system (“the System”) for receiving payments and for monitoring information relating to customer payment and use of electricity.
1.3 By creating an account and topping up your electricity account on the Portal you are also indicating your consent to Canal and River Trust’s Terms and Conditions for the Purchase of Electricity and Use of the Payment Portal and to our Privacy Policy which includes this privacy notice. This privacy notice will be updated as and when required.
2. Your Personal Information and How we will use it
2.1 The System collects and stores data on each customer and as a result we and relevant contractors will have access to the following Personal Information relating to you and your use of electricity:
•Your name
•Billing address
•Time and date that you plugged in or out of power
•Location and socket number that you plugged in or out of power
•Electricity usage whilst plugged in
•When you topped up your account on the pre-payment system
•When your account was cleared by the issue of an invoice on the credit system.
The information will enable us to review customer history of consumption and payment. We will use the personal information of customers that we have access to in order to:
•To determine energy used for charging purposes;
•To help prevent fraud and theft in relation to payments and the use of the electricity. This may involve having to share your information with third parties such as the police or other organisations involved in preventing or detecting theft or fraud;
•To help manage debt and credit risk associated with energy bills.
•To communicate with you on any matters relating to your usage of electricity and payments, including handling any queries you may have;
•We may pass on your personal information to third parties associated with us such as contractors to enable us to handle your enquiries and requests and to help us in the provision of the services we provide to enable you to use the electricity and the Portal. Such third parties will be accountable to us and we will be responsible for managing their handling of your personal information;
•We may aggregate information and statistics for the purposes of monitoring the electricity usage in order to help us develop and improve the System and the services we provide in relation to the sale of electricity. These statistics will not include information that can be used to identify any individual.
•We may have to disclose your personal information to third parties if we are under a duty to disclose or share it in order to comply with any legal obligation, or in order to enforce or apply any contract with you or other agreements; or to protect our rights, property, or safety of our employees, customers, or others.
3 Protection of Your Personal Information
3.1 We will ensure that adequate measures are in place to keep your personal data secure.
3.2 Your Personal Information will only be kept for as long as is necessary and will be deleted when it is no longer needed.
4. Your Rights
4.1 We will not use your personal information from the System to market products or services to you unless you have expressly indicated your consent to this when agreeing to the Electricity Supply Terms and Conditions or in response to any other opportunity you are given to give or withdraw your consent.
4.2 We will not give third parties your personal information for their own marketing purposes without your consent.
4.3 You can request a copy of any personal information we may hold about you and you can ask us to correct or delete incorrect information. Our contact details are specified in the Canal and River Trust’s main Privacy Policy.
Terms and Conditions
From 11th November 2021 the Canal & River Trust has renegotiated the electricity price for the forthcoming year and the new price is as follows:-
The kwh charge is 24.087 pence/kwh (including 5% VAT).
The standing kwh charge is 0.0162 pence/kwh (including 20% VAT).
This gives a total fee of 24.10 pence/kwh.
This is an overall increase of 8 pence/kwh.
Please remember the Trust make no profit on any electricity supplied.
Terms and Conditions
( Revisions.27.11.2013.(TN))
Canal & River Trust’s Terms and Conditions for the purchase of electricity and use of the payment portal
These Terms and Conditions set out the rights and obligations of:
a)users of the electricity payment portal referred to below which is accessible via the link on the canalrivertrust.org.uk website (“user”, “you”, “your”); and
b)the Canal & River Trust, whose Head Office is at First Floor North, Station House, 500 Elder Gate, Milton Keynes, MK9 1BB (“The Trust”, “we”, “us” or “our”),
in relation to the electricity payment portal called the “Customer Web Dashboard with Payment Gateway” accessible via the link on the canalrivertrust.org.uk website (the “Portal”), the pre-payment for electricity via the Portal, and the supply of electricity provided by the Trust at various mooring sites in the United Kingdom.
Your use of the Portal and any electricity supplied to you by the Trust is subject to these Terms and Conditions. Your use of the Portal is also subject to the terms and conditions of use set out at canalrivertrust.org.uk/terms-and-conditions (the “Terms and Conditions of Use”). By creating an account and topping up your electricity account via the Portal, you are confirming that you have read, understood and accept these Terms and Conditions and the Terms and Conditions of Use.
1.Supply of Electricity
1.1. When buying electricity from the Trust you acknowledge that the Trust is an electricity re-seller and is therefore subject to government regulations and guidelines set by Ofgem, the electricity regulator. We will follow Ofgem guidance in calculating charges. The charges applicable at any time and the method of calculation are set out in the user guide published on the canalrivertrust.org.uk website. You agree that you will use the electricity supply for normal domestic use only and will not use it for any kind of industrial or commercial purpose. You also agree not to sell the electricity on to any third party.
1.2.On a quarterly basis, the Trust will test the electricity supply at each mooring site in accordance with the legal requirements for supplying electricity. This means that you will experience a short power outage while this takes place. You will be notified of any such planned power outages via email only, unless you have made us aware of your need for postal notification and please note that it is your responsibility to remove or protect any electrical appliances during such electrical checks.
1.3.In the event that you experience unscheduled power outages or faults with your electricity supply, you agree to check that your electricity cables have been installed correctly, are being used correctly and your account sign-in details have been entered correctly before contacting the Trust.
1.4.If you continue to experience problems with your electricity supply (after conducting checks in accordance with clause 1.3, above) you should report the problem to the Trust. An engineer will be called out to assess the problem and to attempt to repair any faults or arrange for an exchange of parts. We reserve the right to charge you for any callout if the fault is found to be with your cables or equipment or resulting from incorrectly entered account details.
1.5.You agree to not tamper with the supply of electricity in any way.
1.6.Each time you use the electricity we supply, the credits that are registered on your account will be reduced according to the quantity of the usage. When your credit falls below the low balance threshold, the system will email you on 3 separate occasions advising you of low balance. When the credit is used, the electricity will be switched off until further credit is added.
2.Payment for Electricity via the Portal
2.1.You will pay for all electricity by means of pre-purchased credit. You can purchase credit by either accessing the payment section of the Portal, by credit or debit card payment over the phone, by cash or cheque payment in a Trust office, or by any other method approved by the Trust from time to time.
2.2.The minimum amount of credit which may be purchased at any time is £10.
2.3.the Trust only accepts credit or debit card payments from the following types of card: Visa, MasterCard, Delta/Connect, or Switch.
3.Use of the Portal
3.1.You will be provided with a customer number and a PIN and how this will be provided is explained in the user guide.
3.2.Your customer number and PIN are unique to you and you must ensure for security reasons for your own protection that you take all reasonable steps to maintain this information as confidential and that you do not provide it to any third party.
3.3.To the extent permissible by law, you agree to accept all responsibility for all activity that occurs on your account.
3.4.You must inform us immediately if you have any reason to believe that your customer number and PIN have become known to any third party or if your account has been, or is likely to be use in a manner that is not authorised by you.
3.5.It is your responsibility to ensure that all details provided to us are accurate and complete and that such details are updated on a regular basis or as required.
3.6.the Trust will not be liable for
3.6.1.any damage caused by communications you fail to receive as a result of missing or incorrect contact details; and/or
3.6.2.any misuse of your account should you share your details with a third party.
3.7.You agree not to use the Portal for otherwise than its intended use, and in particular you agree not to use the Portal:
3.7.1.in any way that causes, or is likely to cause, the Portal or any other website run by or connected to the Trust (including canalrivertrust.org.uk), or any access to any such website, to be interrupted, damaged or impaired in any way;
3.7.2.for fraudulent purposes;
3.7.3.in connection with a criminal offence or other unlawful activity; or
3.7.4.to cause annoyance, inconvenience or anxiety to any other person.
3.8.Occasionally we may have to temporarily suspend access to the Portal (or any part thereof) for technical, operational, or upgrade/improvement reasons, or in an emergency or for your security.
3.9.We reserve the right to refuse you access to the Portal or any other website run by or connected to the Trust (including canalrivertrust.org.uk), and to terminate your account(s) if you are in breach of any relevant laws, these Terms and Conditions or any other applicable terms and conditions, guidelines or policies.
3.10.We will terminate your account on your request if you contact us in writing to report that your account details have been lost, stolen, damaged or destroyed.
3.11.If your account details are lost or stolen by reason of a security lapse on the part of the Trust or its contractors or agents, we will refund to you the money equivalent of all credits left unused on your account.
3.12.Unless expressly stated otherwise the copyright, trademarks and other intellectual property rights in and relating to the Trust and the Portal or any other website run by or connected to the Trust (including canalrivertrust.org.uk) are owned by the Trust (or as the case may be another rightful owner).
3.13.the Trust owned material on these websites including text and images, may not be printed, copied, reproduced, republished, downloaded, posted, displayed, modified, reused, broadcast or transmitted in any way without clear accreditation to the Trust and the particular website and without complying with the Terms and Conditions of Use of data held by the Trust on canalrivertrust.org.uk.
3.14.We will use reasonable endeavours to maintain content but it may be incomplete, out of date or inaccurate and is provided on an “as is” basis. It is a condition of us allowing you access to the website that you accept that we will not be liable for any action you take in reliance on the content contained therein.
4.Links to Other Websites
4.1.At certain places on the Portal, hypertext links are provided to enable you to directly access other third party websites. These third party websites will contain material or information created, published and maintained by organisations independent of the Trust and may offer goods or services for sale. the Trust does not endorse, approve, certify or control these external sites, nor any product or service referred to on them and consequently does not guarantee the accuracy, completeness, efficacy, or timeliness of any material and information appearing on such websites or the quality of any goods or services for sale.
4.2.the Trust assumes no responsibility for any consequences resulting from the use of any material and information displayed or posted on such third party websites and expressly disclaims all liability for damage arising out of the use, reference to, or reliance upon such information. Your use of third party websites and resources is at your own risk.
4.3.All purchases made through such third party websites will be subject to the third party’s own conditions of sale and at no time is the Trust acting in the capacity of either agent, partner or otherwise for such third parties.
5.Liability
5.1.To the maximum extent permitted by law, the Trust is not liable for any loss or damage whatsoever which is suffered including, but not limited to:
5.1.1.compensatory loss or damage;
5.1.2.direct loss or damage;
5.1.3.indirect loss or damage;
5.1.4.special loss or damage;
5.1.5.consequential damages;
5.1.6.loss of data;
5.1.7.loss of income;
5.1.8.loss of profit;
5.1.9.loss of revenue;
5.1.10.loss of business;
5.1.11.loss of goodwill;
5.1.12.wasted management time;
5.1.13.loss of or damage to reputation or anticipated savings;
5.1.14.loss of or damage to property; and
5.1.15.claims of third parties,
howsoever caused (including by any breach of these Terms and Conditions, in connection with the use of the Portal, the sale of electricity, or any interruption in the supply of electricity by us).
5.2.Nothing in these Terms and Conditions limit the Trust’s liability for death or personal injury resulting from our negligence or that of its directors, contractors, employees or agents, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which may not be lawfully excluded. Any statutory rights you may have as a consumer remain unaffected by these Terms and Conditions.
6.Privacy
The Privacy Policy forms part of these Terms and Conditions, and in accepting these Terms and Conditions you also accept the terms of the Privacy Policy and give your consent to our use of cookies and the way in which your personal data is handled, which will be in accordance with the Privacy Policy.
7.Changes to Terms and Conditions
We may from time to time review and revise these Terms and Conditions. Any changes to the Terms and Conditions will take effect from the date they appear on the Portal and it is up to you to regularly review the terms and conditions in case there are any changes. Continued use of the Portal after a change has been made is to be treated as acceptance of that change by you.
8.Third Parties
A person who is not a party to these Terms and Conditions shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms and Conditions.
9.Severability
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question will not be affected.
10.Entire Agreement
These Terms and Conditions (together with the Terms and Conditions of Use of canalrivertrust.org.uk and the Terms and Conditions of our Privacy Policy) constitute the entire agreement between the parties regarding its subject matter and supersedes and replaces any and all prior agreements, understandings or arrangements between the parties, whether oral or in writing, with respect to the same.
11.Waiver
Omission by the Trust to exercise any right under these terms and conditions will not constitute a waiver of such right unless expressly stated by the Trust in writing.
12.Governing Law and Jurisdiction
These Terms and Conditions are governed by English law and you submit to the exclusive jurisdiction of the English courts.
Please see Terms and Conditions
Please see Terms and Conditions
ELECTRICITY PURCHASE PRIVACY NOTICE
1.General
1.1 This privacy notice relates specifically to the information collected in connection with the sale of electricity by the Canal & River Trust (referred to also below as “we”, ”us”, or “our”). It does not replace the Canal & River Trust general Privacy Policy. It is part of the general Privacy Policy and is additional information on the collection and use of any personal information arising from your purchase of electricity and use of the payment portal accessible via the canalrivertrust.org.uk website (which is referred to below as “the Portal”).
1.2 We purchased services from a contractor that involves the operation of a system (“the System”) for receiving payments and for monitoring information relating to customer payment and use of electricity.
1.3 By creating an account and topping up your electricity account on the Portal you are also indicating your consent to Canal and River Trust’s Terms and Conditions for the Purchase of Electricity and Use of the Payment Portal and to our Privacy Policy which includes this privacy notice. This privacy notice will be updated as and when required.
2. Your Personal Information and How we will use it
2.1 The System collects and stores data on each customer and as a result we and relevant contractors will have access to the following Personal Information relating to you and your use of electricity:
•Your name
•Billing address
•Time and date that you plugged in or out of power
•Location and socket number that you plugged in or out of power
•Electricity usage whilst plugged in
•When you topped up your account on the pre-payment system
•When your account was cleared by the issue of an invoice on the credit system.
The information will enable us to review customer history of consumption and payment. We will use the personal information of customers that we have access to in order to:
•To determine energy used for charging purposes;
•To help prevent fraud and theft in relation to payments and the use of the electricity. This may involve having to share your information with third parties such as the police or other organisations involved in preventing or detecting theft or fraud;
•To help manage debt and credit risk associated with energy bills.
•To communicate with you on any matters relating to your usage of electricity and payments, including handling any queries you may have;
•We may pass on your personal information to third parties associated with us such as contractors to enable us to handle your enquiries and requests and to help us in the provision of the services we provide to enable you to use the electricity and the Portal. Such third parties will be accountable to us and we will be responsible for managing their handling of your personal information;
•We may aggregate information and statistics for the purposes of monitoring the electricity usage in order to help us develop and improve the System and the services we provide in relation to the sale of electricity. These statistics will not include information that can be used to identify any individual.
•We may have to disclose your personal information to third parties if we are under a duty to disclose or share it in order to comply with any legal obligation, or in order to enforce or apply any contract with you or other agreements; or to protect our rights, property, or safety of our employees, customers, or others.
3 Protection of Your Personal Information
3.1 We will ensure that adequate measures are in place to keep your personal data secure.
3.2 Your Personal Information will only be kept for as long as is necessary and will be deleted when it is no longer needed.
4. Your Rights
4.1 We will not use your personal information from the System to market products or services to you unless you have expressly indicated your consent to this when agreeing to the Electricity Supply Terms and Conditions or in response to any other opportunity you are given to give or withdraw your consent.
4.2 We will not give third parties your personal information for their own marketing purposes without your consent.
4.3 You can request a copy of any personal information we may hold about you and you can ask us to correct or delete incorrect information. Our contact details are specified in the Canal and River Trust’s main Privacy Policy.
Terms and Conditions
From 11th November 2021 the Canal & River Trust has renegotiated the electricity price for the forthcoming year and the new price is as follows:-
The kwh charge is 24.087 pence/kwh (including 5% VAT).
The standing kwh charge is 0.0162 pence/kwh (including 20% VAT).
This gives a total fee of 24.10 pence/kwh.
This is an overall increase of 8 pence/kwh.
Please remember the Trust make no profit on any electricity supplied.
Terms and Conditions
( Revisions.27.11.2013.(TN))
Canal & River Trust’s Terms and Conditions for the purchase of electricity and use of the payment portal
These Terms and Conditions set out the rights and obligations of:
a)users of the electricity payment portal referred to below which is accessible via the link on the canalrivertrust.org.uk website (“user”, “you”, “your”); and
b)the Canal & River Trust, whose Head Office is at First Floor North, Station House, 500 Elder Gate, Milton Keynes, MK9 1BB (“The Trust”, “we”, “us” or “our”),
in relation to the electricity payment portal called the “Customer Web Dashboard with Payment Gateway” accessible via the link on the canalrivertrust.org.uk website (the “Portal”), the pre-payment for electricity via the Portal, and the supply of electricity provided by the Trust at various mooring sites in the United Kingdom.
Your use of the Portal and any electricity supplied to you by the Trust is subject to these Terms and Conditions. Your use of the Portal is also subject to the terms and conditions of use set out at canalrivertrust.org.uk/terms-and-conditions (the “Terms and Conditions of Use”). By creating an account and topping up your electricity account via the Portal, you are confirming that you have read, understood and accept these Terms and Conditions and the Terms and Conditions of Use.
1.Supply of Electricity
1.1. When buying electricity from the Trust you acknowledge that the Trust is an electricity re-seller and is therefore subject to government regulations and guidelines set by Ofgem, the electricity regulator. We will follow Ofgem guidance in calculating charges. The charges applicable at any time and the method of calculation are set out in the user guide published on the canalrivertrust.org.uk website. You agree that you will use the electricity supply for normal domestic use only and will not use it for any kind of industrial or commercial purpose. You also agree not to sell the electricity on to any third party.
1.2.On a quarterly basis, the Trust will test the electricity supply at each mooring site in accordance with the legal requirements for supplying electricity. This means that you will experience a short power outage while this takes place. You will be notified of any such planned power outages via email only, unless you have made us aware of your need for postal notification and please note that it is your responsibility to remove or protect any electrical appliances during such electrical checks.
1.3.In the event that you experience unscheduled power outages or faults with your electricity supply, you agree to check that your electricity cables have been installed correctly, are being used correctly and your account sign-in details have been entered correctly before contacting the Trust.
1.4.If you continue to experience problems with your electricity supply (after conducting checks in accordance with clause 1.3, above) you should report the problem to the Trust. An engineer will be called out to assess the problem and to attempt to repair any faults or arrange for an exchange of parts. We reserve the right to charge you for any callout if the fault is found to be with your cables or equipment or resulting from incorrectly entered account details.
1.5.You agree to not tamper with the supply of electricity in any way.
1.6.Each time you use the electricity we supply, the credits that are registered on your account will be reduced according to the quantity of the usage. When your credit falls below the low balance threshold, the system will email you on 3 separate occasions advising you of low balance. When the credit is used, the electricity will be switched off until further credit is added.
2.Payment for Electricity via the Portal
2.1.You will pay for all electricity by means of pre-purchased credit. You can purchase credit by either accessing the payment section of the Portal, by credit or debit card payment over the phone, by cash or cheque payment in a Trust office, or by any other method approved by the Trust from time to time.
2.2.The minimum amount of credit which may be purchased at any time is £10.
2.3.the Trust only accepts credit or debit card payments from the following types of card: Visa, MasterCard, Delta/Connect, or Switch.
3.Use of the Portal
3.1.You will be provided with a customer number and a PIN and how this will be provided is explained in the user guide.
3.2.Your customer number and PIN are unique to you and you must ensure for security reasons for your own protection that you take all reasonable steps to maintain this information as confidential and that you do not provide it to any third party.
3.3.To the extent permissible by law, you agree to accept all responsibility for all activity that occurs on your account.
3.4.You must inform us immediately if you have any reason to believe that your customer number and PIN have become known to any third party or if your account has been, or is likely to be use in a manner that is not authorised by you.
3.5.It is your responsibility to ensure that all details provided to us are accurate and complete and that such details are updated on a regular basis or as required.
3.6.the Trust will not be liable for
3.6.1.any damage caused by communications you fail to receive as a result of missing or incorrect contact details; and/or
3.6.2.any misuse of your account should you share your details with a third party.
3.7.You agree not to use the Portal for otherwise than its intended use, and in particular you agree not to use the Portal:
3.7.1.in any way that causes, or is likely to cause, the Portal or any other website run by or connected to the Trust (including canalrivertrust.org.uk), or any access to any such website, to be interrupted, damaged or impaired in any way;
3.7.2.for fraudulent purposes;
3.7.3.in connection with a criminal offence or other unlawful activity; or
3.7.4.to cause annoyance, inconvenience or anxiety to any other person.
3.8.Occasionally we may have to temporarily suspend access to the Portal (or any part thereof) for technical, operational, or upgrade/improvement reasons, or in an emergency or for your security.
3.9.We reserve the right to refuse you access to the Portal or any other website run by or connected to the Trust (including canalrivertrust.org.uk), and to terminate your account(s) if you are in breach of any relevant laws, these Terms and Conditions or any other applicable terms and conditions, guidelines or policies.
3.10.We will terminate your account on your request if you contact us in writing to report that your account details have been lost, stolen, damaged or destroyed.
3.11.If your account details are lost or stolen by reason of a security lapse on the part of the Trust or its contractors or agents, we will refund to you the money equivalent of all credits left unused on your account.
3.12.Unless expressly stated otherwise the copyright, trademarks and other intellectual property rights in and relating to the Trust and the Portal or any other website run by or connected to the Trust (including canalrivertrust.org.uk) are owned by the Trust (or as the case may be another rightful owner).
3.13.the Trust owned material on these websites including text and images, may not be printed, copied, reproduced, republished, downloaded, posted, displayed, modified, reused, broadcast or transmitted in any way without clear accreditation to the Trust and the particular website and without complying with the Terms and Conditions of Use of data held by the Trust on canalrivertrust.org.uk.
3.14.We will use reasonable endeavours to maintain content but it may be incomplete, out of date or inaccurate and is provided on an “as is” basis. It is a condition of us allowing you access to the website that you accept that we will not be liable for any action you take in reliance on the content contained therein.
4.Links to Other Websites
4.1.At certain places on the Portal, hypertext links are provided to enable you to directly access other third party websites. These third party websites will contain material or information created, published and maintained by organisations independent of the Trust and may offer goods or services for sale. the Trust does not endorse, approve, certify or control these external sites, nor any product or service referred to on them and consequently does not guarantee the accuracy, completeness, efficacy, or timeliness of any material and information appearing on such websites or the quality of any goods or services for sale.
4.2.the Trust assumes no responsibility for any consequences resulting from the use of any material and information displayed or posted on such third party websites and expressly disclaims all liability for damage arising out of the use, reference to, or reliance upon such information. Your use of third party websites and resources is at your own risk.
4.3.All purchases made through such third party websites will be subject to the third party’s own conditions of sale and at no time is the Trust acting in the capacity of either agent, partner or otherwise for such third parties.
5.Liability
5.1.To the maximum extent permitted by law, the Trust is not liable for any loss or damage whatsoever which is suffered including, but not limited to:
5.1.1.compensatory loss or damage;
5.1.2.direct loss or damage;
5.1.3.indirect loss or damage;
5.1.4.special loss or damage;
5.1.5.consequential damages;
5.1.6.loss of data;
5.1.7.loss of income;
5.1.8.loss of profit;
5.1.9.loss of revenue;
5.1.10.loss of business;
5.1.11.loss of goodwill;
5.1.12.wasted management time;
5.1.13.loss of or damage to reputation or anticipated savings;
5.1.14.loss of or damage to property; and
5.1.15.claims of third parties,
howsoever caused (including by any breach of these Terms and Conditions, in connection with the use of the Portal, the sale of electricity, or any interruption in the supply of electricity by us).
5.2.Nothing in these Terms and Conditions limit the Trust’s liability for death or personal injury resulting from our negligence or that of its directors, contractors, employees or agents, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which may not be lawfully excluded. Any statutory rights you may have as a consumer remain unaffected by these Terms and Conditions.
6.Privacy
The Privacy Policy forms part of these Terms and Conditions, and in accepting these Terms and Conditions you also accept the terms of the Privacy Policy and give your consent to our use of cookies and the way in which your personal data is handled, which will be in accordance with the Privacy Policy.
7.Changes to Terms and Conditions
We may from time to time review and revise these Terms and Conditions. Any changes to the Terms and Conditions will take effect from the date they appear on the Portal and it is up to you to regularly review the terms and conditions in case there are any changes. Continued use of the Portal after a change has been made is to be treated as acceptance of that change by you.
8.Third Parties
A person who is not a party to these Terms and Conditions shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms and Conditions.
9.Severability
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question will not be affected.
10.Entire Agreement
These Terms and Conditions (together with the Terms and Conditions of Use of canalrivertrust.org.uk and the Terms and Conditions of our Privacy Policy) constitute the entire agreement between the parties regarding its subject matter and supersedes and replaces any and all prior agreements, understandings or arrangements between the parties, whether oral or in writing, with respect to the same.
11.Waiver
Omission by the Trust to exercise any right under these terms and conditions will not constitute a waiver of such right unless expressly stated by the Trust in writing.
12.Governing Law and Jurisdiction
These Terms and Conditions are governed by English law and you submit to the exclusive jurisdiction of the English courts.
Please see Terms and Conditions
Please see Terms and Conditions
ELECTRICITY PURCHASE PRIVACY NOTICE
1.General
1.1 This privacy notice relates specifically to the information collected in connection with the sale of electricity by the Canal & River Trust (referred to also below as “we”, ”us”, or “our”). It does not replace the Canal & River Trust general Privacy Policy. It is part of the general Privacy Policy and is additional information on the collection and use of any personal information arising from your purchase of electricity and use of the payment portal accessible via the canalrivertrust.org.uk website (which is referred to below as “the Portal”).
1.2 We purchased services from a contractor that involves the operation of a system (“the System”) for receiving payments and for monitoring information relating to customer payment and use of electricity.
1.3 By creating an account and topping up your electricity account on the Portal you are also indicating your consent to Canal and River Trust’s Terms and Conditions for the Purchase of Electricity and Use of the Payment Portal and to our Privacy Policy which includes this privacy notice. This privacy notice will be updated as and when required.
2. Your Personal Information and How we will use it
2.1 The System collects and stores data on each customer and as a result we and relevant contractors will have access to the following Personal Information relating to you and your use of electricity:
•Your name
•Billing address
•Time and date that you plugged in or out of power
•Location and socket number that you plugged in or out of power
•Electricity usage whilst plugged in
•When you topped up your account on the pre-payment system
•When your account was cleared by the issue of an invoice on the credit system.
The information will enable us to review customer history of consumption and payment. We will use the personal information of customers that we have access to in order to:
•To determine energy used for charging purposes;
•To help prevent fraud and theft in relation to payments and the use of the electricity. This may involve having to share your information with third parties such as the police or other organisations involved in preventing or detecting theft or fraud;
•To help manage debt and credit risk associated with energy bills.
•To communicate with you on any matters relating to your usage of electricity and payments, including handling any queries you may have;
•We may pass on your personal information to third parties associated with us such as contractors to enable us to handle your enquiries and requests and to help us in the provision of the services we provide to enable you to use the electricity and the Portal. Such third parties will be accountable to us and we will be responsible for managing their handling of your personal information;
•We may aggregate information and statistics for the purposes of monitoring the electricity usage in order to help us develop and improve the System and the services we provide in relation to the sale of electricity. These statistics will not include information that can be used to identify any individual.
•We may have to disclose your personal information to third parties if we are under a duty to disclose or share it in order to comply with any legal obligation, or in order to enforce or apply any contract with you or other agreements; or to protect our rights, property, or safety of our employees, customers, or others.
3 Protection of Your Personal Information
3.1 We will ensure that adequate measures are in place to keep your personal data secure.
3.2 Your Personal Information will only be kept for as long as is necessary and will be deleted when it is no longer needed.
4. Your Rights
4.1 We will not use your personal information from the System to market products or services to you unless you have expressly indicated your consent to this when agreeing to the Electricity Supply Terms and Conditions or in response to any other opportunity you are given to give or withdraw your consent.
4.2 We will not give third parties your personal information for their own marketing purposes without your consent.
4.3 You can request a copy of any personal information we may hold about you and you can ask us to correct or delete incorrect information. Our contact details are specified in the Canal and River Trust’s main Privacy Policy.
Terms and Conditions for Metered Electricity at Wyatts Covert Caravan & Motorhome Club
These are the terms and conditions for the Metered Electricity. For the Club terms and conditions visit camc.com
1. Definitions
1.1 When the following words are used in these terms and conditions, this is what they will mean:
(a) Meter Macs: Is the name of the company that meter each socket (point of use), so it can work out how much the individual member/guest has used.
(b) Booking: Your request to us for a pitch.
© KWh: a measure of electrical energy equivalent to a power consumption of one thousand watts for one hour.
(d) OFGEM: Office of Gas and Electricity Markets. A non-ministerial government department and an independent National Regulatory Authority.
(e) Club campsite: Wyatts Covert Club Campsite, Tilehouse Lane, Denham, Uxbridge, Buckinghamshire, UB9 5DH.
1.2 When we use words in “writing” or “written” in these terms and conditions, this will include email unless we say otherwise.
2. Electricity Charges
2.1 Electricity on your pitch will be supplied by Meter Macs and this is charged separately from your booking price.
2.2 Electricity will be charged at 42p Per KWh between April – September 2023 and 44.1p Per KWh between October 2023 – March 2024, which is inclusive of VAT at 5% This figure reflects our cost to supply in accordance with OFGEM guidance.
3. Changes to Pricing
3.1 We will not change the price electricity is charged at without advising you first. We will always notify you in writing if this happens, but this will not affect your rights or our obligations under these terms and conditions.
4. Choosing Electrical Hook Up Supply on your Pitch
4.1 If you have booked a pitch with an “electrical hook up,” you will have the choice to have an optional supply of electricity.
4.2 By choosing to have an electrical supply, you are agreeing to the setting up of an online Account with MeterMacs and adding credit to the account to pay for any electricity you use.
4.3 You may choose not to have an electrical supply by not plugging into the socket.
5 Your Data and Personal Information
5.1 We will only use your personal information that you have provided to us through the Meter Macs portal to be able to supply electric to your pitch and to be able to process electricity payments you make online with Meter Macs.
6 Arrival on Club campsite
6.1 Upon arrival at the Club campsite you will select an available pitch and plug into the bollard
6.2 You can then either set up or login to your Meter Macs online account, add credit to your account and activate the socket via your account
7 Top Up and Meter Macs Account Monitoring
7.1 Using your Meter Macs account, you will be able to log in online and top up your own electricity as required using your own device or the tablet available at reception
7.2.You will have control of your socket and you will be able to turn this on and off, if required and will need to do this each time you unplug from the socket during your stay
7.3 If you do not have your own smart phone, tablet or computer you can use the tablet provided for use 24/7 at reception.
8 Refunds
8.1 You may request a refund for any remaining credit that you have at any time via your Meter Macs account. This should be requested through the Meter Macs portal, or can be done on site as long as you do not delete your account
8.2 Any remaining credit that is left on your Meter Macs account after your departure date can be used by you at another time, if you decide to stay with us again in the future at Wyatts Covert Club Campsite. Credit will remain on your account for the duration of the trial which is expected to run until May 2024. Any remaining credit you have on your account after this period will expire and is no longer valid.
8.3 It is the customers responsibility to request a refund via their online dashboard. The Club will not be responsible for the processing of refunds of any balance remaining on the account after March 2024
9 Safety
9.1 Any electric hook up provided is for the sole use of that pitch only.
9.2 The electricity supply to our Pitches is normally 16amp however we reserve the right to reduce this capacity without warning and cannot guarantee a full supply during periods of high demand or under conditions outside of our control.
9.3 We do not permit the use of a power splitter on your pitch, as this can cause the power to trip and poses further health and safety risks.
9.4 If you are charging your electric vehicle on pitch this must be done using a mode 2 cable and must not be plugged in directly to the bollard.
9.5 The Club is not responsible for any loss of supply to the site, areas of site, bollards or individual pitch where it is outside of our control. if you have no electricity going through the socket the meter will not be running, and therefore you won’t be charged.
10 Your Departure
10.1 Every time you unplug from the bollard this will stop the supply of electricity via your Meter Macs account, therefore when you unplug on your departure day all electricity supplied will stop
METER MACS SELF SERVICE PORTAL TERMS AND CONDITIONS
Last updated 13th of October 2022
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Meter Macs Limited, doing business as Meter Macs (“Meter Macs,” “we," “us," or “our”), concerning your access to and use of the https://gateway.meter-macs.com/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in the United Kingdom and have our registered office at 820 The Crescent, Colchester Business Park, Colchester, Essex CO4 9YQ. Our VAT number is GB 107 4993 00. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all these Terms of Use.
If you do not agree with all these Terms of Use, then you are expressly prohibited from using the site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non- commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
USER REPRESENTATIONS
By using the Site, you agree and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete.
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary if that option is available to you.
(3) you have the legal capacity, and you agree to comply with these Terms of Use.
(4) you are not a minor in the jurisdiction in which you reside.
(5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
(6) you will not use the Site for any illegal or unauthorized purpose.
(7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse all current or future use of the Site (or any portion thereof).
USER REGISTRATION
You will be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:
•Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
•Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
•Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
•Use any information obtained from the Site to harass, abuse, or harm another person. Make improper use of our support services or submit false reports of abuse or misconduct.
•Use the Site in a manner inconsistent with any applicable laws or regulations. Engage in unauthorized framing of or linking to the Site.
•Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
•Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. Delete the copyright or other proprietary rights notice from any Content.
•Attempt to impersonate another user or person or use the username of another user.
•Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms”).
•Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
•Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
•Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
•Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
•Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
•Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
•Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise. Use the Site to advertise or offer to sell goods and services.
•Sell or otherwise transfer your profile.
USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination, or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
SITE MANAGEMENT
We reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms of Use.
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities.
(3) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site.
Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be always available. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These conditions are governed by and interpreted following the laws of the United Kingdom, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. Meter Macs Limited and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Basildon, which means that you may make a claim to defend your consumer protection rights regarding these Terms of Use in the United Kingdom, or in the EU country in which you reside.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the United Kingdom.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any
Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and © there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
(a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party.
(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use.
© any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER
The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content, or the content of any websites linked to the site, and we will assume no liability or responsibility for any:
(1) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site,
(2) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
(3) any interruption or cessation of transmission to or from the site,
(4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party,
(5) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, or otherwise made available via the site.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the one (1) month period prior to any cause of action arising. Certain UK laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) use of the Site.
(2) breach of these Terms of Use.
(3) any breach of your representations and warranties set forth in these Terms of Use.
(4) your violation of the rights of a third party, including but not limited to intellectual property rights.
(5) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
To resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:
Meter Macs Limited
Unit 1 Bentalls Business Park Basildon, Essex SS143BN
United Kingdom
Phone: 01268533615
support@meter-macs.com
Please see Terms and Conditions
The Caravan and Motorhome Club are processing your personal data for the purpose of providing a utilities service. If you would like to know more about how the Caravan and Motorhome process personal data, please visit our Privacy Policy at: http://www.camc.com/privacy-policy/.
For more information regarding how our processor, Meter Macs uses your personal data, please find more information in the Terms and Conditions.
Terms and Conditions for Metered Electricity at
Cofton Country Holidays Ltd
1.Definitions
1.1 When the following words are used in these terms and conditions, this is what they will mean:
(a) Meter Macs: Is the name of the company that meter each socket (point of use), so it can work out how much the individual customer has used.
(b) Booking: Your request to us for accommodation.
© KWh: a measure of electrical energy equivalent to a power consumption of one thousand watts for one hour.
(d) OFGEM: Office of Gas and Electricity Markets. A non-ministerial government department and an independent National Regulatory Authority.
(e) Park: Cofton Country Holidays Ltd, Starcross, Nr Dawlish, Devon, EX6 8RP.
1.2 When we use words in “writing” or “written” in these terms and conditions, this will include email unless we say otherwise.
2. Electricity Charges
2.1Electricity on your pitch will be supplied by Meter Macs and this is charged separately from your booking price.
2.2Electricity will be charged at 0.30p Per KWh, which is inclusive of a service charge and VAT. This figure has been calculated to cover all annual service charges to Cofton Country Holidays Ltd relating to the use and maintenance of the Meter Macs system. This figure reflects our cost to supply in accordance with OFGEM guidance.
3. Changes to Pricing
3.1We will not change the price electricity is charged at without advising you first. We will always notify you in writing if this happens, but this will not affect your rights or our obligations under these terms and conditions.
4. Choosing Electrical Hook Up Supply on your Pitch
4.1If you have booked a pitch with an “electrical hook up,” you will have the choice to have an optional supply of electricity.
4.2By choosing to have an electrical supply, you are agreeing to pay us a one-time non-refundable payment of £5.00. This payment will be added to your Meter Macs account as credit to cover the costs of any electricity that you use.
4.3You may choose not to have an electrical supply; therefore, you will not be charged a non-refundable payment of £5.00. You may choose this option because you already have an account with Meter Macs, or you do not want to have an electric supply on your pitch.
5Automatic Meter Macs Account Registration
5.1Where a booking has been made and you have opted to have an electric supply on your pitch, your email address and surname will be used to automatically register you with a new Meter Macs account.
5.2You will be emailed and requested to validate your Meter Macs account.
6Your Data and Personal Information
6.1We will only use your personal information that you have provided to us to be able to supply electric to your pitch and to be able to process electricity payments you make online with Meter Macs or at the park.
6.2Your email address and surname will be provided to Meter Macs and not to any other third party, unless the law requires us to do so.
7Arrival on Park
7.1Your electric socket will be allocated when you have arrived on site and the socket will be turned on ready for use.
7.2Your Meter Macs account will then be allocated the £5.00 non-refundable credit, which you have purchased at the point of booking.
8Top Up and Meter Macs Account Monitoring
8.1Using the Meter Macs account that has been set up for you, you will be able to log in online and top up your own electricity.
8.2You must use the log in details that you verified when the booking was originally made. You will also be given control of your socket and you will be able to turn this on and off, if required.
8.3You may pay for additional electric at our Reception, and you will be able to make secure card payments or pay with cash.
9Refunds
9.1You may request a refund for any remaining credit that you have on your Meter Macs account at any time you are on site with our Reception Team. You may also process your own refund online of any remaining credit on your Meter Macs account.
9.2The park has the right to decline a refund request for the following reasons;
9.2.3: Your request for a refund will be denied if the remaining credit is part of the initial non-refundable £5.00 payment that you made at the point of booking. That payment forms part of the set-up fee and account registration for Meter Macs.
9.2.4: If you cancel your holiday booking with us, we will not refund you the initial non-refundable payment of £5.00.
9.3Any remaining credit that is left on your Meter Macs account after your departure date can be used by you at another time, if you decide to stay with us again in the future. Credit will remain on your account for a period of two years. Any remaining credit you have on your account after this period will expire and is no longer valid.
10Safety
10.1Any electric hook up provided is for the sole use of that pitch only.
10.2The electricity supply to our Seasonal, Hardstanding and Super Pitches is normally 16amp however we reserve the right to reduce this capacity without warning and cannot guarantee a full supply during periods of high demand or under conditions outside of our control.
10.3We do not permit the use of a power splitter on your pitch, as this can cause the power to trip and poses further health and safety risks.
10.4Charging your electric car on the pitch is not permitted and you must use the pod points located on site for this.
11Your Departure
11.1When you check out from Reception, your socket will be vacated and no longer linked to your Meter Macs account.
See Terms and Conditions
See Terms and Conditions
See Terms and Conditions
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1. PRELIMINARY PROVISIONS AND DEFINITIONS
1.1 These Terms of Business form an integral part of all quotations and contracts provided by the Company.
1.2 These Terms of Business apply to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
1.3 In these Terms of Business:
‘Applicable Laws on Consumer Rights’ means all applicable laws, rules, regulations, instruments and provisions in force from time to time relating to consumer protection, including but not limited to the Consumer Rights Act 2015.
‘Company’ means the party or parties undertaking the Work, as well as any authorised member, agent, employee or representative of the Company.
‘Consumer’ means a Customer who is considered a “consumer” under the Applicable Laws on Consumer Rights.
‘Customer’ means the party or parties with whom the Company agrees to perform the Work and shall include the legal owner of any relevant Vessel, any parent or associated company and/or firm, as well as any authorised member, agent, employee or representative of the Customer. Where the Vessel is under demise charter and the agreement is with the demise charterer, the Customer shall also include the demise charterer. In the event that the Company enters into an agreement with more than one party, the obligations of such other parties shall be joint and several, unless otherwise agreed in writing.
‘Order’ means the Customer’s order for the Work, as set out in the Customer’s order form, or the Customer’s written acceptance of the Company’s quotation, or overleaf, as the case may be.
‘Parties’ means the Company and the Customer; each a Party and collectively the Parties.
‘Vessel’ means any vessel or a floating craft of any nature (or part thereof), or any other comparable object such as a yacht, a lighter, a barge, a pontoon, a tug, a drilling-platform, a rig as well as any other object entrusted to the Company for the Work to be undertaken.
‘Work’ means the goods and services supplied to the Customer and/or work undertaken by the Company pursuant to these Terms of Business.
2. LIABILITY
2.1 The Company shall not be liable for any failure or delay in performing its obligations hereunder, or for any loss or damage, caused by or arising from events or circumstances beyond its reasonable control (which includes, without limitation, acts of God, wars (whether declared or not), riots, civil commotions, malicious damage, embargoes, compliance with any law or governmental order, rule, regulation or direction, breakdown of plant or machinery, fire, flood, accidents, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Company or any other Party), failure of a utility service or transport network, unusually severe weather conditions, default of suppliers or subcontractors or the actions of third parties not employed by the Parties).
2.2 The Company shall take reasonable steps to maintain security at its premises, and to maintain its facilities and equipment in reasonably good order and condition.
2.3 Notwithstanding Clause 2.2, the Vessel, and any other property of the Customer left at the Company’s premises, is at the Customer’s own risk.
2.4 The Company retains the right to move or relocate any vessel moored in the marina or stored on hardstanding for whatever reason.
2.5 The Company shall not be under any duty to salvage or preserve the Vessel from the consequences of: (a) any defect in the Vessel and/or (b) an accident which has not been caused by the Company. However, the Company reserves the right to salvage or preserve the Vessel, at its sole discretion, in appropriate circumstances and in particular where the safety of people, property or the environment is at risk.
2.6 The Customer shall effect and maintain, at no cost to the Company, liability insurance providing cover for any loss or damage for which the Customer may be liable under these Terms of Business (including third party liability cover and, where appropriate, employer’s liability cover in respect of any of its employees).
2.7 The Company shall effect and maintain, at no cost to the Customer, liability insurance for such loss or damage for which the Company may be held liable under these Terms of Business.
2.8 Each Party shall produce copies of insurance policies as evidence of cover, immediately and (in any case within seven (7) days) upon
request by the other Party.
2.9 Each Party accepts responsibility and liability for:
2.8.1 death or personal injury caused by its negligence or the negligence of its employees, agents or sub-contractors;
2.8.2 damage to or of any equipment or property of the other party.
2.8.3 fraud or fraudulent misrepresentation; or
2.8.4 any other reason for which it would be illegal for the Parties to exclude liability.
2.10 Subject to Clause 2.8, the Company shall under no circumstances whatsoever, be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with these Terms of Business.
2.11 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Terms of Business.
3. PRICES AND ESTIMATES
3.1 The price for the Work shall be the price set out in the Order, or if no price is quoted for the Work, the price will be determined based upon the labour and materials expended and services provided in accordance with the Company’s usual tariff at the time when the Work was performed, as duly invoiced to the Customer (the “Price”).
3.2 Unless otherwise agreed in writing, the price will not include expenses incurred for pilotage, salvage, tugs, harbour dues and similar charges which shall be invoiced separately to the Customer.
3.3 The Company will exercise reasonable skill and judgment when giving an estimate or indication of price. However, estimates are always subject to the accuracy of information provided by the Customer, are often based on a superficial examination and do not include the cost of any emergent work which may be necessary nor the cost of any extensions to the Work. The Company reserves its right to (a) increase the rates under its usual tariff (provided that such increase does not take place more than once in any twelve (12) months) and/or (b) subject to Clause 3.4, increase the Price for the Work.
3.4 The Company will inform the Customer of any proposed increase in the estimated Price, together with the reasons for such increase, and will proceed with the Work after having obtained the Customer’s approval (such approval not to be unreasonably delayed or withheld). The Customer shall remain responsible for the cost of labour and materials already supplied or remaining to be supplied which are not affected by the proposed increase in the Price.
4. PAYMENT
4.1 Unless otherwise agreed between the Parties in writing, payment for all Work provided shall be due immediately upon receipt of the Company’s invoice. Payment shall be deemed to have been made when received by the Company in cash or cleared funds at the Company’s nominated bank account. Time for payment is of the essence.
4.2 If the Customer fails to make any payment due to the Company by the due date for payment, the Company has the right to charge interest on the overdue amount at the rate of four percent (4%) above Bank of England base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment.
4.3 The Customer shall pay all amounts due under these Terms of Business in full without any set-off, counterclaim, deduction or withholding except as required or permitted by law. The Company may, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by the Company to the Customer.
4.4 To the extent permitted by law, the Customer hereby grants to the Company a lien and a continuing security interest, and, where applicable, a maritime lien, over the Vessel as security for payment of the Price until full payment of the Price by the Customer, or until the Customer has given security to the Company in a form and substance acceptable to the Company (for example a letter of guarantee from a bank reasonably acceptable to the Company or lodgement of a cash deposit with a professional third party agent reasonably acceptable to the Company). The security provided shall be sufficient to cover the debt with interest and, where the debt is contested, a reasonable provision for the Company’s prospective
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legal costs and expenses. 4.5 The Company shall be entitled to charge the Customer for storage and the provision of any ongoing services at the Company’s normal daily rates until full payment (or provision of security) by the Customer and removal of the Vessel from the Company’s premises. The Customer shall be entitled to remove the Vessel upon providing proper security.
5. DELAYS
5.1 Unless otherwise agreed in writing by the Parties, time estimates given for completion of the Work are given in good faith and without guarantee.
5.2 The Company shall not be liable for any failure or delay in the performance or completion of the Work, or for any such loss or damage resulting therefrom, unless the Company has expressly guaranteed completion by a specific date in writing, or the delay arises from its wilful acts or omissions or negligence.
6. THE VESSEL’S MOVEMENTS
6.1 The Company shall have the right to order such movements of the Vessel and such tests or trials it deems necessary in order to perform and determine the due completion of the Work and/or for reasons of safety, security or good management of the Company’s business and premises.
6.2 The costs of such movements, trials and/or tests including the cost of any bunkers and/or consumables shall be borne by the Customer.
7. TITLE AND RISK
7.1 Risk in all goods, equipment and materials supplied by the Company to the Customer shall pass to the Customer at the time of supply to the Customer of such goods, equipment or materials or at the time when such goods, equipment or material are assigned or affixed to the Vessel, as the case may be.
7.2 Title to all goods, equipment and materials supplied by the Company to the Customer shall not pass to the Customer until the Company receives payment in full (in cash or cleared funds) for the Work.
8. GUARANTEE
8.1 The Company guarantees that, for a period of twelve (12) months from completion of the Work (the “Warranty Period”), the Work will be free of defects in material and workmanship and in conformity with the agreed specification. The Customer shall give notice in writing (as per Clause 18) to the Company of any defects in material or workmanship (“Defective Work”) which may become apparent and shall provide the Company with sufficient evidence so as to establish the nature and extent of the Defective Work. This guarantee applies only to the Customer: a person who is not a Party to these Terms of Business shall not have any rights to enforce these Terms of Business.
8.2 On notification by the Customer of the Defective Work, the Company will be given a reasonable opportunity to inspect the Defective Work and if it is the Company’s responsibility, the Company shall repair or re-perform, in whole or in part, at its discretion, the Defective Work. Delivery of repairs or re-performance under this guarantee will be made in accordance with these Terms of Business.
8.3 The Customer shall, immediately after the discovery of any Defective Work, take all appropriate steps to mitigate any loss or damage and to prevent any Defective Work becoming more serious.
8.4 The Company shall not be liable for any Defective Work if the defect arose as a result of: (a) the Customer’s failure to follow the Company’s oral or written instructions; (b) the Company following any drawing, design or specifications supplied by the Customer; © fair wear and tear, wilful damage, negligence or abnormal working conditions; and/or (d) changes made to ensure compliance with applicable statutory or regulatory standards.
8.5 Any remedial work which is put in hand by the Customer directly without first notifying the Company and allowing the Company a reasonable opportunity to inspect the Defective Work shall invalidate the guarantee provided under this Clause 8.
8.6 Where the Customer is not a Consumer:
8.6.1 these Terms of Business do not contain any express or implied term as to quality or fitness for any particular purpose, unless, prior to the Work being performed, the purpose has been clearly identified in writing to the Company and the Customer has stipulated that it is relying upon the Company’s skill and judgment to ensure this purpose has been met; and
8.6.2 the Company accepts no liability to the Customer in respect of any loss of profit or turnover which the Customer or its
customer or any other person may sustain in consequence of the failure of any faulty or unfit article supplied to the Customer by the Company.
8.7 The Company shall assign to the Customer any and all of its rights against the manufacturer or supplier of any particular article used in the Work or supplied to the Customer as part of the Work.
9. QUALITY STANDARDS
9.1 The Company will exercise reasonable care and skill in the performance of the Work in accordance with the provisions of these Terms of Business, the requirements of any relevant regulatory bodies and, in the absence of any other contractual term as to quality, to a satisfactory standard.
10. ACCESS TO PREMISES / WORK
10.1 No work or services shall be carried out by the Customer on the Vessel or the Company’s premises without the Company’s prior written consent except for minor running repairs or minor maintenance of a routine nature. The Company’s consent may be revoked with immediate effect in the event of any breach of these Terms of Business by the Customer, in which case the Company shall be entitled to demand the immediate cessation of any work.
10.2 The Customer is subject to the Company’s health and safety, environmental and access policies and shall further be obliged to comply with all laws and regulations relating to environmental protection and safety.
10.3 The customer shall carry out any works on their vessel in the DIY area (section A) provided by the company.
10.4 The Customer is responsible for any damage or loss caused directly or indirectly from any breach of its obligations under these Terms of Business.
10.5 The Customer shall take all necessary precautions to avoid pollution of the environment and shall indemnify the Company for any loss or damage arising from any pollution of the environment.
10.6 The Customer shall ensure that it does not cause any nuisance or annoyance to the Company, any other customer or person present or residing in the vicinity and does not interfere with the Company’s schedule for the Work and/or the good management of the Company’s premises and business.
10.7 During performance of the Work by the Company (and/or any of the Company’s sub-contractors), the Customer shall not have access to the Vessel unless the Company’s prior written consent has been obtained.
10.8 The Company reserves the right to insist that Customers working on a vessel leave the Marina if either the owner or contractor has failed to comply with clause 10.1, 10.4 and/or 10.8.
11. THE MARINA
11.1 The customer shall take responsibility in ensuring that their vessel and the area around their vessel is kept tidy and free of trip hazards.
11.2 Electricity cables shall be placed in such a way as not to cause nuisance or danger to other moorers.
11.3 The speed limit for vehicles in all areas of the marina is 10mph. Action will be taken against anyone not adhering to this limit.
11.4 No antisocial behaviour, including verbal or physical abuse, will be tolerated to fellow moorers or members of staff within the marina. Where deemed necessary, immediate action will be taken potentially resulting in the immediate termination of mooring contracts.
11.5 In the event where any person or persons has an accident on the marina, no matter how the accident occurred and whether any property or persons were harmed, they are to report the accident to the Marina reception withing 24hrs of the event.
12. MOORINGS & REFUNDS
12.1 Moorings are charged on the basis of actual boat length plus two feet to allow for fenders. Advance payment is required and Invoices are raised on a quarterly basis.
12.2 Mooring contracts may be terminated with one months’ full written notice being given to the Company. Only full months’ mooring fees will be refunded after the notice has been served.
12.3 Where deemed necessary, the Company reserves the right to ask moorers to leave with immediate effect if any of these Conditions are breached. In this circumstance, no refund will be given.
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13. VEHICLE PARKING
13.1 Parking is permitted for one vehicle per vessel. Parking for additional vehicles must be formally requested and will be subject to extra charges.
13.2 All vehicles are parked entirely at their owner’s risk and the Company cannot be held liable for any theft or damage that may occur whilst the vehicle is parked at the Marina.
13.3 No vehicles are permitted to be used in such a manner as to make provision for overnight accommodation unless with the express permission of the Company.
13.4 No tent, caravan (motor or trailer) or other vehicle adapted for accommodation may remain on any part of the marina without prior permission from the Company.
14. HEALTH & SAFETY
14.1 Boat owners and users must abide by all relevant Health & Safety regulations, codes of practice and health & safety guidance issued by the Company whilst in the Marina.
14.2 No vessel should be refuelled whilst in the water unless tied up at the refuelling station.
14.3 Children under the age of 16 are the sole responsibility of their parents or guardians, must be under supervision at all times and are not to cause a nuisance as per clause 10.6.
14.4 Running or cycling on the pontoons is not permitted.
14.5 Moorers are not permitted to alter berths or facilities in any fashion.
14.6 The Owner is responsible for ensuring that their vessel is safely moored at all times.
14.7 The Company reserves the right to replace mooring ropes and secure vessels in the interest of safety, all at the Owners expense and without prior notification.
15. ASSIGNMENT AND OTHER DEALINGS
15.1 The Company may at any time assign, transfer or deal in any other manner with all or any rights under these Terms of Business and may sub-contract or delegate in any manner any or all of its obligations under these Terms of Business to a third party.
15.2 The Customer shall not, without the prior written consent of the Company, assign, transfer, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under these Terms of Business.
16. CONSUMER RIGHTS
16.1 To the extent that these Terms of Business contradict with the Applicable Laws on Consumer Rights, the rights conferred on Consumers under the Applicable Laws on Consumer Rights remain unaffected.
16.2 Advice on whether a Customer is a Consumer or is otherwise protected by some or all of the Applicable Laws on Consumer Rights may be obtained from any local Trading Standards Office, the Citizens Advice Bureau, the Office of Fair Trading or any firm of solicitors practising in England and Wales.
17. THIRD PARTY RIGHTS
17.1 A person who is not a Party to these Terms of Business shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Business.
18. COMMUNICATION AND NOTICES
18.1 All communications and notices given under these Terms of Business shall be in writing. A notice shall be sufficiently served if given by effective means of communication, including but not limited to fax, email, registered or recorded mail or by personal service, to the Customer’s last known address or to the Company’s official email, trading address or registered office.
19. SEVERANCE
19.1 If any provision of these Terms of Business is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Clause 19 shall not affect the validity and enforceability of the remaining provisions of these Terms of Business.
20. GOVERNING LAW AND JURISDICTION
20.1 These Terms of Business, as well as any contract(s) made subject to these Terms of Business, shall be governed by and construed in accordance with English law.
20.2 All disputes arising out of or in connection with these Terms of Business shall be subject to the non-exclusive jurisdiction of the English courts.
20.3 Disputes arising out of or in connection with this Agreement, when they cannot be resolved by negotiation, may, with the written agreement of the Parties, first be submitted to mediation under British Marine’s (“BM”) Dispute Resolution Scheme. Details of the Scheme are available to current BM members on request from BM and/or online on BM’s member website.
See Terms and Conditions
See Terms and Conditions
METER MACS SELF SERVICE PORTAL TERMS AND CONDITIONS
Last updated 13th of October 2022
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made
between you, whether personally or on behalf of an entity (“you”)
and Meter Macs Limited, doing business as Meter Macs (“Meter
Macs,” “we," “us," or “our”), concerning your access to and use of
the https://portal.meter-macs.com/ website as well as any other
media form, media channel, mobile website or mobile application
related, linked, or otherwise connected thereto (collectively, the
“Site”). We are registered in the United Kingdom and have our
registered office at 820 The Crescent, Colchester Business Park,
Colchester, Essex CO4 9YQ. Our VAT number is GB 107 4993 00.
You agree that by accessing the Site, you have read, understood,
and agreed to be bound by all of these Terms of Use.
If you do not agree with all of these Terms of Use, then you are
expressly prohibited from using the site and you must discontinue
use immediately.
Supplemental terms and conditions or documents that may be
posted on the Site from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our sole
discretion, to make changes or modifications to these Terms of Use
from time to time. We will alert you about any changes by updating
the “Last updated” date of these Terms of Use, and you waive any
right to receive specific notice of each such change. Please ensure
that you check the applicable Terms every time you use our Site so
that you understand which Terms apply. You will be subject to and
will be deemed to have been made aware of and to have accepted,
the changes in any revised Terms of Use by your continued use of
the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for
distribution to or use by any person or entity in any jurisdiction or
country where such distribution or use would be contrary to law
or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those
persons who choose to access the Site from other locations do so
on their own initiative and are solely responsible for compliance
with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons
under the age of 18 are not permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and
all source code, databases, functionality, software, website designs,
audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and
logos contained therein (the “Marks”) are owned or controlled by
us or licensed to us, and are protected by copyright and trademark
laws and various other intellectual property rights and unfair
competition laws of the United Kingdom, international copyright
laws, and international conventions. The Content and the Marks
are provided on the Site “AS IS” for your information and personal
use only. Except as expressly provided in these Terms of Use, no
part of the Site and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a
limited license to access and use the Site and to download or print a
copy of any portion of the Content to which you have properly
gained access solely for your personal, non- commercial use. We
reserve all rights not expressly granted to you in and to the Site, the
Content, and the Marks.
USER REPRESENTATIONS
By using the Site, you agree and warrant that:
(1) all registration information you submit will be true, accurate,
current, and complete.
(2) you will maintain the accuracy of such information and
promptly update such registration information as necessary if that
option is available to you.
(3) you have the legal capacity, and you agree to comply with these
Terms of Use.
(4) you are not a minor in the jurisdiction in which you reside.
(5) you will not access the Site through automated or non-human
means, whether through a bot, script, or otherwise.
(6) you will not use the Site for any illegal or unauthorized purpose.
(7) your use of the Site will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or terminate
your account and refuse all current or future use of the Site (or any
portion thereof).
USER REGISTRATION
You will be required to register with the Site. You agree to keep
your password confidential and will be responsible for all use of
your account and password. We reserve the right to remove,
reclaim, or change a username you select if we determine, in our
sole discretion, that such username is inappropriate, obscene, or
otherwise objectionable.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that
for which we make the Site available. The Site may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or approved by us. As a user of the Site, you
agree not to:
Systematically retrieve data or other content from
the Site to create or compile, directly or indirectly, a
collection, compilation, database, or directory
without written permission from us. Trick, defraud,
or mislead us and other users, especially in any
attempt to learn sensitive account information such
as user passwords.
Circumvent, disable, or otherwise interfere with securityrelated
features of the Site, including features that prevent or
restrict the use or copying of any Content or enforce
limitations on the use of the Site and/or the Content contained
therein.
Disparage, tarnish, or otherwise harm, in our opinion, us
and/or the Site.
Use any information obtained
from the Site in order to harass,
abuse, or harm another person.
Make improper use of our
support services or submit false
reports of abuse or misconduct.
Use the Site in a manner
inconsistent with any
applicable laws or regulations.
Engage in unauthorized
framing of or linking to the
Site.
Upload or transmit (or attempt to upload or to transmit)
viruses, Trojan horses, or other material, including excessive
use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party’s uninterrupted
use and enjoyment of the Site or modifies, impairs, disrupts,
alters, or interferes with the use, features, functions,
operation, or maintenance of the Site.
Engage in any automated use of the system, such as
using scripts to send comments or messages, or
using any data mining, robots, or similar data
gathering and extraction tools. Delete the copyright
or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or
use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information collection
or transmission mechanism, including without limitation, clear
graphics interchange formats (“gifs”), 1×1 pixels, web bugs,
cookies, or other similar devices (sometimes referred to as
“spyware” or “passive collection mechanisms”).
Interfere with, disrupt, or create an undue burden on the Site
or the networks or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Site to you.
Attempt to bypass any measures of the Site designed to prevent
or restrict access to the Site, or any portion of the Site. Copy or
adapt the Site’s software, including but not limited to Flash, PHP,
HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Site.
Except as may be the result of standard search engine or
Internet browser usage, use, launch, develop, or distribute any
automated system, including without limitation, any spider,
robot, cheat utility, scraper, or offline reader that accesses the
Site, or using or launching any unauthorized script or other
software.
Make any unauthorized use of the Site, including collecting
usernames and/or email addresses of users by electronic or
other means for the purpose of sending unsolicited email, or
creating user accounts by automated means or under false
pretenses.
Use the Site as part of any effort to compete
with us or otherwise use the Site and/or the
Content for any revenue-generating endeavor
or commercial enterprise. Use the Site to
advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.
USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content.
Any use of the Site in violation of the foregoing violates these
Terms of Use and may result in, among other things, termination,
or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any
information and personal data that you provide following the
terms of the Privacy Policy and your choices (including settings). By
submitting suggestions or other feedback regarding the Site, you
agree that we can use and share such feedback for any purpose
without compensation to you.
SUBMISSIONS
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information regarding the
Site (“Submissions”) provided by you to us are non-confidential
and shall become our sole property. We shall own exclusive rights,
including all intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of these Submissions for any
lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby waive all
moral rights to any such Submissions, and you hereby warrant that
any such Submissions are original with you or that you have the
right to submit such Submissions. You agree there shall be no
recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site) links to other
websites (“Third-Party Websites”) as well as articles, photographs,
text, graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or
originating from third parties (“Third-Party Content”). Such Third-
Party Websites and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for any Third-Party
Websites accessed through the Site or any Third-Party Content
posted on, available through, or installed from the Site, including
the content, accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of or contained in the Third-Party
Websites or the Third-Party Content. Inclusion of, linking to, or
permitting the use or installation of any Third-Party Websites or
any Third-Party Content does not imply approval or endorsement
thereof by us. If you decide to leave the Site and access the Third-
Party Websites or to use or install any Third-Party Content, you do
so at your own risk, and you should be aware these Terms of Use
no longer govern. You should review the applicable terms and
policies, including privacy and data gathering practices, of any
website to which you navigate from the Site or relating to any
applications you use or install from the Site. Any purchases you
make through Third-Party Websites will be through other websites
and from other companies, and we take no responsibility
whatsoever in relation to such purchases which are exclusively
between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services
offered on Third-Party Websites and you shall hold us harmless
from any harm caused by your purchase of such products or
services. Additionally, you shall hold us harmless from any losses
sustained by you or harm caused to you relating to or resulting in
any way from any Third-Party Content or any contact with Third-
Party Websites.
SITE MANAGEMENT
We reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms of Use.
(2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Terms of Use, including without
limitation, reporting such user to law enforcement authorities.
(3) otherwise manage the Site in a manner designed to protect our
rights and property and to facilitate the proper functioning of the
Site.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you
use the Site.
Without limiting any other provision of these terms of use, we
reserve the right to, in our sole discretion and without notice or
liability, deny access to and use of the site (including blocking
certain IP addresses), to any person for any reason or for no reason,
including without limitation for breach of any representation,
warranty, or covenant contained in these terms of use or of any
applicable law or regulation. We may terminate your use or
participation in the site or delete your account and any content or
information that you posted at any time, without warning, in our
sole discretion.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party. In addition
to terminating or suspending your account, we reserve the right to
take appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of
the Site at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information
on our Site. We also reserve the right to modify or discontinue all or
part of the Site without notice at any time. We will not be liable to
you or any third party for any modification, price change,
suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may
experience hardware, software, or other problems or need to
perform maintenance related to the Site, resulting in interruptions,
delays, or errors. We reserve the right to change, revise, update,
suspend, discontinue, or otherwise modify the Site at any time or
for any reason without notice to you. You agree that we have no
liability whatsoever for any loss, damage, or inconvenience caused
by your inability to access or use the Site during any downtime or
discontinuance of the Site. Nothing in these Terms of Use will be
construed to obligate us to maintain and support the Site or to
supply any corrections, updates, or releases in connection
therewith.
GOVERNING LAW
These conditions are governed by and interpreted following the
laws of the United Kingdom, and the use of the United Nations
Convention of Contracts for the International Sale of Goods is
expressly excluded. If your habitual residence is in the EU, and you
are a consumer, you additionally possess the protection provided
to you by obligatory provisions of the law of your country of
residence. Meter Macs Limited and yourself both agree to submit
to the non-exclusive jurisdiction of the courts of Basildon, which
means that you may make a claim to defend your consumer
protection rights in regard to these Terms of Use in the United
Kingdom, or in the EU country in which you reside.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Terms of Use (each “Dispute”
and collectively, the “Disputes”) brought by either you or us
(individually, a “Party” and collectively, the “Parties”), the Parties
agree to first attempt to negotiate any Dispute (except those
Disputes expressly provided below) informally for at least thirty
(30) days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to
this contract shall be determined by one arbitrator who will be
chosen in accordance with the Arbitration and Internal Rules of the
European Court of Arbitration being part of the European Centre of
Arbitration Kingdom. The language of the proceedings shall be
English. Applicable rules of substantive law shall be the law of the
United Kingdom.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law,
(a) no arbitration shall be joined with any other proceeding; (b) there
is no right or authority for any
Dispute to be arbitrated on a class-action basis or to utilize class
action procedures; and © there is no right or authority for any
Dispute to be brought in a purported representative capacity on
behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning informal negotiations and binding
arbitration:
(a) any Disputes seeking to enforce or protect, or concerning the
validity of, any of the intellectual property rights of a Party.
(b) any Dispute related to, or arising from, allegations of theft,
piracy, invasion of privacy, or unauthorized use.
© any claim for injunctive relief. If this provision is found to be
illegal or unenforceable, then neither Party will elect to arbitrate
any Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a
court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or
update the information on the Site at any time, without prior
notice.
DISCLAIMER
The site is provided on an as-is and as-available basis. You agree that
your use of the site and our services will be at your sole risk. To the
fullest extent permitted by law, we disclaim all warranties, express
or implied, in connection with the site and your use thereof,
including, without limitation, the implied warranties of
merchantability, fitness for a particular purpose, and noninfringement.
We make no warranties or representations about the
accuracy or completeness of the site’s content, or the content of
any websites linked to the site, and we will assume no liability or
responsibility for any:
(1) personal injury or property damage, of any nature whatsoever,
resulting from your access to and use of the site,
(2) any unauthorized access to or use of our secure servers and/or
any and all personal information and/or financial information
stored therein,
(3) any interruption or cessation of transmission to or from the
site,
(4) any bugs, viruses, trojan horses, or the like which may be
transmitted to or through the site by any third party,
(5) any errors or omissions in any content and materials or for any
loss or damage of any kind incurred as a result of the use of any
Content posted, transmitted, or otherwise made available via the
site.
We do not warrant, endorse, guarantee, or assume responsibility
for any product or service advertised or offered by a third party
through the site, any hyperlinked website, or any website or mobile
application featured in any banner or other advertising, and we will
not be a party to or in any way be responsible for monitoring any
transaction between you and any third-party providers of products
or services. As with the purchase of a product or service through
any medium or in any environment, you should use your best
judgment and exercise caution where appropriate.
LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or agents be liable
to you or any third party for any direct, indirect, consequential,
exemplary, incidental, special, or punitive damages, including lost
profit, lost revenue, loss of data, or other damages arising from
your use of the site, even if we have been advised of the possibility
of such damages.
Notwithstanding anything to the contrary contained herein, our
liability to you for any cause whatsoever and regardless of the form
of the action, will at all times be limited to the amount paid, if any,
by you to us during the one (1) month period prior to any cause of
action arising. Certain UK laws and international laws do not allow
limitations on implied warranties or the exclusion or limitation of
certain damages. If these laws apply to you, some or all of the
above disclaimers or limitations may not apply to you, and you may
have additional rights.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including
our subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss,
damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Site.
(2) breach of these Terms of Use.
(3) any breach of your representations and warranties set forth in
these Terms of Use.
(4) your violation of the rights of a third party, including but not
limited to intellectual property rights.
(5) any overt harmful act toward any other user of the Site with
whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree
to cooperate, at your expense, with our defense of such claims.
We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon
becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the
purpose of managing the performance of the Site, as well as data
relating to your use of the Site. Although we perform regular
routine backups of data, you are solely responsible for all data that
you transmit or that relates to any activity you have undertaken
using the Site. You agree that we shall have no liability to you for
any loss or corruption of any such data, and you hereby waive any
right of action against us arising from any such loss or corruption of
such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms
constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal
requirement that such communication be in writing. You hereby
agree to the use of electronic signatures, contracts, orders, and
other records, and to electronic delivery of notices, policies, and
records of transactions initiated or completed by us or via the site.
You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of nonelectronic
records, or to payments or the granting of credits by any
means other than electronic means.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by
us on the Site or in respect to the Site constitute the entire
agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Terms of Use
shall not operate as a waiver of such right or provision. These
Terms of Use operate to the fullest extent permissible by law. We
may assign any or all of our rights and obligations to others at any
time. We shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Terms of Use
is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these
Terms of Use and does not affect the validity and enforceability of
any remaining provisions. There is no joint venture, partnership,
employment, or agency relationship created between you and us
as a result of these Terms of Use or use of the Site. You agree that
these Terms of Use will not be construed against us by virtue of
having drafted them. You hereby waive any and all defenses you
may have based on the electronic form of these Terms of Use and
the lack of signing by the parties hereto to execute these Terms of
Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive
further information regarding the use of the Site, please contact us
at:
Meter Macs Limited
Unit 1 Bentalls
Business Park
Basildon, Essex
SS143BN
United Kingdom
Phone: 01268533615
support@meter-macs.com
Terms and conditions goes here
Terms of Service goes here
Refund policy goes here
Privacy policy goes here
TERMS OF USE:
This page (together with the documents referred to in it) tells you the terms of use on which you may make use of the site whether as an authorised customer or a guest of an authorised customer. Please read these terms of use carefully before you start to use the Customer Web Dashboard. By using the Customer Web Dashboard, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the Customer Web Dashboard.
ACCESSING THE CUSTOMER WEB DASHBOARD
Access to the Customer Web Dashboard is permitted on a temporary basis, and the Customer Web Dashboard and the Associate reserve the right to withdraw or amend the services provided on the Customer Web Dashboard without notice (see below). The Customer Web Dashboard and associate will not be liable if for any reason the Customer Web Dashboard is unavailable at any time or for any period. From time to time, the supplier may restrict access to some parts of the Customer Web Dashboard, or the entire Customer Web Dashboard, to users.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. The supplier has the right to disable any user identification code or password, whether chosen by you or allocated by the supplier, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
When using the Customer Web Dashboard, you must comply with all ‘Terms of Use’ as detailed in this document.
You are responsible for making all arrangements necessary for you to have access to the Customer Web Dashboard. You are also responsible for ensuring that all persons who access the Customer Web Dashboard through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
The Customer Web Dashboard is powered by Meter Macs Ltd; the owner, author and the licensee of all intellectual property rights in the Customer Web Dashboard, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Customer Web Dashboard for your personal reference, you will be held liable for any and all damages resulting from the misuse of the Customer Web Dashboard; by you or your agents.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on the Customer Web Dashboard must always be acknowledged.
You must not use any part of the materials on the Customer Web Dashboard for commercial purposes without obtaining a license to do so from the supplier or their licensors.
If you print off, copy or download any part of the Customer Web Dashboard in breach of these terms of use, your right to use the Customer Web Dashboard will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the Customer Web Dashboard are not intended to amount to advice on which reliance should be placed. The supplier therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Customer Web Dashboard, or by anyone who may be informed of any of its contents.
CUSTOMER WEB DASHBOARD UPDATES
The supplier aims to update the Customer Web Dashboard regularly, and may change the content at any time. If the need arises, the supplier may suspend access to the Customer Web Dashboard, or close it indefinitely. Any of the material on the Customer Web Dashboard may be out of date at any given time, and the supplier is under no obligation to update such material.
LIABILITY
While the supplier will use reasonable efforts to ensure that the Customer Web Dashboard is accurate and up-to-date, the material displayed is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, the supplier hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Customer Web Dashboard or in connection with the use, inability to use, or results of the use the Customer Web Dashboard, any Customer Web Dashboards linked to them and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE CUSTOMER WEB DASHBOARD
The supplier and associate will process information about you in accordance with the supplier’s privacy policy. By using the Customer Web Dashboard, you consent to such processing and you warrant that all data provided by you is accurate.
UPLOADING MATERIAL TO THE CUSTOMER WEB DASHBOARD
Whenever you make use of a feature that allows you to upload material to the Customer Web Dashboard, or to make contact with other users of the Customer Web Dashboard, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify the supplier for any breach of that warranty.
Any material you upload to the Customer Web Dashboard will be considered non-confidential and non-proprietary, and the supplier has the right to use, copy, distribute and disclose to third parties any such material for any purpose. The supplier and associate also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Customer Web Dashboard constitutes a violation of their intellectual property or proprietary rights, or of their right to privacy.
The supplier will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Customer Web Dashboard.
The supplier has the right to remove any material or posting you make on the Customer Web Dashboard if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the Customer Web Dashboard by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Customer Web Dashboard, the server on which the Customer Web Dashboard is stored or any server, computer or database connected to the Customer Web Dashboard. You must not attack the Customer Web Dashboard via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. The supplier will report any such breach to the relevant law enforcement authorities and the supplier will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Customer Web Dashboard will cease immediately.
The Supplier and Associate will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Customer Web Dashboard or to your downloading of any material posted on them, or on any Customer Web Dashboard linked to them.
LINKING TO THE CUSTOMER WEB DASHBOARD
You may link to the home Customer Web Dashboard provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any Customer Web Dashboard that is not owned by you.
The Customer Web Dashboard must not be framed on any other Customer Web Dashboard, nor may you create a link to any part of the Customer Web Dashboard other than the home page. The supplier and associate reserves the right to withdraw linking permission without notice. The Customer Web Dashboard from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on the Customer Web Dashboard other than that set out above, please address your request via the home Customer Web Dashboard.
LINKS FROM THE CUSTOMER WEB DASHBOARD
Where the Customer Web Dashboard contains links to other sites and resources provided by third parties, these links are provided for your information only. Unless expressly stated the supplier has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the Customer Web Dashboard. These terms of use are governed by English law.
VARIATIONS
The supplier may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Customer Web Dashboard.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and the supplier under which you may access the supplier’s websites. This acceptable use policy applies to all users of, and visitors to, the Customer Web Dashboard. Your use of the Customer Web Dashboard means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement the supplier’s general terms of website use.
PROHIBITED USES
You may use the Customer Web Dashboard only for lawful purposes. You may not use the Customer Web Dashboard:
• In any way that breaches any applicable local, national or international law or regulation.
•In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
•For the purpose of harming or attempting to harm minors in any way.
•To send, knowingly receive, upload, download, use or re-use any material which does not comply
with the supplier’s content standards.
•To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional
material or any other form of similar solicitation (spam).
•To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
•Not to reproduce, duplicate, copy or re-sell any part of the Customer Web Dashboard in contravention of the provisions of
the supplier’s general terms of website use.
•Not to access without authority, interfere with, damage or disrupt:- any part of the Customer Web Dashboard; any equipment or network on which the Customer Web Dashboard is stored; any software used in the provision of the Customer Web Dashboard; or any equipment or network or software owned or used by any third party.
INTERACTIVE SERVICES
The supplier may from time to time provide interactive services on the Customer Web Dashboard. Where the supplier provides any interactive service, the supplier will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical)
The Supplier will do its best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Customer Web Dashboard, and the supplier will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, the supplier are under no obligation to oversee, monitor or moderate any interactive service the supplier provides on the Customer Web Dashboard, and expressly exclude the supplier’s liability for any loss or damage arising from the use of any interactive service by a user in contravention of the supplier’s content standards, whether the service is moderated or not.
The use of any of the supplier’s interactive services by a minor is subject to the consent of their parent or guardian. The supplier advises parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
CONTENT STANDARDS
These content standards apply to any and all material which you contribute to the Customer Web Dashboard (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
•Be accurate (where they state facts).
•Be genuinely held (where they state opinions).
•Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
•Contain any material which is defamatory of any person.
•Contain any material which is obscene, offensive, hateful or inflammatory.
•Promote sexually explicit material.
•Promote violence.
•Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
•Infringe any copyright, database right or trade mark of any other person.
•Be likely to deceive any person.
•Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of
confidence.
•Promote any illegal activity.
•Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless
anxiety.
•Be likely to harass, upset, embarrass, alarm or annoy any other person.
•Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
•Give the impression that they emanate from the supplier or associate, if this is not the case.
•Advocate, promote or assist any unlawful act such as (by way of example only) copyright
infringement or computer misuse.
SUSPENSION AND TERMINATION
The supplier will determine, at the supplier’s discretion, whether there has been a breach of this acceptable use policy through your use of the Customer Web Dashboard. When a breach of this policy has occurred, the supplier may take such action as the supplier deems appropriate. Failure to comply with this acceptable use policy constitutes a material breach of the general terms of website use upon which you are permitted to use the Customer Web Dashboard, and may result in our taking all or any of the following actions:
•Immediate, temporary or permanent withdrawal of your right to use the Customer Web Dashboard.
•Immediate, temporary or permanent removal of any posting or material uploaded by you to the Customer Web Dashboard.
•Issue of a warning to you.
•Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
•Further legal action against you.
•Disclosure of such information to law enforcement authorities as the supplier reasonably feel is necessary.
•The supplier exclude liability for actions taken in response to breaches of this acceptable use policy.
• The responses described in this policy are not limited, and the supplier may take any other action the supplier reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
The supplier may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on the supplier’s sites.
SUPPLY OF ELECTRICITY – CONDITIONS OF USE
1.An electrical supply is only available to caravans authorised by the supplier and where the caravan owner has a pre-paid balance in their account with the supplier.
2.The supplier cannot guarantee a constant supply and the supplier make no assurance as to the suitability of the caravan to accept the supply, it being the responsibility of the owner to assess the caravan’s suitability.
3.The supplier accepts no responsibility for loss or damage arising out of the supply or its termination.
4.The supplier may revise these conditions of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier make which are binding on you.
TERMS OF USE:
This page (together with the documents referred to in it) tells you the terms of use on which you may make use of the site whether as an authorised customer or a guest of an authorised customer. Please read these terms of use carefully before you start to use the Customer Web Dashboard. By using the Customer Web Dashboard, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the Customer Web Dashboard.
ACCESSING THE CUSTOMER WEB DASHBOARD
Access to the Customer Web Dashboard is permitted on a temporary basis, and the Customer Web Dashboard and the Associate reserve the right to withdraw or amend the services provided on the Customer Web Dashboard without notice (see below). The Customer Web Dashboard and associate will not be liable if for any reason the Customer Web Dashboard is unavailable at any time or for any period. From time to time, the supplier may restrict access to some parts of the Customer Web Dashboard, or the entire Customer Web Dashboard, to users.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. The supplier has the right to disable any user identification code or password, whether chosen by you or allocated by the supplier, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
When using the Customer Web Dashboard, you must comply with all ‘Terms of Use’ as detailed in this document.
You are responsible for making all arrangements necessary for you to have access to the Customer Web Dashboard. You are also responsible for ensuring that all persons who access the Customer Web Dashboard through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
The Customer Web Dashboard is powered by Meter Macs Ltd; the owner, author and the licensee of all intellectual property rights in the Customer Web Dashboard, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Customer Web Dashboard for your personal reference, you will be held liable for any and all damages resulting from the misuse of the Customer Web Dashboard; by you or your agents.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on the Customer Web Dashboard must always be acknowledged.
You must not use any part of the materials on the Customer Web Dashboard for commercial purposes without obtaining a license to do so from the supplier or their licensors.
If you print off, copy or download any part of the Customer Web Dashboard in breach of these terms of use, your right to use the Customer Web Dashboard will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the Customer Web Dashboard are not intended to amount to advice on which reliance should be placed. The supplier therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Customer Web Dashboard, or by anyone who may be informed of any of its contents.
CUSTOMER WEB DASHBOARD UPDATES
The supplier aims to update the Customer Web Dashboard regularly, and may change the content at any time. If the need arises, the supplier may suspend access to the Customer Web Dashboard, or close it indefinitely. Any of the material on the Customer Web Dashboard may be out of date at any given time, and the supplier is under no obligation to update such material.
LIABILITY
While the supplier will use reasonable efforts to ensure that the Customer Web Dashboard is accurate and up-to-date, the material displayed is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, the supplier hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Customer Web Dashboard or in connection with the use, inability to use, or results of the use the Customer Web Dashboard, any Customer Web Dashboards linked to them and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE CUSTOMER WEB DASHBOARD
The supplier and associate will process information about you in accordance with the supplier’s privacy policy. By using the Customer Web Dashboard, you consent to such processing and you warrant that all data provided by you is accurate.
UPLOADING MATERIAL TO THE CUSTOMER WEB DASHBOARD
Whenever you make use of a feature that allows you to upload material to the Customer Web Dashboard, or to make contact with other users of the Customer Web Dashboard, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify the supplier for any breach of that warranty.
Any material you upload to the Customer Web Dashboard will be considered non-confidential and non-proprietary, and the supplier has the right to use, copy, distribute and disclose to third parties any such material for any purpose. The supplier and associate also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Customer Web Dashboard constitutes a violation of their intellectual property or proprietary rights, or of their right to privacy.
The supplier will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Customer Web Dashboard.
The supplier has the right to remove any material or posting you make on the Customer Web Dashboard if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the Customer Web Dashboard by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Customer Web Dashboard, the server on which the Customer Web Dashboard is stored or any server, computer or database connected to the Customer Web Dashboard. You must not attack the Customer Web Dashboard via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. The supplier will report any such breach to the relevant law enforcement authorities and the supplier will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Customer Web Dashboard will cease immediately.
The Supplier and Associate will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Customer Web Dashboard or to your downloading of any material posted on them, or on any Customer Web Dashboard linked to them.
LINKING TO THE CUSTOMER WEB DASHBOARD
You may link to the home Customer Web Dashboard provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any Customer Web Dashboard that is not owned by you.
The Customer Web Dashboard must not be framed on any other Customer Web Dashboard, nor may you create a link to any part of the Customer Web Dashboard other than the home page. The supplier and associate reserves the right to withdraw linking permission without notice. The Customer Web Dashboard from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on the Customer Web Dashboard other than that set out above, please address your request via the home Customer Web Dashboard.
LINKS FROM THE CUSTOMER WEB DASHBOARD
Where the Customer Web Dashboard contains links to other sites and resources provided by third parties, these links are provided for your information only. Unless expressly stated the supplier has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the Customer Web Dashboard. These terms of use are governed by English law.
VARIATIONS
The supplier may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Customer Web Dashboard.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and the supplier under which you may access the supplier’s websites. This acceptable use policy applies to all users of, and visitors to, the Customer Web Dashboard. Your use of the Customer Web Dashboard means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement the supplier’s general terms of website use.
PROHIBITED USES
You may use the Customer Web Dashboard only for lawful purposes. You may not use the Customer Web Dashboard:
• In any way that breaches any applicable local, national or international law or regulation.
•In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
•For the purpose of harming or attempting to harm minors in any way.
•To send, knowingly receive, upload, download, use or re-use any material which does not comply
with the supplier’s content standards.
•To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional
material or any other form of similar solicitation (spam).
•To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
•Not to reproduce, duplicate, copy or re-sell any part of the Customer Web Dashboard in contravention of the provisions of
the supplier’s general terms of website use.
•Not to access without authority, interfere with, damage or disrupt:- any part of the Customer Web Dashboard; any equipment or network on which the Customer Web Dashboard is stored; any software used in the provision of the Customer Web Dashboard; or any equipment or network or software owned or used by any third party.
INTERACTIVE SERVICES
The supplier may from time to time provide interactive services on the Customer Web Dashboard. Where the supplier provides any interactive service, the supplier will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical)
The Supplier will do its best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Customer Web Dashboard, and the supplier will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, the supplier are under no obligation to oversee, monitor or moderate any interactive service the supplier provides on the Customer Web Dashboard, and expressly exclude the supplier’s liability for any loss or damage arising from the use of any interactive service by a user in contravention of the supplier’s content standards, whether the service is moderated or not.
The use of any of the supplier’s interactive services by a minor is subject to the consent of their parent or guardian. The supplier advises parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
CONTENT STANDARDS
These content standards apply to any and all material which you contribute to the Customer Web Dashboard (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
•Be accurate (where they state facts).
•Be genuinely held (where they state opinions).
•Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
•Contain any material which is defamatory of any person.
•Contain any material which is obscene, offensive, hateful or inflammatory.
•Promote sexually explicit material.
•Promote violence.
•Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
•Infringe any copyright, database right or trade mark of any other person.
•Be likely to deceive any person.
•Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of
confidence.
•Promote any illegal activity.
•Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless
anxiety.
•Be likely to harass, upset, embarrass, alarm or annoy any other person.
•Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
•Give the impression that they emanate from the supplier or associate, if this is not the case.
•Advocate, promote or assist any unlawful act such as (by way of example only) copyright
infringement or computer misuse.
SUSPENSION AND TERMINATION
The supplier will determine, at the supplier’s discretion, whether there has been a breach of this acceptable use policy through your use of the Customer Web Dashboard. When a breach of this policy has occurred, the supplier may take such action as the supplier deems appropriate. Failure to comply with this acceptable use policy constitutes a material breach of the general terms of website use upon which you are permitted to use the Customer Web Dashboard, and may result in our taking all or any of the following actions:
•Immediate, temporary or permanent withdrawal of your right to use the Customer Web Dashboard.
•Immediate, temporary or permanent removal of any posting or material uploaded by you to the Customer Web Dashboard.
•Issue of a warning to you.
•Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
•Further legal action against you.
•Disclosure of such information to law enforcement authorities as the supplier reasonably feel is necessary.
•The supplier exclude liability for actions taken in response to breaches of this acceptable use policy.
• The responses described in this policy are not limited, and the supplier may take any other action the supplier reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
The supplier may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on the supplier’s sites.
SUPPLY OF ELECTRICITY – CONDITIONS OF USE
1.An electrical supply is only available to caravans authorised by the supplier and where the caravan owner has a pre-paid balance in their account with the supplier.
2.The supplier cannot guarantee a constant supply and the supplier make no assurance as to the suitability of the caravan to accept the supply, it being the responsibility of the owner to assess the caravan’s suitability.
3.The supplier accepts no responsibility for loss or damage arising out of the supply or its termination.
4.The supplier may revise these conditions of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier make which are binding on you.
Refund Policy
Privacy Policy
This policy (together with the supplier’s general terms of website use and any other documents referred to in it) sets out the basis on which any personal data the supplier collect from you, or that you provide to the supplier, will be processed by the supplier. Please read the following carefully to understand the supplier’s views and practices regarding your personal data and how the supplier will treat it.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is the Supplier.
IP ADDRESSES AND COOKIES
The Supplier may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about the users’ browsing actions and patterns, and does not identify any individual.
For the same reason, the supplier may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the supplier’s Customer Web Dashboard. Unless you have adjusted your browser setting so that it will refuse cookies, the supplier’s system may issue cookies when you log on to the Customer Web Dashboard. Please note that third parties to whom the supplier provide links from the Customer Web Dashboard may also use cookies, over which the supplier have no control.
WHERE THE SUPPLIER STOREs YOUR PERSONAL DATA
The data that the supplier collect from you is stored within the European Economic Area. The supplier will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to the supplier is stored on the supplier’s secure servers or on secure servers hosted by third parties with which The supplier have a contractual arrangement to provide website hosting services. Any payment transactions will be encrypted using SSL technology. Where the supplier has given you (or where you have chosen) a password which enables you to access certain parts of the supplier’s sites, you are responsible for keeping this password confidential. The supplier asks you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. The Supplier will do its best to protect your personal data, the supplier cannot guarantee the security of your data transmitted to the Customer Web Dashboard; any transmission is at your own risk. Once the supplier has received your information, the supplier will use strict procedures and security features to try to prevent unauthorised access.
YOUR PERSONAL DATA
Information held about you may be used in the following ways:
• To ensure that content from the Customer Web Dashboard is presented in the most effective manner for you and for your computer.
• To carry out the supplier’s obligations arising from any contracts entered into.
• To allow you to participate in interactive features of the supplier’s services, when you choose to do so.
• To notify you about changes to the supplier’s services.
• To administer any berth or mooring agreements that you may have with the supplier.
DISCLOSURE OF YOUR INFORMATION
The supplier may disclose your personal information to third parties if required under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply the supplier’s general website terms of use, or to protect the rights, property, or safety of the Suppliers, its customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
YOUR RIGHTS
You have the right to ask the supplier not to process your personal data for marketing purposes. The supplier will usually inform you (before collecting your data) if the supplier intends to use your data for such purposes or if the supplier intends to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms the supplier uses to collect your data. You can also exercise the right at any time by contacting
Our Customer Web Dashboard may, from time to time, contain links to and from the websites of partner networks and advertisers. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that the supplier does not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £25 to meet our costs in providing you with details of the information the supplier hold about you.
CHANGES TO OUR PRIVACY POLICY
Any changes the supplier may make to our privacy policy in the future will be notified to you.
COOKIE POLICY
Cookies are small text files used by internet browsers to store small bits of information about a device or computer, such as preferred settings or preferred languages. Everyone deserves to know when files are to be stored on equipment that they own, and when information about them may be stored and used. Read on to find out how the supplier use cookies. Our website may store a number of different cookies on the computer or device that you use to access our website. Cookies do not take up much space (unless you have thousands of them) and cannot contain viruses or other harmful code. The Customer Web Dashboard will never use cookies that can track your behaviour across multiple websites.
YOUR CONCERNS
If you have any concerns about material which appears on the Customer Web Dashboard, please contact the Site
Thank you for visiting the Customer Web Dashboard.
Inwood Farm
Terms and conditions
Please see http://www.lymingtonharbour.co.uk/terms
TERMS OF USE
This page (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.lymingtonharbour.co.uk, whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
INFORMATION ABOUT US
www.lymingtonharbour.co.uk is a site operated by Lymington Harbour Commissioners (we). We are a Statutory Harbour Authority constituted under the Pier and Harbour Order Act (Lymington) Confirmation Act 1951 [as amended]. Our trading address is at Harbour Office, Bath Road, Lymington, Hampshire, SO41 3SE. Our VAT number is 188538119.
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
When using our sites, you must comply with the provisions of our acceptable use policy.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our sites for commercial purposes without obtaining a license to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
WEBSITE UPDATES
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
OUR LIABILITY
While we use reasonable efforts to ensure that our site is accurate and up-to-date, the material displayed is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
•All conditions, warranties and other terms which might otherwise be implied by statute, common
law or the law of equity.
•Any liability for any direct, indirect or consequential loss or damage incurred by any user in
connection with our site or in connection with the use, inability to use, or results of the use our site, any websites linked to them and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
UPLOADING MATERIAL TO OUR SITE
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property or proprietary rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on them, or on any website linked to them.
LINKING TO OUR SITE
You may link to our home page http://www.lymingtonharbour.co.uk, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on our site other than that set out above, please address your request to harbouroffice@lymingtonharbour.co.uk.
LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Unless expressly stated we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site. These terms of use are governed by English law.
VARIATIONS
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
YOUR CONCERNS
If you have any concerns about material which appears on our site, please contact harbouroffice@lymingtonharbour.co.uk. Thank you for visiting our site.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may access our website www.lymingtonharbour.co.uk (our site). This acceptable use policy applies to all users of, and visitors to, our site. Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our general terms of website use.
www.lymingtonharbour.co.uk is a site operated by Lymington Harbour Commissioners (we or us). We are a Statutory Harbour Authority constituted under the Pier and Harbour Order (Lymington) Confirmation Act 1951 [as amended]. Our trading address is Harbour Office, Bath Road, Lymington, SO41 9ES. Our VAT number is 188 5381 19.
PROHIBITED USES
You may use our site only for lawful purposes. You may not use our site:
• In any way that breaches any applicable local, national or international law or regulation.
•In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
•For the purpose of harming or attempting to harm minors in any way.
•To send, knowingly receive, upload, download, use or re-use any material which does not comply
with our content standards.
•To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional
material or any other form of similar solicitation (spam).
•To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
•Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of
our general terms of website use.
•Not to access without authority, interfere with, damage or disrupt:- any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third party.
INTERACTIVE SERVICES
We may from time to time provide interactive services on our site. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical)
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
CONTENT STANDARDS
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
•Be accurate (where they state facts).
•Be genuinely held (where they state opinions).
•Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
•Contain any material which is defamatory of any person.
•Contain any material which is obscene, offensive, hateful or inflammatory.
•Promote sexually explicit material.
•Promote violence.
•Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
•Infringe any copyright, database right or trade mark of any other person.
•Be likely to deceive any person.
•Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of
confidence.
•Promote any illegal activity.
•Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless
anxiety.
•Be likely to harass, upset, embarrass, alarm or annoy any other person.
•Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
•Give the impression that they emanate from us, if this is not the case.
•Advocate, promote or assist any unlawful act such as (by way of example only) copyright
infringement or computer misuse.
SUSPENSION AND TERMINATION
We will determine, at our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate. Failure to comply with this acceptable use policy constitutes a material breach of the general terms of website use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
•Immediate, temporary or permanent withdrawal of your right to use our site.
•Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
•Issue of a warning to you.
•Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
•Further legal action against you.
•Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
•We exclude liability for actions taken in response to breaches of this acceptable use policy.
• The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our sites.
The following terms and conditions of use relate only to the refund of unused credit on electricity accounts for the ‘Dan Bran’ pontoon. For Lymington Harbour Commissioners full terms of business please visit www.lymingtonharbour.co.uk
1. Unused credit on ‘Dan Bran’ electricity accounts will be refunded on application to the Harbour Office.
PRIVACY POLICY
Lymington Harbour Commissioners (we) are committed to protecting and respecting your privacy.
Please see http://www.lymingtonharbour.co.uk/terms
Electric Charging Point Terms and Conditions
1)Acknowledgement
a)By using one of MDL’s Charging Points to which these Terms and Conditions apply, you acknowledge that you have read and understood these Terms and Conditions, and that you agree to be bound by them.
b)If you do not agree to be bound by these Terms and Conditions, you must not use the Charging Point and you must not actively or passively prevent or obstruct any other person or vehicle from having access to the Charging Point.
c)The Charging Points are located in the Marina car parks and, in certain locations, on the Boat Yard Pedestals useable during the summer season only.
2)Your Obligations
a)You agree to make all reasonable efforts to ensure that you follow the instructions that are displayed on or near the Charging Points.
b)These instructions may change at any time and it is your responsibility to make sure that you follow the instructions that are displayed at the time you use the Charging Point.
c)The handbook for your electric vehicle (“EV”) describes how to recharge your EV safely and efficiently, and you agree to make all reasonable efforts to recharge your EV in accordance with the guidelines in the driver’s handbook.
d)You agree to only use, or attempt to use, an MDL Charging Point for recharging an EV that is compatible with that Charging Point.
e)Connectors and cables required to use the Charging Points are not supplied by MDL. You will be required to supply your own connectors and cables when using the Charging Point. You shall only use connectors and cables that have been provided by your EV manufacture, that are regularly inspected by a professional, and meet the required UK government approved standards.
f)Your use of one of the Charging Points must be fair and reasonable and must not be excessive. You agree that, if MDL consider that your usage is unfair, unreasonable or excessive, MDL may immediately suspend, modify or restrict your access to any or all Charging Points to which these Terms and Conditions apply.
g)You agree to pay the amount as stated on the Smart Meter app for a Charging Point which provides for payment on the Smart Meter app or by making payment to your account at the Marina Office in all other circumstances. Please see clause 5) below for further details.
h)You agree not to use one of the Charging Points in a way that will put the Charging Point, you, any other person, your EV or any other person’s EV at unnecessary risk.
i)You acknowledge that the Charging Points will not be supervised and that you will use them at your own risk.
j)You acknowledge that there may be times where MDL will impose a limit on the time an EV can be charged for. MDL have the right to disconnect a charging EV to allow access for another user. This will only be done after what is deemed to be a fair and reasonable time.
k)In the case of an emergency MDL can stop charging sessions on the grounds of safety.
l)If there are any faults or you have any issues with any of the Charging Points, please contact the Marina Office.
3)Your liability to MDL
You may be liable to MDL as a result of any direct loss or damage that MDL or one of our Charging Points may suffer as a result of you using or having used one of our Charging Points negligently.
4)MDL Obligations
a)MDL will provide the Charging Points as we see fit to enable you to recharge your EV. In doing so, we may suspend or refuse access to a Charging Point at any time, for any reason.
b)MDL will endeavor to keep the Charging Points free from any faults, errors or defects but MDL does not guarantee, nor accepts any obligation to ensure the availability, compatibility, or performance of any Charging Points, nor are we able to guarantee an uninterrupted supply of electricity to the Charging Points.
c)MDL will take reasonably practicable steps to ensure that the instructions about how to use the Charging Point are as clear as MDL can practicably make them either on the Charging Point itself, from the Marina Office or on the Smart Meter app.
5)Our Liability to you
a)MDL are responsible to you for foreseeable loss and damage caused by MDL. If MDL fail to comply with these terms, MDL are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but MDL are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
b)MDL do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by MDL’s negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
c)MDL are not liable for any losses which arise as a result of your failure to follow the charging instructions for your EV or the Charging Point instructions.
d)MDL is not responsible for any loss or damage incurred by you even if the loss is foreseeable if the loss is:
i)Unexpected. It was not obvious that it would happen or the loss is not directly linked to the breach (so, in the law, the loss was unforeseeable).
ii)Caused by a delaying event outside our control. MDL are not responsible for delays outside of their control.
iii)Avoidable. Something you could have avoided by taking reasonable action, including following MDL reasonable instructions for use.
iv)A business loss.
6)Payment
a)Smart Meter Account Charging Points
i)Certain Charging Points within the Marina have a smart meter installed (“Smart Meter Charging Point”). If you intend to use one of the Smart Meter Charging Points you will be required to set up an account with the Smart Meter, to log-in to the website and to make payment in advance for electricity at the rate of charges in force at the Marina from time to time.
ii)It is your responsibility to ensure that your account details are correct and up to date. Please refer to the Smart Meter Charging Instructions when using a Smart Meter Charging Point.
iii)You will be required to pay for your usage in advance via your Smart Meter application which uses the Sage Pay payment gateway. Payments can be made using the usual credit or debit cards.
iv)When registering for a Smart Meter account you will be issued with a unique pin number. It is your responsibility to keep these secure. MSL shall have no liability to you where you have shared your account number or pin with a third party or has failed to keep their account number and/or pin secure.
v)If the balance on your Smart Meter account reaches £0, the supply of electricity will automatically be disconnected until such times as you purchase electricity using your Smart account.
vi)It is your sole responsibility to log into your account, monitor the balance on your account and to make payment for electricity as and when required from time to time. MDL shall have no liability where electricity ceases to be supplied due to your failure to monitor your account and/or make advance payments for electricity.
vii)MDL shall have no liability for any failure or part failure of the Smart Meter website.
viii)If the Smart Meter app fails or fails accurately to register the usage or consumption of electricity for any reason, it is your responsibility to promptly notify MDL. In the case of an under-charge you agree to pay to MDL for the amount MDL reasonably estimates has been used during the period in question. If there has been an over-charged, MDL shall refund to you such amount which in its sole discretion deems reasonable.
b)Non-Smart Meter EV Chargers
i)Where a Charging Point does not have a Smart Meter all electricity consumed shall be prepaid at the Marina Office.
ii)If you require a refund these must be requested from the Marina Office and will take up to 10 days to be processed and be returned to your original payment method.
7)Cancellation of your Smart Meter Account
a)You may cancel your account at any time. You may action this request at the Marina Office.
b)Once your account is cancelled, any remaining balance on your account will be refunded back to you. Transaction records will be retained in accordance with UK financial laws.
8)Additional Terms
a)MDL may collect certain statistical information concerning the use of the Charging Point. Please further details in the applicable Privacy Notice https://www.mdlmarinas.co.uk/_assets/mdl-privacy-policy.pdf
b)MDL may amend these Terms and Conditions at any time and for any reason.
c)These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
d)Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how MDL have handled any complaint, you may want to contact the alternative dispute resolution provider MDL use. MDL will provide details on request.
See Terms and Conditions
See Terms and Conditions
See Terms and Conditions
Electric Charging Point Terms and Conditions
1)Acknowledgement
a)By using one of MDL’s Charging Points to which these Terms and Conditions apply, you acknowledge that you have read and understood these Terms and Conditions, and that you agree to be bound by them.
b)If you do not agree to be bound by these Terms and Conditions, you must not use the Charging Point and you must not actively or passively prevent or obstruct any other person or vehicle from having access to the Charging Point.
c)The Charging Points are located in the Marina car parks and, in certain locations, on the Boat Yard Pedestals useable during the summer season only.
2)Your Obligations
a)You agree to make all reasonable efforts to ensure that you follow the instructions that are displayed on or near the Charging Points.
b)These instructions may change at any time and it is your responsibility to make sure that you follow the instructions that are displayed at the time you use the Charging Point.
c)The handbook for your electric vehicle (“EV”) describes how to recharge your EV safely and efficiently, and you agree to make all reasonable efforts to recharge your EV in accordance with the guidelines in the driver’s handbook.
d)You agree to only use, or attempt to use, an MDL Charging Point for recharging an EV that is compatible with that Charging Point.
e)Connectors and cables required to use the Charging Points are not supplied by MDL. You will be required to supply your own connectors and cables when using the Charging Point. You shall only use connectors and cables that have been provided by your EV manufacture, that are regularly inspected by a professional, and meet the required UK government approved standards.
f)Your use of one of the Charging Points must be fair and reasonable and must not be excessive. You agree that, if MDL consider that your usage is unfair, unreasonable or excessive, MDL may immediately suspend, modify or restrict your access to any or all Charging Points to which these Terms and Conditions apply.
g)You agree to pay the amount as stated on the Smart Meter app for a Charging Point which provides for payment on the Smart Meter app or by making payment to your account at the Marina Office in all other circumstances. Please see clause 5) below for further details.
h)You agree not to use one of the Charging Points in a way that will put the Charging Point, you, any other person, your EV or any other person’s EV at unnecessary risk.
i)You acknowledge that the Charging Points will not be supervised and that you will use them at your own risk.
j)You acknowledge that there may be times where MDL will impose a limit on the time an EV can be charged for. MDL have the right to disconnect a charging EV to allow access for another user. This will only be done after what is deemed to be a fair and reasonable time.
k)In the case of an emergency MDL can stop charging sessions on the grounds of safety.
l)If there are any faults or you have any issues with any of the Charging Points, please contact the Marina Office.
3)Your liability to MDL
You may be liable to MDL as a result of any direct loss or damage that MDL or one of our Charging Points may suffer as a result of you using or having used one of our Charging Points negligently.
4)MDL Obligations
a)MDL will provide the Charging Points as we see fit to enable you to recharge your EV. In doing so, we may suspend or refuse access to a Charging Point at any time, for any reason.
b)MDL will endeavour to keep the Charging Points free from any faults, errors or defects but MDL does not guarantee, nor accepts any obligation to ensure the availability, compatibility, or performance of any Charging Points, nor are we able to guarantee an uninterrupted supply of electricity to the Charging Points.
c)MDL will take reasonably practicable steps to ensure that the instructions about how to use the Charging Point are as clear as MDL can practicably make them either on the Charging Point itself, from the Marina Office or on the Smart Meter app.
5)Our Liability to you
a)MDL are responsible to you for foreseeable loss and damage caused by MDL. If MDL fail to comply with these terms, MDL are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but MDL are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
b)MDL do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by MDL’s negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
c)MDL are not liable for any losses which arise as a result of your failure to follow the charging instructions for your EV or the Charging Point instructions.
d)MDL is not responsible for any loss or damage incurred by you even if the loss is foreseeable if the loss is:
i)Unexpected. It was not obvious that it would happen or the loss is not directly linked to the breach (so, in the law, the loss was unforeseeable).
ii)Caused by a delaying event outside our control. MDL are not responsible for delays outside of their control.
iii)Avoidable. Something you could have avoided by taking reasonable action, including following MDL reasonable instructions for use.
iv)A business loss.
6)Payment
a)Smart Meter Account Charging Points
i)Certain Charging Points within the Marina have a smart meter installed (“Smart Meter Charging Point”). If you intend to use one of the Smart Meter Charging Points you will be required to set up an account with the Smart Meter, to log-in to the website and to make payment in advance for electricity at the rate of charges in force at the Marina from time to time.
ii)It is your responsibility to ensure that your account details are correct and up to date. Please refer to the Smart Meter Charging Instructions when using a Smart Meter Charging Point.
iii)You will be required to pay for your usage in advance via your Smart Meter application which uses the Sage Pay payment gateway. Payments can be made using the usual credit or debit cards.
iv)When registering for a Smart Meter account you will be issued with a unique pin number. It is your responsibility to keep these secure. MSL shall have no liability to you where you have shared your account number or pin with a third party or has failed to keep their account number and/or pin secure.
v)If the balance on your Smart Meter account reaches £0, the supply of electricity will automatically be disconnected until such times as you purchase electricity using your Smart account.
vi)It is your sole responsibility to log into your account, monitor the balance on your account and to make payment for electricity as and when required from time to time. MDL shall have no liability where electricity ceases to be supplied due to your failure to monitor your account and/or make advance payments for electricity.
vii)MDL shall have no liability for any failure or part failure of the Smart Meter website.
viii)If the Smart Meter app fails or fails accurately to register the usage or consumption of electricity for any reason, it is your responsibility to promptly notify MDL. In the case of an under-charge you agree to pay to MDL for the amount MDL reasonably estimates has been used during the period in question. If there has been an over-charged, MDL shall refund to you such amount which in its sole discretion deems reasonable.
b)Non-Smart Meter EV Chargers
i)Where a Charging Point does not have a Smart Meter all electricity consumed shall be prepaid at the Marina Office.
ii)If you require a refund these must be requested from the Marina Office and will take up to 10 days to be processed and be returned to your original payment method.
7)Cancellation of your Smart Meter Account
a)You may cancel your account at any time. You may action this request at the Marina Office.
b)Once your account is cancelled, any remaining balance on your account will be refunded back to you. Transaction records will be retained in accordance with UK financial laws.
8)Additional Terms
a)MDL may collect certain statistical information concerning the use of the Charging Point. Please further details in the applicable Privacy Notice https://www.mdlmarinas.co.uk/_assets/mdl-privacy-policy.pdf
b)MDL may amend these Terms and Conditions at any time and for any reason.
c)These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
d)Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how MDL have handled any complaint, you may want to contact the alternative dispute resolution provider MDL use. MDL will provide details on request.
See Terms and Conditions
See Terms and Conditions
See Terms and Conditions
Electric Charging Point Terms and Conditions
1)Acknowledgement
a)By using one of MDL’s Charging Points to which these Terms and Conditions apply, you acknowledge that you have read and understood these Terms and Conditions, and that you agree to be bound by them.
b)If you do not agree to be bound by these Terms and Conditions, you must not use the Charging Point and you must not actively or passively prevent or obstruct any other person or vehicle from having access to the Charging Point.
c)The Charging Points are located in the Marina car parks and, in certain locations, on the Boat Yard Pedestals useable during the summer season only.
2)Your Obligations
a)You agree to make all reasonable efforts to ensure that you follow the instructions that are displayed on or near the Charging Points.
b)These instructions may change at any time and it is your responsibility to make sure that you follow the instructions that are displayed at the time you use the Charging Point.
c)The handbook for your electric vehicle (“EV”) describes how to recharge your EV safely and efficiently, and you agree to make all reasonable efforts to recharge your EV in accordance with the guidelines in the driver’s handbook.
d)You agree to only use, or attempt to use, an MDL Charging Point for recharging an EV that is compatible with that Charging Point.
e)Connectors and cables required to use the Charging Points are not supplied by MDL. You will be required to supply your own connectors and cables when using the Charging Point. You shall only use connectors and cables that have been provided by your EV manufacture, that are regularly inspected by a professional, and meet the required UK government approved standards.
f)Your use of one of the Charging Points must be fair and reasonable and must not be excessive. You agree that, if MDL consider that your usage is unfair, unreasonable or excessive, MDL may immediately suspend, modify or restrict your access to any or all Charging Points to which these Terms and Conditions apply.
g)You agree to pay the amount as stated on the Smart Meter app for a Charging Point which provides for payment on the Smart Meter app or by making payment to your account at the Marina Office in all other circumstances. Please see clause 5) below for further details.
h)You agree not to use one of the Charging Points in a way that will put the Charging Point, you, any other person, your EV or any other person’s EV at unnecessary risk.
i)You acknowledge that the Charging Points will not be supervised and that you will use them at your own risk.
j)You acknowledge that there may be times where MDL will impose a limit on the time an EV can be charged for. MDL have the right to disconnect a charging EV to allow access for another user. This will only be done after what is deemed to be a fair and reasonable time.
k)In the case of an emergency MDL can stop charging sessions on the grounds of safety.
l)If there are any faults or you have any issues with any of the Charging Points, please contact the Marina Office.
3)Your liability to MDL
You may be liable to MDL as a result of any direct loss or damage that MDL or one of our Charging Points may suffer as a result of you using or having used one of our Charging Points negligently.
4)MDL Obligations
a)MDL will provide the Charging Points as we see fit to enable you to recharge your EV. In doing so, we may suspend or refuse access to a Charging Point at any time, for any reason.
b)MDL will endeavour to keep the Charging Points free from any faults, errors or defects but MDL does not guarantee, nor accepts any obligation to ensure the availability, compatibility, or performance of any Charging Points, nor are we able to guarantee an uninterrupted supply of electricity to the Charging Points.
c)MDL will take reasonably practicable steps to ensure that the instructions about how to use the Charging Point are as clear as MDL can practicably make them either on the Charging Point itself, from the Marina Office or on the Smart Meter app.
5)Our Liability to you
a)MDL are responsible to you for foreseeable loss and damage caused by MDL. If MDL fail to comply with these terms, MDL are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but MDL are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
b)MDL do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by MDL’s negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
c)MDL are not liable for any losses which arise as a result of your failure to follow the charging instructions for your EV or the Charging Point instructions.
d)MDL is not responsible for any loss or damage incurred by you even if the loss is foreseeable if the loss is:
i)Unexpected. It was not obvious that it would happen or the loss is not directly linked to the breach (so, in the law, the loss was unforeseeable).
ii)Caused by a delaying event outside our control. MDL are not responsible for delays outside of their control.
iii)Avoidable. Something you could have avoided by taking reasonable action, including following MDL reasonable instructions for use.
iv)A business loss.
6)Payment
a)Smart Meter Account Charging Points
i)Certain Charging Points within the Marina have a smart meter installed (“Smart Meter Charging Point”). If you intend to use one of the Smart Meter Charging Points you will be required to set up an account with the Smart Meter, to log-in to the website and to make payment in advance for electricity at the rate of charges in force at the Marina from time to time.
ii)It is your responsibility to ensure that your account details are correct and up to date. Please refer to the Smart Meter Charging Instructions when using a Smart Meter Charging Point.
iii)You will be required to pay for your usage in advance via your Smart Meter application which uses the Sage Pay payment gateway. Payments can be made using the usual credit or debit cards.
iv)When registering for a Smart Meter account you will be issued with a unique pin number. It is your responsibility to keep these secure. MSL shall have no liability to you where you have shared your account number or pin with a third party or has failed to keep their account number and/or pin secure.
v)If the balance on your Smart Meter account reaches £0, the supply of electricity will automatically be disconnected until such times as you purchase electricity using your Smart account.
vi)It is your sole responsibility to log into your account, monitor the balance on your account and to make payment for electricity as and when required from time to time. MDL shall have no liability where electricity ceases to be supplied due to your failure to monitor your account and/or make advance payments for electricity.
vii)MDL shall have no liability for any failure or part failure of the Smart Meter website.
viii)If the Smart Meter app fails or fails accurately to register the usage or consumption of electricity for any reason, it is your responsibility to promptly notify MDL. In the case of an under-charge you agree to pay to MDL for the amount MDL reasonably estimates has been used during the period in question. If there has been an over-charged, MDL shall refund to you such amount which in its sole discretion deems reasonable.
b)Non-Smart Meter EV Chargers
i)Where a Charging Point does not have a Smart Meter all electricity consumed shall be prepaid at the Marina Office.
ii)If you require a refund these must be requested from the Marina Office and will take up to 10 days to be processed and be returned to your original payment method.
7)Cancellation of your Smart Meter Account
a)You may cancel your account at any time. You may action this request at the Marina Office.
b)Once your account is cancelled, any remaining balance on your account will be refunded back to you. Transaction records will be retained in accordance with UK financial laws.
8)Additional Terms
a)MDL may collect certain statistical information concerning the use of the Charging Point. Please further details in the applicable Privacy Notice https://www.mdlmarinas.co.uk/_assets/mdl-privacy-policy.pdf
b)MDL may amend these Terms and Conditions at any time and for any reason.
c)These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
d)Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how MDL have handled any complaint, you may want to contact the alternative dispute resolution provider MDL use. MDL will provide details on request.
SeeTerms and Conditions
SeeTerms and Conditions
SeeTerms and Conditions
Electric Charging Point Terms and Conditions
1)Acknowledgement
a)By using one of MDL’s Charging Points to which these Terms and Conditions apply, you acknowledge that you have read and understood these Terms and Conditions, and that you agree to be bound by them.
b)If you do not agree to be bound by these Terms and Conditions, you must not use the Charging Point and you must not actively or passively prevent or obstruct any other person or vehicle from having access to the Charging Point.
c)The Charging Points are located in the Marina car parks and, in certain locations, on the Boat Yard Pedestals useable during the summer season only.
2)Your Obligations
a)You agree to make all reasonable efforts to ensure that you follow the instructions that are displayed on or near the Charging Points.
b)These instructions may change at any time and it is your responsibility to make sure that you follow the instructions that are displayed at the time you use the Charging Point.
c)The handbook for your electric vehicle (“EV”) describes how to recharge your EV safely and efficiently, and you agree to make all reasonable efforts to recharge your EV in accordance with the guidelines in the driver’s handbook.
d)You agree to only use, or attempt to use, an MDL Charging Point for recharging an EV that is compatible with that Charging Point.
e)Connectors and cables required to use the Charging Points are not supplied by MDL. You will be required to supply your own connectors and cables when using the Charging Point. You shall only use connectors and cables that have been provided by your EV manufacture, that are regularly inspected by a professional, and meet the required UK government approved standards.
f)Your use of one of the Charging Points must be fair and reasonable and must not be excessive. You agree that, if MDL consider that your usage is unfair, unreasonable or excessive, MDL may immediately suspend, modify or restrict your access to any or all Charging Points to which these Terms and Conditions apply.
g)You agree to pay the amount as stated on the Smart Meter app for a Charging Point which provides for payment on the Smart Meter app or by making payment to your account at the Marina Office in all other circumstances. Please see clause 5) below for further details.
h)You agree not to use one of the Charging Points in a way that will put the Charging Point, you, any other person, your EV or any other person’s EV at unnecessary risk.
i)You acknowledge that the Charging Points will not be supervised and that you will use them at your own risk.
j)You acknowledge that there may be times where MDL will impose a limit on the time an EV can be charged for. MDL have the right to disconnect a charging EV to allow access for another user. This will only be done after what is deemed to be a fair and reasonable time.
k)In the case of an emergency MDL can stop charging sessions on the grounds of safety.
l)If there are any faults or you have any issues with any of the Charging Points, please contact the Marina Office.
3)Your liability to MDL
You may be liable to MDL as a result of any direct loss or damage that MDL or one of our Charging Points may suffer as a result of you using or having used one of our Charging Points negligently.
4)MDL Obligations
a)MDL will provide the Charging Points as we see fit to enable you to recharge your EV. In doing so, we may suspend or refuse access to a Charging Point at any time, for any reason.
b)MDL will endeavour to keep the Charging Points free from any faults, errors or defects but MDL does not guarantee, nor accepts any obligation to ensure the availability, compatibility, or performance of any Charging Points, nor are we able to guarantee an uninterrupted supply of electricity to the Charging Points.
c)MDL will take reasonably practicable steps to ensure that the instructions about how to use the Charging Point are as clear as MDL can practicably make them either on the Charging Point itself, from the Marina Office or on the Smart Meter app.
5)Our Liability to you
a)MDL are responsible to you for foreseeable loss and damage caused by MDL. If MDL fail to comply with these terms, MDL are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but MDL are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
b)MDL do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by MDL’s negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
c)MDL are not liable for any losses which arise as a result of your failure to follow the charging instructions for your EV or the Charging Point instructions.
d)MDL is not responsible for any loss or damage incurred by you even if the loss is foreseeable if the loss is:
i)Unexpected. It was not obvious that it would happen or the loss is not directly linked to the breach (so, in the law, the loss was unforeseeable).
ii)Caused by a delaying event outside our control. MDL are not responsible for delays outside of their control.
iii)Avoidable. Something you could have avoided by taking reasonable action, including following MDL reasonable instructions for use.
iv)A business loss.
6)Payment
a)Smart Meter Account Charging Points
i)Certain Charging Points within the Marina have a smart meter installed (“Smart Meter Charging Point”). If you intend to use one of the Smart Meter Charging Points you will be required to set up an account with the Smart Meter, to log-in to the website and to make payment in advance for electricity at the rate of charges in force at the Marina from time to time.
ii)It is your responsibility to ensure that your account details are correct and up to date. Please refer to the Smart Meter Charging Instructions when using a Smart Meter Charging Point.
iii)You will be required to pay for your usage in advance via your Smart Meter application which uses the Sage Pay payment gateway. Payments can be made using the usual credit or debit cards.
iv)When registering for a Smart Meter account you will be issued with a unique pin number. It is your responsibility to keep these secure. MSL shall have no liability to you where you have shared your account number or pin with a third party or has failed to keep their account number and/or pin secure.
v)If the balance on your Smart Meter account reaches £0, the supply of electricity will automatically be disconnected until such times as you purchase electricity using your Smart account.
vi)It is your sole responsibility to log into your account, monitor the balance on your account and to make payment for electricity as and when required from time to time. MDL shall have no liability where electricity ceases to be supplied due to your failure to monitor your account and/or make advance payments for electricity.
vii)MDL shall have no liability for any failure or part failure of the Smart Meter website.
viii)If the Smart Meter app fails or fails accurately to register the usage or consumption of electricity for any reason, it is your responsibility to promptly notify MDL. In the case of an under-charge you agree to pay to MDL for the amount MDL reasonably estimates has been used during the period in question. If there has been an over-charged, MDL shall refund to you such amount which in its sole discretion deems reasonable.
b)Non-Smart Meter EV Chargers
i)Where a Charging Point does not have a Smart Meter all electricity consumed shall be prepaid at the Marina Office.
ii)If you require a refund these must be requested from the Marina Office and will take up to 10 days to be processed and be returned to your original payment method.
7)Cancellation of your Smart Meter Account
a)You may cancel your account at any time. You may action this request at the Marina Office.
b)Once your account is cancelled, any remaining balance on your account will be refunded back to you. Transaction records will be retained in accordance with UK financial laws.
8)Additional Terms
a)MDL may collect certain statistical information concerning the use of the Charging Point. Please further details in the applicable Privacy Notice https://www.mdlmarinas.co.uk/_assets/mdl-privacy-policy.pdf
b)MDL may amend these Terms and Conditions at any time and for any reason.
c)These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
d)Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how MDL have handled any complaint, you may want to contact the alternative dispute resolution provider MDL use. MDL will provide details on request.
See Terms and Conditions
See Terms and Conditions
See Terms and Conditions
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METER MACS SELF SERVICE PORTAL TERMS AND CONDITIONS
Last updated 13th of October 2022
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made
between you, whether personally or on behalf of an entity (“you”)
and Meter Macs Limited, doing business as Meter Macs (“Meter
Macs,” “we," “us," or “our”), concerning your access to and use of
the https://portal.meter-macs.com/ website as well as any other
media form, media channel, mobile website or mobile application
related, linked, or otherwise connected thereto (collectively, the
“Site”). We are registered in the United Kingdom and have our
registered office at 820 The Crescent, Colchester Business Park,
Colchester, Essex CO4 9YQ. Our VAT number is GB 107 4993 00.
You agree that by accessing the Site, you have read, understood,
and agreed to be bound by all of these Terms of Use.
If you do not agree with all of these Terms of Use, then you are
expressly prohibited from using the site and you must discontinue
use immediately.
Supplemental terms and conditions or documents that may be
posted on the Site from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our sole
discretion, to make changes or modifications to these Terms of Use
from time to time. We will alert you about any changes by updating
the “Last updated” date of these Terms of Use, and you waive any
right to receive specific notice of each such change. Please ensure
that you check the applicable Terms every time you use our Site so
that you understand which Terms apply. You will be subject to and
will be deemed to have been made aware of and to have accepted,
the changes in any revised Terms of Use by your continued use of
the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for
distribution to or use by any person or entity in any jurisdiction or
country where such distribution or use would be contrary to law
or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those
persons who choose to access the Site from other locations do so
on their own initiative and are solely responsible for compliance
with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons
under the age of 18 are not permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and
all source code, databases, functionality, software, website designs,
audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and
logos contained therein (the “Marks”) are owned or controlled by
us or licensed to us, and are protected by copyright and trademark
laws and various other intellectual property rights and unfair
competition laws of the United Kingdom, international copyright
laws, and international conventions. The Content and the Marks
are provided on the Site “AS IS” for your information and personal
use only. Except as expressly provided in these Terms of Use, no
part of the Site and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a
limited license to access and use the Site and to download or print a
copy of any portion of the Content to which you have properly
gained access solely for your personal, non- commercial use. We
reserve all rights not expressly granted to you in and to the Site, the
Content, and the Marks.
USER REPRESENTATIONS
By using the Site, you agree and warrant that:
(1) all registration information you submit will be true, accurate,
current, and complete.
(2) you will maintain the accuracy of such information and
promptly update such registration information as necessary if that
option is available to you.
(3) you have the legal capacity, and you agree to comply with these
Terms of Use.
(4) you are not a minor in the jurisdiction in which you reside.
(5) you will not access the Site through automated or non-human
means, whether through a bot, script, or otherwise.
(6) you will not use the Site for any illegal or unauthorized purpose.
(7) your use of the Site will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or terminate
your account and refuse all current or future use of the Site (or any
portion thereof).
USER REGISTRATION
You will be required to register with the Site. You agree to keep
your password confidential and will be responsible for all use of
your account and password. We reserve the right to remove,
reclaim, or change a username you select if we determine, in our
sole discretion, that such username is inappropriate, obscene, or
otherwise objectionable.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that
for which we make the Site available. The Site may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or approved by us. As a user of the Site, you
agree not to:
Systematically retrieve data or other content from
the Site to create or compile, directly or indirectly, a
collection, compilation, database, or directory
without written permission from us. Trick, defraud,
or mislead us and other users, especially in any
attempt to learn sensitive account information such
as user passwords.
Circumvent, disable, or otherwise interfere with securityrelated
features of the Site, including features that prevent or
restrict the use or copying of any Content or enforce
limitations on the use of the Site and/or the Content contained
therein.
Disparage, tarnish, or otherwise harm, in our opinion, us
and/or the Site.
Use any information obtained
from the Site in order to harass,
abuse, or harm another person.
Make improper use of our
support services or submit false
reports of abuse or misconduct.
Use the Site in a manner
inconsistent with any
applicable laws or regulations.
Engage in unauthorized
framing of or linking to the
Site.
Upload or transmit (or attempt to upload or to transmit)
viruses, Trojan horses, or other material, including excessive
use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party’s uninterrupted
use and enjoyment of the Site or modifies, impairs, disrupts,
alters, or interferes with the use, features, functions,
operation, or maintenance of the Site.
Engage in any automated use of the system, such as
using scripts to send comments or messages, or
using any data mining, robots, or similar data
gathering and extraction tools. Delete the copyright
or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or
use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information collection
or transmission mechanism, including without limitation, clear
graphics interchange formats (“gifs”), 1×1 pixels, web bugs,
cookies, or other similar devices (sometimes referred to as
“spyware” or “passive collection mechanisms”).
Interfere with, disrupt, or create an undue burden on the Site
or the networks or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Site to you.
Attempt to bypass any measures of the Site designed to prevent
or restrict access to the Site, or any portion of the Site. Copy or
adapt the Site’s software, including but not limited to Flash, PHP,
HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Site.
Except as may be the result of standard search engine or
Internet browser usage, use, launch, develop, or distribute any
automated system, including without limitation, any spider,
robot, cheat utility, scraper, or offline reader that accesses the
Site, or using or launching any unauthorized script or other
software.
Make any unauthorized use of the Site, including collecting
usernames and/or email addresses of users by electronic or
other means for the purpose of sending unsolicited email, or
creating user accounts by automated means or under false
pretenses.
Use the Site as part of any effort to compete
with us or otherwise use the Site and/or the
Content for any revenue-generating endeavor
or commercial enterprise. Use the Site to
advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.
USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content.
Any use of the Site in violation of the foregoing violates these
Terms of Use and may result in, among other things, termination,
or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any
information and personal data that you provide following the
terms of the Privacy Policy and your choices (including settings). By
submitting suggestions or other feedback regarding the Site, you
agree that we can use and share such feedback for any purpose
without compensation to you.
SUBMISSIONS
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information regarding the
Site (“Submissions”) provided by you to us are non-confidential
and shall become our sole property. We shall own exclusive rights,
including all intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of these Submissions for any
lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby waive all
moral rights to any such Submissions, and you hereby warrant that
any such Submissions are original with you or that you have the
right to submit such Submissions. You agree there shall be no
recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site) links to other
websites (“Third-Party Websites”) as well as articles, photographs,
text, graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or
originating from third parties (“Third-Party Content”). Such Third-
Party Websites and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for any Third-Party
Websites accessed through the Site or any Third-Party Content
posted on, available through, or installed from the Site, including
the content, accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of or contained in the Third-Party
Websites or the Third-Party Content. Inclusion of, linking to, or
permitting the use or installation of any Third-Party Websites or
any Third-Party Content does not imply approval or endorsement
thereof by us. If you decide to leave the Site and access the Third-
Party Websites or to use or install any Third-Party Content, you do
so at your own risk, and you should be aware these Terms of Use
no longer govern. You should review the applicable terms and
policies, including privacy and data gathering practices, of any
website to which you navigate from the Site or relating to any
applications you use or install from the Site. Any purchases you
make through Third-Party Websites will be through other websites
and from other companies, and we take no responsibility
whatsoever in relation to such purchases which are exclusively
between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services
offered on Third-Party Websites and you shall hold us harmless
from any harm caused by your purchase of such products or
services. Additionally, you shall hold us harmless from any losses
sustained by you or harm caused to you relating to or resulting in
any way from any Third-Party Content or any contact with Third-
Party Websites.
SITE MANAGEMENT
We reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms of Use.
(2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Terms of Use, including without
limitation, reporting such user to law enforcement authorities.
(3) otherwise manage the Site in a manner designed to protect our
rights and property and to facilitate the proper functioning of the
Site.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you
use the Site.
Without limiting any other provision of these terms of use, we
reserve the right to, in our sole discretion and without notice or
liability, deny access to and use of the site (including blocking
certain IP addresses), to any person for any reason or for no reason,
including without limitation for breach of any representation,
warranty, or covenant contained in these terms of use or of any
applicable law or regulation. We may terminate your use or
participation in the site or delete your account and any content or
information that you posted at any time, without warning, in our
sole discretion.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party. In addition
to terminating or suspending your account, we reserve the right to
take appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of
the Site at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information
on our Site. We also reserve the right to modify or discontinue all or
part of the Site without notice at any time. We will not be liable to
you or any third party for any modification, price change,
suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may
experience hardware, software, or other problems or need to
perform maintenance related to the Site, resulting in interruptions,
delays, or errors. We reserve the right to change, revise, update,
suspend, discontinue, or otherwise modify the Site at any time or
for any reason without notice to you. You agree that we have no
liability whatsoever for any loss, damage, or inconvenience caused
by your inability to access or use the Site during any downtime or
discontinuance of the Site. Nothing in these Terms of Use will be
construed to obligate us to maintain and support the Site or to
supply any corrections, updates, or releases in connection
therewith.
GOVERNING LAW
These conditions are governed by and interpreted following the
laws of the United Kingdom, and the use of the United Nations
Convention of Contracts for the International Sale of Goods is
expressly excluded. If your habitual residence is in the EU, and you
are a consumer, you additionally possess the protection provided
to you by obligatory provisions of the law of your country of
residence. Meter Macs Limited and yourself both agree to submit
to the non-exclusive jurisdiction of the courts of Basildon, which
means that you may make a claim to defend your consumer
protection rights in regard to these Terms of Use in the United
Kingdom, or in the EU country in which you reside.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Terms of Use (each “Dispute”
and collectively, the “Disputes”) brought by either you or us
(individually, a “Party” and collectively, the “Parties”), the Parties
agree to first attempt to negotiate any Dispute (except those
Disputes expressly provided below) informally for at least thirty
(30) days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to
this contract shall be determined by one arbitrator who will be
chosen in accordance with the Arbitration and Internal Rules of the
European Court of Arbitration being part of the European Centre of
Arbitration Kingdom. The language of the proceedings shall be
English. Applicable rules of substantive law shall be the law of the
United Kingdom.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law,
(a) no arbitration shall be joined with any other proceeding; (b) there
is no right or authority for any
Dispute to be arbitrated on a class-action basis or to utilize class
action procedures; and © there is no right or authority for any
Dispute to be brought in a purported representative capacity on
behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning informal negotiations and binding
arbitration:
(a) any Disputes seeking to enforce or protect, or concerning the
validity of, any of the intellectual property rights of a Party.
(b) any Dispute related to, or arising from, allegations of theft,
piracy, invasion of privacy, or unauthorized use.
© any claim for injunctive relief. If this provision is found to be
illegal or unenforceable, then neither Party will elect to arbitrate
any Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a
court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or
update the information on the Site at any time, without prior
notice.
DISCLAIMER
The site is provided on an as-is and as-available basis. You agree that
your use of the site and our services will be at your sole risk. To the
fullest extent permitted by law, we disclaim all warranties, express
or implied, in connection with the site and your use thereof,
including, without limitation, the implied warranties of
merchantability, fitness for a particular purpose, and noninfringement.
We make no warranties or representations about the
accuracy or completeness of the site’s content, or the content of
any websites linked to the site, and we will assume no liability or
responsibility for any:
(1) personal injury or property damage, of any nature whatsoever,
resulting from your access to and use of the site,
(2) any unauthorized access to or use of our secure servers and/or
any and all personal information and/or financial information
stored therein,
(3) any interruption or cessation of transmission to or from the
site,
(4) any bugs, viruses, trojan horses, or the like which may be
transmitted to or through the site by any third party,
(5) any errors or omissions in any content and materials or for any
loss or damage of any kind incurred as a result of the use of any
Content posted, transmitted, or otherwise made available via the
site.
We do not warrant, endorse, guarantee, or assume responsibility
for any product or service advertised or offered by a third party
through the site, any hyperlinked website, or any website or mobile
application featured in any banner or other advertising, and we will
not be a party to or in any way be responsible for monitoring any
transaction between you and any third-party providers of products
or services. As with the purchase of a product or service through
any medium or in any environment, you should use your best
judgment and exercise caution where appropriate.
LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or agents be liable
to you or any third party for any direct, indirect, consequential,
exemplary, incidental, special, or punitive damages, including lost
profit, lost revenue, loss of data, or other damages arising from
your use of the site, even if we have been advised of the possibility
of such damages.
Notwithstanding anything to the contrary contained herein, our
liability to you for any cause whatsoever and regardless of the form
of the action, will at all times be limited to the amount paid, if any,
by you to us during the one (1) month period prior to any cause of
action arising. Certain UK laws and international laws do not allow
limitations on implied warranties or the exclusion or limitation of
certain damages. If these laws apply to you, some or all of the
above disclaimers or limitations may not apply to you, and you may
have additional rights.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including
our subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss,
damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Site.
(2) breach of these Terms of Use.
(3) any breach of your representations and warranties set forth in
these Terms of Use.
(4) your violation of the rights of a third party, including but not
limited to intellectual property rights.
(5) any overt harmful act toward any other user of the Site with
whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree
to cooperate, at your expense, with our defense of such claims.
We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon
becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the
purpose of managing the performance of the Site, as well as data
relating to your use of the Site. Although we perform regular
routine backups of data, you are solely responsible for all data that
you transmit or that relates to any activity you have undertaken
using the Site. You agree that we shall have no liability to you for
any loss or corruption of any such data, and you hereby waive any
right of action against us arising from any such loss or corruption of
such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms
constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal
requirement that such communication be in writing. You hereby
agree to the use of electronic signatures, contracts, orders, and
other records, and to electronic delivery of notices, policies, and
records of transactions initiated or completed by us or via the site.
You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of nonelectronic
records, or to payments or the granting of credits by any
means other than electronic means.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by
us on the Site or in respect to the Site constitute the entire
agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Terms of Use
shall not operate as a waiver of such right or provision. These
Terms of Use operate to the fullest extent permissible by law. We
may assign any or all of our rights and obligations to others at any
time. We shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Terms of Use
is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these
Terms of Use and does not affect the validity and enforceability of
any remaining provisions. There is no joint venture, partnership,
employment, or agency relationship created between you and us
as a result of these Terms of Use or use of the Site. You agree that
these Terms of Use will not be construed against us by virtue of
having drafted them. You hereby waive any and all defenses you
may have based on the electronic form of these Terms of Use and
the lack of signing by the parties hereto to execute these Terms of
Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive
further information regarding the use of the Site, please contact us
at:
Meter Macs Limited
Unit 1 Bentalls
Business Park
Basildon, Essex
SS143BN
United Kingdom
Phone: 01268533615
support@meter-macs.com
TERMS OF USE:
This page (together with the documents referred to in it) tells you the terms of use on which you may make use of the site whether as an authorised customer or a guest of an authorised customer. Please read these terms of use carefully before you start to use the site. By using the site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the site.
ACCESSING THE SITE
Access to the site is permitted on a temporary basis, and the supplier reserves the right to withdraw or amend the services provided on the site without notice (see below). The supplier and associate will not be liable if for any reason the site is unavailable at any time or for any period. From time to time, the supplier may restrict access to some parts of the site, or the entire site, to users.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. The supplier has the right to disable any user identification code or password, whether chosen by you or allocated by the supplier, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
When using the site, you must comply with all ‘Terms of Use’ as detailed in this document.
You are responsible for making all arrangements necessary for you to have access to the site. You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
The site is powered by Meter Macs Ltd; the owner, author and the licensee of all intellectual property rights in the site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the site for your personal reference, you will be held liable for any and all damages resulting from the misuse of the site; by you or your agents.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on the site must always be acknowledged.
You must not use any part of the materials on the site for commercial purposes without obtaining a license to do so from the supplier or their licensors.
If you print off, copy or download any part of the site in breach of these terms of use, your right to use the site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the site are not intended to amount to advice on which reliance should be placed. The supplier therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the site, or by anyone who may be informed of any of its contents.
WEBSITE UPDATES
The supplier aims to update the site regularly, and may change the content at any time. If the need arises, the supplier may suspend access to the site, or close it indefinitely. Any of the material on the site may be out of date at any given time, and the supplier is under no obligation to update such material.
OUR LIABILITY
While the supplier will use reasonable efforts to ensure that the site is accurate and up-to-date, the material displayed is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, the supplier hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use the site, any websites linked to them and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
The supplier and associate will process information about you in accordance with the supplier’s privacy policy. By using the site, you consent to such processing and you warrant that all data provided by you is accurate.
UPLOADING MATERIAL TO THE SITE
Whenever you make use of a feature that allows you to upload material to the site, or to make contact with other users of the site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify the supplier for any breach of that warranty.
Any material you upload to the site will be considered non-confidential and non-proprietary, and the supplier has the right to use, copy, distribute and disclose to third parties any such material for any purpose. The supplier and associate also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the site constitutes a violation of their intellectual property or proprietary rights, or of their right to privacy.
The supplier will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the site.
The supplier has the right to remove any material or posting you make on the site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. The supplier will report any such breach to the relevant law enforcement authorities and the supplier will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the site will cease immediately.
The Supplier and Associate will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any material posted on them, or on any website linked to them.
LINKING TO THE SITE
You may link to the home site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
The site must not be framed on any other site, nor may you create a link to any part of the site other than the home page. The supplier and associate reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on the site other than that set out above, please address your request via the home site.
LINKS FROM THE SITE
Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only. Unless expressly stated the supplier has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the site. These terms of use are governed by English law.
VARIATIONS
The supplier may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the site.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and the supplier under which you may access the supplier’s websites. This acceptable use policy applies to all users of, and visitors to, the site. Your use of the site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement the supplier’s general terms of website use.
PROHIBITED USES
You may use the site only for lawful purposes. You may not use the site:
• In any way that breaches any applicable local, national or international law or regulation.
•In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
•For the purpose of harming or attempting to harm minors in any way.
•To send, knowingly receive, upload, download, use or re-use any material which does not comply
with the supplier’s content standards.
•To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional
material or any other form of similar solicitation (spam).
•To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
•Not to reproduce, duplicate, copy or re-sell any part of the site in contravention of the provisions of
the supplier’s general terms of website use.
•Not to access without authority, interfere with, damage or disrupt:- any part of the site; any equipment or network on which the site is stored; any software used in the provision of the site; or any equipment or network or software owned or used by any third party.
INTERACTIVE SERVICES
The supplier may from time to time provide interactive services on the site. Where the supplier provides any interactive service, the supplier will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical)
The Supplier will do its best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the site, and the supplier will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, the supplier are under no obligation to oversee, monitor or moderate any interactive service the supplier provides on the site, and expressly exclude the supplier’s liability for any loss or damage arising from the use of any interactive service by a user in contravention of the supplier’s content standards, whether the service is moderated or not.
The use of any of the supplier’s interactive services by a minor is subject to the consent of their parent or guardian. The supplier advises parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
CONTENT STANDARDS
These content standards apply to any and all material which you contribute to the site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
•Be accurate (where they state facts).
•Be genuinely held (where they state opinions).
•Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
•Contain any material which is defamatory of any person.
•Contain any material which is obscene, offensive, hateful or inflammatory.
•Promote sexually explicit material.
•Promote violence.
•Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
•Infringe any copyright, database right or trade mark of any other person.
•Be likely to deceive any person.
•Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of
confidence.
•Promote any illegal activity.
•Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless
anxiety.
•Be likely to harass, upset, embarrass, alarm or annoy any other person.
•Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
•Give the impression that they emanate from the supplier or associate, if this is not the case.
•Advocate, promote or assist any unlawful act such as (by way of example only) copyright
infringement or computer misuse.
SUSPENSION AND TERMINATION
The supplier will determine, at the supplier’s discretion, whether there has been a breach of this acceptable use policy through your use of the site. When a breach of this policy has occurred, the supplier may take such action as the supplier deems appropriate. Failure to comply with this acceptable use policy constitutes a material breach of the general terms of website use upon which you are permitted to use the site, and may result in our taking all or any of the following actions:
•Immediate, temporary or permanent withdrawal of your right to use the site.
•Immediate, temporary or permanent removal of any posting or material uploaded by you to the site.
•Issue of a warning to you.
•Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
•Further legal action against you.
•Disclosure of such information to law enforcement authorities as the supplier reasonably feel is necessary.
•The supplier exclude liability for actions taken in response to breaches of this acceptable use policy.
• The responses described in this policy are not limited, and the supplier may take any other action the supplier reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
The supplier may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on the supplier’s sites.
SUPPLY OF ELECTRICITY – CONDITIONS OF USE
1.An electrical supply is only available to boats authorised by the supplier and where the boat owner has a pre-paid balance in their account with the supplier.
2.The supplier cannot guarantee a constant supply and the supplier make no assurance as to the suitability of the vessel to accept the supply, it being the responsibility of the owner to assess the vessel’s suitability.
3.The supplier accepts no responsibility for loss or damage arising out of the supply or its termination.
4.The supplier may revise these conditions of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier make which are binding on you.
TERMS OF USE:
This page (together with the documents referred to in it) tells you the terms of use on which you may make use of the site whether as an authorised customer or a guest of an authorised customer. Please read these terms of use carefully before you start to use the site. By using the site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the site.
ACCESSING THE SITE
Access to the site is permitted on a temporary basis, and the supplier reserves the right to withdraw or amend the services provided on the site without notice (see below). The supplier and associate will not be liable if for any reason the site is unavailable at any time or for any period. From time to time, the supplier may restrict access to some parts of the site, or the entire site, to users.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. The supplier has the right to disable any user identification code or password, whether chosen by you or allocated by the supplier, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
When using the site, you must comply with all ‘Terms of Use’ as detailed in this document.
You are responsible for making all arrangements necessary for you to have access to the site. You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
The site is powered by Meter Macs Ltd; the owner, author and the licensee of all intellectual property rights in the site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the site for your personal reference, you will be held liable for any and all damages resulting from the misuse of the site; by you or your agents.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on the site must always be acknowledged.
You must not use any part of the materials on the site for commercial purposes without obtaining a license to do so from the supplier or their licensors.
If you print off, copy or download any part of the site in breach of these terms of use, your right to use the site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the site are not intended to amount to advice on which reliance should be placed. The supplier therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the site, or by anyone who may be informed of any of its contents.
WEBSITE UPDATES
The supplier aims to update the site regularly, and may change the content at any time. If the need arises, the supplier may suspend access to the site, or close it indefinitely. Any of the material on the site may be out of date at any given time, and the supplier is under no obligation to update such material.
OUR LIABILITY
While the supplier will use reasonable efforts to ensure that the site is accurate and up-to-date, the material displayed is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, the supplier hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use the site, any websites linked to them and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
The supplier and associate will process information about you in accordance with the supplier’s privacy policy. By using the site, you consent to such processing and you warrant that all data provided by you is accurate.
UPLOADING MATERIAL TO THE SITE
Whenever you make use of a feature that allows you to upload material to the site, or to make contact with other users of the site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify the supplier for any breach of that warranty.
Any material you upload to the site will be considered non-confidential and non-proprietary, and the supplier has the right to use, copy, distribute and disclose to third parties any such material for any purpose. The supplier and associate also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the site constitutes a violation of their intellectual property or proprietary rights, or of their right to privacy.
The supplier will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the site.
The supplier has the right to remove any material or posting you make on the site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. The supplier will report any such breach to the relevant law enforcement authorities and the supplier will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the site will cease immediately.
The Supplier and Associate will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any material posted on them, or on any website linked to them.
LINKING TO THE SITE
You may link to the home site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
The site must not be framed on any other site, nor may you create a link to any part of the site other than the home page. The supplier and associate reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on the site other than that set out above, please address your request via the home site.
LINKS FROM THE SITE
Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only. Unless expressly stated the supplier has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the site. These terms of use are governed by English law.
VARIATIONS
The supplier may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the site.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and the supplier under which you may access the supplier’s websites. This acceptable use policy applies to all users of, and visitors to, the site. Your use of the site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement the supplier’s general terms of website use.
PROHIBITED USES
You may use the site only for lawful purposes. You may not use the site:
• In any way that breaches any applicable local, national or international law or regulation.
•In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
•For the purpose of harming or attempting to harm minors in any way.
•To send, knowingly receive, upload, download, use or re-use any material which does not comply
with the supplier’s content standards.
•To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional
material or any other form of similar solicitation (spam).
•To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
•Not to reproduce, duplicate, copy or re-sell any part of the site in contravention of the provisions of
the supplier’s general terms of website use.
•Not to access without authority, interfere with, damage or disrupt:- any part of the site; any equipment or network on which the site is stored; any software used in the provision of the site; or any equipment or network or software owned or used by any third party.
INTERACTIVE SERVICES
The supplier may from time to time provide interactive services on the site. Where the supplier provides any interactive service, the supplier will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical)
The Supplier will do its best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the site, and the supplier will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, the supplier are under no obligation to oversee, monitor or moderate any interactive service the supplier provides on the site, and expressly exclude the supplier’s liability for any loss or damage arising from the use of any interactive service by a user in contravention of the supplier’s content standards, whether the service is moderated or not.
The use of any of the supplier’s interactive services by a minor is subject to the consent of their parent or guardian. The supplier advises parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
CONTENT STANDARDS
These content standards apply to any and all material which you contribute to the site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
•Be accurate (where they state facts).
•Be genuinely held (where they state opinions).
•Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
•Contain any material which is defamatory of any person.
•Contain any material which is obscene, offensive, hateful or inflammatory.
•Promote sexually explicit material.
•Promote violence.
•Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
•Infringe any copyright, database right or trade mark of any other person.
•Be likely to deceive any person.
•Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of
confidence.
•Promote any illegal activity.
•Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless
anxiety.
•Be likely to harass, upset, embarrass, alarm or annoy any other person.
•Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
•Give the impression that they emanate from the supplier or associate, if this is not the case.
•Advocate, promote or assist any unlawful act such as (by way of example only) copyright
infringement or computer misuse.
SUSPENSION AND TERMINATION
The supplier will determine, at the supplier’s discretion, whether there has been a breach of this acceptable use policy through your use of the site. When a breach of this policy has occurred, the supplier may take such action as the supplier deems appropriate. Failure to comply with this acceptable use policy constitutes a material breach of the general terms of website use upon which you are permitted to use the site, and may result in our taking all or any of the following actions:
•Immediate, temporary or permanent withdrawal of your right to use the site.
•Immediate, temporary or permanent removal of any posting or material uploaded by you to the site.
•Issue of a warning to you.
•Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
•Further legal action against you.
•Disclosure of such information to law enforcement authorities as the supplier reasonably feel is necessary.
•The supplier exclude liability for actions taken in response to breaches of this acceptable use policy.
• The responses described in this policy are not limited, and the supplier may take any other action the supplier reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
The supplier may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on the supplier’s sites.
SUPPLY OF ELECTRICITY – CONDITIONS OF USE
1.An electrical supply is only available to boats authorised by the supplier and where the boat owner has a pre-paid balance in their account with the supplier.
2.The supplier cannot guarantee a constant supply and the supplier make no assurance as to the suitability of the vessel to accept the supply, it being the responsibility of the owner to assess the vessel’s suitability.
3.The supplier accepts no responsibility for loss or damage arising out of the supply or its termination.
4.The supplier may revise these conditions of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier make which are binding on you.
Refund policy
Privacy policy
TERMS OF USE:
This page (together with the documents referred to in it) tells you the terms of use on which you may make use of the site whether as an authorised customer or a guest of an authorised customer. Please read these terms of use carefully before you start to use the site. By using the site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the site.
ACCESSING THE SITE
Access to the site is permitted on a temporary basis, and the supplier reserves the right to withdraw or amend the services provided on the site without notice (see below). The supplier and associate will not be liable if for any reason the site is unavailable at any time or for any period. From time to time, the supplier may restrict access to some parts of the site, or the entire site, to users.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. The supplier has the right to disable any user identification code or password, whether chosen by you or allocated by the supplier, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
When using the site, you must comply with all ‘Terms of Use’ as detailed in this document.
You are responsible for making all arrangements necessary for you to have access to the site. You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
The site is powered by Meter Macs Ltd; the owner, author and the licensee of all intellectual property rights in the site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the site for your personal reference, you will be held liable for any and all damages resulting from the misuse of the site; by you or your agents.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on the site must always be acknowledged.
You must not use any part of the materials on the site for commercial purposes without obtaining a license to do so from the supplier or their licensors.
If you print off, copy or download any part of the site in breach of these terms of use, your right to use the site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the site are not intended to amount to advice on which reliance should be placed. The supplier therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the site, or by anyone who may be informed of any of its contents.
WEBSITE UPDATES
The supplier aims to update the site regularly, and may change the content at any time. If the need arises, the supplier may suspend access to the site, or close it indefinitely. Any of the material on the site may be out of date at any given time, and the supplier is under no obligation to update such material.
OUR LIABILITY
While the supplier will use reasonable efforts to ensure that the site is accurate and up-to-date, the material displayed is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, the supplier hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use the site, any websites linked to them and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
The supplier and associate will process information about you in accordance with the supplier’s privacy policy. By using the site, you consent to such processing and you warrant that all data provided by you is accurate.
UPLOADING MATERIAL TO THE SITE
Whenever you make use of a feature that allows you to upload material to the site, or to make contact with other users of the site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify the supplier for any breach of that warranty.
Any material you upload to the site will be considered non-confidential and non-proprietary, and the supplier has the right to use, copy, distribute and disclose to third parties any such material for any purpose. The supplier and associate also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the site constitutes a violation of their intellectual property or proprietary rights, or of their right to privacy.
The supplier will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the site.
The supplier has the right to remove any material or posting you make on the site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. The supplier will report any such breach to the relevant law enforcement authorities and the supplier will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the site will cease immediately.
The Supplier and Associate will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any material posted on them, or on any website linked to them.
LINKING TO THE SITE
You may link to the home site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
The site must not be framed on any other site, nor may you create a link to any part of the site other than the home page. The supplier and associate reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on the site other than that set out above, please address your request via the home site.
LINKS FROM THE SITE
Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only. Unless expressly stated the supplier has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the site. These terms of use are governed by English law.
VARIATIONS
The supplier may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the site.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and the supplier under which you may access the supplier’s websites. This acceptable use policy applies to all users of, and visitors to, the site. Your use of the site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement the supplier’s general terms of website use.
PROHIBITED USES
You may use the site only for lawful purposes. You may not use the site:
•In any way that breaches any applicable local, national or international law or regulation.
•In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
•For the purpose of harming or attempting to harm minors in any way.
•To send, knowingly receive, upload, download, use or re-use any material which does not comply with the supplier’s content standards.
•To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
•To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
•Not to reproduce, duplicate, copy or re-sell any part of the site in contravention of the provisions of the supplier’s general terms of website use.
•Not to access without authority, interfere with, damage or disrupt:- any part of the site; any equipment or network on which the site is stored; any software used in the provision of the site; or any equipment or network or software owned or used by any third party.
INTERACTIVE SERVICES
The supplier may from time to time provide interactive services on the site. Where the supplier provides any interactive service, the supplier will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical)
The Supplier will do its best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the site, and the supplier will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, the supplier are under no obligation to oversee, monitor or moderate any interactive service the supplier provides on the site, and expressly exclude the supplier’s liability for any loss or damage arising from the use of any interactive service by a user in contravention of the supplier’s content standards, whether the service is moderated or not.
The use of any of the supplier’s interactive services by a minor is subject to the consent of their parent or guardian. The supplier advises parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
CONTENT STANDARDS
These content standards apply to any and all material which you contribute to the site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
•Be accurate (where they state facts).
•Be genuinely held (where they state opinions).
•Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
•Contain any material which is defamatory of any person.
•Contain any material which is obscene, offensive, hateful or inflammatory.
•Promote sexually explicit material.
•Promote violence.
•Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
•Infringe any copyright, database right or trade mark of any other person.
•Be likely to deceive any person.
•Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
•Promote any illegal activity.
•Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
•Be likely to harass, upset, embarrass, alarm or annoy any other person.
•Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
•Give the impression that they emanate from the supplier or associate, if this is not the case.
•Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
SUSPENSION AND TERMINATION
The supplier will determine, at the supplier’s discretion, whether there has been a breach of this acceptable use policy through your use of the site. When a breach of this policy has occurred, the supplier may take such action as the supplier deems appropriate. Failure to comply with this acceptable use policy constitutes a material breach of the general terms of website use upon which you are permitted to use the site, and may result in our taking all or any of the following actions:
•Immediate, temporary or permanent withdrawal of your right to use the site.
•Immediate, temporary or permanent removal of any posting or material uploaded by you to the site.
•Issue of a warning to you.
•Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
•Further legal action against you.
•Disclosure of such information to law enforcement authorities as the supplier reasonably feel is necessary.
•The supplier exclude liability for actions taken in response to breaches of this acceptable use policy.
•The responses described in this policy are not limited, and the supplier may take any other action the supplier reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
The supplier may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on the supplier’s sites.
SUPPLY OF ELECTRICITY – CONDITIONS OF USE
1.An electrical supply is only available to property authorised by the supplier and where the property owner has a pre-paid balance in their account with the supplier.
2.The supplier cannot guarantee a constant supply and the supplier make no assurance as to the suitability of the property to accept the supply, it being the responsibility of the owner to assess the property’s suitability.
3.The supplier accepts no responsibility for loss or damage arising out of the supply or its termination.
4.The supplier may revise these conditions of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier make which are binding on you.
POSITIVE BALANCES
Where a balance is negative, the company reserves the right to offset any positive balance on the electricity, water or gas account against any negative balance on the electricity, water or gas accounts.
MINIMUM TOP UP
The minimum top up is £20 for each utility.
CURRENT RATES
The current rates (subject to change) are shown below: -
GAS
Unit rate 39.86 pence per cubic metre plus VAT at 5%
Standing charge 77.82 pence per day plus VAT at 5%
ELECTRIC
Day Unit rate 24.14 pence per kWh plus VAT at 5%
Night Unit rate 18.50 pence per kWh plus VAT at 5%
Standing charge 96.49 pence per day plus VAT at 5%
WATER
Unit rate 455.89 pence per cubic metre plus VAT at 0%
Standing charge 81.05 pence per day plus VAT at 0%
Rates correct as at 01 January 2025
Please see Terms & Conditions
Please see Terms & Conditions
Please see Terms & Conditions
TERMS OF USE:
This page (together with the documents referred to in it) tells you the terms of use on which you may make use of the site whether as an authorised customer or a guest of an authorised customer. Please read these terms of use carefully before you start to use the site. By using the site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the site.
ACCESSING THE SITE
Access to the site is permitted on a temporary basis, and the supplier reserves the right to withdraw or amend the services provided on the site without notice (see below). The supplier and associate will not be liable if for any reason the site is unavailable at any time or for any period. From time to time, the supplier may restrict access to some parts of the site, or the entire site, to users.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. The supplier has the right to disable any user identification code or password, whether chosen by you or allocated by the supplier, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
When using the site, you must comply with all ‘Terms of Use’ as detailed in this document.
You are responsible for making all arrangements necessary for you to have access to the site. You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
The site is powered by Meter Macs Ltd; the owner, author and the licensee of all intellectual property rights in the site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the site for your personal reference, you will be held liable for any and all damages resulting from the misuse of the site; by you or your agents.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on the site must always be acknowledged.
You must not use any part of the materials on the site for commercial purposes without obtaining a license to do so from the supplier or their licensors.
If you print off, copy or download any part of the site in breach of these terms of use, your right to use the site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the site are not intended to amount to advice on which reliance should be placed. The supplier therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the site, or by anyone who may be informed of any of its contents.
WEBSITE UPDATES
The supplier aims to update the site regularly, and may change the content at any time. If the need arises, the supplier may suspend access to the site, or close it indefinitely. Any of the material on the site may be out of date at any given time, and the supplier is under no obligation to update such material.
OUR LIABILITY
While the supplier will use reasonable efforts to ensure that the site is accurate and up-to-date, the material displayed is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, the supplier hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use the site, any websites linked to them and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
The supplier and associate will process information about you in accordance with the supplier’s privacy policy. By using the site, you consent to such processing and you warrant that all data provided by you is accurate.
UPLOADING MATERIAL TO THE SITE
Whenever you make use of a feature that allows you to upload material to the site, or to make contact with other users of the site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify the supplier for any breach of that warranty.
Any material you upload to the site will be considered non-confidential and non-proprietary, and the supplier has the right to use, copy, distribute and disclose to third parties any such material for any purpose. The supplier and associate also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the site constitutes a violation of their intellectual property or proprietary rights, or of their right to privacy.
The supplier will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the site.
The supplier has the right to remove any material or posting you make on the site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. The supplier will report any such breach to the relevant law enforcement authorities and the supplier will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the site will cease immediately.
The Supplier and Associate will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any material posted on them, or on any website linked to them.
LINKING TO THE SITE
You may link to the home site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
The site must not be framed on any other site, nor may you create a link to any part of the site other than the home page. The supplier and associate reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on the site other than that set out above, please address your request via the home site.
LINKS FROM THE SITE
Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only. Unless expressly stated the supplier has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the site. These terms of use are governed by English law.
VARIATIONS
The supplier may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the site.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and the supplier under which you may access the supplier’s websites. This acceptable use policy applies to all users of, and visitors to, the site. Your use of the site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement the supplier’s general terms of website use.
PROHIBITED USES
You may use the site only for lawful purposes. You may not use the site:
• In any way that breaches any applicable local, national or international law or regulation.
•In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
•For the purpose of harming or attempting to harm minors in any way.
•To send, knowingly receive, upload, download, use or re-use any material which does not comply
with the supplier’s content standards.
•To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional
material or any other form of similar solicitation (spam).
•To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
•Not to reproduce, duplicate, copy or re-sell any part of the site in contravention of the provisions of
the supplier’s general terms of website use.
•Not to access without authority, interfere with, damage or disrupt:- any part of the site; any equipment or network on which the site is stored; any software used in the provision of the site; or any equipment or network or software owned or used by any third party.
INTERACTIVE SERVICES
The supplier may from time to time provide interactive services on the site. Where the supplier provides any interactive service, the supplier will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical)
The Supplier will do its best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the site, and the supplier will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, the supplier are under no obligation to oversee, monitor or moderate any interactive service the supplier provides on the site, and expressly exclude the supplier’s liability for any loss or damage arising from the use of any interactive service by a user in contravention of the supplier’s content standards, whether the service is moderated or not.
The use of any of the supplier’s interactive services by a minor is subject to the consent of their parent or guardian. The supplier advises parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
CONTENT STANDARDS
These content standards apply to any and all material which you contribute to the site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
•Be accurate (where they state facts).
•Be genuinely held (where they state opinions).
•Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
•Contain any material which is defamatory of any person.
•Contain any material which is obscene, offensive, hateful or inflammatory.
•Promote sexually explicit material.
•Promote violence.
•Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
•Infringe any copyright, database right or trade mark of any other person.
•Be likely to deceive any person.
•Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of
confidence.
•Promote any illegal activity.
•Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless
anxiety.
•Be likely to harass, upset, embarrass, alarm or annoy any other person.
•Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
•Give the impression that they emanate from the supplier or associate, if this is not the case.
•Advocate, promote or assist any unlawful act such as (by way of example only) copyright
infringement or computer misuse.
SUSPENSION AND TERMINATION
The supplier will determine, at the supplier’s discretion, whether there has been a breach of this acceptable use policy through your use of the site. When a breach of this policy has occurred, the supplier may take such action as the supplier deems appropriate. Failure to comply with this acceptable use policy constitutes a material breach of the general terms of website use upon which you are permitted to use the site, and may result in our taking all or any of the following actions:
•Immediate, temporary or permanent withdrawal of your right to use the site.
•Immediate, temporary or permanent removal of any posting or material uploaded by you to the site.
•Issue of a warning to you.
•Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
•Further legal action against you.
•Disclosure of such information to law enforcement authorities as the supplier reasonably feel is necessary.
•The supplier exclude liability for actions taken in response to breaches of this acceptable use policy.
• The responses described in this policy are not limited, and the supplier may take any other action the supplier reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
The supplier may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on the supplier’s sites.
SUPPLY OF ELECTRICITY – CONDITIONS OF USE
1.An electrical supply is only available to boats authorised by the supplier and where the boat owner has a pre-paid balance in their account with the supplier.
2.The supplier cannot guarantee a constant supply and the supplier make no assurance as to the suitability of the vessel to accept the supply, it being the responsibility of the owner to assess the vessel’s suitability.
3.The supplier accepts no responsibility for loss or damage arising out of the supply or its termination.
4.The supplier may revise these conditions of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier make which are binding on you.
TERMS OF USE:
This page (together with the documents referred to in it) tells you the terms of use on which you may make use of the site whether as an authorised customer or a guest of an authorised customer. Please read these terms of use carefully before you start to use the site. By using the site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the site.
ACCESSING THE SITE
Access to the site is permitted on a temporary basis, and the supplier reserves the right to withdraw or amend the services provided on the site without notice (see below). The supplier and associate will not be liable if for any reason the site is unavailable at any time or for any period. From time to time, the supplier may restrict access to some parts of the site, or the entire site, to users.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. The supplier has the right to disable any user identification code or password, whether chosen by you or allocated by the supplier, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
When using the site, you must comply with all ‘Terms of Use’ as detailed in this document.
You are responsible for making all arrangements necessary for you to have access to the site. You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
The site is powered by Meter Macs Ltd; the owner, author and the licensee of all intellectual property rights in the site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the site for your personal reference, you will be held liable for any and all damages resulting from the misuse of the site; by you or your agents.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on the site must always be acknowledged.
You must not use any part of the materials on the site for commercial purposes without obtaining a license to do so from the supplier or their licensors.
If you print off, copy or download any part of the site in breach of these terms of use, your right to use the site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the site are not intended to amount to advice on which reliance should be placed. The supplier therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the site, or by anyone who may be informed of any of its contents.
WEBSITE UPDATES
The supplier aims to update the site regularly, and may change the content at any time. If the need arises, the supplier may suspend access to the site, or close it indefinitely. Any of the material on the site may be out of date at any given time, and the supplier is under no obligation to update such material.
OUR LIABILITY
While the supplier will use reasonable efforts to ensure that the site is accurate and up-to-date, the material displayed is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, the supplier hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use the site, any websites linked to them and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
The supplier and associate will process information about you in accordance with the supplier’s privacy policy. By using the site, you consent to such processing and you warrant that all data provided by you is accurate.
UPLOADING MATERIAL TO THE SITE
Whenever you make use of a feature that allows you to upload material to the site, or to make contact with other users of the site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify the supplier for any breach of that warranty.
Any material you upload to the site will be considered non-confidential and non-proprietary, and the supplier has the right to use, copy, distribute and disclose to third parties any such material for any purpose. The supplier and associate also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the site constitutes a violation of their intellectual property or proprietary rights, or of their right to privacy.
The supplier will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the site.
The supplier has the right to remove any material or posting you make on the site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. The supplier will report any such breach to the relevant law enforcement authorities and the supplier will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the site will cease immediately.
The Supplier and Associate will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any material posted on them, or on any website linked to them.
LINKING TO THE SITE
You may link to the home site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
The site must not be framed on any other site, nor may you create a link to any part of the site other than the home page. The supplier and associate reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on the site other than that set out above, please address your request via the home site.
LINKS FROM THE SITE
Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only. Unless expressly stated the supplier has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the site. These terms of use are governed by English law.
VARIATIONS
The supplier may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the site.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and the supplier under which you may access the supplier’s websites. This acceptable use policy applies to all users of, and visitors to, the site. Your use of the site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement the supplier’s general terms of website use.
PROHIBITED USES
You may use the site only for lawful purposes. You may not use the site:
• In any way that breaches any applicable local, national or international law or regulation.
•In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
•For the purpose of harming or attempting to harm minors in any way.
•To send, knowingly receive, upload, download, use or re-use any material which does not comply
with the supplier’s content standards.
•To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional
material or any other form of similar solicitation (spam).
•To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
•Not to reproduce, duplicate, copy or re-sell any part of the site in contravention of the provisions of
the supplier’s general terms of website use.
•Not to access without authority, interfere with, damage or disrupt:- any part of the site; any equipment or network on which the site is stored; any software used in the provision of the site; or any equipment or network or software owned or used by any third party.
INTERACTIVE SERVICES
The supplier may from time to time provide interactive services on the site. Where the supplier provides any interactive service, the supplier will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical)
The Supplier will do its best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the site, and the supplier will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, the supplier are under no obligation to oversee, monitor or moderate any interactive service the supplier provides on the site, and expressly exclude the supplier’s liability for any loss or damage arising from the use of any interactive service by a user in contravention of the supplier’s content standards, whether the service is moderated or not.
The use of any of the supplier’s interactive services by a minor is subject to the consent of their parent or guardian. The supplier advises parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
CONTENT STANDARDS
These content standards apply to any and all material which you contribute to the site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
•Be accurate (where they state facts).
•Be genuinely held (where they state opinions).
•Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
•Contain any material which is defamatory of any person.
•Contain any material which is obscene, offensive, hateful or inflammatory.
•Promote sexually explicit material.
•Promote violence.
•Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
•Infringe any copyright, database right or trade mark of any other person.
•Be likely to deceive any person.
•Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of
confidence.
•Promote any illegal activity.
•Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless
anxiety.
•Be likely to harass, upset, embarrass, alarm or annoy any other person.
•Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
•Give the impression that they emanate from the supplier or associate, if this is not the case.
•Advocate, promote or assist any unlawful act such as (by way of example only) copyright
infringement or computer misuse.
SUSPENSION AND TERMINATION
The supplier will determine, at the supplier’s discretion, whether there has been a breach of this acceptable use policy through your use of the site. When a breach of this policy has occurred, the supplier may take such action as the supplier deems appropriate. Failure to comply with this acceptable use policy constitutes a material breach of the general terms of website use upon which you are permitted to use the site, and may result in our taking all or any of the following actions:
•Immediate, temporary or permanent withdrawal of your right to use the site.
•Immediate, temporary or permanent removal of any posting or material uploaded by you to the site.
•Issue of a warning to you.
•Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
•Further legal action against you.
•Disclosure of such information to law enforcement authorities as the supplier reasonably feel is necessary.
•The supplier exclude liability for actions taken in response to breaches of this acceptable use policy.
• The responses described in this policy are not limited, and the supplier may take any other action the supplier reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
The supplier may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on the supplier’s sites.
SUPPLY OF ELECTRICITY – CONDITIONS OF USE
1.An electrical supply is only available to boats authorised by the supplier and where the boat owner has a pre-paid balance in their account with the supplier.
2.The supplier cannot guarantee a constant supply and the supplier make no assurance as to the suitability of the vessel to accept the supply, it being the responsibility of the owner to assess the vessel’s suitability.
3.The supplier accepts no responsibility for loss or damage arising out of the supply or its termination.
4.The supplier may revise these conditions of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier make which are binding on you.
Refund policy
Privacy policy
Newlyn Pier and Harbour Commissioners
Terms and Conditions
‘Newlyn Harbour’ Web Site‘– https://gateway2.meter-macs.com
Powered by Meter Macs Ltd
is for use by the ‘Authorised Customers’
of ‘Newlyn Pier and Harbour Commissioners‘
Supplier home site – http://www.newlynharbour.com
referred as ‘The Site’
referred to as ‘Associate’
referred as ‘You’
referred as ‘The Supplier’
TERMS OF USE:
This page, (together with the documents referred to in it), tells you the terms of use on which you may make use of the site whether as an authorised customer or a guest of an authorised customer. Please read these terms of use carefully before you start to use the site. By using the site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the site.
ACCESSING THE SITE
Access to the site is permitted on a temporary basis, and the supplier reserves the right to withdraw or amend the services provided on the site without notice (see below). The supplier and associate will not be liable if for any reason the site is unavailable at any time or for any period. From time to time, the supplier may restrict access to some parts of the site, or the entire site, to users.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. The supplier has the right to disable any user identification code or password, whether chosen by you or allocated by the supplier, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
When using the site, you must comply with all ‘Terms of Use’ as detailed in this document.
You are responsible for making all arrangements necessary for you to have access to the site. You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
The site is powered by Meter Macs Ltd; the owner, author and the licensee of all intellectual property rights in the site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the site for your personal reference, you will be held liable for any and all damages resulting from the misuse of the site; by you or your agents.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on the site must always be acknowledged.
You must not use any part of the materials on the site for commercial purposes without obtaining a license to do so from the supplier or their licensors.
If you print off, copy or download any part of the site in breach of these terms of use, your right to use the site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the site are not intended to amount to advice on which reliance should be placed. The supplier therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the site, or by anyone who may be informed of any of its contents.
WEBSITE UPDATES
The supplier aims to update the site regularly, and may change the content at any time. If the need arises, the supplier may suspend access to the site, or close it indefinitely. Any of the material on the site may be out of date at any given time, and the supplier is under no obligation to update such material.
LIABILITY
While the supplier will use reasonable efforts to ensure that the site is accurate and up-to-date, the material displayed is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, the supplier hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use the site, any websites linked to them and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
The supplier and associate will process information about you in accordance with the supplier’s privacy policy. By using the site, you consent to such processing and you warrant that all data provided by you is accurate.
UPLOADING MATERIAL TO THE SITE
Whenever you make use of a feature that allows you to upload material to the site, or to make contact with other users of the site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify the supplier for any breach of that warranty.
Any material you upload to the site will be considered non-confidential and non-proprietary, and the supplier has the right to use, copy, distribute and disclose to third parties any such material for any purpose. The supplier and associate also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the site constitutes a violation of their intellectual property or proprietary rights, or of their right to privacy.
The supplier will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the site.
The supplier has the right to remove any material or posting you make on the site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. The supplier will report any such breach to the relevant law enforcement authorities and the supplier will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the site will cease immediately.
The Supplier and Associate will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any material posted on them, or on any website linked to them.
LINKING TO THE SITE
You may link to the home site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
The site must not be framed on any other site, nor may you create a link to any part of the site other than the home page. The supplier and associate reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on the site other than that set out above, please address your request via the home site.
LINKS FROM THE SITE
Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only. Unless expressly stated the supplier has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the site. These terms of use are governed by the law of England and Wales.
VARIATIONS
The supplier may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the site. Any revisions to these terms and conditions will be highlighted on the Suppliers Website as stated above.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and the supplier under which you may access the supplier’s websites. This acceptable use policy applies to all users of, and visitors to, the site. Your use of the site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement the supplier’s general terms of website use.
PROHIBITED USES
You may use the site only for lawful purposes. You may not use the site:
•In any way that breaches any applicable local, national or international law or regulation.
•In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
•For the purpose of harming or attempting to harm minors in any way.
•To send, knowingly receive, upload, download, use or re-use any material which does not comply
with the supplier’s content standards.
•To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional
material or any other form of similar solicitation (spam).
•To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
•Not to reproduce, duplicate, copy or re-sell any part of the site in contravention of the provisions of
the supplier’s general terms of website use.
•Not to access without authority, interfere with, damage or disrupt:- any part of the site; any equipment or network on which the site is stored; any software used in the provision of the site; or any equipment or network or software owned or used by any third party.
INTERACTIVE SERVICES
The supplier may from time to time provide interactive services on the site. Where the supplier provides any interactive service, the supplier will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical)
The Supplier will do its best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the site, and the supplier will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, the supplier are under no obligation to oversee, monitor or moderate any interactive service the supplier provides on the site, and expressly exclude the supplier’s liability for any loss or damage arising from the use of any interactive service by a user in contravention of the supplier’s content standards, whether the service is moderated or not.
The use of any of the supplier’s interactive services by a minor is subject to the consent of their parent or guardian. The supplier advises parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
CONTENT STANDARDS
These content standards apply to any and all material which you contribute to the site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
•Be accurate (where they state facts).
•Be genuinely held (where they state opinions).
•Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
•Contain any material which is defamatory of any person.
•Contain any material which is obscene, offensive, hateful or inflammatory.
•Promote sexually explicit material.
•Promote violence.
•Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
•Infringe any copyright, database right or trade mark of any other person.
•Be likely to deceive any person.
•Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of
confidence.
•Promote any illegal activity.
•Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless
anxiety.
•Be likely to harass, upset, embarrass, alarm or annoy any other person.
•Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
•Give the impression that they emanate from the supplier or associate, if this is not the case.
•Advocate, promote or assist any unlawful act such as (by way of example only) copyright
Infringement or computer misuse.
SUSPENSION AND TERMINATION
The supplier will determine, at the supplier’s discretion, whether there has been a breach of this acceptable use policy through your use of the site. When a breach of this policy has occurred, the supplier may take such action as the supplier deems appropriate. Failure to comply with this acceptable use policy constitutes a material breach of the general terms of website use upon which you are permitted to use the site, and may result in our taking all or any of the following actions:
•Immediate, temporary or permanent withdrawal of your right to use the site.
•Immediate, temporary or permanent removal of any posting or material uploaded by you to the site.
•Issue of a warning to you.
•Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
•Further legal action against you.
•Disclosure of such information to law enforcement authorities as the supplier reasonably feel is necessary.
•The supplier exclude liability for actions taken in response to breaches of this acceptable use policy.
• The responses described in this policy are not limited, and the supplier may take any other action the supplier reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
The supplier may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on the supplier’s sites.
SUPPLY OF ELECTRICITY – CONDITIONS OF USE
1.An electrical supply is only available to boats authorised by the supplier and where the boat owner has a pre-paid balance in their account with the supplier.
2.The supplier cannot guarantee a constant supply and the supplier make no assurance as to the suitability of the vessel to accept the supply, it being the responsibility of the owner to assess the vessel’s suitability.
3.The supplier accepts no responsibility for loss or damage arising out of the supply or its termination.
4.The supplier may revise these conditions of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier make which are binding on you.
Privacy Policy
This policy (together with the supplier’s general terms of website use and any other documents referred to in it) sets out the basis on which any personal data the supplier collect from you, or that you provide to the supplier, will be processed by the supplier. Please read the following carefully to understand the supplier’s views and practices regarding your personal data and how the supplier will treat it.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is the Supplier.
IP ADDRESSES AND COOKIES
The Supplier may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about the users’ browsing actions and patterns, and does not identify any individual.
For the same reason, the supplier may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the supplier’s site. Unless you have adjusted your browser setting so that it will refuse cookies, the supplier’s system may issue cookies when you log on to the site. Please note that third parties to whom the supplier provide links from the site may also use cookies, over which the supplier have no control.
WHERE THE SUPPLIER STOREs YOUR PERSONAL DATA
The data that the supplier collect from you is stored within the European Economic Area. The supplier will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to the supplier is stored on the supplier’s secure servers or on secure servers hosted by third parties with which The supplier have a contractual arrangement to provide website hosting services. Any payment transactions will be encrypted using SSL technology. Where the supplier has given you (or where you have chosen) a password which enables you to access certain parts of the supplier’s sites, you are responsible for keeping this password confidential. The supplier asks you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. The Supplier will do its best to protect your personal data, the supplier cannot guarantee the security of your data transmitted to the site; any transmission is at your own risk. Once the supplier has received your information, the supplier will use strict procedures and security features to try to prevent unauthorised access.
YOUR PERSONAL DATA
Information held about you may be used in the following ways:
• To ensure that content from the site is presented in the most effective manner for you and for your computer.
• To carry out the supplier’s obligations arising from any contracts entered into.
• To allow you to participate in interactive features of the supplier’s services, when you choose to do so.
• To notify you about changes to the supplier’s services.
• To administer any berth or mooring agreements that you may have with the supplier.
DISCLOSURE OF YOUR INFORMATION
The supplier may disclose your personal information to third parties if required under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply the supplier’s general website terms of use, or to protect the rights, property, or safety of the Suppliers, its customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
YOUR RIGHTS
You have the right to ask the supplier not to process your personal data for marketing purposes. The supplier will usually inform you (before collecting your data) if the supplier intends to use your data for such purposes or if the supplier intends to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms the supplier uses to collect your data. You can also exercise the right at any time by contacting
Our site may, from time to time, contain links to and from the websites of partner networks and advertisers. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that the supplier does not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £25 to meet our costs in providing you with details of the information the supplier hold about you.
CHANGES TO OUR PRIVACY POLICY
Any changes the supplier may make to our privacy policy in the future will be notified to you.
COOKIE POLICY
Cookies are small text files used by internet browsers to store small bits of information about a device or computer, such as preferred settings or preferred languages. Everyone deserves to know when files are to be stored on equipment that they own, and when information about them may be stored and used. Read on to find out how the supplier use cookies. Our website may store a number of different cookies on the computer or device that you use to access our website. Cookies do not take up much space (unless you have thousands of them) and cannot contain viruses or other harmful code. The site will never use cookies that can track your behaviour across multiple websites.
YOUR CONCERNS
If you have any concerns about material which appears or are unclear on the operation of the site, please contact the supplier on the above stated website
Thank you for visiting the site.
Awaiting
Awaiting
Privacy Policy
This policy (together with the supplier’s general terms of website use and any other documents referred to in it) sets out the basis on which any personal data the supplier collect from you, or that you provide to the supplier, will be processed by the supplier. Please read the following carefully to understand the supplier’s views and practices regarding your personal data and how the supplier will treat it.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is the Supplier.
IP ADDRESSES AND COOKIES
The Supplier may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about the users’ browsing actions and patterns, and does not identify any individual.
For the same reason, the supplier may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the supplier’s site. Unless you have adjusted your browser setting so that it will refuse cookies, the supplier’s system may issue cookies when you log on to the site. Please note that third parties to whom the supplier provide links from the site may also use cookies, over which the supplier have no control.
WHERE THE SUPPLIER STOREs YOUR PERSONAL DATA
The data that the supplier collect from you is stored within the European Economic Area. The supplier will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to the supplier is stored on the supplier’s secure servers or on secure servers hosted by third parties with which The supplier have a contractual arrangement to provide website hosting services. Any payment transactions will be encrypted using SSL technology. Where the supplier has given you (or where you have chosen) a password which enables you to access certain parts of the supplier’s sites, you are responsible for keeping this password confidential. The supplier asks you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. The Supplier will do its best to protect your personal data, the supplier cannot guarantee the security of your data transmitted to the site; any transmission is at your own risk. Once the supplier has received your information, the supplier will use strict procedures and security features to try to prevent unauthorised access.
YOUR PERSONAL DATA
Information held about you may be used in the following ways:
• To ensure that content from the site is presented in the most effective manner for you and for your computer.
• To carry out the supplier’s obligations arising from any contracts entered into.
• To allow you to participate in interactive features of the supplier’s services, when you choose to do so.
• To notify you about changes to the supplier’s services.
• To administer any berth or mooring agreements that you may have with the supplier.
DISCLOSURE OF YOUR INFORMATION
The supplier may disclose your personal information to third parties if required under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply the supplier’s general website terms of use, or to protect the rights, property, or safety of the Suppliers, its customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
YOUR RIGHTS
You have the right to ask the supplier not to process your personal data for marketing purposes. The supplier will usually inform you (before collecting your data) if the supplier intends to use your data for such purposes or if the supplier intends to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms the supplier uses to collect your data. You can also exercise the right at any time by contacting
Our site may, from time to time, contain links to and from the websites of partner networks and advertisers. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that the supplier does not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £25 to meet our costs in providing you with details of the information the supplier hold about you.
CHANGES TO OUR PRIVACY POLICY
Any changes the supplier may make to our privacy policy in the future will be notified to you.
COOKIE POLICY
Cookies are small text files used by internet browsers to store small bits of information about a device or computer, such as preferred settings or preferred languages. Everyone deserves to know when files are to be stored on equipment that they own, and when information about them may be stored and used. Read on to find out how the supplier use cookies. Our website may store a number of different cookies on the computer or device that you use to access our website. Cookies do not take up much space (unless you have thousands of them) and cannot contain viruses or other harmful code. The site will never use cookies that can track your behaviour across multiple websites.
YOUR CONCERNS
If you have any concerns about material which appears or are unclear on the operation of the site, please contact the supplier on the above stated website
Thank you for visiting the site.
https://gateway.meter-macs.com
Powered by Meter Macs Ltd
is for use by the ‘Authorised Customers’
referred as ‘The Site’
referred to as ‘The Supplier’
referred as ‘You’
TERMS OF USE:
This page (together with the documents referred to in it) tells you the terms of use on which you may make use of the site whether as an authorised customer or a guest of an authorised customer. Please read these terms of use carefully before you start to use the site. By using the site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the site.
ACCESSING THE SITE
Access to the site is permitted on a temporary basis, and the supplier reserves the right to withdraw or amend the services provided on the site without notice (see below). The supplier will not be liable if for any reason the site is unavailable at any time or for any period. From time to time, the supplier may restrict access to some parts of the site, or the entire site, to users.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. The supplier has the right to disable any user identification code or password, whether chosen by you or allocated by the supplier, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
When using the site, you must comply with all ‘Terms of Use’ as detailed in this document.
You are responsible for making all arrangements necessary for you to have access to the site. You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
The site is powered by Meter Macs Ltd; the owner, author and the licensee of all intellectual property rights in the site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the site for your personal reference, you will be held liable for any and all damages resulting from the misuse of the site; by you or your agents.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on the site must always be acknowledged.
You must not use any part of the materials on the site for commercial purposes without obtaining a license to do so from the supplier or their licensors.
If you print off, copy or download any part of the site in breach of these terms of use, your right to use the site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the site are not intended to amount to advice on which reliance should be placed. The supplier therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the site, or by anyone who may be informed of any of its contents.
WEBSITE UPDATES
The supplier aims to update the site regularly, and may change the content at any time. If the need arises, the supplier may suspend access to the site, or close it indefinitely. Any of the material on the site may be out of date at any given time, and the supplier is under no obligation to update such material.
LIABILITY
While the supplier will use reasonable efforts to ensure that the site is accurate and up-to-date, the material displayed is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, the supplier hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use the site, any websites linked to them and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
The supplier will process information about you in accordance with the supplier’s privacy policy. By using the site, you consent to such processing and you warrant that all data provided by you is accurate.
UPLOADING MATERIAL TO THE SITE
Whenever you make use of a feature that allows you to upload material to the site, or to make contact with other users of the site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify the supplier for any breach of that warranty.
Any material you upload to the site will be considered non-confidential and non-proprietary, and the supplier has the right to use, copy, distribute and disclose to third parties any such material for any purpose. The supplier also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the site constitutes a violation of their intellectual property or proprietary rights, or of their right to privacy.
The supplier will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the site.
The supplier has the right to remove any material or posting you make on the site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. The supplier will report any such breach to the relevant law enforcement authorities and the supplier will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the site will cease immediately.
The Supplier will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any material posted on them, or on any website linked to them.
LINKING TO THE SITE
You may link to the home site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
The site must not be framed on any other site, nor may you create a link to any part of the site other than the home page. The supplier reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on the site other than that set out above, please address your request via the home site.
LINKS FROM THE SITE
Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only. Unless expressly stated the supplier has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the site. These terms of use are governed by English law.
VARIATIONS
The supplier may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the site.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and the supplier under which you may access the supplier’s websites. This acceptable use policy applies to all users of, and visitors to, the site. Your use of the site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement the supplier’s general terms of website use.
PROHIBITED USES
You may use the site only for lawful purposes. You may not use the site:
• In any way that breaches any applicable local, national or international law or regulation.
•In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
•For the purpose of harming or attempting to harm minors in any way.
•To send, knowingly receive, upload, download, use or re-use any material which does not comply
with the supplier’s content standards.
•To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional
material or any other form of similar solicitation (spam).
•To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
•Not to reproduce, duplicate, copy or re-sell any part of the site in contravention of the provisions of
the supplier’s general terms of website use.
•Not to access without authority, interfere with, damage or disrupt:- any part of the site; any equipment or network on which the site is stored; any software used in the provision of the site; or any equipment or network or software owned or used by any third party.
INTERACTIVE SERVICES
The supplier may from time to time provide interactive services on the site. Where the supplier provides any interactive service, the supplier will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical)
The Supplier will do its best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the site, and the supplier will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, the supplier are under no obligation to oversee, monitor or moderate any interactive service the supplier provides on the site, and expressly exclude the supplier’s liability for any loss or damage arising from the use of any interactive service by a user in contravention of the supplier’s content standards, whether the service is moderated or not.
The use of any of the supplier’s interactive services by a minor is subject to the consent of their parent or guardian. The supplier advises parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
CONTENT STANDARDS
These content standards apply to any and all material which you contribute to the site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
•Be accurate (where they state facts).
•Be genuinely held (where they state opinions).
•Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
•Contain any material which is defamatory of any person.
•Contain any material which is obscene, offensive, hateful or inflammatory.
•Promote sexually explicit material.
•Promote violence.
•Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
•Infringe any copyright, database right or trade mark of any other person.
•Be likely to deceive any person.
•Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of
confidence.
•Promote any illegal activity.
•Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless
anxiety.
•Be likely to harass, upset, embarrass, alarm or annoy any other person.
•Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
•Give the impression that they emanate from the supplier, if this is not the case.
•Advocate, promote or assist any unlawful act such as (by way of example only) copyright
infringement or computer misuse.
SUSPENSION AND TERMINATION
The supplier will determine, at the supplier’s discretion, whether there has been a breach of this acceptable use policy through your use of the site. When a breach of this policy has occurred, the supplier may take such action as the supplier deems appropriate. Failure to comply with this acceptable use policy constitutes a material breach of the general terms of website use upon which you are permitted to use the site, and may result in our taking all or any of the following actions:
•Immediate, temporary or permanent withdrawal of your right to use the site.
•Immediate, temporary or permanent removal of any posting or material uploaded by you to the site.
•Issue of a warning to you.
•Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
•Further legal action against you.
•Disclosure of such information to law enforcement authorities as the supplier reasonably feel is necessary.
•The supplier exclude liability for actions taken in response to breaches of this acceptable use policy.
• The responses described in this policy are not limited, and the supplier may take any other action the supplier reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
The supplier may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on the supplier’s sites.
SUPPLY OF ELECTRICITY – CONDITIONS OF USE
1.An electrical supply is only available to boats authorised by the supplier and where the boat owner has a pre-paid balance in their account with the supplier.
2.The supplier cannot guarantee a constant supply and the supplier make no assurance as to the suitability of the vessel to accept the supply, it being the responsibility of the owner to assess the vessel’s suitability.
3.The supplier accepts no responsibility for loss or damage arising out of the supply or its termination.
4.The supplier may revise these conditions of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier make which are binding on you.
Privacy Policy
This policy (together with the supplier’s general terms of website use and any other documents referred to in it) sets out the basis on which any personal data the supplier collect from you, or that you provide to the supplier, will be processed by the supplier. Please read the following carefully to understand the supplier’s views and practices regarding your personal data and how the supplier will treat it.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is the Supplier.
IP ADDRESSES AND COOKIES
The Supplier may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about the users’ browsing actions and patterns, and does not identify any individual.
For the same reason, the supplier may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the supplier’s site. Unless you have adjusted your browser setting so that it will refuse cookies, the supplier’s system may issue cookies when you log on to the site. Please note that third parties to whom the supplier provide links from the site may also use cookies, over which the supplier have no control.
WHERE THE SUPPLIER STOREs YOUR PERSONAL DATA
The data that the supplier collect from you is stored within the European Economic Area. The supplier will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to the supplier is stored on the supplier’s secure servers or on secure servers hosted by third parties with which The supplier have a contractual arrangement to provide website hosting services. Any payment transactions will be encrypted using SSL technology. Where the supplier has given you (or where you have chosen) a password which enables you to access certain parts of the supplier’s sites, you are responsible for keeping this password confidential. The supplier asks you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. The Supplier will do its best to protect your personal data, the supplier cannot guarantee the security of your data transmitted to the site; any transmission is at your own risk. Once the supplier has received your information, the supplier will use strict procedures and security features to try to prevent unauthorised access.
YOUR PERSONAL DATA
Information held about you may be used in the following ways:
• To ensure that content from the site is presented in the most effective manner for you and for your computer.
• To carry out the supplier’s obligations arising from any contracts entered into.
• To allow you to participate in interactive features of the supplier’s services, when you choose to do so.
• To notify you about changes to the supplier’s services.
• To administer any berth or mooring agreements that you may have with the supplier.
DISCLOSURE OF YOUR INFORMATION
The supplier may disclose your personal information to third parties if required under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply the supplier’s general website terms of use, or to protect the rights, property, or safety of the Suppliers, its customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
YOUR RIGHTS
You have the right to ask the supplier not to process your personal data for marketing purposes. The supplier will usually inform you (before collecting your data) if the supplier intends to use your data for such purposes or if the supplier intends to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms the supplier uses to collect your data. You can also exercise the right at any time by contacting
Our site may, from time to time, contain links to and from the websites of partner networks and advertisers. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that the supplier does not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £25 to meet our costs in providing you with details of the information the supplier hold about you.
CHANGES TO OUR PRIVACY POLICY
Any changes the supplier may make to our privacy policy in the future will be notified to you.
COOKIE POLICY
Cookies are small text files used by internet browsers to store small bits of information about a device or computer, such as preferred settings or preferred languages. Everyone deserves to know when files are to be stored on equipment that they own, and when information about them may be stored and used. Read on to find out how the supplier use cookies. Our website may store a number of different cookies on the computer or device that you use to access our website. Cookies do not take up much space (unless you have thousands of them) and cannot contain viruses or other harmful code. The site will never use cookies that can track your behaviour across multiple websites.
YOUR CONCERNS
If you have any concerns about material which appears on the site, please contact the Supplier
Thank you for visiting the site.
Terms of Service
Refund Policy
Privacy Policy
Agreement for the Purchase of Electricity and Water
1Definitions
Electricity/water: Utilities provided from the delivery points for use on your vessel.
Berths: the berths where Vessels can access the Electricity and Water Delivery Points.
Fuel Keys: the electronic key fobs which will enable you to purchase electricity and water from the Fuel Delivery Points up to the value of balance on your prepaid account.
Fuel Key Receipt Form: the declaration in the form set out in Schedule 1 which must be signed in accordance with clause 5.5 by you or the person collecting the Fuel Key for Your Vessel on your behalf
Fuel Delivery Points: the fuel delivery system installed at the Plymouth Fisheries Complex.
Vessel: a commercial fishing vessel or boat.
Your Vessel: the Vessel owned, or part owned, by you and which will be specified on the Fuel Key Receipt Form and beneath your signature on page 6 of this Agreement.
2Our contract with you
2.1These are the terms and conditions on which you purchase electricity and water from us.
2.2Please read these terms carefully before you request Fuel Keys. These terms tell you who we are, how you can purchase electricity and water from us, how you and we may change or end this Agreement, what to do if there is a problem and other important information. If you think there is a mistake in these terms please contact us to discuss.
2.3By ticking the acceptance box confirms your acceptance of the terms and conditions contained within this Agreement.
2.4This Agreement shall take effect on the date of your acceptance in accordance with clause 2.3 above.
3Information about us and how to contact us
3.1We are Sutton Harbour Company a company registered in England and Wales. Our company registration number is ZC000187 and our registered office is at Sutton Harbour Office, Guy’s Quay, Sutton Harbour, Plymouth, PL4 0ES.
3.2You can contact us by telephone on 01752 204186 or by email at accounts@sutton-harbour.co.uk during normal office hours.
3.3If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you have provided to us.
3.4When we use the words “writing” or “written” in these terms, this includes emails.
4Your obligations
4.1You agree that you are listed as one of the owners of Your Vessel on the UK Registry of Shipping and Seamen and that you are authorised by all other owners, part owners and beneficial owners of Your Vessel to enter into this Agreement.
5Providing the Electricity and water
5.1The Fuel Keys will be provided free of charge and shall remain our property at all times. If you lose your Fuel Keys you must notify us immediately using the contact details at clause 3.2 above so the Fuel Keys can be decoded. We can supply a replacement Fuel Key for a fee of £20.
5.2You agree that the Fuel Keys will only be used to purchase electricity and water for Your Vessel and not for any other Vessels, vehicles or machinery.
5.3You agree to follow the operating instructions as displayed on notice boards at the Fuel Delivery Points or as otherwise notified by us to you from time to time.
5.4We agree that you may appoint a representative to collect the Fuel Keys from us. You must provide prior written notification (which shall include notification by email) to us of the name of the representative who will collect the Fuel Keys. You agree that the person who collects the Fuel Keys will sign the Fuel Key Receipt Form acknowledging receipt of the Fuel Keys and confirming they accept the Fuel Keys terms of use set out in this Agreement.
5.5We may have to suspend the Services to:
(a)deal with technical problems or make minor technical changes;
(b)update the Fuel Delivery Points and/or Fuel Keys to reflect changes in relevant laws and regulatory requirements;
©make changes to the Fuel Delivery Points and/or Fuel Keys as requested by you or notified by us to you.
5.6Where relevant, we will display notices on notice boards at the Fuel Delivery Points to tell you we will be suspending the provision of Fuel/ electricity and water, unless the problem is urgent or an emergency.
5.7Where your Fuel Key has been:
(a)lost or stolen and you fail to notify us immediately in accordance with clause 5.1; or
(b)used without your knowledge or consent
you will remain liable to pay for any electricity and water drawn using the Fuel Keys, regardless of whether or not such electricity and water was purchased for Your Vessel.
6Your rights to end the Agreement
6.1You may contact us in writing at any time to end the Agreement.
7Our rights to end the Agreement
7.1We may end the Agreement at any time by writing to you and giving you 14 days’ notice if:
(a)we reasonably believe that you are in breach of clause 5.2;
(b)you, your family, employees, personnel, agents or other persons using your Fuel Keys, cause any damage to our property and/or equipment, including but not limited to the Fuel Delivery Points, whilst exercising your rights under this Agreement;
©on more than two occasions, you allow Your Vessel to block the Fuel Berths without reasonable excuse when you are not using the Fuel Delivery Points;
(d)for any other reason at our discretion.
7.2In accordance with clause 13.3, this Agreement will automatically end with immediate effect if you transfer ownership of Your Vessel.
8If there is a problem with the Fuel Key
8.1If you have any questions or complaints about the Fuel Keys, please contact us and we will provide a replacement Fuel Keys as soon as possible and, in any event, within 14 days.
8.2Nothing in these terms will affect your legal rights.
9Price and payment
9.1The price for electricity and water is available from us on request.
10Our responsibility for loss or damage suffered by you
10.1Subject to clause 10.2 below, if we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable care and skill, but, except as set out in clause 10.3 we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.2We shall not be liable for any loss or damage you suffer as a result of:
(a)Electricity and water not being available at all times;
(b)restricted access to the Fuel Berths and/or Fuel Delivery Points; or
©any malfunction of the Fuel Delivery Points.
10.3We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods
10.4We will be liable for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the provision of the Fuel and/or Fuel Key.
10.5This clause shall survive the termination or expiry of this Agreement.
11Your responsibility for loss or damage suffered by us
11.1If you cause any damage to the Fuel Delivery Points you will reimburse us for our reasonable expenses of rectifying the damage.
11.2You are responsible for any loss or damage we suffer that is a foreseeable result of you breaking this Agreement. You are also responsible for any loss or damage we suffer as a result of the negligence of you or your employees when attending the Fuel Delivery Points, including but not limited to any losses we suffer as a result of environmental pollution.
12How we may use your personal information
12.1We will only use the personal information you provide to us to:
(a)provide the Services;
(b)process your payment for such Services.
13Other important terms
13.1You must notify us within 3 days of the relevant transfer, if you sell or transfer ownership of Your Vessel and you are consequently no longer an owner or part owner of Your Vessel. You will remain responsible for any Fuel drawn down using your Fuel Key until we are in safe receipt of the Fuel Key as required under clause 7.2.
13.2We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Agreement. If you are unhappy with the transfer you may contact us to end the Agreement within 14 days of us telling you about it.
13.3You may not assign your rights and obligations under these terms.
13.4This Agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need the consent of any person acquiring rights under our guarantee to end the Agreement or make any changes to these terms.
13.5Each 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.
13.6If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Agreement that will not mean that you do not have to do those things or prevent us taking steps against you at a later date.
13.7This Agreement is governed by English law and you can bring legal proceedings in respect of this Agreement in the English courts.
13.8Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider.
Included in Terms and Conditions
Included in Terms and Conditions
Included in Terms and Conditions
Taken from the published Ramsgate Royal Harbour terms and conditions, dated 1 April 2023
1.8 SECURITY ACCESS, ELECTRICITY SYSTEMS AND WATER SUPPLY
1.8.1 Security All vessel owners need to ensure that the highest levels of security are
maintained within all Marinas, and ensure that gates/doors are shut behind them, not leave
any gates/doors propped open and to not permit persons to follow them through a marina
gate/door if they are unknown to them.
1.8.2 Electricity supply Electricity is provided via either a metered lead or pay as you go system
and is charged per KWh- £ (subject to market price). Both systems incur a standing charge
which is detailed within the Marina Fees and Charges.
1.8.3 I-Buttons One ‘i-button’ for the pay as you go electricity and access point system will be
issued free of charge to each berth holder. A charge will be payable for any additional or
replacement ‘i-buttons’ as per the Marina Fees and Charges.
1.8.4 I-Button surrender For security purposes, all ‘i-buttons’ must be surrendered to the
Harbour Office upon termination of the Berthing Licence.
1.8.5 Sufficient credit availability Every berth holder must ensure that their ‘i-button’ account
has sufficient credit available to enable electricity to be drawn. Where insufficient credit is
on a berth holder’s account, the electricity supply will stop.
1.8.6 Liability The Council shall not be liable whether in contract, tort or otherwise, for any loss
or any damage of whatsoever nature caused to any vessel or vehicle or other property of
the Owner as a result of any failure in the supply of electricity to a vessel or of the
malfunctioning of the electricity system and ancillary services provided at the Marina or for
any losses suffered by the berth holder as a result of an ‘i-button’ being lost or stolen or
used by a third party without the berth holder’s consent.
1.8.7 Supply of utilities (water and electricity) The Council does not guarantee the supply of
water and electricity to vessels at all times. There may be times when due to maintenance
or loss of service the council is unable to guarantee supply of services. The Council
reserves the right to disconnect a vessel from the marina supply without giving notice
should the vessel be exhibiting a risk to the authority.
1.8.8 Electricity cable connection Only one vessel may be connected to any one power socket
outlet.
1.8.9 Electricity cable The connecting flexible cable must be in one length, without signs of
damage, and not contain joints or other means to increase its length. Any round pin to
square pin adaptors must be connected within the vessel in a protected location.
1.8.10 Electricity usage Any customer found to be not paying for electricity (both standing charge
and units) will be subject to clause 1.6.2 Termination.
See terms and conditions
See terms and conditions
See terms and conditions
T/C
Terms
Refund
Privacy
Scottish Canals, Terms and Conditions of Electricity Supply
Scottish Canals’ Terms and Conditions for the purchase of electricity and use of the payment portal
These Terms and Conditions set out the rights and obligations of:
a)users of the electricity payment portal referred to below which is accessible via the link on the scottishcanals.co.uk website (“user”, “you”, “your”); and
b)Scottish Canals, whose Head Office is at Applecross Street, Glasgow, G4 9SP (“The Company”, “we”, “us” or “our”),
in relation to the electricity payment portal accessible via the link on the scottishcanals.co.uk website (the “Portal”), the pre-payment for electricity via the Portal, and the supply of electricity provided by the Company at various sites in Scotland.
Your use of the Portal and any electricity supplied to you by the Company is subject to these Terms and Conditions.
Your use of the Portal is also subject to the terms and conditions of use set out at scottishcanals.co.uk/terms-conditions (the “Terms and Conditions of Use”). By creating an account and topping up your electricity account via the Portal, you are confirming that you have read, understood and accept these Terms and Conditions and the Terms and Conditions of Use.
1.Supply of Electricity
1.1. When buying electricity from the Company you acknowledge that the Company is an electricity re-seller and is therefore subject to government regulations and guidelines set by Ofgem, the electricity regulator.
https://www.ofgem.gov.uk/publications/resale-gas-and-electricity-guidance-resellers
We will follow Ofgem guidance in calculating charges. The charges applicable at any time and the method of calculation are set out in the user guide published on the scottishcanals.co.uk website.
You agree that you will use the electricity supply for normal domestic use only and will not use it for any kind of industrial or commercial purpose. You also agree not to sell the electricity on to any third party.
1.2.On a quarterly basis, the Company will test the electricity supply at each site in accordance with the legal requirements for supplying electricity. This means that you will experience a short power outage while this takes place. You will be notified of any such planned power outages via email only, unless you have made us aware of your need for postal notification and please note that it is your responsibility to remove or protect any electrical appliances during such electrical checks.
1.3.In the event that you experience unscheduled power outages or faults with your electricity supply, you agree to check that your electricity cables have been installed correctly, are being used correctly and your account sign-in details have been entered correctly before contacting the Company.
1.4.If you continue to experience problems with your electricity supply (after conducting checks in accordance with clause 1.3, above) you should report the problem to the Company via the ‘Report a Fault’ process. The Company will assess the problem and attempt to repair any faults or arrange for an exchange of parts. We reserve the right to charge you for any callout if the fault is found to be with your cables or equipment or resulting from incorrectly entered account details.
1.5.You agree to not tamper with the supply of electricity in any way.
1.6.Each time you use the electricity we supply, the credits that are registered on your account will be reduced according to the quantity of the usage. When your credit falls below the low balance threshold, the system will email you on X separate occasions advising you of low balance. When the credit is used, the electricity will be switched off until further credit is added.
2.Payment for Electricity via the Portal
2.1.You will pay for all electricity by means of pre-purchased credit. You can purchase credit by either accessing the payment section of the Portal, by credit or debit card payment over the phone, by cash or cheque payment in a Company office, or by any other method approved by the Company from time to time.
2.2.The minimum amount of credit which may be purchased at any time is £10.
2.3.the Company only accepts credit or debit card payments from the following types of card: Visa, MasterCard, Delta/Connect, or Switch.
3.Use of the Portal
3.1.You will be provided with a customer number and a PIN and how this will be provided is explained in the user guide.
3.2.Your customer number and PIN are unique to you and you must ensure for security reasons for your own protection that you take all reasonable steps to maintain this information as confidential and that you do not provide it to any third party.
3.3.To the extent permissible by law, you agree to accept all responsibility for all activity that occurs on your account.
3.4.You must inform us immediately if you have any reason to believe that your customer number and PIN have become known to any third party or if your account has been, or is likely to be use in a manner that is not authorised by you.
3.5.It is your responsibility to ensure that all details provided to us are accurate and complete and that such details are updated on a regular basis or as required.
3.6.the Company will not be liable for
3.6.1.any damage caused by communications you fail to receive as a result of missing or incorrect contact details; and/or
3.6.2.any misuse of your account should you share your details with a third party.
3.7.You agree not to use the Portal for otherwise than its intended use, and in particular you agree not to use the Portal:
3.7.1.in any way that causes, or is likely to cause, the Portal or any other website run by or connected to the Company or any access to any such website, to be interrupted, damaged or impaired in any way;
3.7.2.for fraudulent purposes;
3.7.3.in connection with a criminal offence or other unlawful activity; or
3.7.4.to cause annoyance, inconvenience or anxiety to any other person.
3.8.Occasionally we may have to temporarily suspend access to the Portal (or any part thereof) for technical, operational, or upgrade/improvement reasons, or in an emergency or for your security.
3.9.We reserve the right to refuse you access to the Portal or any other website run by or connected to the Company, and to terminate your account(s) if you are in breach of any relevant laws, these Terms and Conditions or any other applicable terms and conditions, guidelines or policies.
3.10.We will terminate your account on your request if you contact us in writing to report that your account details have been lost, stolen, damaged or destroyed.
3.11.If your account details are lost or stolen by reason of a security lapse on the part of the Company or its contractors or agents, we will refund to you the money equivalent of all credits left unused on your account.
3.12.Unless expressly stated otherwise the copyright, trademarks and other intellectual property rights in and relating to the Company and the Portal or any other website run by or connected to the Company.
3.13.the Company owned material on these websites including text and images, may not be printed, copied, reproduced, republished, downloaded, posted, displayed, modified, reused, broadcast or transmitted in any way without clear accreditation to the Company and the particular website and without complying with the Terms and Conditions of Use
3.14.We will use reasonable endeavours to maintain content but it may be incomplete, out of date or inaccurate and is provided on an “as is” basis. It is a condition of us allowing you access to the website that you accept that we will not be liable for any action you take in reliance on the content contained therein.
4.Links to Other Websites
4.1.At certain places on the Portal, hypertext links are provided to enable you to directly access other third-party websites. These third-party websites will contain material or information created, published and maintained by organisations independent of the Company and may offer goods or services for sale. the Company does not endorse, approve, certify or control these external sites, nor any product or service referred to on them and consequently does not guarantee the accuracy, completeness, efficacy, or timeliness of any material and information appearing on such websites or the quality of any goods or services for sale.
4.2.the Company assumes no responsibility for any consequences resulting from the use of any material and information displayed or posted on such third-party websites and expressly disclaims all liability for damage arising out of the use, reference to, or reliance upon such information. Your use of third-party websites and resources is at your own risk.
4.3.All purchases made through such third-party websites will be subject to the third party’s own conditions of sale and at no time is the Company acting in the capacity of either agent, partner or otherwise for such third parties.
5.Liability
5.1.To the maximum extent permitted by law, the Company is not liable for any loss or damage whatsoever which is suffered including, but not limited to:
5.1.1.compensatory loss or damage;
5.1.2.direct loss or damage;
5.1.3.indirect loss or damage;
5.1.4.special loss or damage;
5.1.5.consequential damages;
5.1.6.loss of data;
5.1.7.loss of income;
5.1.8.loss of profit;
5.1.9.loss of revenue;
5.1.10.loss of business;
5.1.11.loss of goodwill;
5.1.12.wasted management time;
5.1.13.loss of or damage to reputation or anticipated savings;
5.1.14.loss of or damage to property; and
5.1.15.claims of third parties,
howsoever caused (including by any breach of these Terms and Conditions, in connection with the use of the Portal, the sale of electricity, or any interruption in the supply of electricity by us).
5.2.Nothing in these Terms and Conditions limit the Company’s liability for death or personal injury resulting from our negligence or that of its directors, contractors, employees or agents, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which may not be lawfully excluded. Any statutory rights you may have as a consumer remain unaffected by these Terms and Conditions.
6.Privacy
The Privacy Policy forms part of these Terms and Conditions, and in accepting these Terms and Conditions you also accept the terms of the Privacy Policy and give your consent to our use of cookies and the way in which your personal data is handled, which will be in accordance with the Privacy Policy.
7.Changes to Terms and Conditions
We may from time to time review and revise these Terms and Conditions. Any changes to the Terms and Conditions will take effect from the date they appear on the Portal and it is up to you to regularly review the terms and conditions in case there are any changes. Continued use of the Portal after a change has been made is to be treated as acceptance of that change by you.
8.Third Parties
A person who is not a party to these Terms and Conditions shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms and Conditions.
9.Severability
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question will not be affected.
10.Entire Agreement
These Terms and Conditions (together with the Terms and Conditions of Use of scottishcanals.co.uk and the Terms and Conditions of our Privacy Policy) constitute the entire agreement between the parties regarding its subject matter and supersedes and replaces any and all prior agreements, understandings or arrangements between the parties, whether oral or in writing, with respect to the same.
11.Waiver
Omission by the Company to exercise any right under these terms and conditions will not constitute a waiver of such right unless expressly stated by the Company in writing.
12.Governing Law and Jurisdiction
These Terms and Conditions are governed by Scottish law and you submit to the exclusive jurisdiction of the Scottish courts.
January 2024
Scottish Canals, Terms and Conditions of Electricity Supply
Scottish Canals’ Terms and Conditions for the purchase of electricity and use of the payment portal
These Terms and Conditions set out the rights and obligations of:
a)users of the electricity payment portal referred to below which is accessible via the link on the scottishcanals.co.uk website (“user”, “you”, “your”); and
b)Scottish Canals, whose Head Office is at Applecross Street, Glasgow, G4 9SP (“The Company”, “we”, “us” or “our”),
in relation to the electricity payment portal accessible via the link on the scottishcanals.co.uk website (the “Portal”), the pre-payment for electricity via the Portal, and the supply of electricity provided by the Company at various sites in Scotland.
Your use of the Portal and any electricity supplied to you by the Company is subject to these Terms and Conditions.
Your use of the Portal is also subject to the terms and conditions of use set out at scottishcanals.co.uk/terms-conditions (the “Terms and Conditions of Use”). By creating an account and topping up your electricity account via the Portal, you are confirming that you have read, understood and accept these Terms and Conditions and the Terms and Conditions of Use.
1.Supply of Electricity
1.1. When buying electricity from the Company you acknowledge that the Company is an electricity re-seller and is therefore subject to government regulations and guidelines set by Ofgem, the electricity regulator.
https://www.ofgem.gov.uk/publications/resale-gas-and-electricity-guidance-resellers
We will follow Ofgem guidance in calculating charges. The charges applicable at any time and the method of calculation are set out in the user guide published on the scottishcanals.co.uk website.
You agree that you will use the electricity supply for normal domestic use only and will not use it for any kind of industrial or commercial purpose. You also agree not to sell the electricity on to any third party.
1.2.On a quarterly basis, the Company will test the electricity supply at each site in accordance with the legal requirements for supplying electricity. This means that you will experience a short power outage while this takes place. You will be notified of any such planned power outages via email only, unless you have made us aware of your need for postal notification and please note that it is your responsibility to remove or protect any electrical appliances during such electrical checks.
1.3.In the event that you experience unscheduled power outages or faults with your electricity supply, you agree to check that your electricity cables have been installed correctly, are being used correctly and your account sign-in details have been entered correctly before contacting the Company.
1.4.If you continue to experience problems with your electricity supply (after conducting checks in accordance with clause 1.3, above) you should report the problem to the Company via the ‘Report a Fault’ process. The Company will assess the problem and attempt to repair any faults or arrange for an exchange of parts. We reserve the right to charge you for any callout if the fault is found to be with your cables or equipment or resulting from incorrectly entered account details.
1.5.You agree to not tamper with the supply of electricity in any way.
1.6.Each time you use the electricity we supply, the credits that are registered on your account will be reduced according to the quantity of the usage. When your credit falls below the low balance threshold, the system will email you on X separate occasions advising you of low balance. When the credit is used, the electricity will be switched off until further credit is added.
2.Payment for Electricity via the Portal
2.1.You will pay for all electricity by means of pre-purchased credit. You can purchase credit by either accessing the payment section of the Portal, by credit or debit card payment over the phone, by cash or cheque payment in a Company office, or by any other method approved by the Company from time to time.
2.2.The minimum amount of credit which may be purchased at any time is £10.
2.3.the Company only accepts credit or debit card payments from the following types of card: Visa, MasterCard, Delta/Connect, or Switch.
3.Use of the Portal
3.1.You will be provided with a customer number and a PIN and how this will be provided is explained in the user guide.
3.2.Your customer number and PIN are unique to you and you must ensure for security reasons for your own protection that you take all reasonable steps to maintain this information as confidential and that you do not provide it to any third party.
3.3.To the extent permissible by law, you agree to accept all responsibility for all activity that occurs on your account.
3.4.You must inform us immediately if you have any reason to believe that your customer number and PIN have become known to any third party or if your account has been, or is likely to be use in a manner that is not authorised by you.
3.5.It is your responsibility to ensure that all details provided to us are accurate and complete and that such details are updated on a regular basis or as required.
3.6.the Company will not be liable for
3.6.1.any damage caused by communications you fail to receive as a result of missing or incorrect contact details; and/or
3.6.2.any misuse of your account should you share your details with a third party.
3.7.You agree not to use the Portal for otherwise than its intended use, and in particular you agree not to use the Portal:
3.7.1.in any way that causes, or is likely to cause, the Portal or any other website run by or connected to the Company or any access to any such website, to be interrupted, damaged or impaired in any way;
3.7.2.for fraudulent purposes;
3.7.3.in connection with a criminal offence or other unlawful activity; or
3.7.4.to cause annoyance, inconvenience or anxiety to any other person.
3.8.Occasionally we may have to temporarily suspend access to the Portal (or any part thereof) for technical, operational, or upgrade/improvement reasons, or in an emergency or for your security.
3.9.We reserve the right to refuse you access to the Portal or any other website run by or connected to the Company, and to terminate your account(s) if you are in breach of any relevant laws, these Terms and Conditions or any other applicable terms and conditions, guidelines or policies.
3.10.We will terminate your account on your request if you contact us in writing to report that your account details have been lost, stolen, damaged or destroyed.
3.11.If your account details are lost or stolen by reason of a security lapse on the part of the Company or its contractors or agents, we will refund to you the money equivalent of all credits left unused on your account.
3.12.Unless expressly stated otherwise the copyright, trademarks and other intellectual property rights in and relating to the Company and the Portal or any other website run by or connected to the Company.
3.13.the Company owned material on these websites including text and images, may not be printed, copied, reproduced, republished, downloaded, posted, displayed, modified, reused, broadcast or transmitted in any way without clear accreditation to the Company and the particular website and without complying with the Terms and Conditions of Use
3.14.We will use reasonable endeavours to maintain content but it may be incomplete, out of date or inaccurate and is provided on an “as is” basis. It is a condition of us allowing you access to the website that you accept that we will not be liable for any action you take in reliance on the content contained therein.
4.Links to Other Websites
4.1.At certain places on the Portal, hypertext links are provided to enable you to directly access other third-party websites. These third-party websites will contain material or information created, published and maintained by organisations independent of the Company and may offer goods or services for sale. the Company does not endorse, approve, certify or control these external sites, nor any product or service referred to on them and consequently does not guarantee the accuracy, completeness, efficacy, or timeliness of any material and information appearing on such websites or the quality of any goods or services for sale.
4.2.the Company assumes no responsibility for any consequences resulting from the use of any material and information displayed or posted on such third-party websites and expressly disclaims all liability for damage arising out of the use, reference to, or reliance upon such information. Your use of third-party websites and resources is at your own risk.
4.3.All purchases made through such third-party websites will be subject to the third party’s own conditions of sale and at no time is the Company acting in the capacity of either agent, partner or otherwise for such third parties.
5.Liability
5.1.To the maximum extent permitted by law, the Company is not liable for any loss or damage whatsoever which is suffered including, but not limited to:
5.1.1.compensatory loss or damage;
5.1.2.direct loss or damage;
5.1.3.indirect loss or damage;
5.1.4.special loss or damage;
5.1.5.consequential damages;
5.1.6.loss of data;
5.1.7.loss of income;
5.1.8.loss of profit;
5.1.9.loss of revenue;
5.1.10.loss of business;
5.1.11.loss of goodwill;
5.1.12.wasted management time;
5.1.13.loss of or damage to reputation or anticipated savings;
5.1.14.loss of or damage to property; and
5.1.15.claims of third parties,
howsoever caused (including by any breach of these Terms and Conditions, in connection with the use of the Portal, the sale of electricity, or any interruption in the supply of electricity by us).
5.2.Nothing in these Terms and Conditions limit the Company’s liability for death or personal injury resulting from our negligence or that of its directors, contractors, employees or agents, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which may not be lawfully excluded. Any statutory rights you may have as a consumer remain unaffected by these Terms and Conditions.
6.Privacy
The Privacy Policy forms part of these Terms and Conditions, and in accepting these Terms and Conditions you also accept the terms of the Privacy Policy and give your consent to our use of cookies and the way in which your personal data is handled, which will be in accordance with the Privacy Policy.
7.Changes to Terms and Conditions
We may from time to time review and revise these Terms and Conditions. Any changes to the Terms and Conditions will take effect from the date they appear on the Portal and it is up to you to regularly review the terms and conditions in case there are any changes. Continued use of the Portal after a change has been made is to be treated as acceptance of that change by you.
8.Third Parties
A person who is not a party to these Terms and Conditions shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms and Conditions.
9.Severability
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question will not be affected.
10.Entire Agreement
These Terms and Conditions (together with the Terms and Conditions of Use of scottishcanals.co.uk and the Terms and Conditions of our Privacy Policy) constitute the entire agreement between the parties regarding its subject matter and supersedes and replaces any and all prior agreements, understandings or arrangements between the parties, whether oral or in writing, with respect to the same.
11.Waiver
Omission by the Company to exercise any right under these terms and conditions will not constitute a waiver of such right unless expressly stated by the Company in writing.
12.Governing Law and Jurisdiction
These Terms and Conditions are governed by Scottish law and you submit to the exclusive jurisdiction of the Scottish courts.
January 2024
Scottish Canals, Terms and Conditions of Electricity Supply
Scottish Canals’ Terms and Conditions for the purchase of electricity and use of the payment portal
These Terms and Conditions set out the rights and obligations of:
a)users of the electricity payment portal referred to below which is accessible via the link on the scottishcanals.co.uk website (“user”, “you”, “your”); and
b)Scottish Canals, whose Head Office is at Applecross Street, Glasgow, G4 9SP (“The Company”, “we”, “us” or “our”),
in relation to the electricity payment portal accessible via the link on the scottishcanals.co.uk website (the “Portal”), the pre-payment for electricity via the Portal, and the supply of electricity provided by the Company at various sites in Scotland.
Your use of the Portal and any electricity supplied to you by the Company is subject to these Terms and Conditions.
Your use of the Portal is also subject to the terms and conditions of use set out at scottishcanals.co.uk/terms-conditions (the “Terms and Conditions of Use”). By creating an account and topping up your electricity account via the Portal, you are confirming that you have read, understood and accept these Terms and Conditions and the Terms and Conditions of Use.
1.Supply of Electricity
1.1. When buying electricity from the Company you acknowledge that the Company is an electricity re-seller and is therefore subject to government regulations and guidelines set by Ofgem, the electricity regulator.
https://www.ofgem.gov.uk/publications/resale-gas-and-electricity-guidance-resellers
We will follow Ofgem guidance in calculating charges. The charges applicable at any time and the method of calculation are set out in the user guide published on the scottishcanals.co.uk website.
You agree that you will use the electricity supply for normal domestic use only and will not use it for any kind of industrial or commercial purpose. You also agree not to sell the electricity on to any third party.
1.2.On a quarterly basis, the Company will test the electricity supply at each site in accordance with the legal requirements for supplying electricity. This means that you will experience a short power outage while this takes place. You will be notified of any such planned power outages via email only, unless you have made us aware of your need for postal notification and please note that it is your responsibility to remove or protect any electrical appliances during such electrical checks.
1.3.In the event that you experience unscheduled power outages or faults with your electricity supply, you agree to check that your electricity cables have been installed correctly, are being used correctly and your account sign-in details have been entered correctly before contacting the Company.
1.4.If you continue to experience problems with your electricity supply (after conducting checks in accordance with clause 1.3, above) you should report the problem to the Company via the ‘Report a Fault’ process. The Company will assess the problem and attempt to repair any faults or arrange for an exchange of parts. We reserve the right to charge you for any callout if the fault is found to be with your cables or equipment or resulting from incorrectly entered account details.
1.5.You agree to not tamper with the supply of electricity in any way.
1.6.Each time you use the electricity we supply, the credits that are registered on your account will be reduced according to the quantity of the usage. When your credit falls below the low balance threshold, the system will email you on X separate occasions advising you of low balance. When the credit is used, the electricity will be switched off until further credit is added.
2.Payment for Electricity via the Portal
2.1.You will pay for all electricity by means of pre-purchased credit. You can purchase credit by either accessing the payment section of the Portal, by credit or debit card payment over the phone, by cash or cheque payment in a Company office, or by any other method approved by the Company from time to time.
2.2.The minimum amount of credit which may be purchased at any time is £10.
2.3.the Company only accepts credit or debit card payments from the following types of card: Visa, MasterCard, Delta/Connect, or Switch.
3.Use of the Portal
3.1.You will be provided with a customer number and a PIN and how this will be provided is explained in the user guide.
3.2.Your customer number and PIN are unique to you and you must ensure for security reasons for your own protection that you take all reasonable steps to maintain this information as confidential and that you do not provide it to any third party.
3.3.To the extent permissible by law, you agree to accept all responsibility for all activity that occurs on your account.
3.4.You must inform us immediately if you have any reason to believe that your customer number and PIN have become known to any third party or if your account has been, or is likely to be use in a manner that is not authorised by you.
3.5.It is your responsibility to ensure that all details provided to us are accurate and complete and that such details are updated on a regular basis or as required.
3.6.the Company will not be liable for
3.6.1.any damage caused by communications you fail to receive as a result of missing or incorrect contact details; and/or
3.6.2.any misuse of your account should you share your details with a third party.
3.7.You agree not to use the Portal for otherwise than its intended use, and in particular you agree not to use the Portal:
3.7.1.in any way that causes, or is likely to cause, the Portal or any other website run by or connected to the Company or any access to any such website, to be interrupted, damaged or impaired in any way;
3.7.2.for fraudulent purposes;
3.7.3.in connection with a criminal offence or other unlawful activity; or
3.7.4.to cause annoyance, inconvenience or anxiety to any other person.
3.8.Occasionally we may have to temporarily suspend access to the Portal (or any part thereof) for technical, operational, or upgrade/improvement reasons, or in an emergency or for your security.
3.9.We reserve the right to refuse you access to the Portal or any other website run by or connected to the Company, and to terminate your account(s) if you are in breach of any relevant laws, these Terms and Conditions or any other applicable terms and conditions, guidelines or policies.
3.10.We will terminate your account on your request if you contact us in writing to report that your account details have been lost, stolen, damaged or destroyed.
3.11.If your account details are lost or stolen by reason of a security lapse on the part of the Company or its contractors or agents, we will refund to you the money equivalent of all credits left unused on your account.
3.12.Unless expressly stated otherwise the copyright, trademarks and other intellectual property rights in and relating to the Company and the Portal or any other website run by or connected to the Company.
3.13.the Company owned material on these websites including text and images, may not be printed, copied, reproduced, republished, downloaded, posted, displayed, modified, reused, broadcast or transmitted in any way without clear accreditation to the Company and the particular website and without complying with the Terms and Conditions of Use
3.14.We will use reasonable endeavours to maintain content but it may be incomplete, out of date or inaccurate and is provided on an “as is” basis. It is a condition of us allowing you access to the website that you accept that we will not be liable for any action you take in reliance on the content contained therein.
4.Links to Other Websites
4.1.At certain places on the Portal, hypertext links are provided to enable you to directly access other third-party websites. These third-party websites will contain material or information created, published and maintained by organisations independent of the Company and may offer goods or services for sale. the Company does not endorse, approve, certify or control these external sites, nor any product or service referred to on them and consequently does not guarantee the accuracy, completeness, efficacy, or timeliness of any material and information appearing on such websites or the quality of any goods or services for sale.
4.2.the Company assumes no responsibility for any consequences resulting from the use of any material and information displayed or posted on such third-party websites and expressly disclaims all liability for damage arising out of the use, reference to, or reliance upon such information. Your use of third-party websites and resources is at your own risk.
4.3.All purchases made through such third-party websites will be subject to the third party’s own conditions of sale and at no time is the Company acting in the capacity of either agent, partner or otherwise for such third parties.
5.Liability
5.1.To the maximum extent permitted by law, the Company is not liable for any loss or damage whatsoever which is suffered including, but not limited to:
5.1.1.compensatory loss or damage;
5.1.2.direct loss or damage;
5.1.3.indirect loss or damage;
5.1.4.special loss or damage;
5.1.5.consequential damages;
5.1.6.loss of data;
5.1.7.loss of income;
5.1.8.loss of profit;
5.1.9.loss of revenue;
5.1.10.loss of business;
5.1.11.loss of goodwill;
5.1.12.wasted management time;
5.1.13.loss of or damage to reputation or anticipated savings;
5.1.14.loss of or damage to property; and
5.1.15.claims of third parties,
howsoever caused (including by any breach of these Terms and Conditions, in connection with the use of the Portal, the sale of electricity, or any interruption in the supply of electricity by us).
5.2.Nothing in these Terms and Conditions limit the Company’s liability for death or personal injury resulting from our negligence or that of its directors, contractors, employees or agents, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which may not be lawfully excluded. Any statutory rights you may have as a consumer remain unaffected by these Terms and Conditions.
6.Privacy
The Privacy Policy forms part of these Terms and Conditions, and in accepting these Terms and Conditions you also accept the terms of the Privacy Policy and give your consent to our use of cookies and the way in which your personal data is handled, which will be in accordance with the Privacy Policy.
7.Changes to Terms and Conditions
We may from time to time review and revise these Terms and Conditions. Any changes to the Terms and Conditions will take effect from the date they appear on the Portal and it is up to you to regularly review the terms and conditions in case there are any changes. Continued use of the Portal after a change has been made is to be treated as acceptance of that change by you.
8.Third Parties
A person who is not a party to these Terms and Conditions shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms and Conditions.
9.Severability
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question will not be affected.
10.Entire Agreement
These Terms and Conditions (together with the Terms and Conditions of Use of scottishcanals.co.uk and the Terms and Conditions of our Privacy Policy) constitute the entire agreement between the parties regarding its subject matter and supersedes and replaces any and all prior agreements, understandings or arrangements between the parties, whether oral or in writing, with respect to the same.
11.Waiver
Omission by the Company to exercise any right under these terms and conditions will not constitute a waiver of such right unless expressly stated by the Company in writing.
12.Governing Law and Jurisdiction
These Terms and Conditions are governed by Scottish law and you submit to the exclusive jurisdiction of the Scottish courts.
January 2024
METER MACS SELF SERVICE PORTAL TERMS AND CONDITIONS
Last updated 13th of October 2022
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Meter Macs Limited, doing business as Meter Macs (“Meter Macs,” “we," “us," or “our”), concerning your access to and use of the https://portal.meter-macs.com/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in the United Kingdom and have our registered office at 820 The Crescent, Colchester Business Park, Colchester, Essex CO4 9YQ. Our VAT number is GB 107 4993 00. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use.
If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non- commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
USER REPRESENTATIONS
By using the Site, you agree and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete.
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary if that option is available to you.
(3) you have the legal capacity, and you agree to comply with these Terms of Use.
(4) you are not a minor in the jurisdiction in which you reside.
(5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
(6) you will not use the Site for any illegal or unauthorized purpose.
(7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse all current or future use of the Site (or any portion thereof).
USER REGISTRATION
You will be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:
•Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
•Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
•Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
•Use any information obtained from the Site in order to harass, abuse, or harm another person. Make improper use of our support services or submit false reports of abuse or misconduct.
•Use the Site in a manner inconsistent with any applicable laws or regulations. Engage in unauthorized framing of or linking to the Site.
•Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
•Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. Delete the copyright or other proprietary rights notice from any Content.
•Attempt to impersonate another user or person or use the username of another user.
•Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms”).
•Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
•Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
•Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
•Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
•Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
•Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
•Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise. Use the Site to advertise or offer to sell goods and services.
•Sell or otherwise transfer your profile.
USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination, or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
SITE MANAGEMENT
We reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms of Use.
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities.
(3) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site.
Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These conditions are governed by and interpreted following the laws of the United Kingdom, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. Meter Macs Limited and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Basildon, which means that you may make a claim to defend your consumer protection rights in regard to these Terms of Use in the United Kingdom, or in the EU country in which you reside.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the United Kingdom.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any
Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and © there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
(a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party.
(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use.
© any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER
The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content, or the content of any websites linked to the site, and we will assume no liability or responsibility for any:
(1) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site,
(2) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
(3) any interruption or cessation of transmission to or from the site,
(4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party,
(5) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, or otherwise made available via the site.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the one (1) month period prior to any cause of action arising. Certain UK laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) use of the Site.
(2) breach of these Terms of Use.
(3) any breach of your representations and warranties set forth in these Terms of Use.
(4) your violation of the rights of a third party, including but not limited to intellectual property rights.
(5) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:
Meter Macs Limited
Unit 1 Bentalls Business Park Basildon, Essex SS143BN
United Kingdom
Phone: 01268533615
support@meter-macs.com
METER MACS SELF SERVICE PORTAL TERMS AND CONDITIONSLast updated 13th of October 2022
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Meter Macs Limited, doing business as Meter Macs (“Meter Macs,” “we," “us," or “our”), concerning your access to and use of the https://gateway.meter-macs.com/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in the United Kingdom and have our
registered office at 820 The Crescent, Colchester Business Park, Colchester, Essex CO4 9YQ. Our VAT number is GB 107 4993 00. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use.
If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be
posted on the Site from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for
distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair
competition laws of the United Kingdom, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly
gained access solely for your personal, non- commercial use. We reserve all rights not expressly granted to you in and to the Site, the
Content, and the Marks.
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Meter Macs Limited
Unit 1 Bentalls
Business Park
Basildon, Essex
SS143BN
United Kingdom
Phone: 01268533615
support@meter-macs.com
See Terms and Conditions
See Terms and Conditions
See Terms and Conditions
SHEPPERTON MARINA – BARGE WORLD
High Leisure Usage: Terms & Conditions Of Berthing, Craning and Additional Marina Services inc. Mooring & Storage Licence
Date: 01 April 2024
Document Control
Approval
Name: Lisa Harris
Date: 01/04/2024
Confidentiality
This copyright of this document is owned by Shepperton Marina.
The information in this document is disclosed in confidence and such information may not be
disclosed to any third parties without Shepperton Marinas’ prior written consent, except to any
personnel and professional advisors for the purposes of obtaining advice in respect of this
document.
Shepperton Marina. Registered in England and Wales No. 1087117. Registered office: 21-27
Lamb’s Conduit Street, London, WC1N 3GS
Table of Contents
Summary and General Conditions ……………………………………………………………………….. 5
1. General Conditions ………………………………………………………………………………….. 6
2. The Licence …………………………………………………………………………………………….. 7
3. Rights Of Sale And Of Detention ………………………………………………………………. 7
4. Condition and Operation of Vessel …………………………………………………………… 8
5. Vessel Movements …………………………………………………………………………………… 8
6. Liability and Insurance …………………………………………………………………………….. 8
7. Commercial and Residential Use ………………………………………………………………. 9
8. Storage ……………………………………………………………………………………………………. 9
9. Parking ……………………………………………………………………………………………………. 9
10. Access To & Work On The Vessel …………………………………………………………… 10
11. Regulations ……………………………………………………………………………………………. 10
12. Termination By The Company ………………………………………………………………… 11
13. Termination By Owner ……………………………………………………………………………. 12
14. Address Details And Subsequent Change Of Details ……………………………….. 13
15. Data Protection ………………………………………………………………………………………. 13
16. Law & Jurisdiction …………………………………………………………………………………. 13
17. Dispute Resolution Scheme ……………………………………………………………………. 13
Special Conditions…………………………………………………………………………………………….. 14
1. Contractors ……………………………………………………………………………………………. 14
2. Contract and Terms and Conditions ……………………………………………………….. 14
3. Electricity ………………………………………………………………………………………………. 14
4. WI-FI ……………………………………………………………………………………………………… 15
5. Keys ……………………………………………………………………………………………………… 16
6. Length of Boat Calculation……………………………………………………………………… 16
7. Liability …………………………………………………………………………………………………. 17
8. Mooring Allocation …………………………………………………………………………………. 17
9. Environment Agency Licence …………………………………………………………………. 17
10. Payment ………………………………………………………………………………………………… 18
11. Renewal ………………………………………………………………………………………………… 18
12. Refunds …………………………………………………………………………………………………. 18
13. Safety Of Mooring ………………………………………………………………………………….. 18
14. Sale Of Boats …………………………………………………………………………………………. 18
15. Subletting………………………………………………………………………………………………. 19
16. Temporary Moorings ……………………………………………………………………………… 19
17. Craning, Hard Standing & Storage ………………………………………………………….. 19
18. Tenders/Small Craft ……………………………………………………………………………….. 20
19. Pets ………………………………………………………………………………………………………. 21
20. Trolleys …………………………………………………………………………………………………. 21
21. Vehicles In The Marina …………………………………………………………………………… 21
22. Fishing In The Marina …………………………………………………………………………….. 21
23. Behaviour………………………………………………………………………………………………. 21
24. Shepperton Marina Property and Facilities ……………………………………………… 22
Waterspace Living …………………………………………………………………………………………….. 23
1. Vessel Purchase and Mooring (Waterspace Living) …………………………………. 23
2. Date of Contract Start …………………………………………………………………………….. 23
3. Sale of Vessel ………………………………………………………………………………………… 23
4. Second Hand Vessel Purchase: ………………………………………………………………. 23
5. Allocation of Mooring …………………………………………………………………………….. 23
6. Transfer of Ownership: …………………………………………………………………………… 24
For Waterways Reference (To Be Removed From this document once contractual
agreement reached) …………………………………………………………………………………………… 24
Health & Safety And Environmental Policy …………………………………………………………. 25
Summary and General Conditions
The following terms and conditions are taken from the Yacht Harbour Association’s general
regulations and conditions of berthing.
They have been designed with the greatest care and with the sole aim of protecting in law the
proper rights of both the Company and the Licensee. The Licence also protects Licensees other
than the signatory holder, particularly in regard to the clauses relating to noise and nuisance where
the beauty, peace and tranquillity require special protective measures.
The document constitutes a Licence and under no circumstances does any form of Landlord and
Tenant relationship arise hereunder.
The Licensee also agrees to abide by the Special Conditions, which we consider are necessary to
cover the special situations that may arise in our Marina. Where these conditions are at variance,
the Special Conditions will apply.
1. General Conditions
1.1. Definitions
Where the following words appear in these Conditions, the Licence and the Regulations shall have
these meanings:
Berth means the space on water or land, within the Marina Premises allocated to the Vessel by the
Company from time to time during the duration of the Licence.
Company means the Company as identified in the Licence, including its Associated Companies
and any of its servants or agents.
Conditions means these standard terms and conditions.
Facility means the type of berthing, mooring and/or shore storage facility to be provided by the
Company to the Owner in relation to the Vessel as set out in the Licence.
Length Overall (LOA) means the overall length of the Vessel including any fore and aft
projections, temporary or permanent. Licence means the contract between the Company and the
Owner for the provision of the Facility, which incorporates these conditions.
Licence Fee means the fee payable by the Owner to the Company in consideration for the
Company providing the Facility, as specified in the Licence.
Marina means Yacht Harbour, Marina, Mooring or any other facility for launching, recovering,
mooring or berthing Vessels, which is owned and/or operated by the Company.
Marina Premises means the Marina and all the associated land and buildings occupied by or
under the control of the Company, including docks, locks, bridges, slipways, pontoons, jetties,
quays, piers, walkways mud-berths, sheds, lofts, workshops, hard standing, roadways and car
parks.
Owner means the person or organisation identified in the Licence.
Regulations mean those regulations (if any) made by the Company as the same may be amended
from time in accordance with Conditions 11, which the Company in its absolute discretion,
considers necessary to enable the Company or those using the Marina Premises to comply with
applicable legal requirements or for the safety or security or good management of the Marina
premises.
Vessel means the vessel identified in the Licence.
Storage Ashore Accommodation means the land space temporarily allocated to the Owner from
time to time by the Company for the storage ashore of the Vessel during the term of the Licence.
Pontoon means a moored and decked floating structure providing landing or mooring facilities.
2. The Licence
2.1. In Consideration for the Owner paying the Licence Fee, the Company agrees to provide to the
Owner the Facility in the Marina Premises in relation to the Vessel for the duration of the Licence.
2.2. The Licence will start on the Start Date and will end on the End Date specified in the Licence,
unless terminated sooner under the provisions of Conditions 12 or 13. The Licence will not be
automatically renewed after the End Date.
2.3. The physical layout of the Marina Premises and the operational requirements of the Company are
such that the Company must retain absolute discretion as to the utilisation of the space within the
Marina Premises. Nothing in the Licence or these Conditions entitles the Owner to the exclusive
use of any particular space within the Marina Premises. The benefit provided by the Company
pursuant to the Licence us accordingly merely a licence to occupy whichever Berth may be from
time to time allocated to the Vessel by the Company.
2.4. The Company is entitled to make use of the Berth whilst it is left vacant by the Owner.
2.5. The Licence is personal to the Owner and relates to the vessel described in the Licence. The
Owner may not transfer or assign the Licence to a third party. The Owner may not use the Berth for
a Vessel other than the Vessel, either temporarily or permanently, without the written consent of
the Company.
3. Rights Of Sale And Of Detention
3.1. The occupation of the Berth by the Vessel is subject to the provisions of the Torts (interference with
Goods) Act 1977. This Act confers on the Company a right of sale in circumstances where the
Owner fails to collect or accept re-delivery of the Vessel (and/or any other property left in the
Marina Premises) following termination of the Licence. Such sale will not take place until the
Company has given notice to the Owner in accordance with the Act. For the purpose of the Act it is
recorded that:
3.1.1. The Licence is granted to the Owner by the Company on the basis that the Owner is the Owner of
the vessel or the Owner’s authorised agent and that the Owner will take delivery or arrange
collection of the Vessel (and/or any other property left in the Marina Premises) following termination
of the Licence.
3.1.2. The Company’s obligation as custodian of the Vessel (and/or any other property left in the Marina
Premises) ends on its notice to the Owner of termination of that obligation:
3.1.3. The place for delivery and collection of the Vessel (and/or any other property left in the Marina
Premises) shall be at the Marina Premises unless agreed otherwise. Advice regarding the Act may
be obtained from the Citizens Advice Bureau, Law Centre or any firm of solicitors.
3.2. Maritime Law entitles the Company in certain other circumstances to bring an action against the
Vessel to recover a debt or damages. Such action may involve the arrest of the Vessel through the
Courts and its eventual sale by the Court. Sale of the Vessel may also occur through the ordinary
enforcement of a judgment debt against the Owner.
3.3. The Company reserves a general right (‘a general lien’) to move the Owner’s Vessel or other
property pending payment by the Owner of any sums due to the Company, if any sums are
outstanding for 3 weeks or longer.
3.4. The Company reserves a general right (‘a general lien’) to detain and hold on to the Owner’s
Vessel or other property pending payment by the Owner of any sums due to the Company. If the
Licence is terminated or expires while the Company is exercising this right of detention it shall be
entitled to charge the Owner at the Company’s 24-hour rate for overnight visitors for each day
between termination or expiry of the Licence and the actual date of payment (or provision of
security) by the Owner and removal of the Vessel from the Marina Premises. The Owner shall at
any time be entitled to remove the Vessel or other property upon providing proper security, for
example, a letter of guarantee from a Bank or a visa/mastercard deposit, sufficient to cover the
debt with interest and, where the debt is contested, a reasonable provision for the Company’s
prospective legal costs.
4. Condition and Operation of Vessel
4.1. The owner must always ensure that the Vessel is maintained in a clean and tidy state and in a
seaworthy or navigable condition (as appropriate).
4.2. The owner must ensure that, while underway within the Marina, the Vessel is manoeuvred and
navigated:
4.2.1. With reasonable skill and care;
4.2.2. In accordance with any applicable speed limits and any other applicable laws or regulations; and
4.2.3. In such a manner so as not to endanger or inconvenience any other vessels in the Marina.
4.3. The owner must ensure that, while moored within the Marina, the Vessel is appropriately secured
using a number of fenders and warps of sufficient size and strength and in such configuration as
may be appropriate to the Vessel, the mooring and the anticipated weather conditions. Unless
otherwise agreed by the Company, such fenders and warps shall be provided by the Owner.
5. Vessel Movements
5.1. The company reserves the right to move the Vessel and any other associated gear and equipment
at any time for reasons of safety, security or good management of the Marina Premises.
5.2. Where a specific date or tide range for launch of the Vessel has been agreed between the Owner
and the Company at the time of slipping or lifting out (or arrival by land), the Company’s published
scale of charges for vessel movements will apply. Where the Owner requests a different date or
tide range and the Company reserves the right to charge for the cost of moving other vessels to
gain access to the launch point and for any attendant expenses, such as crane hire. The Company
will provide the Owner with an estimate of such costs and charges prior to incurring them.
6. Liability and Insurance
6.1. The company will not be liable for any loss or damage whatsoever nature caused by events or
circumstances beyond its reasonable control (such as adverse weather conditions, the actions of
third parties or any defect in the Owner’s or any third party/property); this extends to loss or
damage to the Vessel, its gear, equipment or property whilst in the Marina Premises and to harm to
persons entering the Marina Premises and/or using any of the Company’s facilities or equipment
therein.
6.2. The company will take reasonable and proportionate steps (having regard to the nature and scale
of the Marina Premises and the Company’s business) to maintain security at the Marina Premises,
and to maintain the facilities and equipment at the Marina Premises in reasonable working order. In
the absence of any negligence or other breach of duty on the part of the Company, however the
Vessel, its gear, equipment and other property remain at the Owner’s own risk and the Owner
should ensure that their own personal and property insurance adequately covers such risk.
6.3. Where access for vessels to and from the Marina is via a lock gate, swing or lift bridge or other
restriction, the Company will not be liable for any loss or damage of whatsoever nature suffered by
the Owner as a result of the lock gate, swing or lift bridge or other restriction being inoperative,
except to the extent that such in-operation may be caused by any negligence or other breach of
duty on the part of the Company.
6.4. The Company will not be under any duty to salvage or preserve the Vessel or other property from
the consequences of any defect in the Vessel or property concerned unless the Company has
been expressly engaged to do so by the Owner on commercial terms. Similarly, the Company will
not be under any duty to salvage or preserve the Vessel or other property from the consequences
of an accident which has not been caused by negligence or other breach of duty on the part of the
Company. Nevertheless, the Company reserves the right to do so in any appropriate
circumstances, particularly where a risk is posed to the safety of people, property or the
environment. Where it does so, the Company will be entitled to charge the Owner on a normal
commercial charging basis and, where appropriate, to claim a salvage reward.
6.5. The Owner must and must ensure that any other person on board or accessing the Vessel while in
the Marina Premises (excluding the Company), does comply with all applicable laws when in the
Marina Premises.
6.6. The Owner must maintain adequate insurance in relation to the Vessel, including third party liability
cover for not less than £3,000,000 cover against wreck removal and salvage and, where
appropriate, Employer’s Liability cover to at least the statutory minimum. The Owner must produce
evidence to the Company of such insurance within seven days of being requested to do so.
7. Commercial and Residential Use
7.1. The Owners must not (and must not allow anyone else to) use the Vessel for any commercial or
residential purpose while in the Marina Premises without obtaining the Company’s prior written
consent, which may be withheld in the Company’s absolute discretion or granted on such terms as
the Company sees fit.
7.2. For the avoidance of doubt:
7.2.1. Use of the Vessel to provide overnight accommodation in exchange for payment or a reciprocal
arrangement is deemed to be commercial use; and
7.2.2. Stays on board the Vessel for in excess of an average of five nights per week over twelve-week
period; or
7.2.3. Uses the Company’s offices at the Marina Premises as their mailing address.
7.3. The Company reserves the right to request a copy of the Owner’s current council tax bill plus a
utility bill to verify the residency status of the Owner or Occupier, whenever required.
7.4. The Licensee shall not permit more than the number of persons that the boat was originally
designed to accommodate to use or occupy the boat for non-permanent residential purposes. For
this purpose, two children under the age of five shall count as one person.
8. Storage
8.1. The Owner must stow any dinghies, tenders or rafts aboard the Vessel unless the Company
allocates a separate facility for them.
9. Parking
9.1. Subject always to the availability of parking spaces, the Owner and their crew and guests may only
park vehicles in the Marina Premises in accordance with the directions of the Company. The
Owner must not (and must not allow anyone else to) use a vehicle parked in the Marina Premises
for any commercial purpose or for overnight accommodation.
9.2. Storage of vehicles on-site is not permitted. Vehicles should only parked within the marina basin if
you are on-site or if you have taken your boat out of the marina for a short trip/holiday.
9.3. All vehicles must display a valid car parking permit. These can be collected from the marina office.
9.4. Any vehicles that appear to have been left within the marina without written permission will be dealt
with accordingly. This includes but is not limited to fines, clamping and/or removal.
9.5. All vehicles parked on site must be lawful. This includes a valid MOT certificate (where
appropriate), tax and insurance.
10. Access To & Work On The Vessel
10.1. The owner must not (and must not allow anyone else to) undertake any work on the Vessel, its
gear, equipment or other goods while on the Marina Premises without the Company’s prior written
consent, other than minor running repairs or minor maintenance of a routine nature carried out by
the Owner, their regular crew or members of their family not causing any nuisance or annoyance to
any other users of the Marina Premises or any other premises or any person residing in the vicinity,
nor interfering with the Company’s schedule of work, nor involving access to prohibited areas. The
Company’s consent will not be unreasonably withheld.
10.2. Should, during the maintenance (including painting) of a vessel berthed within the marina, any
mess or damage be caused to the property (pontoons / walkways / fixtures & fittings and similar),
the Company will request this to be cleaned to the Marina’s satisfaction. Should any repairs be
required, the Marina will organise this and charge the Owner of the Vessel of which caused the
damage. Painting whilst berthed on a pontoon within the marina premises is at the discretion of the
Company and permission must be granted form the Marina Office prior to starting.
10.3. Where the Facility comprises or includes storage ashore, the Company may restrict the Owner’s
access to the Vessel and, where appropriate (having regard to the nature and scale of the Marina
Premises and the Company’s business), the Company may prohibit the Owners from accessing the
Vessel while it is stored ashore.
11. Regulations
11.1. The Owner must and must ensure that any other person on board or accessing the Vessel while in
the Marina premises (excluding the Company) does observe the Regulations published from time
to time by the Company, including Company’s Health, Safety and Environmental policies.
11.2. The Company will supply the Owner with a copy of the Regulations current at the time of granting
the Licence. The Company reserves the right to introduce new Regulations where required on legal
grounds or for the safety or security or good management of the Marina Premises, and to amend
such Regulations as from time to time may be necessary. Such Regulations and any amendments
to them will become effective on being displayed on the Company’s public notice board or other
prominent place at the Marina Premises, and a breach of any of the Regulations will amount to a
breach of these Conditions.
11.3. The Owner must and must ensure that any other person on board or accessing the Vessel while in
the Marina Premises (excluding the Company) does report to the Company all accidents involving
injury to any person or damage to any public or private property that occur in the Marina Premises
as soon as reasonably possible after they occur.
11.4. The Owner must, and must ensure that any other person on board or accessing the Vessel while in
the Marina Premises (excluding the Company) does not operate any noisy, noxious or
objectionable engines, radio, or other apparatus or machinery within the Marina Premises so as to
cause any nuisance or annoyance to any other users of the Marina Premises or to any person
residing in the vicinity. Halyards and other rigging shall be secured so as not to cause such
nuisance or annoyance.
11.5. The Owner must and must ensure that any other person on board or accessing the Vessel while in
the Marina Premises (excluding the Company) does not throw any refuse overboard or dispose of it
anywhere in the Marina Premises, other than in the receptacles provided by the Company or by
removal from the Marina Premises.
11.6. The Owner must provide and maintain at least one fire extinguisher, which is approved and
manufactured to EN3 standards for portable fire extinguishers, and ensure it is fit for purpose for
the Vessel and ready for immediate use in case of fire.
12. Termination By The Company
12.1. The Company has the right (without prejudice to any other rights in respect of breaches of the
terms of the Licence by the Owner) to terminate the Licence in the following manner in the event of
any breach by the Owner of any term of the Licence or these Conditions:
12.1.1. Having regard to the nature and seriousness of the breach and the risk it poses for the financial or
other security of the Company and/or of the Company’s customers and if the breach is capable of
remedy, the Company may serve notice on the Owner specifying the breach and requiring them to
remedy the breach within a reasonable time specified by the Company. Where the breach is
serious or poses an immediate risk or threat to the health, safety or welfare of any other person or
property the time specified for remedy may be immediate or extremely short.
12.1.2. If having been served notice under Condition 12.2.1 the Owner fails to affect a remedy within the
specified period of time, or if the breach is not capable of remedy, the Company may serve notice
on the Owner requiring them to remove the Vessel from the Marina Premises immediately.
12.2. If the Owner fails to remove the Vessel on termination of the Licence (whether under Condition
12.1 or otherwise), the Company will be entitled:
12.2.1. to charge the Owner at the Company’s 24-hour rate for overnight visitors for each day between
termination of the Licence and the actual date of removal of the Vessel from the Marina Premises
and/or
12.2.2. at the Owner’s risk (save in respect of loss or damage directly caused by the Company’s
negligence or other breach of duty during such removal) to remove the Vessel from the Marina
Premises and thereupon secure it elsewhere and charge the Owner with all costs reasonably
arising out of such removal including alternative berthing fees.
12.3. Any notice of termination served by the Company under this Condition may be served personally
on the Owner, sent registered post or recorded delivery service to the Owner ‘s last known address
or sent to the email address (if any) set out in the Licence.
12.4. The Licence will terminate immediately and without notice on the death of the Owner. If the
Owner’s representatives do not either enter into a new licence with the Company or remove the
Vessel from the Marina Premises, then Condition 12.2 will apply as if references to the “Owner”
were references to the “Owner’s representatives”.
12.5. The Licence will terminate immediately and without notice on the disposal of the Vessel by the
Owner.
13. Termination By Owner
13.1. An Annual Licence may be terminated on 16 weeks’ written notice by the Owner to the Company.
A six-month Licence may be terminated on 8 weeks’ written notice by the Owner to the company.
Following such notice, the Company shall prepare an account of:
13.1.1. All sums owed by the Owner in respect of services or facilities used up to the intended date of
departure of the Vessel, and the charge that would have been payable by the Owner to the
Company in respect of this Licence if the original term of this Licence had ended on the date of
expiry of the Notice of Termination., less
13.1.2. The sum actually paid by the Owner to the Company in respect of this Licence. Where the balance
is in favour of the Company, the Owner shall be required to pay the balance before removal of the
Vessel from the Harbour or Premises and where the balance is in favour of the Owner, the
Company shall pay it to the Owner upon departure of the Vessel from the Harbour or Premises.
13.2. Mooring contracts for periods of less than six-months are non-refundable.
14. Address Details And Subsequent Change Of Details
14.1. The Owner must supply to the Company details of the Owner’s home address. This address must
be a different address to the address of the Marina Premises. The Owner must produce evidence
to the Company of such home address within 7 days of a request to do so.
14.2. The Owner must notify the Company in writing (which includes by email) of any change of name of
the Vessel or change of address or telephone number of the Owner, within 7 days of such change
taking place.
15. Data Protection
15.1. The Company is a data controller for the purposes of the EU General Data Protection Regulation
and the UK Data Protection Act 2018. A copy of the Company’s Privacy Policy is available from the
Company on request.
16. Law & Jurisdiction
16.1. The Licence, these Conditions and any non-contractual obligations arising out of, or in connection
with, the Licence shall be governed by and construed in accordance with English Law.
16.2. Each of the parties irrevocably agrees that any and every dispute (and any non-contractual
obligations, as aforesaid) arising out of or in connection with the Licence shall:
16.2.1. If one party acts as consumer (meaning a natural person acting for purposes outside of a trade,
business or profession), be subject to the non-exclusive jurisdiction of the English courts; or
16.2.2. Where no party acts as consumer, be subject to the exclusive jurisdiction of the English Courts
17. Dispute Resolution Scheme
17.1. The Yacht Harbour Association recommends that, before commencing court proceedings, the
parties to a dispute arising out of or in connection with the Licence should endeavour to resolve
their dispute by negotiation or, failing that, by mediation.
Special Conditions
1. Contractors
The Licensee shall not permit any outside surveyor, broker, agent, contractor, tradesman or
workman to enter the premises or moorings of the Company for any purposes whatsoever without
obtaining the prior written consent of the Company. If such consent is granted such surveyor,
broker, agent, contractor, tradesman or workman must report to the Marina Office for registration
and with proof of public liability insurance to the value of £5,000,000, professional indemnity
insurance and their Company Health and Safety policy prior to any work being carried out. The
Contractor must, without exception, sign in to the Marina Office each day and immediately upon
their arrival to the Marina premises and pay the £10 daily fee until the work has been completed.
2. Contract and Terms and Conditions
a. All moorings and sites are contracted subject to the Terms and Conditions above
accompanying the contract and these special conditions.
b. Any amendments to the Special Conditions shall become effective on being displayed at the
Company’s offices.
c. Contracts commence on the agreed start date and run for a period of 12 or six months
(unless otherwise agreed with the Company). As the name implies, the contract is a legal
and binding document for the period.
d. Licensees are advised to carefully read the Terms and Conditions and Special Conditions
herein prior to signing their contract. All conditions are available from the Marina Office upon
request.
e. Disorder, depredation or indecorous conduct by a Licensee or his guest or visitors shall be
cause for cancellation of the Licence.
f. No private or trade advertising (signs, notices etc.) is permitted on the Marina premises
unless with previous written consent of the Company, which may be withheld at its sole
discretion. No Owner will be permitted to display a ‘For Sale’ notice on any vessel.
g. The Owner agrees and acknowledges that from time to time the Company may be required
to give the owner’s details to certain statuary third parties (such as, but not restricted to
navigation authorities) however the Company undertakes not to give the Owner’s details out
to any other third party (except where obliged by law to do so).
h. The Owner agrees that the Company may from time to time send the Owner newsletters and
/ or mailings relating to the normal business of the Marina or its tenants (such purpose
restricted to matters concerning the Owners Vessel or normal Marina business).
i. The Company will not be liable for delays or failures to perform its duties under this
agreement if these are the consequence of causes or circumstances beyond its reasonable
control (including but not limited to acts of God, war, riot, civil disturbance, terrorism, acts of
government, strikes, fire, flood, power failure or communications failure).
3. Electricity
a. No guarantee is given by the Company for the continuous supply of electricity and other
services within the Marina Premises. The Owner is responsible for the consequences of a
discontinued electricity supply and shall take all necessary precautions assuming that a
continuous supply of electricity is not maintained. Mains electricity is only available to boats
with a properly equipped and protected ring-main installation. The Owner shall observe all
statutory and local regulations relative to electricity in or upon their vessel.
b. The Owner shall not leave any electric fan or incandescent heater in operation aboard the
vessel while the vessel is unoccupied.
c. The Company reserves the right to disconnect or discontinue the shore supply to the Owners
vessel in the case of overloading, persistent earth tripping, or for fault finding purposes.
d. The Company reserves the right to charge to the Owner the costs of any repairs or
replacements to the Marina electrical system necessitated to any damage caused by the
Owner or their vessel whether accidental or otherwise.
e. The Owner undertakes to pay the Company for all electricity consumed at the Company’s
premises whether supplied by meter, metered lead, pre-payment card or flat-rate charge at
the price published from time to time by the Company and displayed at the marina office.
This charge may alter without notice as supply costs alter. Charges for electricity supplied
will include standing charges, monthly demand charge, capacity charge, climate change
levy, repair and renewal costs, NICEIC certification costs, maintenance costs, and
administration costs. Electricity is supplied in accordance with OFGEM regulations.
f. The Company reserves the right to disconnect the Owner’s vessel should any account for
the supply of electricity remain unpaid after 28 days or in the event that the Owner does not
comply with the terms of conditions (66) to (70) above.
g. A charge will be incurred to the Owner for a replacement electricity card, currently £5.
h. A limited electricity supply is available on the hard standing for the use of power tools only.
4. WI-FI
a. Shepperton Marina Wi-Fi Internet connectivity is available to Shepperton Marina Berth-
Holders who hold a current mooring contract within Shepperton Marina and is subject to the
Terms and Conditions upon activation.
4.1 Extent of the Service
a. Shepperton Marina has no responsibility for, or control over, the internet Services you
access and do not guarantee that any services are error or virus free.
b. We have no responsibility or control over, the information you transmit or receive via the
service.
c. We do not guarantee the availability of the Service or the speed at which information may be
transmitted or received via the Service or that the Service will be compatible with your
equipment or any software which you choose to use.
d. Shepperton Marina does not guarantee the security of the information which you may
transmit or receive using the Service or located on any equipment utilising the Service and
you accept that it is your responsibility to protect your information and have adequate
security (in terms of equipment and procedures) to ensure the security, integrity and
confidentiality of your information and data.
e. Shepperton Marina reserves the right at all times to withdraw the Service, change the
specifications or manner of use of the Service, to change access codes, usernames,
passwords or other security information necessary to the Service.
4.2 Your use of the Service
a. You must not use the Service to; access Internet Services or send or receive emails which
are defamatory, threatening, intimidatory or which could be classed as harassment. Contain
obscene, profane or abusive language or material. Contain pornographic material (that is
text, pictures, films, video clips of a sexually explicit or arousing nature). Contain offensive or
derogatory images regarding sex, race, religion, colour, origin, age, physical or mental
disability, medical condition or sexual orientation. In our reasonable opinion, may adversely
affect the manner in which we carry out or business or are otherwise unlawful or
inappropriate.
b. We recommend that you do not use this Service to transmit or receive any confidential
information or data and should you choose to do so, you do so at your own risk.
c. The Service is intended for consumer use only. In the event that you use the Service for
commercial purposes, we would specifically refer you to clause 4.4 below.
d. We may terminate or temporarily suspend the Service if we reasonably believe that you are
in breach of any provisions of this agreement including but not limited to any clause that
forms this agreement.
4.3 Criminal activity
a. You must not use the Service to engage in any activity which constitutes or is capable of
constituting a criminal offence, either in the United Kingdom or in any state throughout the
world.
b. You agree and acknowledge that we may be required to provide assistance and information
to law enforcement, governmental agencies and other authorities. You further agree we are
entitled to co-operate with law enforcement authorities and rights-holders in the investigation
of any suspected or alleged illegal activity by you which may include, but is not limited to,
disclosure of such information as we have and are entitled to provide by law, to law
enforcement authorities or rights-holders.
4.4 Other Terms
a. You agree to compensate the Marina fully for any claims or legal action made or threatened
against us by someone else because you have used the service in breach of these Terms
and Conditions outlined above.
b. Whilst we do not seek to limit our responsibility for fraudulent mis-representation or if you are
injured or die as a result of our negligence we have no responsibility (to the extent permitted
by law) to compensate you (whether or not we are negligent) for any direct financial loss,
loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use,
business, wasted expenditure, business interruption, loss arising from disclosure of
confidential information, loss arising from or in connection with use of the service or inability
to use or access the Service or a failure, suspension or withdrawal of all or part of the
Service at any time or damage to physical property or for any other similar direct loss that
may arise in relation to this agreement whether or not we were advised in advance of the
possibility of such loss or damage.
5. Keys
The Licensee shall deposit with the company a set of keys relating to the Vessel under Licence.
6. Length of Boat Calculation
For record and accounting purposes:
a. All craft with outboard engines, outdrives/sterndrives or bathing platforms will have a
minimum of 0.75 metre added to the hull length.
b. All craft with davits on the transom will have a minimum of 1.50 metres added to the overall
length of the boat, irrespective of carrying a tender.
c. The calculated length of the boat is the length of the hull overall from the foremost to the
aftermost extremity plus the addition of notes a) or b) above, whichever is the greater where
applicable.
d. 1 metre shall be calculated at 3.28 feet.
e. All measurements will be rounded up to the nearest 0.25 metre.
f. The Company reserves the right at any time during the period of this agreement to measure
the Owner’s vessel and to charge additional berthing fees should the length overall exceed
that stated in this agreement. The overall length of the vessel will be calculated over all
accessories and fixings, for example; outboard engines, sterndrive units, bathing platforms,
pulpits and davits.
7. Liability
a. Any damage to any part of the grounds, fixtures or fittings of Shepperton Marina caused by
the Licensee, their invitee or pets shall be the responsibility of the Licensee and made good
to the satisfaction of the Company or reasonable compensation shall be paid for any
damage.
b. The Licensee shall ensure that no pollution of any nature emanates from the Vessel and only
the Elsan disposal points provided shall be used for the emptying of portable toilets and
these shall be used for this purpose only. Where pollution occurs, the Licensee will be
responsible for the costs of all remedial and decontamination work.
c. All Licensees are reminded that they should maintain adequate Third-Party insurance with a
minimum sum of £2,000,000 required for the duration of this Licence. Shepperton Marina
will require to see a copy of the insurance at the time of renewing your contract.
d. The Licensee is responsible for maintaining the appearance and condition of their boat in a
condition acceptable to the Company.
e. If in the Company’s opinion such be necessary for the safety of the vessel or for the safety of
other users of the marina or premises or for their vessels or for the safety of the Company’s
marina, premises, plant or equipment, the company shall have the right to moor, re-berth,
move, board, enter or carry out any emergency work on the vessel and except to the extent
that such moorings, re-berthing, movement, boarding, entering or emergency work arises
from the negligence of the Company or those for whom the Company is responsible, the
Company’s reasonable charges therefore shall be paid by the Owner.
f. If in the Company’s opinion, the condition of the vessel has been left to deteriorate to such
an extent that it is detracting from the enjoyment of other berth-holders or poses a threat to
safety or navigation within the Marina, the owner shall be asked to clean and or maintain the
vessel and if such cleaning or maintenance is not carried out then the company reserves the
right to carry out or to instruct to have carried out such cleaning. Maintenance and/or lifting
ashore or such will be at the Owners expense.
g. The Owner shall maintain the vessel’s engines and machinery in a good working condition at
all times.
h. The Owner shall not leave any electric fan or incandescent heater in operation aboard the
vessel while the vessel is unoccupied.
i. Children must be supervised and accompanied by an adult at all times.
j. Swimming, diving and fishing within the marina is strictly prohibited.
k. The hardware of the Marina Premises is not to be interfered with in any way.
8. Mooring Allocation
a. In all cases the allocation of moorings shall be at the sole discretion of the Company
although the Company will use reasonable endeavours to accede to a request for a
particular mooring.
b. The amount of space allocated for a mooring to each Licensee shall be determined by the
Company in accordance with their normal practice and the decision of the Company shall be
final.
c. Vessel shall be berthed or moored by the Owner in such a manner and position as the
Company may require and adequate warps and fenders shall be provided and fitted by the
Owner.
9. Environment Agency Licence
All boat owners are reminded that any Vessel on the Thames including those moored within
Shepperton Marina must be licensed with the Environment Agency. A Licence application form
may be obtained from the Marina Office.
10. Payment
a. Payment of mooring fees is to be made two weeks in advance by a single payment either by
cash (via bank paying-in slip), cheque, credit or debit card or bank transfer.
b. Payment of mooring Licence fees must be made prior to moving a boat onto a mooring.
11. Renewal
a. Where the term of this Licence is six months or more:
I. Your contract for mooring services will end on the date set out in the order (“Minimum Term”).
We will notify you before the end of the Minimum Term to let you know the Mooring Services
we provide to you will be ending soon. If however your vessel continues to be on the Berth
after the Minimum Term this will be taken as confirmation that you wish for us to continue to
provide the Mooring Services for an additional Minimum Term and we shall invoice for the
mooring services to be provided to you during the additional term and you shall pay the invoice
in accordance with clause 10. These terms will continue to apply to the provision of the Mooring
Services if you choose to Berth your vessel during any Additional Term.
II. The Owner shall notify the Company within 30 days after the date of such notice if he wishes
to enter into a new berthing Licence stating the desired period thereof and the Vessel for which
the berthing Licence is sought, and the Company shall use its reasonable endeavours to
accommodate the Owner in this regard.
III. If the Company does not receive notice pursuant to condition ii) from the Owner, the Company
gives no assurance that a berth will be available to the Owner.
12. Refunds
a. Moorings are let for the period specified in the Moorings Licence and Invoice.
b. Mooring fees cannot be refunded, or credit given for non-use of berths.
c. Contracts are not transferable.
13. Safety Of Mooring
Any warps, fenders or other mooring devices which in the opinion of the Company prejudice the
safety of the Vessel in or upon the Marina may be replaced by the Company and charged to the
account of the Licensee.
a. No items of boats, gear, fittings or equipment, supplies, stores or alike shall be left upon the
pontoons, jetty’s, bankside or car parks. No item of any description (for example but not
limited to aerials, antennae, fenders, cleats, statues etc.) shall be fixed to the pontoon, jetty’s
or bankside by the Owner. Such items are liable to immediate removal and disposal by the
Company at the Owners expense.
b. The Owner may not use any part of the Company’s premises for the purpose of lighting
BBQs with the exception where available of specific BBQ areas designated at the
Company’s discretion. BBQs must not be lit on pontoons or aboard vessels.
c. No guarantee is given by the Company as to water levels within the Company’s marina and
the Owner is responsible for any consequence of fluctuating water levels. The navigation
authority’s policy is to maintain water within a stated range except in flood or low flow
conditions when water levels may exceed the stated range.
14. Sale Of Boats
The Licensee shall, in the event of a private sale of this boat, declare to the Company the gross
sale price and remit to the Company upon demand access commission calculated at 1% of the
gross sale price plus VAT upon completion.
15. Subletting
The subletting of moorings and boats is strictly prohibited. Additionally, in the interest of security,
no boat may be used at any time by any person other than the Licensee or his immediate family
except by prior arrangement with the Company.
16. Temporary Moorings
a. Six-month moorings are offered at the annual rate published herein plus a charge of
approximately 10%.
b. Temporary moorings over 3 weeks’ duration but less than six-months, are offered at the
monthly mooring rate.
c. Temporary moorers may be asked to move should their berth be required by a permanent
moorer.
17. Craning, Hard Standing & Storage
a. A minimum charge of 7.75m applies to all craning services. A maximum length of 16m
applies to all vessel requiring storage ashore. A maximum weight limit of 22 tonnes applies
to all craning services.
b. Delays which necessitate lifting outside normal working hours will be charged at £130 per
hour.
c. Shepperton Marina do not operate lifting services at weekends or bank holidays except by
prior arrangement. Weekend lifts attract a surcharge of 75% over the standard rate.
d. Shepperton Marina cannot guarantee your required lifting date, especially when booking at
short notice. We are unable to specify exact lifting times for any booking. Shepperton Marina
will try to accommodate or lifting requirements however bookings are subject to change by
the Company for reasons outside of their control.
e. If 7 days’ notice of cancellation is given: 100% of fees will be refunded. If more than 48hrs
notice but less than7 days’ notice is given: 50% of fees will be refunded. Less than 48hrs
notice is given: No refund is payable.
f. Crane bookings are not confirmed until payment has been received in full.
g. The CP7 Weekend Package includes a lift-out no later than 3.30pm on Friday afternoon and
re-launch no later than 9am on the following Monday morning. If the vessel is not ready to be
re-launched by 9am on Monday morning, then the package will convert to a CP1 Package
and the difference in price will be chargeable in addition to Hardstanding fees. These
additional charges will be at the rates applicable in the current published tariff.
h. Shepperton Marina cannot be held responsible for any personal effects or equipment left on
board any vessel during craning operations and storage. Shepperton Marina advises you
remove all valuables and portable equipment prior to craning. Please ensure all fragile items
are securely stowed. Shepperton Marina cannot be held responsible for any breakages.
i. Shepperton Marina cannot accept liability for any damage caused when handling craft or
when stored / moored on the Company Premises, except where it can be demonstrated that
the Company has been negligent.
j. You are responsible for making the crane driver aware of any specific lifting or chocking
requirements prior to the lift. Vessels stored ashore on chocks or cradles may only be moved
by the Company or have such chocks, block, cradles or other supports moved or adjusted by
the Company.
k. All pressure washing must be carried out by marina staff in the designated crane / washdown
area. Pressure washers are not permitted to be used on the hard standing under any
circumstances.
l. Shepperton Marina reserves the right to refuse to lift any vessel they feel would be unsafe or
not suitable for the crane, hard standing or marina based on (but not limited to) dimensions,
constructions material(s) or conditions of the vessel.
m. Shepperton Marina do not lift wooden vessels.
n. All vessels must have suitable insurance to cover the craning and storage ashore of the
vessel.
o. Ladders to climb aboard the vessel whilst ashore must be provided by yourself. The top of
ladders should be secured to the vessel when climbing.
p. No items must be thrown from the vessel, even in the instance where waste receptacles are
below.
q. No work that will cause noise should take place between the hours of 8pm and 8am.
r. Under no circumstances are persons allowed to sleep on board vessels whilst they are
stored ashore.
s. All gas and fuel tank work should be undertaken by professionals. If you engage an outside
contractor, they must report to the marina office to register and provide the appropriate
insurance documents. A contractor’s fee is applicable.
t. Children are not permitted to play on the hard standing. All children must be supervised at all
times. Dogs must be kept on a lead at all times and should not cause a distraction, nuisance
to other customers.
u. Vehicles are not permitted to be driven or parked on the hard standing. The owner must use
the car park provided. Trolleys are available for transporting tools etc. All vehicles must
display a Shepperton Marina car parking sticker which are available from the Marina Office.
v. All rubbish must be removed from site to be disposed off and must never be left under the
vessel as this will obstruct any movement of you boat and create a fire / health & safety risk.
w. Shepperton Marina will not launch any vessel to water until the area of hard standing
surrounding the vessel has been left clean and tidy and all waste has been removed from
site.
x. Shot/slurry blasting must not be carried out by boat owners or any contractors without first
gaining the written consent from the marina office.
y. Spraying/painting of vessels must not be carried out by boat owners or any contractors
without first organising for the vessel to be transferred to the Shot Blasting bay along with the
appropriate covers. Transfer to the bay must be pre-booked and paid for in advance by the
owner.
z. Vessels are permitted to remain ashore for a maximum of three months. Any vessels that
remain ashore after this period will incur a 50% surcharge of the hard-standing fee.
aa. The Owner shall ensure that the vessel is prepared and ready for launch and shall further
ensure that the vessel is checked for integrity and safety as soon as it is put afloat.
bb. Vessels stored ashore will be launched or put afloat in such sequence as to avoid moving
other vessels for this purpose and also so as to make the most economical use of the
facilities at the Company’s disposal at the Owners request, the Company will, if possible,
launch his vessel but the cost of moving other vessels for this purpose and / or any attendant
expenses must be paid for by the owner. The basis of such charges is available to the owner
on request.
cc. The moving of blocks or stands is strictly prohibited. Should you require any alteration to be
made to these items, you must speak with the marina office who can discuss your
requirements with the staff trained to carry out this task.
18. Tenders/Small Craft
a. Tenders to all craft subject to a valid Shepperton Marina mooring Licence are to be kept on
davits (where fitted) or aboard the parent craft. They may not be left in the water, adjacent to
the parent craft, on the bank or on the pontoons.
b. The Company asks that; except for access, all dinghy and small craft owners avoid the
Marina Basin, which can be extremely dangerous when large craft are manoeuvring.
SML – Terms and Conditions 21
Author: Lisa Harris Confidential Uncontrolled when printed
Page 21
19. Pets
a. Dogs must be kept on a lead at all times and under the strictest control in order not to cause
nuisance to others or to cause damage to the Marina Premises. For reasons of hygiene,
dog owners must clean up after their dogs.
b. Cats are strictly prohibited on the Marina or onboard a vessel berthed within the Marina.
20. Trolleys
a. Trolleys are provided for short-term use only and are to be returned to a trolley bay
immediately after use.
b. At no time are trolleys to be removed from the Marina Premises.
c. Trolleys must not be overloaded and are to be returned clean.
d. Children and adults are not permitted to ride in the trolley.
21. Vehicles In The Marina
a. STICKERS. All cars must display an identification sticker provided free of charge from the
Marina Office.
b. CAR PARKS. There are car parking areas adjacent to Basin A and Basin B. Licensees are
asked not to park on the access road to Basin B, on the quayside or on the grass verge.
c. SPEED LIMIT. For every good reason including the safety of Licensees, the Marina speed
limit is 5 mph.
d. LEARNER DRIVERS. No one may have charge of a motorised vehicle on the Company’s
premises unless they hold a current driving licence and are fully insured. Driving tuition is
not permitted on the Company’s premises.
e. MAINTENANCE. No maintenance work or cleaning shall be carried out to any motor vehicle
whilst on the Company’s premises except for emergency repairs with the express permission
of the Company.
f. MOTOR CYCLISTS. When driving on the Company’s premises, motorcyclists should wear
full headgear and keep within the speed limit. Motorcycles may only be used for access to
and access from the Marina.
g. All vehicles on the Company’s premises must be fully taxed and insured.
h. The Owner shall not park or store any motor vehicle on or at the Company’s premises other
than during periods when the Owner is aboard their vessel. No motor vehicles shall be
parked or stored on or at the Company’s premises for any period in excess of fourteen days
unless the Owner is away from the Marina cruising aboard the vessel. Vehicles that are
deemed by the marina to be left for a long period of time (in excess of fourteen days) without
the prior written consent of the marina will be subject to a £25 daily fee from the first date the
car was left.
22. Fishing In The Marina
Fishing in the marina is prohibited.
23. Behaviour
a. Owner’s and their guests must act with respect and consideration for all other persons
including but not limited to Marina staff, fellow berth holders, visitors and tenants.
b. Owner’s and their guests must act lawfully at all times.
c. Behaviour that is considered unacceptable includes (but is not limited to):
Violent, threatening, or aggressive behaviour.
Physical or verbal abuse (including discriminatory language).
Any acceptance, possession, use, or distribution of any type of Class A, B and C drugs,
narcotics, and/or any other controlled substances, by any party on the vessel or within
the Marina.
The excessive consumption of alcohol that poses a risk to yourself or others.
Harassment of others (whether verbally or in writing) and including social media
platforms.
Failure to follow the directions of Shepperton Marina staff.
24. Shepperton Marina Property and Facilities
a. Shepperton Marina facilities must be used in the appropriate manner for which they are
provided and with consideration for others.
b. All property belonging to Shepperton Marina must be treated with respect, carefully and must
not be unreasonably interfered with or damaged.
Waterspace Living
These Terms and Conditions relate directly to vessels purchased through Waterspace Living and
are subject to change without prior notice.
Compliance is mandatory and failure to meet with any of the requirements either prior to, on or after
completion of purchase may result in termination of mooring and/or penalties.
1. Vessel Purchase and Mooring (Waterspace Living)
a. The Purchaser refers to the person/persons whose offer is accepted in relation to the purchase
of the vessel. The Purchaser and any named co-owners directly enter into a mooring
agreement with Shepperton Marina. Purchasers must:
a. Meet the criteria set out within the ‘high-use’ leisure mooring (Section 7.2.2)
b. Provide:
i. a current year council tax bill in the purchaser’s name
ii. a utility bill dated within the past three months (from offer acceptance date, in the
purchaser’s name
c. Provide proof of insurance on the date of completion of sale
d. Provide a copy of the river licence on the date of completion of sale
e. Adhere to Shepperton Marina Terms and Conditions to obtain/retain mooring rights at
Barge World.
2. Date of Contract Start
a. Waterspace Living will provide a process of anticipated sale timescales per vessel once the
offer is accepted and the sale process has commenced to Shepperton Marina. In addition, a
completion date will be provided in writing at least one week prior to the final completion
date/projected start of mooring contract.
3. Sale of Vessel
a. The Purchaser agrees that the re-sale of the vessel must be facilitated exclusively through Boat
Showrooms whilst moored within Barge World and Shepperton Marina.
b. Private sale and engagement of a third-party broker is strictly prohibited.
c. Commission rates, applicable to the sale price of the vessel and the transfer of mooring, are
charged at the published Boat Showrooms rate at the time of sale. Commission rates are
available upon request.
4. Second Hand Vessel Purchase:
a. The Purchaser of the vessel (classed as second-hand ownership) must agree during purchase
and prior to completion, to comply with these Terms and Conditions.
b. Failure to meet these Terms and Conditions will result in the denial of mooring retention for the
vessel. While the purchase of the vessel may proceed, the vessel will be required to vacate the
marina upon handover.
c. Requirements include furnishing all documentation, as referred to in Section 1 of Waterspace
Living.
5. Allocation of Mooring
Allocation of moorings remains the responsibility of Shepperton Marina Ltd, Barge World, who
retains the right to change a mooring/berth position/allocation to meet the requirements of the
Company. Any new mooring allocation will remain in Barge World, and not elsewhere within
Shepperton Marina.
6. Transfer of Ownership:
a. Shepperton Marina will permit the transfer of mooring (second-hand ownership) upon resale of
a Waterspace Living vessel, whilst in contract. If the purchaser decides to sell the Waterspace
Living vessel, they agree to do so exclusively though Boat Showrooms.
b. Completion of sale will be used as the official completion date. The date relates to final monies
being transferred and cleared allowing for a clearing period of no more than 24 hours.
c. The remaining mooring period will be transferred to the new owner of the vessel, contingent
upon meeting the criteria for Barge World and complying with the Terms and Conditions of
Berthing, in particular Section 1 of Waterspace Living.
d. A commission fee will be applied to this transfer, which will be deducted at the time of the boat
sale.
For Waterways Reference (To Be Removed From this document once contractual agreement reached)
a. A (£1000 per vessel/mooring) non-refundable deposit will be required to secure each of the five
moorings.
b. Introductory Period: Shepperton Marina agrees to provide Waterways Living with the first
three (3) months of services free of charge, commencing from 01 April 2024.
c. The Introductory Period will conclude after three calendar months.
d. Transition Period: Shepperton Marina agrees to provide Waterways Living with a second three
(3) month period of agreed charges, otherwise known as months 4, 5 and 6 of occupancy. The
mooring fee for this period will be charged at 50% of the total annual mooring fee for all unsold
vessels.
e. For any vessel that is within the sales process on commencement of the Transition Period, a
pro-rated rate will be calculated rather than the full 3-month rate. The rate will cover the start of
the Transition Period to the date of completion/transfer.
f. Any vessel purchase/sale that completes within the Transition Period will have a pro-rated
refund of Transition Period fee from completion of sale to start of The Purchasers mooring
contract, payable directly to Waterways Living and non-transferable to the Purchasers or other
named party.
g. The Transition Period will conclude after six calendar months from the date of commencement
(01 April 2024).
Note:
If, during any stage of the Introductory and/or Transition period, Barge World moorings are fully
reserved/sold leaving only Waterways Introductory and/or Transition period moorings available, the full
mooring charge will be due from the 1st of the next month. For instance, if this happened on the 15th of May,
the full paying contract would begin from the 01 June.
Health & Safety And Environmental Policy
1. Shepperton Marina makes every effort to keep the marina and the grounds safe, but it is very important
that moorers do not do anything that is a risk to others – or the environment.
2. Shepperton Marina recommends wearing suitable footwear such as deck shoes whilst on the Marina
Premises, especially whilst walking on the pontoons. High heeled shoes, flip flops and slippery soled
dinner shoes are not recommended.
3. Shepperton Marina recommends all users to wear a life jacket whilst on the pontoons, on the ferry and
close by to the waters edge.
4. Shepperton Marina asks that you identify the locations of lifesaving and safety equipment within the
marina and in particular, in the areas that you frequent. Information on the location of these items are
displayed on the bridgeheads of the pontoons or on the individual Basin notice boards.
5. Moorers are only permitted to undertake small running repairs to their vessels – should work be required
to be carried out by a contractor, the contractor must first be registered with the Marina Office (see
Clause 1 of Special Conditions).
6. Painting is strictly prohibited whilst moored within the marina basins.
7. The area around the Owner’s Vessel must be kept neat and tidy with no objects or cables/hoses to be
left on the pontoons.
8. All fuel cans must be stored in a safe manner out of the reach of children.
9. Re-fuelling of vessels from cans or other such equipment is strictly prohibited within the marina other
than on the specified re-fuelling pontoons.
10. All general waste must be disposed of in the correct manner and in the receptacles provided. Recycling
bins are available and must only be used for suitable recyclable material as displayed on the receptacles.
11. All other waste not considered household waste must not be left within the marina or disposed of in the
bins. Waste of this kind must be removed from site. This includes but is not limited to; appliances of any
kind; mattresses/pillows; toilets (including Elsans); fenders.
12. All waste oil must be placed in the waste oil tank in the Basin A car park. The key to use this facility may
be obtained from the marina office. Waste oil receptacles must not be left anywhere on-site, including
next to the waste oil tank. These must be removed from site.
13. All waste batteries must be removed from the site and disposed of in a safe manner.
14. Waste/fuel must never be discharged into the water.
15. Sewage must never be discharged into the water. Pump out and Elsan disposal points are located within
the marina.
16. Illegal substances / items are strictly prohibited from the Marina Premises.
17. No part of any vessel may overhang a walkway (including anchors / bow sprits / davits etc.) Pontoons
and walkways must be kept clear of gear, including dinghies and skiffs, at all times.
18. The use of bicycles and scooters (including the electric kind) is not permitted on the pontoons.
19. All accidents – either to a person or to other Vessels – must be reported to the Marina Office in the first
instance.
20. If you see anything that you feel is a danger to you or your fellow moorers – please report the facts to
the Marina Office as soon as possible.
I, _____________________________ (full name) of ___________________ (boat name), confirm that I have
been provided with, read and understood Shepperton Marina’s Terms and Conditions of Berthing.
(Please initial in the boxes below next to each ‘condition’ to confirm your understanding and agreement):
General Conditions – Termination by Owner – 10.1
An Annual Licence may be terminated on 16 weeks’ written notice by the Owner to the Company. A six-month
Licence may be terminated on 8 weeks’ written notice by the Owner to the Company.
Mooring contracts for periods of less than six-months are non-refundable.
General Rules – Storage – 13.1
Dinghies, tenders and rafts shall be stowed aboard the vessel unless the Company allocates a separate berth
for them.
General Rules – Marina & Premises Regulations – 15.1.2
Owners shall refuel only at the designated fuelling berth and are to vacate the berth once the fuelling operation
is completed. Where fuel is to be transferred in portable containers, the Company reserves the right to refuse
the use of any container deemed unfit for purpose.
Special Conditions – Residential – 12(a
Under no circumstances shall boats be used for permanent residential purposes. The Company reserves the
right to request a copy of the Owner’s current council tax bill to verify the residency status of the Owner or
Occupier, whenever required.
Special Conditions – Sale of Boats – 14
The Licensee shall, in the event of a private sale of this boat, declare to the Company the gross sale price and
remit to the Company upon demand access commission calculated at 1% of the gross sale price plus VAT
upon completion.
Special Conditions – Subletting – 15
The subletting of moorings and boats is strictly prohibited. Additionally, in the interest of security, no boat may
be used at any time by any person other than the licensee or his immediate family except by prior arrangement
with the Company.
PLEASE NOTE: ANY BREACH OF THE TERMS AND CONDITIONS MAY RESULT IN YOUR MOORING CONTRACT BEING TERMINATED IMMEDIATELY WITHOUT A REFUND FOR ANY REMAINING CONTRACT PERIOD
SHEPPERTON MARINA
Smart Meter Account Charging Points
Date: 01 May 2024
Document Control
Approval
Name: Lisa Harris
Date: 01/05/2024
Confidentiality
This copyright of this document is owned by Shepperton Marina.
The information in this document is disclosed in confidence and such information may not be disclosed to any third parties without Shepperton Marinas’ prior written consent, except to any personnel and professional advisors for the purposes of obtaining advice in respect of this document.
Shepperton Marina. Registered in England and Wales No. 1087117. Registered office: 21-27 Lamb’s Conduit Street, London, WC1N 3GS
1.Usage and Account Setup
a.Certain charging points within the marina have a smart meter installed (“Smart Meter Charging Point”)
b.If you intend to use on of these charging points, you must set up an account with the Smart Meter, log into the website, and make advanced payment for electricity at the prevailing rates in the marina.
c.An electrical supply is only available to boats that have been authorised by the Supplier.
d.The boat owner must have a pre-paid balance in their account with the Supplier to access the electrical supply.
2.Account Maintenance
a.It is your responsibility to ensure your account details are correct up to date.
b.Refer to the Smart Meter Charging instructions when using a Smart Meter Charging Point.
3.Payment Process
a.You must pay for your electricity usage in advance via your Smart Meter application, which uses the Opayo Payment Gateway.
b.Payments can be made using standard credit or debit cards. We do not accept American Express.
4.Balance Monitoring and Disconnection
a.If your Smart Meter account balance reaches £0, the electricity supply will be automatically disconnected until you purchase more electricity using your Smart Meter account.
b.It is your sole responsibility to monitor your account balance and make payments as needed to maintain electricity supply.
c.Shepperton Marina is not liable if electricity is disconnected due to your failure to monitor your account and/or make timely advance payments.
5.Supply Guarantee and Vessel Suitability
a.Shepperton Marina Ltd cannot guarantee a constant supply of electricity.
b.Shepperton Marina Ltd does not assure the suitability of the vessel to accept the electrical supply. It is the responsibility of the boat owner to assess whether their vessel is suitable for the supplied electricity.
c.
6.Liability for Loss or Damage
a.Shepperton Marina is not responsible for any loss or damage arising from the supply or its termination, except in cases where the Supplier is negligent, acts fraudulently, or breaches these terms and conditions.
7.Provision and Maintenance of Infrastructure
a.Shepperton Marina will provide all necessary infrastructure, including the socket outlet, for the use of the MeterMacs system.
b.Shepperton Marina will ensure that all infrastructure is fit for purpose and in good condition.
c.Shepperton Marina will handle all maintenance requirements and periodic inspections/testing to ensure the units are suitable and safe for continued use.
d.The boat owner is expected to treat the equipment with due care and may be liable for repair costs if damages occur due to misuse of the provided product.
8.Website Reliability
a.Shepperton Marina is not liable for any failures or partial failures of the Smart Meter website.
9.Reporting and Payment Adjustments
a.If the Smart Meter App fails or inaccurately registers electricity usage, you must promptly notify Shepperton Marina Ltd.
b.In case of an under charge, you agree to pay Shepperton Marina the amount they reasonably estimate was used during the period in question.
c.If over-charged, Shepperton Marina will refund you an amount they deem reasonable at their sole discretion.
10.Revisions to Conditions of Use
a.Shepperton Marina may revise these conditions of use at any time by amending this page.
b.Shepperton Marina will provide reasonable written notice to the boat owners regarding any changes.
SHEPPERTON MARINA – BARGE WORLD
High Leisure Usage: Terms & Conditions Of Berthing, Craning and Additional Marina Services inc. Mooring & Storage Licence
Date: 01 April 2024
Document Control
Approval
Name: Lisa Harris
Date: 01/04/2024
Confidentiality
This copyright of this document is owned by Shepperton Marina.
The information in this document is disclosed in confidence and such information may not be
disclosed to any third parties without Shepperton Marinas’ prior written consent, except to any
personnel and professional advisors for the purposes of obtaining advice in respect of this
document.
Shepperton Marina. Registered in England and Wales No. 1087117. Registered office: 21-27
Lamb’s Conduit Street, London, WC1N 3GS
Table of Contents
Summary and General Conditions ……………………………………………………………………….. 5
1. General Conditions ………………………………………………………………………………….. 6
2. The Licence …………………………………………………………………………………………….. 7
3. Rights Of Sale And Of Detention ………………………………………………………………. 7
4. Condition and Operation of Vessel …………………………………………………………… 8
5. Vessel Movements …………………………………………………………………………………… 8
6. Liability and Insurance …………………………………………………………………………….. 8
7. Commercial and Residential Use ………………………………………………………………. 9
8. Storage ……………………………………………………………………………………………………. 9
9. Parking ……………………………………………………………………………………………………. 9
10. Access To & Work On The Vessel …………………………………………………………… 10
11. Regulations ……………………………………………………………………………………………. 10
12. Termination By The Company ………………………………………………………………… 11
13. Termination By Owner ……………………………………………………………………………. 12
14. Address Details And Subsequent Change Of Details ……………………………….. 13
15. Data Protection ………………………………………………………………………………………. 13
16. Law & Jurisdiction …………………………………………………………………………………. 13
17. Dispute Resolution Scheme ……………………………………………………………………. 13
Special Conditions…………………………………………………………………………………………….. 14
1. Contractors ……………………………………………………………………………………………. 14
2. Contract and Terms and Conditions ……………………………………………………….. 14
3. Electricity ………………………………………………………………………………………………. 14
4. WI-FI ……………………………………………………………………………………………………… 15
5. Keys ……………………………………………………………………………………………………… 16
6. Length of Boat Calculation……………………………………………………………………… 16
7. Liability …………………………………………………………………………………………………. 17
8. Mooring Allocation …………………………………………………………………………………. 17
9. Environment Agency Licence …………………………………………………………………. 17
10. Payment ………………………………………………………………………………………………… 18
11. Renewal ………………………………………………………………………………………………… 18
12. Refunds …………………………………………………………………………………………………. 18
13. Safety Of Mooring ………………………………………………………………………………….. 18
14. Sale Of Boats …………………………………………………………………………………………. 18
15. Subletting………………………………………………………………………………………………. 19
16. Temporary Moorings ……………………………………………………………………………… 19
17. Craning, Hard Standing & Storage ………………………………………………………….. 19
18. Tenders/Small Craft ……………………………………………………………………………….. 20
19. Pets ………………………………………………………………………………………………………. 21
20. Trolleys …………………………………………………………………………………………………. 21
21. Vehicles In The Marina …………………………………………………………………………… 21
22. Fishing In The Marina …………………………………………………………………………….. 21
23. Behaviour………………………………………………………………………………………………. 21
24. Shepperton Marina Property and Facilities ……………………………………………… 22
Waterspace Living …………………………………………………………………………………………….. 23
1. Vessel Purchase and Mooring (Waterspace Living) …………………………………. 23
2. Date of Contract Start …………………………………………………………………………….. 23
3. Sale of Vessel ………………………………………………………………………………………… 23
4. Second Hand Vessel Purchase: ………………………………………………………………. 23
5. Allocation of Mooring …………………………………………………………………………….. 23
6. Transfer of Ownership: …………………………………………………………………………… 24
For Waterways Reference (To Be Removed From this document once contractual
agreement reached) …………………………………………………………………………………………… 24
Health & Safety And Environmental Policy …………………………………………………………. 25
Summary and General Conditions
The following terms and conditions are taken from the Yacht Harbour Association’s general
regulations and conditions of berthing.
They have been designed with the greatest care and with the sole aim of protecting in law the
proper rights of both the Company and the Licensee. The Licence also protects Licensees other
than the signatory holder, particularly in regard to the clauses relating to noise and nuisance where
the beauty, peace and tranquillity require special protective measures.
The document constitutes a Licence and under no circumstances does any form of Landlord and
Tenant relationship arise hereunder.
The Licensee also agrees to abide by the Special Conditions, which we consider are necessary to
cover the special situations that may arise in our Marina. Where these conditions are at variance,
the Special Conditions will apply.
1. General Conditions
1.1. Definitions
Where the following words appear in these Conditions, the Licence and the Regulations shall have
these meanings:
Berth means the space on water or land, within the Marina Premises allocated to the Vessel by the
Company from time to time during the duration of the Licence.
Company means the Company as identified in the Licence, including its Associated Companies
and any of its servants or agents.
Conditions means these standard terms and conditions.
Facility means the type of berthing, mooring and/or shore storage facility to be provided by the
Company to the Owner in relation to the Vessel as set out in the Licence.
Length Overall (LOA) means the overall length of the Vessel including any fore and aft
projections, temporary or permanent. Licence means the contract between the Company and the
Owner for the provision of the Facility, which incorporates these conditions.
Licence Fee means the fee payable by the Owner to the Company in consideration for the
Company providing the Facility, as specified in the Licence.
Marina means Yacht Harbour, Marina, Mooring or any other facility for launching, recovering,
mooring or berthing Vessels, which is owned and/or operated by the Company.
Marina Premises means the Marina and all the associated land and buildings occupied by or
under the control of the Company, including docks, locks, bridges, slipways, pontoons, jetties,
quays, piers, walkways mud-berths, sheds, lofts, workshops, hard standing, roadways and car
parks.
Owner means the person or organisation identified in the Licence.
Regulations mean those regulations (if any) made by the Company as the same may be amended
from time in accordance with Conditions 11, which the Company in its absolute discretion,
considers necessary to enable the Company or those using the Marina Premises to comply with
applicable legal requirements or for the safety or security or good management of the Marina
premises.
Vessel means the vessel identified in the Licence.
Storage Ashore Accommodation means the land space temporarily allocated to the Owner from
time to time by the Company for the storage ashore of the Vessel during the term of the Licence.
Pontoon means a moored and decked floating structure providing landing or mooring facilities.
2. The Licence
2.1. In Consideration for the Owner paying the Licence Fee, the Company agrees to provide to the
Owner the Facility in the Marina Premises in relation to the Vessel for the duration of the Licence.
2.2. The Licence will start on the Start Date and will end on the End Date specified in the Licence,
unless terminated sooner under the provisions of Conditions 12 or 13. The Licence will not be
automatically renewed after the End Date.
2.3. The physical layout of the Marina Premises and the operational requirements of the Company are
such that the Company must retain absolute discretion as to the utilisation of the space within the
Marina Premises. Nothing in the Licence or these Conditions entitles the Owner to the exclusive
use of any particular space within the Marina Premises. The benefit provided by the Company
pursuant to the Licence us accordingly merely a licence to occupy whichever Berth may be from
time to time allocated to the Vessel by the Company.
2.4. The Company is entitled to make use of the Berth whilst it is left vacant by the Owner.
2.5. The Licence is personal to the Owner and relates to the vessel described in the Licence. The
Owner may not transfer or assign the Licence to a third party. The Owner may not use the Berth for
a Vessel other than the Vessel, either temporarily or permanently, without the written consent of
the Company.
3. Rights Of Sale And Of Detention
3.1. The occupation of the Berth by the Vessel is subject to the provisions of the Torts (interference with
Goods) Act 1977. This Act confers on the Company a right of sale in circumstances where the
Owner fails to collect or accept re-delivery of the Vessel (and/or any other property left in the
Marina Premises) following termination of the Licence. Such sale will not take place until the
Company has given notice to the Owner in accordance with the Act. For the purpose of the Act it is
recorded that:
3.1.1. The Licence is granted to the Owner by the Company on the basis that the Owner is the Owner of
the vessel or the Owner’s authorised agent and that the Owner will take delivery or arrange
collection of the Vessel (and/or any other property left in the Marina Premises) following termination
of the Licence.
3.1.2. The Company’s obligation as custodian of the Vessel (and/or any other property left in the Marina
Premises) ends on its notice to the Owner of termination of that obligation:
3.1.3. The place for delivery and collection of the Vessel (and/or any other property left in the Marina
Premises) shall be at the Marina Premises unless agreed otherwise. Advice regarding the Act may
be obtained from the Citizens Advice Bureau, Law Centre or any firm of solicitors.
3.2. Maritime Law entitles the Company in certain other circumstances to bring an action against the
Vessel to recover a debt or damages. Such action may involve the arrest of the Vessel through the
Courts and its eventual sale by the Court. Sale of the Vessel may also occur through the ordinary
enforcement of a judgment debt against the Owner.
3.3. The Company reserves a general right (‘a general lien’) to move the Owner’s Vessel or other
property pending payment by the Owner of any sums due to the Company, if any sums are
outstanding for 3 weeks or longer.
3.4. The Company reserves a general right (‘a general lien’) to detain and hold on to the Owner’s
Vessel or other property pending payment by the Owner of any sums due to the Company. If the
Licence is terminated or expires while the Company is exercising this right of detention it shall be
entitled to charge the Owner at the Company’s 24-hour rate for overnight visitors for each day
between termination or expiry of the Licence and the actual date of payment (or provision of
security) by the Owner and removal of the Vessel from the Marina Premises. The Owner shall at
any time be entitled to remove the Vessel or other property upon providing proper security, for
example, a letter of guarantee from a Bank or a visa/mastercard deposit, sufficient to cover the
debt with interest and, where the debt is contested, a reasonable provision for the Company’s
prospective legal costs.
4. Condition and Operation of Vessel
4.1. The owner must always ensure that the Vessel is maintained in a clean and tidy state and in a
seaworthy or navigable condition (as appropriate).
4.2. The owner must ensure that, while underway within the Marina, the Vessel is manoeuvred and
navigated:
4.2.1. With reasonable skill and care;
4.2.2. In accordance with any applicable speed limits and any other applicable laws or regulations; and
4.2.3. In such a manner so as not to endanger or inconvenience any other vessels in the Marina.
4.3. The owner must ensure that, while moored within the Marina, the Vessel is appropriately secured
using a number of fenders and warps of sufficient size and strength and in such configuration as
may be appropriate to the Vessel, the mooring and the anticipated weather conditions. Unless
otherwise agreed by the Company, such fenders and warps shall be provided by the Owner.
5. Vessel Movements
5.1. The company reserves the right to move the Vessel and any other associated gear and equipment
at any time for reasons of safety, security or good management of the Marina Premises.
5.2. Where a specific date or tide range for launch of the Vessel has been agreed between the Owner
and the Company at the time of slipping or lifting out (or arrival by land), the Company’s published
scale of charges for vessel movements will apply. Where the Owner requests a different date or
tide range and the Company reserves the right to charge for the cost of moving other vessels to
gain access to the launch point and for any attendant expenses, such as crane hire. The Company
will provide the Owner with an estimate of such costs and charges prior to incurring them.
6. Liability and Insurance
6.1. The company will not be liable for any loss or damage whatsoever nature caused by events or
circumstances beyond its reasonable control (such as adverse weather conditions, the actions of
third parties or any defect in the Owner’s or any third party/property); this extends to loss or
damage to the Vessel, its gear, equipment or property whilst in the Marina Premises and to harm to
persons entering the Marina Premises and/or using any of the Company’s facilities or equipment
therein.
6.2. The company will take reasonable and proportionate steps (having regard to the nature and scale
of the Marina Premises and the Company’s business) to maintain security at the Marina Premises,
and to maintain the facilities and equipment at the Marina Premises in reasonable working order. In
the absence of any negligence or other breach of duty on the part of the Company, however the
Vessel, its gear, equipment and other property remain at the Owner’s own risk and the Owner
should ensure that their own personal and property insurance adequately covers such risk.
6.3. Where access for vessels to and from the Marina is via a lock gate, swing or lift bridge or other
restriction, the Company will not be liable for any loss or damage of whatsoever nature suffered by
the Owner as a result of the lock gate, swing or lift bridge or other restriction being inoperative,
except to the extent that such in-operation may be caused by any negligence or other breach of
duty on the part of the Company.
6.4. The Company will not be under any duty to salvage or preserve the Vessel or other property from
the consequences of any defect in the Vessel or property concerned unless the Company has
been expressly engaged to do so by the Owner on commercial terms. Similarly, the Company will
not be under any duty to salvage or preserve the Vessel or other property from the consequences
of an accident which has not been caused by negligence or other breach of duty on the part of the
Company. Nevertheless, the Company reserves the right to do so in any appropriate
circumstances, particularly where a risk is posed to the safety of people, property or the
environment. Where it does so, the Company will be entitled to charge the Owner on a normal
commercial charging basis and, where appropriate, to claim a salvage reward.
6.5. The Owner must and must ensure that any other person on board or accessing the Vessel while in
the Marina Premises (excluding the Company), does comply with all applicable laws when in the
Marina Premises.
6.6. The Owner must maintain adequate insurance in relation to the Vessel, including third party liability
cover for not less than £3,000,000 cover against wreck removal and salvage and, where
appropriate, Employer’s Liability cover to at least the statutory minimum. The Owner must produce
evidence to the Company of such insurance within seven days of being requested to do so.
7. Commercial and Residential Use
7.1. The Owners must not (and must not allow anyone else to) use the Vessel for any commercial or
residential purpose while in the Marina Premises without obtaining the Company’s prior written
consent, which may be withheld in the Company’s absolute discretion or granted on such terms as
the Company sees fit.
7.2. For the avoidance of doubt:
7.2.1. Use of the Vessel to provide overnight accommodation in exchange for payment or a reciprocal
arrangement is deemed to be commercial use; and
7.2.2. Stays on board the Vessel for in excess of an average of five nights per week over twelve-week
period; or
7.2.3. Uses the Company’s offices at the Marina Premises as their mailing address.
7.3. The Company reserves the right to request a copy of the Owner’s current council tax bill plus a
utility bill to verify the residency status of the Owner or Occupier, whenever required.
7.4. The Licensee shall not permit more than the number of persons that the boat was originally
designed to accommodate to use or occupy the boat for non-permanent residential purposes. For
this purpose, two children under the age of five shall count as one person.
8. Storage
8.1. The Owner must stow any dinghies, tenders or rafts aboard the Vessel unless the Company
allocates a separate facility for them.
9. Parking
9.1. Subject always to the availability of parking spaces, the Owner and their crew and guests may only
park vehicles in the Marina Premises in accordance with the directions of the Company. The
Owner must not (and must not allow anyone else to) use a vehicle parked in the Marina Premises
for any commercial purpose or for overnight accommodation.
9.2. Storage of vehicles on-site is not permitted. Vehicles should only parked within the marina basin if
you are on-site or if you have taken your boat out of the marina for a short trip/holiday.
9.3. All vehicles must display a valid car parking permit. These can be collected from the marina office.
9.4. Any vehicles that appear to have been left within the marina without written permission will be dealt
with accordingly. This includes but is not limited to fines, clamping and/or removal.
9.5. All vehicles parked on site must be lawful. This includes a valid MOT certificate (where
appropriate), tax and insurance.
10. Access To & Work On The Vessel
10.1. The owner must not (and must not allow anyone else to) undertake any work on the Vessel, its
gear, equipment or other goods while on the Marina Premises without the Company’s prior written
consent, other than minor running repairs or minor maintenance of a routine nature carried out by
the Owner, their regular crew or members of their family not causing any nuisance or annoyance to
any other users of the Marina Premises or any other premises or any person residing in the vicinity,
nor interfering with the Company’s schedule of work, nor involving access to prohibited areas. The
Company’s consent will not be unreasonably withheld.
10.2. Should, during the maintenance (including painting) of a vessel berthed within the marina, any
mess or damage be caused to the property (pontoons / walkways / fixtures & fittings and similar),
the Company will request this to be cleaned to the Marina’s satisfaction. Should any repairs be
required, the Marina will organise this and charge the Owner of the Vessel of which caused the
damage. Painting whilst berthed on a pontoon within the marina premises is at the discretion of the
Company and permission must be granted form the Marina Office prior to starting.
10.3. Where the Facility comprises or includes storage ashore, the Company may restrict the Owner’s
access to the Vessel and, where appropriate (having regard to the nature and scale of the Marina
Premises and the Company’s business), the Company may prohibit the Owners from accessing the
Vessel while it is stored ashore.
11. Regulations
11.1. The Owner must and must ensure that any other person on board or accessing the Vessel while in
the Marina premises (excluding the Company) does observe the Regulations published from time
to time by the Company, including Company’s Health, Safety and Environmental policies.
11.2. The Company will supply the Owner with a copy of the Regulations current at the time of granting
the Licence. The Company reserves the right to introduce new Regulations where required on legal
grounds or for the safety or security or good management of the Marina Premises, and to amend
such Regulations as from time to time may be necessary. Such Regulations and any amendments
to them will become effective on being displayed on the Company’s public notice board or other
prominent place at the Marina Premises, and a breach of any of the Regulations will amount to a
breach of these Conditions.
11.3. The Owner must and must ensure that any other person on board or accessing the Vessel while in
the Marina Premises (excluding the Company) does report to the Company all accidents involving
injury to any person or damage to any public or private property that occur in the Marina Premises
as soon as reasonably possible after they occur.
11.4. The Owner must, and must ensure that any other person on board or accessing the Vessel while in
the Marina Premises (excluding the Company) does not operate any noisy, noxious or
objectionable engines, radio, or other apparatus or machinery within the Marina Premises so as to
cause any nuisance or annoyance to any other users of the Marina Premises or to any person
residing in the vicinity. Halyards and other rigging shall be secured so as not to cause such
nuisance or annoyance.
11.5. The Owner must and must ensure that any other person on board or accessing the Vessel while in
the Marina Premises (excluding the Company) does not throw any refuse overboard or dispose of it
anywhere in the Marina Premises, other than in the receptacles provided by the Company or by
removal from the Marina Premises.
11.6. The Owner must provide and maintain at least one fire extinguisher, which is approved and
manufactured to EN3 standards for portable fire extinguishers, and ensure it is fit for purpose for
the Vessel and ready for immediate use in case of fire.
12. Termination By The Company
12.1. The Company has the right (without prejudice to any other rights in respect of breaches of the
terms of the Licence by the Owner) to terminate the Licence in the following manner in the event of
any breach by the Owner of any term of the Licence or these Conditions:
12.1.1. Having regard to the nature and seriousness of the breach and the risk it poses for the financial or
other security of the Company and/or of the Company’s customers and if the breach is capable of
remedy, the Company may serve notice on the Owner specifying the breach and requiring them to
remedy the breach within a reasonable time specified by the Company. Where the breach is
serious or poses an immediate risk or threat to the health, safety or welfare of any other person or
property the time specified for remedy may be immediate or extremely short.
12.1.2. If having been served notice under Condition 12.2.1 the Owner fails to affect a remedy within the
specified period of time, or if the breach is not capable of remedy, the Company may serve notice
on the Owner requiring them to remove the Vessel from the Marina Premises immediately.
12.2. If the Owner fails to remove the Vessel on termination of the Licence (whether under Condition
12.1 or otherwise), the Company will be entitled:
12.2.1. to charge the Owner at the Company’s 24-hour rate for overnight visitors for each day between
termination of the Licence and the actual date of removal of the Vessel from the Marina Premises
and/or
12.2.2. at the Owner’s risk (save in respect of loss or damage directly caused by the Company’s
negligence or other breach of duty during such removal) to remove the Vessel from the Marina
Premises and thereupon secure it elsewhere and charge the Owner with all costs reasonably
arising out of such removal including alternative berthing fees.
12.3. Any notice of termination served by the Company under this Condition may be served personally
on the Owner, sent registered post or recorded delivery service to the Owner ‘s last known address
or sent to the email address (if any) set out in the Licence.
12.4. The Licence will terminate immediately and without notice on the death of the Owner. If the
Owner’s representatives do not either enter into a new licence with the Company or remove the
Vessel from the Marina Premises, then Condition 12.2 will apply as if references to the “Owner”
were references to the “Owner’s representatives”.
12.5. The Licence will terminate immediately and without notice on the disposal of the Vessel by the
Owner.
13. Termination By Owner
13.1. An Annual Licence may be terminated on 16 weeks’ written notice by the Owner to the Company.
A six-month Licence may be terminated on 8 weeks’ written notice by the Owner to the company.
Following such notice, the Company shall prepare an account of:
13.1.1. All sums owed by the Owner in respect of services or facilities used up to the intended date of
departure of the Vessel, and the charge that would have been payable by the Owner to the
Company in respect of this Licence if the original term of this Licence had ended on the date of
expiry of the Notice of Termination., less
13.1.2. The sum actually paid by the Owner to the Company in respect of this Licence. Where the balance
is in favour of the Company, the Owner shall be required to pay the balance before removal of the
Vessel from the Harbour or Premises and where the balance is in favour of the Owner, the
Company shall pay it to the Owner upon departure of the Vessel from the Harbour or Premises.
13.2. Mooring contracts for periods of less than six-months are non-refundable.
14. Address Details And Subsequent Change Of Details
14.1. The Owner must supply to the Company details of the Owner’s home address. This address must
be a different address to the address of the Marina Premises. The Owner must produce evidence
to the Company of such home address within 7 days of a request to do so.
14.2. The Owner must notify the Company in writing (which includes by email) of any change of name of
the Vessel or change of address or telephone number of the Owner, within 7 days of such change
taking place.
15. Data Protection
15.1. The Company is a data controller for the purposes of the EU General Data Protection Regulation
and the UK Data Protection Act 2018. A copy of the Company’s Privacy Policy is available from the
Company on request.
16. Law & Jurisdiction
16.1. The Licence, these Conditions and any non-contractual obligations arising out of, or in connection
with, the Licence shall be governed by and construed in accordance with English Law.
16.2. Each of the parties irrevocably agrees that any and every dispute (and any non-contractual
obligations, as aforesaid) arising out of or in connection with the Licence shall:
16.2.1. If one party acts as consumer (meaning a natural person acting for purposes outside of a trade,
business or profession), be subject to the non-exclusive jurisdiction of the English courts; or
16.2.2. Where no party acts as consumer, be subject to the exclusive jurisdiction of the English Courts
17. Dispute Resolution Scheme
17.1. The Yacht Harbour Association recommends that, before commencing court proceedings, the
parties to a dispute arising out of or in connection with the Licence should endeavour to resolve
their dispute by negotiation or, failing that, by mediation.
Special Conditions
1. Contractors
The Licensee shall not permit any outside surveyor, broker, agent, contractor, tradesman or
workman to enter the premises or moorings of the Company for any purposes whatsoever without
obtaining the prior written consent of the Company. If such consent is granted such surveyor,
broker, agent, contractor, tradesman or workman must report to the Marina Office for registration
and with proof of public liability insurance to the value of £5,000,000, professional indemnity
insurance and their Company Health and Safety policy prior to any work being carried out. The
Contractor must, without exception, sign in to the Marina Office each day and immediately upon
their arrival to the Marina premises and pay the £10 daily fee until the work has been completed.
2. Contract and Terms and Conditions
a. All moorings and sites are contracted subject to the Terms and Conditions above
accompanying the contract and these special conditions.
b. Any amendments to the Special Conditions shall become effective on being displayed at the
Company’s offices.
c. Contracts commence on the agreed start date and run for a period of 12 or six months
(unless otherwise agreed with the Company). As the name implies, the contract is a legal
and binding document for the period.
d. Licensees are advised to carefully read the Terms and Conditions and Special Conditions
herein prior to signing their contract. All conditions are available from the Marina Office upon
request.
e. Disorder, depredation or indecorous conduct by a Licensee or his guest or visitors shall be
cause for cancellation of the Licence.
f. No private or trade advertising (signs, notices etc.) is permitted on the Marina premises
unless with previous written consent of the Company, which may be withheld at its sole
discretion. No Owner will be permitted to display a ‘For Sale’ notice on any vessel.
g. The Owner agrees and acknowledges that from time to time the Company may be required
to give the owner’s details to certain statuary third parties (such as, but not restricted to
navigation authorities) however the Company undertakes not to give the Owner’s details out
to any other third party (except where obliged by law to do so).
h. The Owner agrees that the Company may from time to time send the Owner newsletters and
/ or mailings relating to the normal business of the Marina or its tenants (such purpose
restricted to matters concerning the Owners Vessel or normal Marina business).
i. The Company will not be liable for delays or failures to perform its duties under this
agreement if these are the consequence of causes or circumstances beyond its reasonable
control (including but not limited to acts of God, war, riot, civil disturbance, terrorism, acts of
government, strikes, fire, flood, power failure or communications failure).
3. Electricity
a. No guarantee is given by the Company for the continuous supply of electricity and other
services within the Marina Premises. The Owner is responsible for the consequences of a
discontinued electricity supply and shall take all necessary precautions assuming that a
continuous supply of electricity is not maintained. Mains electricity is only available to boats
with a properly equipped and protected ring-main installation. The Owner shall observe all
statutory and local regulations relative to electricity in or upon their vessel.
b. The Owner shall not leave any electric fan or incandescent heater in operation aboard the
vessel while the vessel is unoccupied.
c. The Company reserves the right to disconnect or discontinue the shore supply to the Owners
vessel in the case of overloading, persistent earth tripping, or for fault finding purposes.
d. The Company reserves the right to charge to the Owner the costs of any repairs or
replacements to the Marina electrical system necessitated to any damage caused by the
Owner or their vessel whether accidental or otherwise.
e. The Owner undertakes to pay the Company for all electricity consumed at the Company’s
premises whether supplied by meter, metered lead, pre-payment card or flat-rate charge at
the price published from time to time by the Company and displayed at the marina office.
This charge may alter without notice as supply costs alter. Charges for electricity supplied
will include standing charges, monthly demand charge, capacity charge, climate change
levy, repair and renewal costs, NICEIC certification costs, maintenance costs, and
administration costs. Electricity is supplied in accordance with OFGEM regulations.
f. The Company reserves the right to disconnect the Owner’s vessel should any account for
the supply of electricity remain unpaid after 28 days or in the event that the Owner does not
comply with the terms of conditions (66) to (70) above.
g. A charge will be incurred to the Owner for a replacement electricity card, currently £5.
h. A limited electricity supply is available on the hard standing for the use of power tools only.
4. WI-FI
a. Shepperton Marina Wi-Fi Internet connectivity is available to Shepperton Marina Berth-
Holders who hold a current mooring contract within Shepperton Marina and is subject to the
Terms and Conditions upon activation.
4.1 Extent of the Service
a. Shepperton Marina has no responsibility for, or control over, the internet Services you
access and do not guarantee that any services are error or virus free.
b. We have no responsibility or control over, the information you transmit or receive via the
service.
c. We do not guarantee the availability of the Service or the speed at which information may be
transmitted or received via the Service or that the Service will be compatible with your
equipment or any software which you choose to use.
d. Shepperton Marina does not guarantee the security of the information which you may
transmit or receive using the Service or located on any equipment utilising the Service and
you accept that it is your responsibility to protect your information and have adequate
security (in terms of equipment and procedures) to ensure the security, integrity and
confidentiality of your information and data.
e. Shepperton Marina reserves the right at all times to withdraw the Service, change the
specifications or manner of use of the Service, to change access codes, usernames,
passwords or other security information necessary to the Service.
4.2 Your use of the Service
a. You must not use the Service to; access Internet Services or send or receive emails which
are defamatory, threatening, intimidatory or which could be classed as harassment. Contain
obscene, profane or abusive language or material. Contain pornographic material (that is
text, pictures, films, video clips of a sexually explicit or arousing nature). Contain offensive or
derogatory images regarding sex, race, religion, colour, origin, age, physical or mental
disability, medical condition or sexual orientation. In our reasonable opinion, may adversely
affect the manner in which we carry out or business or are otherwise unlawful or
inappropriate.
b. We recommend that you do not use this Service to transmit or receive any confidential
information or data and should you choose to do so, you do so at your own risk.
c. The Service is intended for consumer use only. In the event that you use the Service for
commercial purposes, we would specifically refer you to clause 4.4 below.
d. We may terminate or temporarily suspend the Service if we reasonably believe that you are
in breach of any provisions of this agreement including but not limited to any clause that
forms this agreement.
4.3 Criminal activity
a. You must not use the Service to engage in any activity which constitutes or is capable of
constituting a criminal offence, either in the United Kingdom or in any state throughout the
world.
b. You agree and acknowledge that we may be required to provide assistance and information
to law enforcement, governmental agencies and other authorities. You further agree we are
entitled to co-operate with law enforcement authorities and rights-holders in the investigation
of any suspected or alleged illegal activity by you which may include, but is not limited to,
disclosure of such information as we have and are entitled to provide by law, to law
enforcement authorities or rights-holders.
4.4 Other Terms
a. You agree to compensate the Marina fully for any claims or legal action made or threatened
against us by someone else because you have used the service in breach of these Terms
and Conditions outlined above.
b. Whilst we do not seek to limit our responsibility for fraudulent mis-representation or if you are
injured or die as a result of our negligence we have no responsibility (to the extent permitted
by law) to compensate you (whether or not we are negligent) for any direct financial loss,
loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use,
business, wasted expenditure, business interruption, loss arising from disclosure of
confidential information, loss arising from or in connection with use of the service or inability
to use or access the Service or a failure, suspension or withdrawal of all or part of the
Service at any time or damage to physical property or for any other similar direct loss that
may arise in relation to this agreement whether or not we were advised in advance of the
possibility of such loss or damage.
5. Keys
The Licensee shall deposit with the company a set of keys relating to the Vessel under Licence.
6. Length of Boat Calculation
For record and accounting purposes:
a. All craft with outboard engines, outdrives/sterndrives or bathing platforms will have a
minimum of 0.75 metre added to the hull length.
b. All craft with davits on the transom will have a minimum of 1.50 metres added to the overall
length of the boat, irrespective of carrying a tender.
c. The calculated length of the boat is the length of the hull overall from the foremost to the
aftermost extremity plus the addition of notes a) or b) above, whichever is the greater where
applicable.
d. 1 metre shall be calculated at 3.28 feet.
e. All measurements will be rounded up to the nearest 0.25 metre.
f. The Company reserves the right at any time during the period of this agreement to measure
the Owner’s vessel and to charge additional berthing fees should the length overall exceed
that stated in this agreement. The overall length of the vessel will be calculated over all
accessories and fixings, for example; outboard engines, sterndrive units, bathing platforms,
pulpits and davits.
7. Liability
a. Any damage to any part of the grounds, fixtures or fittings of Shepperton Marina caused by
the Licensee, their invitee or pets shall be the responsibility of the Licensee and made good
to the satisfaction of the Company or reasonable compensation shall be paid for any
damage.
b. The Licensee shall ensure that no pollution of any nature emanates from the Vessel and only
the Elsan disposal points provided shall be used for the emptying of portable toilets and
these shall be used for this purpose only. Where pollution occurs, the Licensee will be
responsible for the costs of all remedial and decontamination work.
c. All Licensees are reminded that they should maintain adequate Third-Party insurance with a
minimum sum of £2,000,000 required for the duration of this Licence. Shepperton Marina
will require to see a copy of the insurance at the time of renewing your contract.
d. The Licensee is responsible for maintaining the appearance and condition of their boat in a
condition acceptable to the Company.
e. If in the Company’s opinion such be necessary for the safety of the vessel or for the safety of
other users of the marina or premises or for their vessels or for the safety of the Company’s
marina, premises, plant or equipment, the company shall have the right to moor, re-berth,
move, board, enter or carry out any emergency work on the vessel and except to the extent
that such moorings, re-berthing, movement, boarding, entering or emergency work arises
from the negligence of the Company or those for whom the Company is responsible, the
Company’s reasonable charges therefore shall be paid by the Owner.
f. If in the Company’s opinion, the condition of the vessel has been left to deteriorate to such
an extent that it is detracting from the enjoyment of other berth-holders or poses a threat to
safety or navigation within the Marina, the owner shall be asked to clean and or maintain the
vessel and if such cleaning or maintenance is not carried out then the company reserves the
right to carry out or to instruct to have carried out such cleaning. Maintenance and/or lifting
ashore or such will be at the Owners expense.
g. The Owner shall maintain the vessel’s engines and machinery in a good working condition at
all times.
h. The Owner shall not leave any electric fan or incandescent heater in operation aboard the
vessel while the vessel is unoccupied.
i. Children must be supervised and accompanied by an adult at all times.
j. Swimming, diving and fishing within the marina is strictly prohibited.
k. The hardware of the Marina Premises is not to be interfered with in any way.
8. Mooring Allocation
a. In all cases the allocation of moorings shall be at the sole discretion of the Company
although the Company will use reasonable endeavours to accede to a request for a
particular mooring.
b. The amount of space allocated for a mooring to each Licensee shall be determined by the
Company in accordance with their normal practice and the decision of the Company shall be
final.
c. Vessel shall be berthed or moored by the Owner in such a manner and position as the
Company may require and adequate warps and fenders shall be provided and fitted by the
Owner.
9. Environment Agency Licence
All boat owners are reminded that any Vessel on the Thames including those moored within
Shepperton Marina must be licensed with the Environment Agency. A Licence application form
may be obtained from the Marina Office.
10. Payment
a. Payment of mooring fees is to be made two weeks in advance by a single payment either by
cash (via bank paying-in slip), cheque, credit or debit card or bank transfer.
b. Payment of mooring Licence fees must be made prior to moving a boat onto a mooring.
11. Renewal
a. Where the term of this Licence is six months or more:
I. Your contract for mooring services will end on the date set out in the order (“Minimum Term”).
We will notify you before the end of the Minimum Term to let you know the Mooring Services
we provide to you will be ending soon. If however your vessel continues to be on the Berth
after the Minimum Term this will be taken as confirmation that you wish for us to continue to
provide the Mooring Services for an additional Minimum Term and we shall invoice for the
mooring services to be provided to you during the additional term and you shall pay the invoice
in accordance with clause 10. These terms will continue to apply to the provision of the Mooring
Services if you choose to Berth your vessel during any Additional Term.
II. The Owner shall notify the Company within 30 days after the date of such notice if he wishes
to enter into a new berthing Licence stating the desired period thereof and the Vessel for which
the berthing Licence is sought, and the Company shall use its reasonable endeavours to
accommodate the Owner in this regard.
III. If the Company does not receive notice pursuant to condition ii) from the Owner, the Company
gives no assurance that a berth will be available to the Owner.
12. Refunds
a. Moorings are let for the period specified in the Moorings Licence and Invoice.
b. Mooring fees cannot be refunded, or credit given for non-use of berths.
c. Contracts are not transferable.
13. Safety Of Mooring
Any warps, fenders or other mooring devices which in the opinion of the Company prejudice the
safety of the Vessel in or upon the Marina may be replaced by the Company and charged to the
account of the Licensee.
a. No items of boats, gear, fittings or equipment, supplies, stores or alike shall be left upon the
pontoons, jetty’s, bankside or car parks. No item of any description (for example but not
limited to aerials, antennae, fenders, cleats, statues etc.) shall be fixed to the pontoon, jetty’s
or bankside by the Owner. Such items are liable to immediate removal and disposal by the
Company at the Owners expense.
b. The Owner may not use any part of the Company’s premises for the purpose of lighting
BBQs with the exception where available of specific BBQ areas designated at the
Company’s discretion. BBQs must not be lit on pontoons or aboard vessels.
c. No guarantee is given by the Company as to water levels within the Company’s marina and
the Owner is responsible for any consequence of fluctuating water levels. The navigation
authority’s policy is to maintain water within a stated range except in flood or low flow
conditions when water levels may exceed the stated range.
14. Sale Of Boats
The Licensee shall, in the event of a private sale of this boat, declare to the Company the gross
sale price and remit to the Company upon demand access commission calculated at 1% of the
gross sale price plus VAT upon completion.
15. Subletting
The subletting of moorings and boats is strictly prohibited. Additionally, in the interest of security,
no boat may be used at any time by any person other than the Licensee or his immediate family
except by prior arrangement with the Company.
16. Temporary Moorings
a. Six-month moorings are offered at the annual rate published herein plus a charge of
approximately 10%.
b. Temporary moorings over 3 weeks’ duration but less than six-months, are offered at the
monthly mooring rate.
c. Temporary moorers may be asked to move should their berth be required by a permanent
moorer.
17. Craning, Hard Standing & Storage
a. A minimum charge of 7.75m applies to all craning services. A maximum length of 16m
applies to all vessel requiring storage ashore. A maximum weight limit of 22 tonnes applies
to all craning services.
b. Delays which necessitate lifting outside normal working hours will be charged at £130 per
hour.
c. Shepperton Marina do not operate lifting services at weekends or bank holidays except by
prior arrangement. Weekend lifts attract a surcharge of 75% over the standard rate.
d. Shepperton Marina cannot guarantee your required lifting date, especially when booking at
short notice. We are unable to specify exact lifting times for any booking. Shepperton Marina
will try to accommodate or lifting requirements however bookings are subject to change by
the Company for reasons outside of their control.
e. If 7 days’ notice of cancellation is given: 100% of fees will be refunded. If more than 48hrs
notice but less than7 days’ notice is given: 50% of fees will be refunded. Less than 48hrs
notice is given: No refund is payable.
f. Crane bookings are not confirmed until payment has been received in full.
g. The CP7 Weekend Package includes a lift-out no later than 3.30pm on Friday afternoon and
re-launch no later than 9am on the following Monday morning. If the vessel is not ready to be
re-launched by 9am on Monday morning, then the package will convert to a CP1 Package
and the difference in price will be chargeable in addition to Hardstanding fees. These
additional charges will be at the rates applicable in the current published tariff.
h. Shepperton Marina cannot be held responsible for any personal effects or equipment left on
board any vessel during craning operations and storage. Shepperton Marina advises you
remove all valuables and portable equipment prior to craning. Please ensure all fragile items
are securely stowed. Shepperton Marina cannot be held responsible for any breakages.
i. Shepperton Marina cannot accept liability for any damage caused when handling craft or
when stored / moored on the Company Premises, except where it can be demonstrated that
the Company has been negligent.
j. You are responsible for making the crane driver aware of any specific lifting or chocking
requirements prior to the lift. Vessels stored ashore on chocks or cradles may only be moved
by the Company or have such chocks, block, cradles or other supports moved or adjusted by
the Company.
k. All pressure washing must be carried out by marina staff in the designated crane / washdown
area. Pressure washers are not permitted to be used on the hard standing under any
circumstances.
l. Shepperton Marina reserves the right to refuse to lift any vessel they feel would be unsafe or
not suitable for the crane, hard standing or marina based on (but not limited to) dimensions,
constructions material(s) or conditions of the vessel.
m. Shepperton Marina do not lift wooden vessels.
n. All vessels must have suitable insurance to cover the craning and storage ashore of the
vessel.
o. Ladders to climb aboard the vessel whilst ashore must be provided by yourself. The top of
ladders should be secured to the vessel when climbing.
p. No items must be thrown from the vessel, even in the instance where waste receptacles are
below.
q. No work that will cause noise should take place between the hours of 8pm and 8am.
r. Under no circumstances are persons allowed to sleep on board vessels whilst they are
stored ashore.
s. All gas and fuel tank work should be undertaken by professionals. If you engage an outside
contractor, they must report to the marina office to register and provide the appropriate
insurance documents. A contractor’s fee is applicable.
t. Children are not permitted to play on the hard standing. All children must be supervised at all
times. Dogs must be kept on a lead at all times and should not cause a distraction, nuisance
to other customers.
u. Vehicles are not permitted to be driven or parked on the hard standing. The owner must use
the car park provided. Trolleys are available for transporting tools etc. All vehicles must
display a Shepperton Marina car parking sticker which are available from the Marina Office.
v. All rubbish must be removed from site to be disposed off and must never be left under the
vessel as this will obstruct any movement of you boat and create a fire / health & safety risk.
w. Shepperton Marina will not launch any vessel to water until the area of hard standing
surrounding the vessel has been left clean and tidy and all waste has been removed from
site.
x. Shot/slurry blasting must not be carried out by boat owners or any contractors without first
gaining the written consent from the marina office.
y. Spraying/painting of vessels must not be carried out by boat owners or any contractors
without first organising for the vessel to be transferred to the Shot Blasting bay along with the
appropriate covers. Transfer to the bay must be pre-booked and paid for in advance by the
owner.
z. Vessels are permitted to remain ashore for a maximum of three months. Any vessels that
remain ashore after this period will incur a 50% surcharge of the hard-standing fee.
aa. The Owner shall ensure that the vessel is prepared and ready for launch and shall further
ensure that the vessel is checked for integrity and safety as soon as it is put afloat.
bb. Vessels stored ashore will be launched or put afloat in such sequence as to avoid moving
other vessels for this purpose and also so as to make the most economical use of the
facilities at the Company’s disposal at the Owners request, the Company will, if possible,
launch his vessel but the cost of moving other vessels for this purpose and / or any attendant
expenses must be paid for by the owner. The basis of such charges is available to the owner
on request.
cc. The moving of blocks or stands is strictly prohibited. Should you require any alteration to be
made to these items, you must speak with the marina office who can discuss your
requirements with the staff trained to carry out this task.
18. Tenders/Small Craft
a. Tenders to all craft subject to a valid Shepperton Marina mooring Licence are to be kept on
davits (where fitted) or aboard the parent craft. They may not be left in the water, adjacent to
the parent craft, on the bank or on the pontoons.
b. The Company asks that; except for access, all dinghy and small craft owners avoid the
Marina Basin, which can be extremely dangerous when large craft are manoeuvring.
SML – Terms and Conditions 21
Author: Lisa Harris Confidential Uncontrolled when printed
Page 21
19. Pets
a. Dogs must be kept on a lead at all times and under the strictest control in order not to cause
nuisance to others or to cause damage to the Marina Premises. For reasons of hygiene,
dog owners must clean up after their dogs.
b. Cats are strictly prohibited on the Marina or onboard a vessel berthed within the Marina.
20. Trolleys
a. Trolleys are provided for short-term use only and are to be returned to a trolley bay
immediately after use.
b. At no time are trolleys to be removed from the Marina Premises.
c. Trolleys must not be overloaded and are to be returned clean.
d. Children and adults are not permitted to ride in the trolley.
21. Vehicles In The Marina
a. STICKERS. All cars must display an identification sticker provided free of charge from the
Marina Office.
b. CAR PARKS. There are car parking areas adjacent to Basin A and Basin B. Licensees are
asked not to park on the access road to Basin B, on the quayside or on the grass verge.
c. SPEED LIMIT. For every good reason including the safety of Licensees, the Marina speed
limit is 5 mph.
d. LEARNER DRIVERS. No one may have charge of a motorised vehicle on the Company’s
premises unless they hold a current driving licence and are fully insured. Driving tuition is
not permitted on the Company’s premises.
e. MAINTENANCE. No maintenance work or cleaning shall be carried out to any motor vehicle
whilst on the Company’s premises except for emergency repairs with the express permission
of the Company.
f. MOTOR CYCLISTS. When driving on the Company’s premises, motorcyclists should wear
full headgear and keep within the speed limit. Motorcycles may only be used for access to
and access from the Marina.
g. All vehicles on the Company’s premises must be fully taxed and insured.
h. The Owner shall not park or store any motor vehicle on or at the Company’s premises other
than during periods when the Owner is aboard their vessel. No motor vehicles shall be
parked or stored on or at the Company’s premises for any period in excess of fourteen days
unless the Owner is away from the Marina cruising aboard the vessel. Vehicles that are
deemed by the marina to be left for a long period of time (in excess of fourteen days) without
the prior written consent of the marina will be subject to a £25 daily fee from the first date the
car was left.
22. Fishing In The Marina
Fishing in the marina is prohibited.
23. Behaviour
a. Owner’s and their guests must act with respect and consideration for all other persons
including but not limited to Marina staff, fellow berth holders, visitors and tenants.
b. Owner’s and their guests must act lawfully at all times.
c. Behaviour that is considered unacceptable includes (but is not limited to):
Violent, threatening, or aggressive behaviour.
Physical or verbal abuse (including discriminatory language).
Any acceptance, possession, use, or distribution of any type of Class A, B and C drugs,
narcotics, and/or any other controlled substances, by any party on the vessel or within
the Marina.
The excessive consumption of alcohol that poses a risk to yourself or others.
Harassment of others (whether verbally or in writing) and including social media
platforms.
Failure to follow the directions of Shepperton Marina staff.
24. Shepperton Marina Property and Facilities
a. Shepperton Marina facilities must be used in the appropriate manner for which they are
provided and with consideration for others.
b. All property belonging to Shepperton Marina must be treated with respect, carefully and must
not be unreasonably interfered with or damaged.
Waterspace Living
These Terms and Conditions relate directly to vessels purchased through Waterspace Living and
are subject to change without prior notice.
Compliance is mandatory and failure to meet with any of the requirements either prior to, on or after
completion of purchase may result in termination of mooring and/or penalties.
1. Vessel Purchase and Mooring (Waterspace Living)
a. The Purchaser refers to the person/persons whose offer is accepted in relation to the purchase
of the vessel. The Purchaser and any named co-owners directly enter into a mooring
agreement with Shepperton Marina. Purchasers must:
a. Meet the criteria set out within the ‘high-use’ leisure mooring (Section 7.2.2)
b. Provide:
i. a current year council tax bill in the purchaser’s name
ii. a utility bill dated within the past three months (from offer acceptance date, in the
purchaser’s name
c. Provide proof of insurance on the date of completion of sale
d. Provide a copy of the river licence on the date of completion of sale
e. Adhere to Shepperton Marina Terms and Conditions to obtain/retain mooring rights at
Barge World.
2. Date of Contract Start
a. Waterspace Living will provide a process of anticipated sale timescales per vessel once the
offer is accepted and the sale process has commenced to Shepperton Marina. In addition, a
completion date will be provided in writing at least one week prior to the final completion
date/projected start of mooring contract.
3. Sale of Vessel
a. The Purchaser agrees that the re-sale of the vessel must be facilitated exclusively through Boat
Showrooms whilst moored within Barge World and Shepperton Marina.
b. Private sale and engagement of a third-party broker is strictly prohibited.
c. Commission rates, applicable to the sale price of the vessel and the transfer of mooring, are
charged at the published Boat Showrooms rate at the time of sale. Commission rates are
available upon request.
4. Second Hand Vessel Purchase:
a. The Purchaser of the vessel (classed as second-hand ownership) must agree during purchase
and prior to completion, to comply with these Terms and Conditions.
b. Failure to meet these Terms and Conditions will result in the denial of mooring retention for the
vessel. While the purchase of the vessel may proceed, the vessel will be required to vacate the
marina upon handover.
c. Requirements include furnishing all documentation, as referred to in Section 1 of Waterspace
Living.
5. Allocation of Mooring
Allocation of moorings remains the responsibility of Shepperton Marina Ltd, Barge World, who
retains the right to change a mooring/berth position/allocation to meet the requirements of the
Company. Any new mooring allocation will remain in Barge World, and not elsewhere within
Shepperton Marina.
6. Transfer of Ownership:
a. Shepperton Marina will permit the transfer of mooring (second-hand ownership) upon resale of
a Waterspace Living vessel, whilst in contract. If the purchaser decides to sell the Waterspace
Living vessel, they agree to do so exclusively though Boat Showrooms.
b. Completion of sale will be used as the official completion date. The date relates to final monies
being transferred and cleared allowing for a clearing period of no more than 24 hours.
c. The remaining mooring period will be transferred to the new owner of the vessel, contingent
upon meeting the criteria for Barge World and complying with the Terms and Conditions of
Berthing, in particular Section 1 of Waterspace Living.
d. A commission fee will be applied to this transfer, which will be deducted at the time of the boat
sale.
For Waterways Reference (To Be Removed From this document once contractual agreement reached)
a. A (£1000 per vessel/mooring) non-refundable deposit will be required to secure each of the five
moorings.
b. Introductory Period: Shepperton Marina agrees to provide Waterways Living with the first
three (3) months of services free of charge, commencing from 01 April 2024.
c. The Introductory Period will conclude after three calendar months.
d. Transition Period: Shepperton Marina agrees to provide Waterways Living with a second three
(3) month period of agreed charges, otherwise known as months 4, 5 and 6 of occupancy. The
mooring fee for this period will be charged at 50% of the total annual mooring fee for all unsold
vessels.
e. For any vessel that is within the sales process on commencement of the Transition Period, a
pro-rated rate will be calculated rather than the full 3-month rate. The rate will cover the start of
the Transition Period to the date of completion/transfer.
f. Any vessel purchase/sale that completes within the Transition Period will have a pro-rated
refund of Transition Period fee from completion of sale to start of The Purchasers mooring
contract, payable directly to Waterways Living and non-transferable to the Purchasers or other
named party.
g. The Transition Period will conclude after six calendar months from the date of commencement
(01 April 2024).
Note:
If, during any stage of the Introductory and/or Transition period, Barge World moorings are fully
reserved/sold leaving only Waterways Introductory and/or Transition period moorings available, the full
mooring charge will be due from the 1st of the next month. For instance, if this happened on the 15th of May,
the full paying contract would begin from the 01 June.
Health & Safety And Environmental Policy
1. Shepperton Marina makes every effort to keep the marina and the grounds safe, but it is very important
that moorers do not do anything that is a risk to others – or the environment.
2. Shepperton Marina recommends wearing suitable footwear such as deck shoes whilst on the Marina
Premises, especially whilst walking on the pontoons. High heeled shoes, flip flops and slippery soled
dinner shoes are not recommended.
3. Shepperton Marina recommends all users to wear a life jacket whilst on the pontoons, on the ferry and
close by to the waters edge.
4. Shepperton Marina asks that you identify the locations of lifesaving and safety equipment within the
marina and in particular, in the areas that you frequent. Information on the location of these items are
displayed on the bridgeheads of the pontoons or on the individual Basin notice boards.
5. Moorers are only permitted to undertake small running repairs to their vessels – should work be required
to be carried out by a contractor, the contractor must first be registered with the Marina Office (see
Clause 1 of Special Conditions).
6. Painting is strictly prohibited whilst moored within the marina basins.
7. The area around the Owner’s Vessel must be kept neat and tidy with no objects or cables/hoses to be
left on the pontoons.
8. All fuel cans must be stored in a safe manner out of the reach of children.
9. Re-fuelling of vessels from cans or other such equipment is strictly prohibited within the marina other
than on the specified re-fuelling pontoons.
10. All general waste must be disposed of in the correct manner and in the receptacles provided. Recycling
bins are available and must only be used for suitable recyclable material as displayed on the receptacles.
11. All other waste not considered household waste must not be left within the marina or disposed of in the
bins. Waste of this kind must be removed from site. This includes but is not limited to; appliances of any
kind; mattresses/pillows; toilets (including Elsans); fenders.
12. All waste oil must be placed in the waste oil tank in the Basin A car park. The key to use this facility may
be obtained from the marina office. Waste oil receptacles must not be left anywhere on-site, including
next to the waste oil tank. These must be removed from site.
13. All waste batteries must be removed from the site and disposed of in a safe manner.
14. Waste/fuel must never be discharged into the water.
15. Sewage must never be discharged into the water. Pump out and Elsan disposal points are located within
the marina.
16. Illegal substances / items are strictly prohibited from the Marina Premises.
17. No part of any vessel may overhang a walkway (including anchors / bow sprits / davits etc.) Pontoons
and walkways must be kept clear of gear, including dinghies and skiffs, at all times.
18. The use of bicycles and scooters (including the electric kind) is not permitted on the pontoons.
19. All accidents – either to a person or to other Vessels – must be reported to the Marina Office in the first
instance.
20. If you see anything that you feel is a danger to you or your fellow moorers – please report the facts to
the Marina Office as soon as possible.
I, _____________________________ (full name) of ___________________ (boat name), confirm that I have
been provided with, read and understood Shepperton Marina’s Terms and Conditions of Berthing.
(Please initial in the boxes below next to each ‘condition’ to confirm your understanding and agreement):
General Conditions – Termination by Owner – 10.1
An Annual Licence may be terminated on 16 weeks’ written notice by the Owner to the Company. A six-month
Licence may be terminated on 8 weeks’ written notice by the Owner to the Company.
Mooring contracts for periods of less than six-months are non-refundable.
General Rules – Storage – 13.1
Dinghies, tenders and rafts shall be stowed aboard the vessel unless the Company allocates a separate berth
for them.
General Rules – Marina & Premises Regulations – 15.1.2
Owners shall refuel only at the designated fuelling berth and are to vacate the berth once the fuelling operation
is completed. Where fuel is to be transferred in portable containers, the Company reserves the right to refuse
the use of any container deemed unfit for purpose.
Special Conditions – Residential – 12(a
Under no circumstances shall boats be used for permanent residential purposes. The Company reserves the
right to request a copy of the Owner’s current council tax bill to verify the residency status of the Owner or
Occupier, whenever required.
Special Conditions – Sale of Boats – 14
The Licensee shall, in the event of a private sale of this boat, declare to the Company the gross sale price and
remit to the Company upon demand access commission calculated at 1% of the gross sale price plus VAT
upon completion.
Special Conditions – Subletting – 15
The subletting of moorings and boats is strictly prohibited. Additionally, in the interest of security, no boat may
be used at any time by any person other than the licensee or his immediate family except by prior arrangement
with the Company.
PLEASE NOTE: ANY BREACH OF THE TERMS AND CONDITIONS MAY RESULT IN YOUR MOORING CONTRACT BEING TERMINATED IMMEDIATELY WITHOUT A REFUND FOR ANY REMAINING CONTRACT PERIOD
Privacy Policy
At Shepperton Marina and Boat Showrooms, we take your privacy seriously and this privacy statement explains what personal data or informaon we collect from you and from people who visit our website and how we use it.
Who are we?
Shepperton Marina Ltd is a registered company 1087117, our registered office address is 21-27 Lamb’s Conduit Street, London, WC1N 3GS. For the purposes of Data Protecon Shepperton Marina Ltd, is a registered data controller ICO registraon number Z2266294.
What personal data or informaon do we collect?
The personal informaon we collect may include your name, address, email address, IP address and informaon regarding what pages you access on this website and when. Video footage collected via CCTV across the marina, including marina office, marina services office, and workshop.
How do we collect data or informaon from you?
1. Make an enquiry via our website via the telephone via the Linssen factory or exhibions.
2. Use our website.
3. Take part in a prize draw or compeon.
4. When you choose to receive news, updates or press releases.
5. Enquire about a job opportunity.
6. Work for or with the marina or sales office.
7. Supplier Contracts, Contacts, and Invoices.
8. Exchange business cards with a member of the marina or sales office.
9. Buy ancillary services such as fuel, yard services and training courses.
10. CCTV covering the marina, marina office, marina services office and workshop.
11. Via Body Cams worn by Shepperton marina Staff and Night Watchman.
How is your informaon used?
1. We collect your personal data or informaon to operate our marina and sales offices
effecvely and provide you with the best informaon on our products and services. We may
use your informaon to:
2. To administer your mooring contract.
3. To answer enquiries that you make before any agreement or contract.
4. To keep you informed about our services, river condions, and invitaons to events, if you
have opted-in to receive these communicaons.
5. To process payment(s) for ancillary services such as fuel sales and marina yard services.
6. To process a job applicaon
7. To fulfil our obligaons as an employer
8. To provide benefits to you as an employee
9. To maintain the security of our office and IT infrastructure
10. To invoice you, and to track payments you make or payments made to you
11. Video footage (Body Cam/CCTV) will be used to provide evidence in the instances of:
a) Breach of Terms and Condions
b) Criminal behaviour
c) Request for footage by Authories (Subject Access Request Required)
We believe that all these purposes are jusfied based on our legimate interests in running and
promong the marina and sales offices, our contractual requirements to deliver the agreed services
to you, and our legal obligaons, both as a Marina operator and responsible employer. If you would
like to know more, please read below:
1. Berth Holders
2. Prospecve Berth holders
3. Visitors
4. New Boat Sale Customers
5. Brokerage Boat Sale Customers
6. Job Applicants
7. Our Current and Former Employees
8. Contractors working directly for berth holders.
9. Suppliers
10. Fuel and Yard Services customers
Details of our Processing | Type of Data Held | Length of Time Held | How Data is Held
Berth Holders
1. Name and contact informaon.
2. Emergency contact details.
3. Informaon and documents relang to the
services we are providing, including communicaons with you.
4. Billing and payment informaon.
5. Informaon relang to the vessel (s) you have moored in the marina.
6. Informaon about vehicles vising the site
7. Details of vessel insurance
8. CCTV Footage from within the marina, marina office, marina services office.
9. Bodycam footage as worn by staff members, namely dock masters and the night watchmen.
We will retain informaon about you for the duraon of your mooring contract with us, then for an addional 6 years. We retain financial records for 6 years, following the end of the current financial year. CCTV Footage is retained for 21 days unless formerly requested by an authorised party. Data is stored in Harbour Assist and Xero which are hosted in secure servers or cloudbased within the EEA. Limited Data is store in Rolec Services Smart Master Prepayment System for those customers buying electricity which is hosted in secure servers or cloud-based within the EEA.
Bodycam footage is retained for a maximum of 60 days unless formerly requested by an authorised party. Limited Data is stored in Meter Macs Electricity portal for those customers who use this system to pay for electricity which is hosted in secure servers or cloudbased within the EEA. Limited data is stored on Paxton Net2 Access Control UK which is hosted in secure servers or cloud-based within the EEA.
Prospecve
Berth Holders
1. Name and contact informaon
2. Informaon and documents relang to the services we are providing, including communicaons with you.
3. Current mooring details.
4. Informaon relang to the vessel (s) proposed.
5. CCTV Footage from within the marina, marina office, marina services office.
6. Bodycam footage as worn by staff members, namely dock masters and the night watchmen.
We will retain informaon about you for the duraon of the enquiry, then a further two years. CCTV Footage is retained for 21 days unless formerly requested by an authorised party. Bodycam footage is retained for a maximum of 60 days unless formerly requested by an authorised party.
Data is stored in computer-held records which are password controlled. Data waing to be uploaded may be stored in locked filing cabinets.
Visitors
1. Name and contact informaon.
2. Informaon and documents relang to the services we are providing, including communicaons with you.
3. Billing and payment informaon. We will retain informaon about you for the duraon of your mooring contract with us, then for an addional 6 years. We retain financial records for 6 years, following the end of Data is stored in Harbour Assist and Xero which are hosted in secure servers or cloudbased within the EEA.
4. Informaon relang to the vessel (s) you have moored in the marina.
5. CCTV Footage from within the marina, marina office, marina services office.
6. Bodycam footage as worn by staff members, namely dock masters and the night watchmen. the current financial year. CCTV Footage is retained for 21 days unless formerly requested by an authorised party. Bodycam footage is retained for a maximum of 60 days unless formerly requested by an authorised party.
New Boat Sales Customers
1. Name and contact informaon.
2. Informaon and documents relang to the services we are providing, including communicaons with you.
3. Billing and payment informaon.
4. Informaon relang to the vessel (s) being transacted.
5. Informaon relang to current vessel (s).
6. CCTV Footage from within the marina, marina office, marina services office.
7. Bodycam footage as worn by staff members, namely dock masters and the night watchmen.
We will retain informaon about you for the duraon of your sales contract with us, then for an addional 6 years.
We retain financial records for 6 years, following the end of the current financial year. We retain copies of Bills of Sale relang to the vessel and a copy of the original VAT receipt indefinitely. CCTV Footage is retained for 21 days unless formerly requested by an authorised party. Bodycam footage is retained for a maximum of 60 days unless formerly requested by an authorised party. Data is stored in computer-held records which are password controlled. Data waing to be uploaded may be stored in locked filing cabinets. Data is also stored in Xero and Harbour Assist which are hosted in secure servers or cloudbased within the EEA.
Brokerage Boat Sales
1. Name and contact informaon.
2. Informaon and documents relang to the services we are providing, including communicaons with you.
3. Billing and payment informaon.
4. Informaon relang to the vessel (s) being sold. We will retain informaon about you for the duraon of your brokerage contract with us, and then for an addional 6 years. We retain financial records for 6 years, following the end of the current financial year.
We retain copies of Bills of Sale relang to the vessel and a copy of the original VAT receipt indefinitely. CCTV Footage is retained for 21 days unless formerly requested by an authorised party. Bodycam footage is retained for a maximum of 60 days unless formerly requested by an authorised party. Data is stored in computer-held records which are password controlled. Data waing to be uploaded may be stored in locked filing cabinets. Data is also stored in Xero and Harbour Assist which are hosted in secure servers or cloudbased within the EEA.
Job Applicants
1. Name and contact informaon
2. CV and applicaon form.
We will retain informaon about you for the duraon of the recruitment campaign, then one year. Data is stored in computer-held records which are password controlled. Data waing to be uploaded may be stored in locked filing cabinets.
Current and Former Employees
1. Name, date of birth, and contact informaon
2. Naonal insurance number and Unique Tax Reference (UTR)
3. Informaon relang to your qualificaons, experience and training.
4. Informaon relang to performance reviews & disciplinary acons.
5. Tax and Pension Records
6. Absence Records
7. Copies of photographic idenficaon
8. Payment details.
Next of Kin details
We will retain informaon about you for the duraon of our contractual. Data is also stored in Xero which is hosted in secure servers or
relaonship with you, then for an addional 6 years.
CCTV Footage is retained for 21 days unless formerly requested by an authorised party. Bodycam footage is retained for a maximum of 60 days unless formerly requested by an authorised party. cloud-based within the EEA. Data is stored in Croner Simplify, a hosted UK-based server which is password-controlled.
Contractors Working Directly for Berth Holders
1. Name and contact informaon.
2. Insurance details
3. Risk Assessments
4. Details of the vessel being worked on
5. Billing and payment informaon.
6. Informaon about vehicles vising the site
We will retain informaon about you for the duraon of your contract with us, then for an addional 6 years. We retain financial records for 6 years, following the end of the current financial year. CCTV Footage is retained for 21 days unless formerly requested by an authorised party. Bodycam footage is retained for a maximum of 60 days unless formerly requested by an authorised party. Data is stored in computer-held records which are password controlled. Data waing to be uploaded may be stored in locked filing cabinets.
Data is also stored in Xero and Harbour Assist which are hosted in secure servers or cloudbased within the EEA.
Suppliers
1. Contact details
2. Bank details
3. Descripon of goods and services purchased.
We retain financial records for 6 years, following the end of the current financial year. Data is stored in computer-held records which are password controlled. Data is also stored in Xero which is hosted in secure servers or cloud-based within the EEA.
Fuel and Yard Services Customers
1. Name and contact informaon.
2. Informaon and documents relang to the
services we are providing, including communicaons with you.
3. Informaon relang to the vessel (s) you have moored in the marina.
4. Billing and payment informaon.
5. Purpose of fuel use.
We retain informaon about you for one year aer your last visit.
We retain financial records for 6 years, following the end of the current financial year. CCTV Footage is retained for 21 days unless formerly requested by an authorised party. Bodycam footage is retained for a maximum of 60 days unless formerly requested by an authorised party. Data is stored in computer-held records which are password controlled. Data waing to be uploaded may be stored in locked filing cabinets. Data is also stored in Xero and Harbour Assist which are hosted in secure servers or cloudbased within the EEA.
Newsleers
We use a third-party provider, Outlook, to deliver our newsleers and invitaons as well as Harbour Assist which has an internal communicaon programme. As a recipient, you can manage which electronic communicaons you receive from us and can unsubscribe at any me.
Emailing us
We use Transport Layer Security (TLS) to encrypt and protect email traffic in line with government standards. If your email service does not support TLS, you should be aware that any emails we send or receive may not be protected in transit.
We will also monitor any emails sent to us, including file aachments, for viruses or malicious soware. Please be aware that you have a responsibility to ensure that any email you send is within the bounds of the law.
Who has access to your informaon?
We do not sell or rent your personal data or informaon to any third party or share your informaon with third pares for their markeng purposes. We will disclose your data or informaon if required by law, for example by a court order or for the prevenon of fraud or other crime. We may pass your informaon on to our third-party service providers, agents or subcontractors to complete a task or provide services to you on our behalf. However, we disclose only the personal informaon necessary to deliver that service and have a contract in place that requires them to keep your informaon secure and not to use it for markeng purposes.
Third-party service providers who act as data processors on our behalf:
1. Redsquid Ltd. The IT support services to Shepperton Marina Ltd. and at mes may be required to access our systems for maintenance, upgrade and support services They cannot use the data we hold for their own purposes.
2. Secureassist Security Systems Ltd. The Security Company to Shepperton Marina Ltd. Who monitor the CCTV Footage, out of hours and access Net2 for maintenance, upgrade and support services. They cannot use the data we hold for their own purposes.
Transfers outside of the European Economic Area
Your personal informaon in the European Economic Area (EEA) is protected by data-protecon laws, but other countries do not necessarily protect your personal informaon in the same way. The EEA covers all countries in the EU plus Norway, Liechtenstein and Iceland. Shepperton Marina Ltd reserves the right to use online tools which host data outside of the EEA. Before selecng such tools, we review their privacy policy and check that the company is signed up to the EU-US Privacy Shield agreement. Companies who have signed up to this agreement commit to securing personal data in line with EU data protecon legislaon.
Keeping your data secure
When you give us personal informaon we take steps to ensure that it’s treated securely and strive to protect it on our internal systems.
Your rights
You have certain rights over the processing of your personal informaon by Shepperton Marina Ltd.
These are:
1. The right to be informed, which is what this privacy policy is for
2. The right to access the data we hold about you
3. The right to object to direct markeng
4. The right to object to processing carried out based on legimate interests
5. The right to erasure (in some circumstances)
6. The right to data portability
7. The right to have your data recfied if it is inaccurate
8. The right to have your data restricted or blocked from processing
How you can update your informaon
The accuracy of your informaon is important to us. If you change your contact details or if you want to update any of the informaon we hold on you, please contact us by emailing office@sheppertonmarina.co.uk, enquiries@sheppertonmarina.co.uk, broker@boatshowrooms.co.uk, linssensales@boatshowrooms.com or by post at Shepperton Marina Ltd, Felix Lane, Shepperton, Middlesex, TW17 8NS. Alternavely, you can telephone us on 01932 243722.
How you can access your personal informaon
You have the right to ask for a copy of the personal informaon Shepperton Marina Ltd holdsrelang to you. To do this please contact us by email please contact us by email office@sheppertonmarina.co.uk, enquiries@sheppertonmarina.co.uk, broker@boatshowrooms.co.uk, linssensales@boatshowrooms.com or by post at Shepperton Marina Ltd, Felix Lane, Shepperton, Middlesex, TW17 8NS. Alternavely, you can telephone us on 01932 243722. You also have the right to complain about our processing of your personal data with the UK’s Informaon Commissioner’s Office.
Changes to this privacy noce
We keep our privacy noce under regular review. This privacy noce was last updated on 19th of December 2023.
TERMS OF USE:
This page (together with the documents referred to in it) tells you the terms of use on which you may make use of the site whether as an authorised customer or a guest of an authorised customer. Please read these terms of use carefully before you start to use the site. By using the site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the site.
ACCESSING THE SITE
Access to the site is permitted on a temporary basis, and Sussex Yacht Club reserves the right to withdraw or amend the services provided on the site without notice (see below). Sussex Yacht Club and associate will not be liable if for any reason the site is unavailable at any time or for any period. From time to time, Sussex Yacht Club may restrict access to some parts of the site, or the entire site, to users.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. Sussex Yacht Club has the right to disable any user identification code or password, whether chosen by you or allocated by Sussex Yacht Club, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
When using the site, you must comply with all ‘Terms of Use’ as detailed in this document.
You are responsible for making all arrangements necessary for you to have access to the site. You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
The site is powered by Meter Macs Ltd; the owner, author and the licensee of all intellectual property rights in the site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the site for your personal reference, you will be held liable for any and all damages resulting from the misuse of the site; by you or your agents.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on the site must always be acknowledged.
You must not use any part of the materials on the site for commercial purposes without obtaining a license to do so from Sussex Yacht Club or their licensors.
If you print off, copy or download any part of the site in breach of these terms of use, your right to use the site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the site are not intended to amount to advice on which reliance should be placed. Sussex Yacht Club therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the site, or by anyone who may be informed of any of its contents.
WEBSITE UPDATES
Sussex Yacht Club aims to update the site regularly, and may change the content at any time. If the need arises, Sussex Yacht Club may suspend access to the site, or close it indefinitely. Any of the material on the site may be out of date at any given time, and Sussex Yacht Club is under no obligation to update such material.
LIABILITY
While Sussex Yacht Club will use reasonable efforts to ensure that the site is accurate and up-to-date, the material displayed is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, Sussex Yacht Club hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use the site, any websites linked to them and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
Sussex Yacht Club and associate will process information about you in accordance with Sussex Yacht Club’s privacy policy. By using the site, you consent to such processing and you warrant that all data provided by you is accurate.
UPLOADING MATERIAL TO THE SITE
Whenever you make use of a feature that allows you to upload material to the site, or to make contact with other users of the site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify Sussex Yacht Club for any breach of that warranty.
Any material you upload to the site will be considered non-confidential and non-proprietary, and Sussex Yacht Club has the right to use, copy, distribute and disclose to third parties any such material for any purpose. Sussex Yacht Club and associate also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the site constitutes a violation of their intellectual property or proprietary rights, or of their right to privacy.
Sussex Yacht Club will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the site.
Sussex Yacht Club has the right to remove any material or posting you make on the site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Sussex Yacht Club will report any such breach to the relevant law enforcement authorities and Sussex Yacht Club will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the site will cease immediately.
Sussex Yacht Club and Associate will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any material posted on them, or on any website linked to them.
LINKING TO THE SITE
You may link to the home site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
The site must not be framed on any other site, nor may you create a link to any part of the site other than the home page. Sussex Yacht Club and associate reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on the site other than that set out above, please address your request via the home site.
LINKS FROM THE SITE
Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only. Unless expressly stated Sussex Yacht Club has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the site. These terms of use are governed by English law.
VARIATIONS
Sussex Yacht Club may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes Sussex Yacht Club made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the site.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and Sussex Yacht Club under which you may access Sussex Yacht Club’s websites. This acceptable use policy applies to all users of, and visitors to, the site. Your use of the site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement Sussex Yacht Club’s general terms of website use.
PROHIBITED USES
You may use the site only for lawful purposes. You may not use the site:
• In any way that breaches any applicable local, national or international law or regulation.
•In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
•For the purpose of harming or attempting to harm minors in any way.
•To send, knowingly receive, upload, download, use or re-use any material which does not comply
with Sussex Yacht Club’s content standards.
•To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional
material or any other form of similar solicitation (spam).
•To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
•Not to reproduce, duplicate, copy or re-sell any part of the site in contravention of the provisions of
Sussex Yacht Club’s general terms of website use.
•Not to access without authority, interfere with, damage or disrupt:- any part of the site; any equipment or network on which the site is stored; any software used in the provision of the site; or any equipment or network or software owned or used by any third party.
INTERACTIVE SERVICES
Sussex Yacht Club may from time to time provide interactive services on the site. Where Sussex Yacht Club provides any interactive service, Sussex Yacht Club will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical)
Sussex Yacht Club will do its best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the site, and Sussex Yacht Club will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, Sussex Yacht Club are under no obligation to oversee, monitor or moderate any interactive service Sussex Yacht Club provides on the site, and expressly exclude Sussex Yacht Club’s liability for any loss or damage arising from the use of any interactive service by a user in contravention of Sussex Yacht Club’s content standards, whether the service is moderated or not.
The use of any of Sussex Yacht Club’s interactive services by a minor is subject to the consent of their parent or guardian. Sussex Yacht Club advises parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
CONTENT STANDARDS
These content standards apply to any and all material which you contribute to the site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
•Be accurate (where they state facts).
•Be genuinely held (where they state opinions).
•Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
•Contain any material which is defamatory of any person.
•Contain any material which is obscene, offensive, hateful or inflammatory.
•Promote sexually explicit material.
•Promote violence.
•Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
•Infringe any copyright, database right or trade mark of any other person.
•Be likely to deceive any person.
•Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of
confidence.
•Promote any illegal activity.
•Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless
anxiety.
•Be likely to harass, upset, embarrass, alarm or annoy any other person.
•Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
•Give the impression that they emanate from Sussex Yacht Club or associate, if this is not the case.
•Advocate, promote or assist any unlawful act such as (by way of example only) copyright
infringement or computer misuse.
SUSPENSION AND TERMINATION
Sussex Yacht Club will determine, at Sussex Yacht Club’s discretion, whether there has been a breach of this acceptable use policy through your use of the site. When a breach of this policy has occurred, Sussex Yacht Club may take such action as Sussex Yacht Club deems appropriate. Failure to comply with this acceptable use policy constitutes a material breach of the general terms of website use upon which you are permitted to use the site, and may result in our taking all or any of the following actions:
•Immediate, temporary or permanent withdrawal of your right to use the site.
•Immediate, temporary or permanent removal of any posting or material uploaded by you to the site.
•Issue of a warning to you.
•Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
•Further legal action against you.
•Disclosure of such information to law enforcement authorities as Sussex Yacht Club reasonably feel is necessary.
•Sussex Yacht Club exclude liability for actions taken in response to breaches of this acceptable use policy.
• The responses described in this policy are not limited, and Sussex Yacht Club may take any other action Sussex Yacht Club reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
Sussex Yacht Club may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes Sussex Yacht Club make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on Sussex Yacht Club’s sites.
SUPPLY OF ELECTRICITY – CONDITIONS OF USE
1.An electrical supply is only available to boats authorised by Sussex Yacht Club and where the boat owner has a pre-paid balance in their account with Sussex Yacht Club.
2.Sussex Yacht Club cannot guarantee a constant supply and Sussex Yacht Club make no assurance as to the suitability of the vessel to accept the supply, it being the responsibility of the owner to assess the vessel’s suitability.
3.Sussex Yacht Club accepts no responsibility for loss or damage arising out of the supply or its termination.
4.Sussex Yacht Club may revise these conditions of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes Sussex Yacht Club make which are binding on you.
TERMS OF USE:
This page (together with the documents referred to in it) tells you the terms of use on which you may make use of the site whether as an authorised customer or a guest of an authorised customer. Please read these terms of use carefully before you start to use the site. By using the site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the site.
ACCESSING THE SITE
Access to the site is permitted on a temporary basis, and Sussex Yacht Club reserves the right to withdraw or amend the services provided on the site without notice (see below). Sussex Yacht Club and associate will not be liable if for any reason the site is unavailable at any time or for any period. From time to time, Sussex Yacht Club may restrict access to some parts of the site, or the entire site, to users.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. Sussex Yacht Club has the right to disable any user identification code or password, whether chosen by you or allocated by Sussex Yacht Club, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
When using the site, you must comply with all ‘Terms of Use’ as detailed in this document.
You are responsible for making all arrangements necessary for you to have access to the site. You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
The site is powered by Meter Macs Ltd; the owner, author and the licensee of all intellectual property rights in the site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the site for your personal reference, you will be held liable for any and all damages resulting from the misuse of the site; by you or your agents.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on the site must always be acknowledged.
You must not use any part of the materials on the site for commercial purposes without obtaining a license to do so from Sussex Yacht Club or their licensors.
If you print off, copy or download any part of the site in breach of these terms of use, your right to use the site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the site are not intended to amount to advice on which reliance should be placed. Sussex Yacht Club therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the site, or by anyone who may be informed of any of its contents.
WEBSITE UPDATES
Sussex Yacht Club aims to update the site regularly, and may change the content at any time. If the need arises, Sussex Yacht Club may suspend access to the site, or close it indefinitely. Any of the material on the site may be out of date at any given time, and Sussex Yacht Club is under no obligation to update such material.
LIABILITY
While Sussex Yacht Club will use reasonable efforts to ensure that the site is accurate and up-to-date, the material displayed is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, Sussex Yacht Club hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use the site, any websites linked to them and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
Sussex Yacht Club and associate will process information about you in accordance with Sussex Yacht Club’s privacy policy. By using the site, you consent to such processing and you warrant that all data provided by you is accurate.
UPLOADING MATERIAL TO THE SITE
Whenever you make use of a feature that allows you to upload material to the site, or to make contact with other users of the site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify Sussex Yacht Club for any breach of that warranty.
Any material you upload to the site will be considered non-confidential and non-proprietary, and Sussex Yacht Club has the right to use, copy, distribute and disclose to third parties any such material for any purpose. Sussex Yacht Club and associate also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the site constitutes a violation of their intellectual property or proprietary rights, or of their right to privacy.
Sussex Yacht Club will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the site.
Sussex Yacht Club has the right to remove any material or posting you make on the site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Sussex Yacht Club will report any such breach to the relevant law enforcement authorities and Sussex Yacht Club will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the site will cease immediately.
Sussex Yacht Club and Associate will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any material posted on them, or on any website linked to them.
LINKING TO THE SITE
You may link to the home site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
The site must not be framed on any other site, nor may you create a link to any part of the site other than the home page. Sussex Yacht Club and associate reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on the site other than that set out above, please address your request via the home site.
LINKS FROM THE SITE
Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only. Unless expressly stated Sussex Yacht Club has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the site. These terms of use are governed by English law.
VARIATIONS
Sussex Yacht Club may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes Sussex Yacht Club made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the site.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and Sussex Yacht Club under which you may access Sussex Yacht Club’s websites. This acceptable use policy applies to all users of, and visitors to, the site. Your use of the site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement Sussex Yacht Club’s general terms of website use.
PROHIBITED USES
You may use the site only for lawful purposes. You may not use the site:
• In any way that breaches any applicable local, national or international law or regulation.
•In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
•For the purpose of harming or attempting to harm minors in any way.
•To send, knowingly receive, upload, download, use or re-use any material which does not comply
with Sussex Yacht Club’s content standards.
•To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional
material or any other form of similar solicitation (spam).
•To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
•Not to reproduce, duplicate, copy or re-sell any part of the site in contravention of the provisions of
Sussex Yacht Club’s general terms of website use.
•Not to access without authority, interfere with, damage or disrupt:- any part of the site; any equipment or network on which the site is stored; any software used in the provision of the site; or any equipment or network or software owned or used by any third party.
INTERACTIVE SERVICES
Sussex Yacht Club may from time to time provide interactive services on the site. Where Sussex Yacht Club provides any interactive service, Sussex Yacht Club will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical)
Sussex Yacht Club will do its best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the site, and Sussex Yacht Club will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, Sussex Yacht Club are under no obligation to oversee, monitor or moderate any interactive service Sussex Yacht Club provides on the site, and expressly exclude Sussex Yacht Club’s liability for any loss or damage arising from the use of any interactive service by a user in contravention of Sussex Yacht Club’s content standards, whether the service is moderated or not.
The use of any of Sussex Yacht Club’s interactive services by a minor is subject to the consent of their parent or guardian. Sussex Yacht Club advises parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
CONTENT STANDARDS
These content standards apply to any and all material which you contribute to the site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
•Be accurate (where they state facts).
•Be genuinely held (where they state opinions).
•Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
•Contain any material which is defamatory of any person.
•Contain any material which is obscene, offensive, hateful or inflammatory.
•Promote sexually explicit material.
•Promote violence.
•Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
•Infringe any copyright, database right or trade mark of any other person.
•Be likely to deceive any person.
•Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of
confidence.
•Promote any illegal activity.
•Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless
anxiety.
•Be likely to harass, upset, embarrass, alarm or annoy any other person.
•Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
•Give the impression that they emanate from Sussex Yacht Club or associate, if this is not the case.
•Advocate, promote or assist any unlawful act such as (by way of example only) copyright
infringement or computer misuse.
SUSPENSION AND TERMINATION
Sussex Yacht Club will determine, at Sussex Yacht Club’s discretion, whether there has been a breach of this acceptable use policy through your use of the site. When a breach of this policy has occurred, Sussex Yacht Club may take such action as Sussex Yacht Club deems appropriate. Failure to comply with this acceptable use policy constitutes a material breach of the general terms of website use upon which you are permitted to use the site, and may result in our taking all or any of the following actions:
•Immediate, temporary or permanent withdrawal of your right to use the site.
•Immediate, temporary or permanent removal of any posting or material uploaded by you to the site.
•Issue of a warning to you.
•Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
•Further legal action against you.
•Disclosure of such information to law enforcement authorities as Sussex Yacht Club reasonably feel is necessary.
•Sussex Yacht Club exclude liability for actions taken in response to breaches of this acceptable use policy.
• The responses described in this policy are not limited, and Sussex Yacht Club may take any other action Sussex Yacht Club reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
Sussex Yacht Club may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes Sussex Yacht Club make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on Sussex Yacht Club’s sites.
SUPPLY OF ELECTRICITY – CONDITIONS OF USE
1.An electrical supply is only available to boats authorised by Sussex Yacht Club and where the boat owner has a pre-paid balance in their account with Sussex Yacht Club.
2.Sussex Yacht Club cannot guarantee a constant supply and Sussex Yacht Club make no assurance as to the suitability of the vessel to accept the supply, it being the responsibility of the owner to assess the vessel’s suitability.
3.Sussex Yacht Club accepts no responsibility for loss or damage arising out of the supply or its termination.
4.Sussex Yacht Club may revise these conditions of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes Sussex Yacht Club make which are binding on you.
Refund policy
Privacy Policy
This policy (together with Sussex Yacht Club’s general terms of website use and any other documents referred to in it) sets out the basis on which any personal data Sussex Yacht Club collect from you, or that you provide to Sussex Yacht Club, will be processed by Sussex Yacht Club. Please read the following carefully to understand Sussex Yacht Club’s views and practices regarding your personal data and how Sussex Yacht Club will treat it.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Sussex Yacht Club.
IP ADDRESSES AND COOKIES
Sussex Yacht Club may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about the users’ browsing actions and patterns, and does not identify any individual.
For the same reason, Sussex Yacht Club may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of Sussex Yacht Club’s site. Unless you have adjusted your browser setting so that it will refuse cookies, Sussex Yacht Club’s system may issue cookies when you log on to the site. Please note that third parties to whom Sussex Yacht Club provide links from the site may also use cookies, over which Sussex Yacht Club have no control.
WHERE SUSSEX YACHT CLUB STOREs YOUR PERSONAL DATA
The data that Sussex Yacht Club collect from you is stored within the European Economic Area. Sussex Yacht Club will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to Sussex Yacht Club is stored on Sussex Yacht Club’s secure servers or on secure servers hosted by third parties with which Sussex Yacht Club have a contractual arrangement to provide website hosting services. Any payment transactions will be encrypted using SSL technology. Where Sussex Yacht Club has given you (or where you have chosen) a password which enables you to access certain parts of Sussex Yacht Club’s sites, you are responsible for keeping this password confidential. Sussex Yacht Club asks you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Sussex Yacht Club will do its best to protect your personal data, Sussex Yacht Club cannot guarantee the security of your data transmitted to the site; any transmission is at your own risk. Once Sussex Yacht Club has received your information, Sussex Yacht Club will use strict procedures and security features to try to prevent unauthorised access.
YOUR PERSONAL DATA
Information held about you may be used in the following ways:
• To ensure that content from the site is presented in the most effective manner for you and for your computer.
• To carry out Sussex Yacht Club’s obligations arising from any contracts entered into.
• To allow you to participate in interactive features of Sussex Yacht Club’s services, when you choose to do so.
• To notify you about changes to Sussex Yacht Club’s services.
• To administer any berth or mooring agreements that you may have with Sussex Yacht Club.
DISCLOSURE OF YOUR INFORMATION
Sussex Yacht Club may disclose your personal information to third parties if required under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply Sussex Yacht Club’s general website terms of use, or to protect the rights, property, or safety of Sussex Yacht Clubs, its customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
YOUR RIGHTS
You have the right to ask Sussex Yacht Club not to process your personal data for marketing purposes. Sussex Yacht Club will usually inform you (before collecting your data) if Sussex Yacht Club intends to use your data for such purposes or if Sussex Yacht Club intends to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms Sussex Yacht Club uses to collect your data. You can also exercise the right at any time by contacting
Our site may, from time to time, contain links to and from the websites of partner networks and advertisers. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that Sussex Yacht Club does not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £25 to meet our costs in providing you with details of the information Sussex Yacht Club hold about you.
CHANGES TO OUR PRIVACY POLICY
Any changes Sussex Yacht Club may make to our privacy policy in the future will be notified to you.
COOKIE POLICY
Cookies are small text files used by internet browsers to store small bits of information about a device or computer, such as preferred settings or preferred languages. Everyone deserves to know when files are to be stored on equipment that they own, and when information about them may be stored and used. Read on to find out how Sussex Yacht Club use cookies. Our website may store a number of different cookies on the computer or device that you use to access our website. Cookies do not take up much space (unless you have thousands of them) and cannot contain viruses or other harmful code. The site will never use cookies that can track your behaviour across multiple websites.
YOUR CONCERNS
If you have any concerns about material which appears on the site, please contact Sussex Yacht Club
Thank you for visiting the site.
Sutton Harbour Marina
Guys Quay House
Sutton Harbour
Plymouth
PL4 0ES
Terms and Conditions for the purchase of electricity and use of the payment portal
PRICE EFFECTIVE FROM 3rd October 2024
Electricity prices for Sutton Harbour Marina were updated from 3rd October 2024 to the following rates:
Kwh charge – 29.206 pence ex VAT (£0.30666 pence inclusive of VAT at 5%)
Standing charge – 27.778 pence per day ex VAT (£0.333 pence inclusive of VAT at 20%)
1) Acknowledgement
a) By using one of Sutton Harbour Marina’s Smart Meter Electric Service Points to which these Terms and Conditions apply, you acknowledge that you have read and understood these Terms and Conditions, and that you agree to be bound by them.
b) If you do not agree to be bound by these Terms and Conditions, you must not use the Smart Meter Electric Service Point and you must not actively or passively prevent or obstruct any other vessel from having access to the service point.
2) Your Obligations
a) You agree to make all reasonable efforts to ensure that you follow the instructions that are provided with regard the use of service points. These instructions may change at any time, and it is your responsibility to make sure that you follow the instructions at the time you use the Smart Meter Electric Service Point.
b) Connectors and cables required to use the Smart Meter Electric Service Points are not supplied by Sutton Harbour Marina. You will be required to supply your own connectors and cables when using the Smart Meter Electric Service Point and shall ensure that such lead is used in a safe and secure manner. You shall only use connectors and cables that are regularly inspected and meet the required UK government approved standards.
c) You agree to pay the amount as stated on the MeterMACS portal for a Smart Meter Electric Service Point which provides for payment on the Smart Meter Portal.
d) You agree not to use one of the Smart Meter Electric Service Points in a way that will put the Smart Meter Electric Service Point, you, any other person, or any vessel at unnecessary risk.
e) You acknowledge that the Smart Meter Electric Service Points will not be supervised and that you will use them at your own risk.
f) In the case of an emergency Sutton Harbour Marina can withdraw power on the grounds of safety.
g) If there are any faults or you have any issues with any of the Smart Meter Electric Service Points, please contact the Marina Office.
3)Your liability to Sutton Harbour Marina
a) You may be liable to Sutton Harbour Marina because of any direct loss or damage that Sutton Harbour Marina or one of our Smart Meter Electric Service Points may suffer as a result of you using or having used one of our Smart Meter Electric Service Points negligently.
b) You shall not tamper with or damage Smart Meter Electric Service Point in any way. If you damage the Smart Meter Electric Service Point (including the neglect or fault of any person in relation to your vessel) Sutton Harbour Marina reserves the right to charge you the full daily cost of supplying electricity together with the cost of repairing and re-testing the Smart Meter Electric Service Point.
c) The Company accepts no liability for misuse of electrical leads, sockets, or adaptors.
4) Sutton Harbour Marina Obligations
a) Sutton Harbour Marina will provide the Smart Meter Electric Service Points as we see fit to which must only be used at the Marina in respect of that berth for your vessel. In doing so, we may suspend or refuse access to a Smart Meter Electric Service Point at any time, for any reason.
b) When buying electricity from Sutton Harbour Marina you acknowledge us as an electricity re-seller and is therefore subject to government regulations and guidelines set by Ofgem, the electricity regulator. We will follow Ofgem guidance in calculating charges.
c)You agree that you will use the electricity supply for normal domestic use only and will not use it for any kind of industrial or commercial purpose. You also agree not to sell the electricity on to any third party.
d) Sutton Harbour Marina will test the electricity supply at each berth in accordance with the legal requirements for supplying electricity. This means that you will experience a power outage while this takes place. You will be notified of any such planned power outages via email only. Please note that it is your responsibility to remove or protect any electrical appliances during such electrical checks.
e) We will endeavour to keep the Smart Meter Electric Service Points free from any faults, errors or defects but Sutton Harbour Marina does not guarantee, nor accept any obligation to ensure the availability, compatibility, or performance of any Smart Meter Electric Service Points, nor are we able to guarantee an uninterrupted supply of electricity to the Smart Meter Electric Service Points. If you have equipment that requires a continuous supply, you should ensure that such items are covered under an appropriate insurance policy.
f) Sutton Harbour Marina will take reasonably practicable steps to ensure that the instructions about how to use the Smart Meter Electric Service Point are as clear as Sutton Harbour Marina can practicably make them from the instructions provided, our Marina Office Staff or on the Smart Meter app.
5)Our Liability to you
a) Sutton Harbour Marina shall remain liable for any loss or damage suffered by you or your vessel to the extent that such loss or damage was caused by Sutton Harbour Marinas negligence or breach of these Terms & Conditions, but Sutton Harbour Marina are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
b) Sutton Harbour Marina do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Sutton Harbour Marina’s negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
c) Sutton Harbour Marina is not responsible for any loss or damage incurred by you even if the loss is foreseeable if the loss is:
i) Unexpected. It was not obvious that it would happen, or the loss is not directly linked to the breach (so, in law, the loss was unforeseeable).
ii) Caused by a delaying event outside our control. Sutton Harbour Marina are not responsible for delays outside of their control.
iii) Avoidable. Something you could have avoided by taking reasonable action, including following Sutton Harbour Marina reasonable instructions for use.
iv) A business loss.
6) Account and Payment for Smart Meter Electric Service Points
a) Certain Electric Service Points within the Marina have a smart meter installed (“Smart Meter Electric Service Point”). If you use one of the Smart Meter Electric Service Points you will be required to set up an account with the Smart Meter, to log-in to the website and to make payment in advance for electricity at the rate of charges in force at the Marina from time to time.
b) It is your responsibility to ensure that your account details are correct and up to date. Please refer to the Smart Meter Charging Instructions when using a Smart Meter Electric Service Point.
c) You will be required to pay for your usage in advance via your Smart Meter application which uses the SagePay/Opayo payment gateway. Payments can be made using Visa & Mastercard credit or debit cards. The minimum amount of credit which may be purchased at any time is £10.
d) When registering for a Smart Meter account you will be issued with a username and password. It is your responsibility to keep these secure. Sutton Harbour Marina shall have no liability to you where you have shared your details with a third party or has failed to keep their account secure.
e) Each time you use the electricity we supply, the credits that are registered on your account will be reduced according to the quantity of the usage. When your credit falls below the low balance threshold, the system will email you advising you of low balance. When the credit is used, the electricity will be switched off until further credit is added. If the balance on your Smart Meter account reaches £0, the supply of electricity will automatically be disconnected until such times as you purchase electricity using your Smart account.
f) It is your sole responsibility to log into your account, monitor the balance on your account and to make payment for electricity as and when required from time to time. Sutton Harbour Marina shall have no liability where electricity ceases to be supplied due to your failure to monitor your account and/or make advance payments for electricity.
g) Sutton Harbour Marina shall have no liability for any failure or part failure of the Smart Meter website.
h) If the Smart Meter app fails or fails accurately to register the usage or consumption of electricity for any reason, it is your responsibility to promptly notify Sutton Harbour Marina. In the case of an under-charge, you agree to pay to Sutton Harbour Marina for the amount Sutton Harbour Marina reasonably estimates has been used during the period in question. If there has been an over-charged, Sutton Harbour Marina shall refund to you such amount which in its sole discretion deems reasonable.
i)If you require a refund use the transaction refund process within the website dashboard.
7)Cancellation of your Smart Meter Account
a) You may cancel your account at any time. You may action this request at the Marina Office.
b) Once your account is cancelled, any remaining balance on your account will be refunded back to you. Transaction records will be retained in accordance with UK financial laws.
8)Additional Terms
a) The Privacy Policy forms part of these Terms and Conditions, and in accepting these Terms and Conditions you also accept the terms of the Privacy Policy and give your consent to our use of cookies and the way in which your personal data is handled, which will be in accordance with the Privacy Policy.
b)Sutton Harbour Marina may from time to time review and revise these Terms and Conditions. Any changes to the Terms and Conditions will take effect from the date they appear on the Portal and it is up to you to regularly review the terms and conditions in case there are any changes. Continued use of the Portal after a change has been made is to be treated as acceptance of that change by you.
c)These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
d)Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how Sutton Harbour Marina have handled any complaint, you may want to contact the alternative dispute resolution provider Sutton Harbour Marina use. Sutton Harbour Marina will provide details on request.
See Terms and Conditions
See Terms and Conditions
METER MACS SELF SERVICE PORTAL TERMS AND CONDITIONS
Last updated 13th of October 2022
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Meter Macs Limited, doing business as Meter Macs (“Meter Macs,” “we," “us," or “our”), concerning your access to and use of the https://portal.meter-macs.com/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in the United Kingdom and have our registered office at 820 The Crescent, Colchester Business Park, Colchester, Essex CO4 9YQ. Our VAT number is GB 107 4993 00. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use.
If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non- commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
USER REPRESENTATIONS
By using the Site, you agree and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete.
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary if that option is available to you.
(3) you have the legal capacity, and you agree to comply with these Terms of Use.
(4) you are not a minor in the jurisdiction in which you reside.
(5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
(6) you will not use the Site for any illegal or unauthorized purpose.
(7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse all current or future use of the Site (or any portion thereof).
USER REGISTRATION
You will be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:
•Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
•Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
•Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
•Use any information obtained from the Site in order to harass, abuse, or harm another person. Make improper use of our support services or submit false reports of abuse or misconduct.
•Use the Site in a manner inconsistent with any applicable laws or regulations. Engage in unauthorized framing of or linking to the Site.
•Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
•Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. Delete the copyright or other proprietary rights notice from any Content.
•Attempt to impersonate another user or person or use the username of another user.
•Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms”).
•Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
•Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
•Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
•Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
•Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
•Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
•Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise. Use the Site to advertise or offer to sell goods and services.
•Sell or otherwise transfer your profile.
USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination, or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
SITE MANAGEMENT
We reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms of Use.
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities.
(3) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site.
Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These conditions are governed by and interpreted following the laws of the United Kingdom, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. Meter Macs Limited and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Basildon, which means that you may make a claim to defend your consumer protection rights in regard to these Terms of Use in the United Kingdom, or in the EU country in which you reside.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the United Kingdom.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any
Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and © there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
(a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party.
(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use.
© any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER
The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content, or the content of any websites linked to the site, and we will assume no liability or responsibility for any:
(1) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site,
(2) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
(3) any interruption or cessation of transmission to or from the site,
(4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party,
(5) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, or otherwise made available via the site.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the one (1) month period prior to any cause of action arising. Certain UK laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) use of the Site.
(2) breach of these Terms of Use.
(3) any breach of your representations and warranties set forth in these Terms of Use.
(4) your violation of the rights of a third party, including but not limited to intellectual property rights.
(5) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:
Meter Macs Limited
Unit 1 Bentalls Business Park Basildon, Essex SS143BN
United Kingdom
Phone: 01268533615
support@meter-macs.com
TERMS OF USE:
This page (together with the documents referred to in it) tells you the terms of use on which you may make use of the site whether as an authorised customer or a guest of an authorised customer. Please read these terms of use carefully before you start to use the site. By using the site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the site.
ACCESSING THE SITE
Access to the site is permitted on a temporary basis, and the supplier reserves the right to withdraw or amend the services provided on the site without notice (see below). The supplier and associate will not be liable if for any reason the site is unavailable at any time or for any period. From time to time, the supplier may restrict access to some parts of the site, or the entire site, to users.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. The supplier has the right to disable any user identification code or password, whether chosen by you or allocated by the supplier, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
When using the site, you must comply with all ‘Terms of Use’ as detailed in this document.
You are responsible for making all arrangements necessary for you to have access to the site. You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
The site is powered by Meter Macs Ltd; the owner, author and the licensee of all intellectual property rights in the site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the site for your personal reference, you will be held liable for any and all damages resulting from the misuse of the site; by you or your agents.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on the site must always be acknowledged.
You must not use any part of the materials on the site for commercial purposes without obtaining a license to do so from the supplier or their licensors.
If you print off, copy or download any part of the site in breach of these terms of use, your right to use the site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the site are not intended to amount to advice on which reliance should be placed. The supplier therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the site, or by anyone who may be informed of any of its contents.
WEBSITE UPDATES
The supplier aims to update the site regularly, and may change the content at any time. If the need arises, the supplier may suspend access to the site, or close it indefinitely. Any of the material on the site may be out of date at any given time, and the supplier is under no obligation to update such material.
OUR LIABILITY
While the supplier will use reasonable efforts to ensure that the site is accurate and up-to-date, the material displayed is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, the supplier hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use the site, any websites linked to them and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
The supplier and associate will process information about you in accordance with the supplier’s privacy policy. By using the site, you consent to such processing and you warrant that all data provided by you is accurate.
UPLOADING MATERIAL TO THE SITE
Whenever you make use of a feature that allows you to upload material to the site, or to make contact with other users of the site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify the supplier for any breach of that warranty.
Any material you upload to the site will be considered non-confidential and non-proprietary, and the supplier has the right to use, copy, distribute and disclose to third parties any such material for any purpose. The supplier and associate also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the site constitutes a violation of their intellectual property or proprietary rights, or of their right to privacy.
The supplier will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the site.
The supplier has the right to remove any material or posting you make on the site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. The supplier will report any such breach to the relevant law enforcement authorities and the supplier will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the site will cease immediately.
The Supplier and Associate will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any material posted on them, or on any website linked to them.
LINKING TO THE SITE
You may link to the home site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
The site must not be framed on any other site, nor may you create a link to any part of the site other than the home page. The supplier and associate reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on the site other than that set out above, please address your request via the home site.
LINKS FROM THE SITE
Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only. Unless expressly stated the supplier has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the site. These terms of use are governed by English law.
VARIATIONS
The supplier may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the site.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and the supplier under which you may access the supplier’s websites. This acceptable use policy applies to all users of, and visitors to, the site. Your use of the site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement the supplier’s general terms of website use.
PROHIBITED USES
You may use the site only for lawful purposes. You may not use the site:
• In any way that breaches any applicable local, national or international law or regulation.
•In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
•For the purpose of harming or attempting to harm minors in any way.
•To send, knowingly receive, upload, download, use or re-use any material which does not comply
with the supplier’s content standards.
•To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional
material or any other form of similar solicitation (spam).
•To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
•Not to reproduce, duplicate, copy or re-sell any part of the site in contravention of the provisions of
the supplier’s general terms of website use.
•Not to access without authority, interfere with, damage or disrupt:- any part of the site; any equipment or network on which the site is stored; any software used in the provision of the site; or any equipment or network or software owned or used by any third party.
INTERACTIVE SERVICES
The supplier may from time to time provide interactive services on the site. Where the supplier provides any interactive service, the supplier will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical)
The Supplier will do its best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the site, and the supplier will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, the supplier are under no obligation to oversee, monitor or moderate any interactive service the supplier provides on the site, and expressly exclude the supplier’s liability for any loss or damage arising from the use of any interactive service by a user in contravention of the supplier’s content standards, whether the service is moderated or not.
The use of any of the supplier’s interactive services by a minor is subject to the consent of their parent or guardian. The supplier advises parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
CONTENT STANDARDS
These content standards apply to any and all material which you contribute to the site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
•Be accurate (where they state facts).
•Be genuinely held (where they state opinions).
•Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
•Contain any material which is defamatory of any person.
•Contain any material which is obscene, offensive, hateful or inflammatory.
•Promote sexually explicit material.
•Promote violence.
•Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
•Infringe any copyright, database right or trade mark of any other person.
•Be likely to deceive any person.
•Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of
confidence.
•Promote any illegal activity.
•Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless
anxiety.
•Be likely to harass, upset, embarrass, alarm or annoy any other person.
•Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
•Give the impression that they emanate from the supplier or associate, if this is not the case.
•Advocate, promote or assist any unlawful act such as (by way of example only) copyright
infringement or computer misuse.
SUSPENSION AND TERMINATION
The supplier will determine, at the supplier’s discretion, whether there has been a breach of this acceptable use policy through your use of the site. When a breach of this policy has occurred, the supplier may take such action as the supplier deems appropriate. Failure to comply with this acceptable use policy constitutes a material breach of the general terms of website use upon which you are permitted to use the site, and may result in our taking all or any of the following actions:
•Immediate, temporary or permanent withdrawal of your right to use the site.
•Immediate, temporary or permanent removal of any posting or material uploaded by you to the site.
•Issue of a warning to you.
•Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
•Further legal action against you.
•Disclosure of such information to law enforcement authorities as the supplier reasonably feel is necessary.
•The supplier exclude liability for actions taken in response to breaches of this acceptable use policy.
• The responses described in this policy are not limited, and the supplier may take any other action the supplier reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
The supplier may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on the supplier’s sites.
SUPPLY OF ELECTRICITY – CONDITIONS OF USE
1.An electrical supply is only available to boats authorised by the supplier and where the boat owner has a pre-paid balance in their account with the supplier.
2.The supplier cannot guarantee a constant supply and the supplier make no assurance as to the suitability of the vessel to accept the supply, it being the responsibility of the owner to assess the vessel’s suitability.
3.The supplier accepts no responsibility for loss or damage arising out of the supply or its termination.
4.The supplier may revise these conditions of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier make which are binding on you.
TERMS OF USE:
This page (together with the documents referred to in it) tells you the terms of use on which you may make use of the site whether as an authorised customer or a guest of an authorised customer. Please read these terms of use carefully before you start to use the site. By using the site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the site.
ACCESSING THE SITE
Access to the site is permitted on a temporary basis, and the supplier reserves the right to withdraw or amend the services provided on the site without notice (see below). The supplier and associate will not be liable if for any reason the site is unavailable at any time or for any period. From time to time, the supplier may restrict access to some parts of the site, or the entire site, to users.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. The supplier has the right to disable any user identification code or password, whether chosen by you or allocated by the supplier, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
When using the site, you must comply with all ‘Terms of Use’ as detailed in this document.
You are responsible for making all arrangements necessary for you to have access to the site. You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
The site is powered by Meter Macs Ltd; the owner, author and the licensee of all intellectual property rights in the site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the site for your personal reference, you will be held liable for any and all damages resulting from the misuse of the site; by you or your agents.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on the site must always be acknowledged.
You must not use any part of the materials on the site for commercial purposes without obtaining a license to do so from the supplier or their licensors.
If you print off, copy or download any part of the site in breach of these terms of use, your right to use the site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the site are not intended to amount to advice on which reliance should be placed. The supplier therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the site, or by anyone who may be informed of any of its contents.
WEBSITE UPDATES
The supplier aims to update the site regularly, and may change the content at any time. If the need arises, the supplier may suspend access to the site, or close it indefinitely. Any of the material on the site may be out of date at any given time, and the supplier is under no obligation to update such material.
OUR LIABILITY
While the supplier will use reasonable efforts to ensure that the site is accurate and up-to-date, the material displayed is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, the supplier hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use the site, any websites linked to them and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
The supplier and associate will process information about you in accordance with the supplier’s privacy policy. By using the site, you consent to such processing and you warrant that all data provided by you is accurate.
UPLOADING MATERIAL TO THE SITE
Whenever you make use of a feature that allows you to upload material to the site, or to make contact with other users of the site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify the supplier for any breach of that warranty.
Any material you upload to the site will be considered non-confidential and non-proprietary, and the supplier has the right to use, copy, distribute and disclose to third parties any such material for any purpose. The supplier and associate also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the site constitutes a violation of their intellectual property or proprietary rights, or of their right to privacy.
The supplier will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the site.
The supplier has the right to remove any material or posting you make on the site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. The supplier will report any such breach to the relevant law enforcement authorities and the supplier will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the site will cease immediately.
The Supplier and Associate will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any material posted on them, or on any website linked to them.
LINKING TO THE SITE
You may link to the home site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
The site must not be framed on any other site, nor may you create a link to any part of the site other than the home page. The supplier and associate reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on the site other than that set out above, please address your request via the home site.
LINKS FROM THE SITE
Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only. Unless expressly stated the supplier has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the site. These terms of use are governed by English law.
VARIATIONS
The supplier may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the site.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and the supplier under which you may access the supplier’s websites. This acceptable use policy applies to all users of, and visitors to, the site. Your use of the site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement the supplier’s general terms of website use.
PROHIBITED USES
You may use the site only for lawful purposes. You may not use the site:
• In any way that breaches any applicable local, national or international law or regulation.
•In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
•For the purpose of harming or attempting to harm minors in any way.
•To send, knowingly receive, upload, download, use or re-use any material which does not comply
with the supplier’s content standards.
•To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional
material or any other form of similar solicitation (spam).
•To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
•Not to reproduce, duplicate, copy or re-sell any part of the site in contravention of the provisions of
the supplier’s general terms of website use.
•Not to access without authority, interfere with, damage or disrupt:- any part of the site; any equipment or network on which the site is stored; any software used in the provision of the site; or any equipment or network or software owned or used by any third party.
INTERACTIVE SERVICES
The supplier may from time to time provide interactive services on the site. Where the supplier provides any interactive service, the supplier will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical)
The Supplier will do its best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the site, and the supplier will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, the supplier are under no obligation to oversee, monitor or moderate any interactive service the supplier provides on the site, and expressly exclude the supplier’s liability for any loss or damage arising from the use of any interactive service by a user in contravention of the supplier’s content standards, whether the service is moderated or not.
The use of any of the supplier’s interactive services by a minor is subject to the consent of their parent or guardian. The supplier advises parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
CONTENT STANDARDS
These content standards apply to any and all material which you contribute to the site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
•Be accurate (where they state facts).
•Be genuinely held (where they state opinions).
•Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
•Contain any material which is defamatory of any person.
•Contain any material which is obscene, offensive, hateful or inflammatory.
•Promote sexually explicit material.
•Promote violence.
•Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
•Infringe any copyright, database right or trade mark of any other person.
•Be likely to deceive any person.
•Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of
confidence.
•Promote any illegal activity.
•Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless
anxiety.
•Be likely to harass, upset, embarrass, alarm or annoy any other person.
•Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
•Give the impression that they emanate from the supplier or associate, if this is not the case.
•Advocate, promote or assist any unlawful act such as (by way of example only) copyright
infringement or computer misuse.
SUSPENSION AND TERMINATION
The supplier will determine, at the supplier’s discretion, whether there has been a breach of this acceptable use policy through your use of the site. When a breach of this policy has occurred, the supplier may take such action as the supplier deems appropriate. Failure to comply with this acceptable use policy constitutes a material breach of the general terms of website use upon which you are permitted to use the site, and may result in our taking all or any of the following actions:
•Immediate, temporary or permanent withdrawal of your right to use the site.
•Immediate, temporary or permanent removal of any posting or material uploaded by you to the site.
•Issue of a warning to you.
•Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
•Further legal action against you.
•Disclosure of such information to law enforcement authorities as the supplier reasonably feel is necessary.
•The supplier exclude liability for actions taken in response to breaches of this acceptable use policy.
• The responses described in this policy are not limited, and the supplier may take any other action the supplier reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
The supplier may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on the supplier’s sites.
SUPPLY OF ELECTRICITY – CONDITIONS OF USE
1.An electrical supply is only available to boats authorised by the supplier and where the boat owner has a pre-paid balance in their account with the supplier.
2.The supplier cannot guarantee a constant supply and the supplier make no assurance as to the suitability of the vessel to accept the supply, it being the responsibility of the owner to assess the vessel’s suitability.
3.The supplier accepts no responsibility for loss or damage arising out of the supply or its termination.
4.The supplier may revise these conditions of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the supplier make which are binding on you.
Privacy Policy
This policy (together with the supplier’s general terms of website use and any other documents referred to in it) sets out the basis on which any personal data the supplier collect from you, or that you provide to the supplier, will be processed by the supplier. Please read the following carefully to understand the supplier’s views and practices regarding your personal data and how the supplier will treat it.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is the Supplier.
IP ADDRESSES AND COOKIES
The Supplier may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about the users’ browsing actions and patterns, and does not identify any individual.
For the same reason, the supplier may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the supplier’s site. Unless you have adjusted your browser setting so that it will refuse cookies, the supplier’s system may issue cookies when you log on to the site. Please note that third parties to whom the supplier provide links from the site may also use cookies, over which the supplier have no control.
WHERE THE SUPPLIER STOREs YOUR PERSONAL DATA
The data that the supplier collect from you is stored within the European Economic Area. The supplier will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to the supplier is stored on the supplier’s secure servers or on secure servers hosted by third parties with which The supplier have a contractual arrangement to provide website hosting services. Any payment transactions will be encrypted using SSL technology. Where the supplier has given you (or where you have chosen) a password which enables you to access certain parts of the supplier’s sites, you are responsible for keeping this password confidential. The supplier asks you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. The Supplier will do its best to protect your personal data, the supplier cannot guarantee the security of your data transmitted to the site; any transmission is at your own risk. Once the supplier has received your information, the supplier will use strict procedures and security features to try to prevent unauthorised access.
YOUR PERSONAL DATA
Information held about you may be used in the following ways:
• To ensure that content from the site is presented in the most effective manner for you and for your computer.
• To carry out the supplier’s obligations arising from any contracts entered into.
• To allow you to participate in interactive features of the supplier’s services, when you choose to do so.
• To notify you about changes to the supplier’s services.
• To administer any berth or mooring agreements that you may have with the supplier.
DISCLOSURE OF YOUR INFORMATION
The supplier may disclose your personal information to third parties if required under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply the supplier’s general website terms of use, or to protect the rights, property, or safety of the Suppliers, its customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
YOUR RIGHTS
You have the right to ask the supplier not to process your personal data for marketing purposes. The supplier will usually inform you (before collecting your data) if the supplier intends to use your data for such purposes or if the supplier intends to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms the supplier uses to collect your data. You can also exercise the right at any time by contacting
Our site may, from time to time, contain links to and from the websites of partner networks and advertisers. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that the supplier does not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £25 to meet our costs in providing you with details of the information the supplier hold about you.
CHANGES TO OUR PRIVACY POLICY
Any changes the supplier may make to our privacy policy in the future will be notified to you.
COOKIE POLICY
Cookies are small text files used by internet browsers to store small bits of information about a device or computer, such as preferred settings or preferred languages. Everyone deserves to know when files are to be stored on equipment that they own, and when information about them may be stored and used. Read on to find out how the supplier use cookies. Our website may store a number of different cookies on the computer or device that you use to access our website. Cookies do not take up much space (unless you have thousands of them) and cannot contain viruses or other harmful code. The site will never use cookies that can track your behaviour across multiple websites.
YOUR CONCERNS
If you have any concerns about material which appears on the site, please contact the Supplier
Thank you for visiting the site.
Thornley Leisure Parks 2022 Ltd
William Sutcliffe Suite
Raymond Court
Colwyn Bay
Conwy
LL29 8HT
https://gateway.meter-macs.com
Powered by Meter Macs Ltd
is for use by the ‘Authorised Customers’
of ‘Thornley Leisure Parks 2022 Ltd ‘
referred as ‘The Site’
referred to as ‘Associate’
referred as ‘You’
referred as ‘The Supplier’
TERMS OF USE:
This page (together with the documents referred to in it) tells You the terms of use on which You may make use of the Site whether as an Authorised Customer or a guest of an Authorised Customer. Please read these Terms of Use carefully before You start to use the site. By using the Site, You indicate that You accept these Terms of Use and that You agree to abide by them. If You do not agree to these Terms of Use, please refrain from using the Site.
ACCESSING THE SITE
Access to the Site is permitted on a temporary basis, and the Supplier reserves the right to withdraw or amend the Services provided on the Site without notice (see below). The Supplier and Associate will not be liable if for any reason the Site is unavailable at any time or for any period. From time to time, the Supplier may restrict access to some parts of the Site, or the entire Site, to users.
If You choose, or You are provided with, a user identification code, password, or any other piece of information as part of the Associates security procedures, You must treat such information as confidential, and You must not disclose it to any third party. The Supplier has the right to disable any user identification code or password, whether chosen by You or allocated by the Supplier, at any time, if in our opinion You have failed to comply with any of the provisions of these Terms of Use.
When using the Site, You must comply with all Terms of Use as detailed in this document.
You are responsible for making all arrangements necessary for You to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use, and that they comply with them.
User guidance for the prepay system is available at the office at Dinlle Caravan Park. This document also contains a link to a YouTube page which gives instructions on how to complete self-registration, self-arrival, registration, Password reset and Top up.
The standing charge/ kWh Unit rate of 35p per KWh will be held for the 2024 season (1 March to 30 November). This figure reflects our costs to supply in accordance with OFGEM guidance.
INTELLECTUAL PROPERTY RIGHTS
The Site is powered by Meter Macs Ltd; the owner, author and the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference, You will be held liable for any and all damages resulting from the misuse of the site; by You or your agents.
You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.
If You print off, copy or download any part of the Site in breach of these Terms of Use, your right to use the Site will cease immediately and You must, at our option, return or destroy any copies of the materials You have made.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. The Supplier therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.
WEBSITE UPDATES
The Supplier aims to update the Site regularly, and may change the content at any time. If the need arises, the Supplier may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and the Supplier is under no obligation to update such material.
LIABILITY
While the Supplier will use reasonable efforts to ensure that the Site is accurate and up-to-date, the material displayed is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, the Supplier hereby expressly exclude:
Any liability for any indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use the Site, any websites linked to them and any materials posted on it.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
The Supplier and Associate will process information about You in accordance with the Supplier’s privacy policy. By using the Site, You consent to such processing and You warrant that all data provided by You is accurate.
UPLOADING MATERIAL TO THE SITE
Whenever You make use of a feature that allows You to upload material to the Site, or to make contact with other users of the Site, You must comply with the content standards set out in our Acceptable Sse Policy see below. You warrant that any such contribution does comply with those standards, and You indemnify the Supplier for any breach of that warranty.
Any material You upload to the Site will be considered non-confidential and non-proprietary, and the Supplier has the right to use, copy, distribute and disclose to third parties any such material for any purpose. The Supplier and Associate also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by You to the site constitutes a violation of their intellectual property or proprietary rights, or of their right to privacy.
The Supplier will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by You or any other user of the site.
The Supplier has the right to remove any material or posting You make on the site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. The Supplier will report any such breach to the relevant law enforcement authorities and the Supplier will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
The Supplier and Associate will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on them, or on any website linked to them.
LINKING TO THE SITE
You may link to the home Site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by You.
The Site must not be framed on any other site, nor may You create a link to any part of the Site other than the home page. The Supplier and Associate reserves the right to withdraw linking permission without notice. The website from which You are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If You wish to make any use of material on the Site other than that set out above, please address your request via the home Site.
LINKS FROM THE SITE
Where the Site contains links to other Sites and resources provided by third parties, these links are provided for your information only. Unless expressly stated the Supplier has no control over the contents of those Sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the Site. These terms of use are governed by English law.
VARIATIONS
The Supplier may revise these Terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the Supplier made, as they are binding on you. Some of the provisions contained in these Acceptable Terms of Use may also be superseded by provisions or notices published elsewhere on the Site.
ACCEPTABLE USE POLICY
This Acceptable Use Policy sets out the terms between You and the Supplier under which You may access the Supplier’s websites. This Acceptable Use Policy applies to all users of, and visitors to, the Site. Your use of the Site means that You accept, and agree to abide by, all terms in this Terms of Use Policy, which supplement the Supplier’s general terms of website use.
PROHIBITED USES
You may use the Site only for lawful purposes. You may not use the Site:
• In any way that breaches any applicable local, national or international law or regulation.
•In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
•For the purpose of harming or attempting to harm minors in any way.
•To send, knowingly receive, upload, download, use or re-use any material which does not comply
with the Supplier’s content standards.
•To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional
material or any other form of similar solicitation (spam).
•To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
•Not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of
the Supplier’s general terms of website use.
•Not to access without authority, interfere with, damage or disrupt:- any part of the Site; any equipment or network on which the Site is stored; any software used in the provision of the Site; or any equipment or network or software owned or used by any third party.
INTERACTIVE SERVICES
The Supplier may from time to time provide interactive services on the Site. Where the Supplier provides any interactive service, the Supplier will provide clear information to You about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical)
The Supplier will do its best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Site, and the Supplier will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, the Supplier are under no obligation to oversee, monitor or moderate any interactive service the Supplier provides on the Site, and expressly exclude the Supplier’s liability for any loss or damage arising from the use of any interactive service by a user in contravention of the Supplier’s content standards, whether the service is moderated or not.
The use of any of the Supplier’s interactive services by a minor is subject to the consent of their parent or guardian. The Supplier advises parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
CONTENT STANDARDS
These content standards apply to any and all material which You contribute to the Site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
•Be accurate (where they state facts).
•Be genuinely held (where they state opinions).
•Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
•Contain any material which is defamatory of any person.
•Contain any material which is obscene, offensive, hateful or inflammatory.
•Promote sexually explicit material.
•Promote violence.
•Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
•Infringe any copyright, database right or trade mark of any other person.
•Be likely to deceive any person.
•Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of
confidence.
•Promote any illegal activity.
•Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless
anxiety.
•Be likely to harass, upset, embarrass, alarm or annoy any other person.
•Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
•Give the impression that they emanate from the supplier or associate, if this is not the case.
•Advocate, promote or assist any unlawful act such as (by way of example only) copyright
infringement or computer misuse.
SUSPENSION, TERMINATION & CANCELLATION OF ACCOUNT
The Supplier will determine, acting reasonably, whether there has been a breach of these Terms of Use through your use of the Site. If a breach of this policy has occurred, the Supplier may take such action as the Supplier deems appropriate. Failure to comply with this Terms of Use Policy constitutes a material breach of the general terms of website use upon which You are permitted to use the Site, and may result in our taking all or any of the following actions:
•Immediate, temporary or permanent withdrawal of your right to use the Site.
•Immediate, temporary or permanent removal of any posting or material uploaded by You to the Site.
•Issue of a warning to You.
•Legal proceedings against You for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
•Further legal action against You.
•Disclosure of such information to law enforcement authorities as the supplier reasonably feel is necessary.
•The Supplier exclude liability for actions taken in response to breaches of this Terms of Use Policy.
• The responses described in this policy are not limited, and the Supplier may take any other action the Supplier reasonably deem appropriate.
The contract between the Supplier and You commences upon the opening of account and concludes at the point of You closing your account. You can cancel your contract/account at any time with no notice or charges required.
You have the right to cancel your account/contract at any time including at the time of any increase in tariffs or rates or under any Terms and Condition changes. There will be no charges for cancellation or termination.
Upon cancellation or closure of the account it is your responsibility to withdraw any remaining funds (credit) left in your account prior to closure. All account credit will be refunded upon request.
CHANGES TO THE ACCEPTABLE USE POLICY
The Supplier may revise the Terms of Use Policy at any time by amending this page and providing reasonable written notice to you. Some of the provisions contained in this Terms of Use Policy may also be superseded by provisions or notices published elsewhere on the Supplier’s sites, provided such provisions or notices are also notified in writing to you.
You have the right to open any legitimate dispute with the Supplier – This can be initiated by emailing Thornley Leisure with your name, account details and a clear description of the dispute you would like to raise. – dinlle@thornleyleisure.co.uk.
Further information on the customer’s rights as a consumer of electricity can be found by following the link below. Link to OFGEM: https://www.ombudsman-services.org/sectors/energy
SUPPLY OF ELECTRICITY – CONDITIONS OF USE
1.An electrical supply is only available to vans authorised by the Supplier and where the van owner has a pre-paid balance in their account with the Supplier.
2.The Supplier cannot guarantee a constant supply and the supplier make no assurance as to the suitability of the van to accept the supply, it being the responsibility of the owner to assess the van’s suitability.
3.The Supplier accepts no responsibility for loss or damage arising out of the supply or its termination, save where the Supplier is negligent or acts fraudulently or breaches these terms and conditions.
4.The Supplier may revise these conditions of use at any time by amending this page and providing reasonable written notice to you.
5.The Supplier will provide all required infrastructure, including the socket outlet, for the use by You of the MeterMacs system and will ensure that all such infrastructure is fit for purpose and in good condition. All maintenance requirements and periodic inspection/ testing will be completed by the Supplier to ensure the units are suitable and safe for continued use. It is expected that You shall treat the equipment with all due care and accept You could be liable for repair costs should damages occur due to misuse of the provided product.
Privacy Policy
This policy (together with the supplier’s general terms of website use and any other documents referred to in it) sets out the basis on which any personal data the Supplier collect from You, or that You provide to the Supplier, will be processed by the Supplier. Please read the following carefully to understand the Supplier’s views and practices regarding your personal data and how the Supplier will treat it.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is the Supplier.
IP ADDRESSES AND COOKIES
The Supplier may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about the users’ browsing actions and patterns, and does not identify any individual.
For the same reason, the Supplier may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the Supplier’s site. Unless you have adjusted your browser setting so that it will refuse cookies, the Supplier’s system may issue cookies when you log on to the site. Please note that third parties to whom the Supplier provide links from the Site may also use cookies, over which the Supplier have no control.
WHERE THE SUPPLIER STORES YOUR PERSONAL DATA
The data that the Supplier collect from You is stored within the European Economic Area. The Supplier will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information You provide to the Supplier is stored on the Supplier’s secure servers or on secure servers hosted by third parties with which the supplier have a contractual arrangement to provide website hosting services. Any payment transactions will be encrypted using SSL technology. Where the Supplier has given You (or where you have chosen) a password which enables You to access certain parts of the Supplier’s sites, You are responsible for keeping this password confidential. The Supplier asks You not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. The Supplier will do its best to protect your personal data, the Supplier cannot guarantee the security of your data transmitted to the site; any transmission is at your own risk. Once the Supplier has received your information, the Supplier will use strict procedures and security features to try to prevent unauthorised access.
YOUR PERSONAL DATA
Information held about You may be used in the following ways:
• To ensure that content from the Site is presented in the most effective manner for You and for your computer.
• To carry out the Supplier’s obligations arising from any contracts entered into.
• To allow you to participate in interactive features of the Supplier’s services, when you choose to do so.
• To notify you about changes to the Supplier’s services.
• To administer any berth or mooring agreements that you may have with the Supplier.
DISCLOSURE OF YOUR INFORMATION
The Supplier may disclose your personal information to third parties if required under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply the Supplier’s general website Terms of Use, or to protect the rights, property, or safety of the Suppliers, its customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
YOUR RIGHTS
The Supplier will not use your data for marketing purposes, nor will it disclose your information to any third party for such purposes.
ACCESS TO INFORMATION
The Data Protection Act gives you the right to access information held about You. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £25 to meet our costs in providing You with details of the information the Supplier hold about You.
CHANGES TO OUR PRIVACY POLICY
Any changes the Supplier may make to our Privacy Policy in the future will be notified to you in writing.
COOKIE POLICY
Cookies are small text files used by internet browsers to store small bits of information about a device or computer, such as preferred settings or preferred languages. Everyone deserves to know when files are to be stored on equipment that they own, and when information about them may be stored and used. Read on to find out how the supplier use cookies. The Site may store a number of different cookies on the computer or device that You use to access our website. Cookies do not take up much space (unless you have thousands of them) and cannot contain viruses or other harmful code. The Site will never use cookies that can track your behaviour across multiple websites.
YOUR CONCERNS
If You have any concerns about material which appears on the Site, please contact the Supplier
Thank you for visiting the site.
See Terms and Conditions
See Terms and Conditions
METER MACS SELF SERVICE PORTAL TERMS AND CONDITIONS
Last updated 13th of October 2022
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made
between you, whether personally or on behalf of an entity (“you”)
and Meter Macs Limited, doing business as Meter Macs (“Meter
Macs,” “we," “us," or “our”), concerning your access to and use of
the https://portal.meter-macs.com/ website as well as any other
media form, media channel, mobile website or mobile application
related, linked, or otherwise connected thereto (collectively, the
“Site”). We are registered in the United Kingdom and have our
registered office at 820 The Crescent, Colchester Business Park,
Colchester, Essex CO4 9YQ. Our VAT number is GB 107 4993 00.
You agree that by accessing the Site, you have read, understood,
and agreed to be bound by all of these Terms of Use.
If you do not agree with all of these Terms of Use, then you are
expressly prohibited from using the site and you must discontinue
use immediately.
Supplemental terms and conditions or documents that may be
posted on the Site from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our sole
discretion, to make changes or modifications to these Terms of Use
from time to time. We will alert you about any changes by updating
the “Last updated” date of these Terms of Use, and you waive any
right to receive specific notice of each such change. Please ensure
that you check the applicable Terms every time you use our Site so
that you understand which Terms apply. You will be subject to and
will be deemed to have been made aware of and to have accepted,
the changes in any revised Terms of Use by your continued use of
the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for
distribution to or use by any person or entity in any jurisdiction or
country where such distribution or use would be contrary to law
or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those
persons who choose to access the Site from other locations do so
on their own initiative and are solely responsible for compliance
with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons
under the age of 18 are not permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and
all source code, databases, functionality, software, website designs,
audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and
logos contained therein (the “Marks”) are owned or controlled by
us or licensed to us, and are protected by copyright and trademark
laws and various other intellectual property rights and unfair
competition laws of the United Kingdom, international copyright
laws, and international conventions. The Content and the Marks
are provided on the Site “AS IS” for your information and personal
use only. Except as expressly provided in these Terms of Use, no
part of the Site and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a
limited license to access and use the Site and to download or print a
copy of any portion of the Content to which you have properly
gained access solely for your personal, non- commercial use. We
reserve all rights not expressly granted to you in and to the Site, the
Content, and the Marks.
USER REPRESENTATIONS
By using the Site, you agree and warrant that:
(1) all registration information you submit will be true, accurate,
current, and complete.
(2) you will maintain the accuracy of such information and
promptly update such registration information as necessary if that
option is available to you.
(3) you have the legal capacity, and you agree to comply with these
Terms of Use.
(4) you are not a minor in the jurisdiction in which you reside.
(5) you will not access the Site through automated or non-human
means, whether through a bot, script, or otherwise.
(6) you will not use the Site for any illegal or unauthorized purpose.
(7) your use of the Site will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or terminate
your account and refuse all current or future use of the Site (or any
portion thereof).
USER REGISTRATION
You will be required to register with the Site. You agree to keep
your password confidential and will be responsible for all use of
your account and password. We reserve the right to remove,
reclaim, or change a username you select if we determine, in our
sole discretion, that such username is inappropriate, obscene, or
otherwise objectionable.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that
for which we make the Site available. The Site may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or approved by us. As a user of the Site, you
agree not to:
Systematically retrieve data or other content from
the Site to create or compile, directly or indirectly, a
collection, compilation, database, or directory
without written permission from us. Trick, defraud,
or mislead us and other users, especially in any
attempt to learn sensitive account information such
as user passwords.
Circumvent, disable, or otherwise interfere with securityrelated
features of the Site, including features that prevent or
restrict the use or copying of any Content or enforce
limitations on the use of the Site and/or the Content contained
therein.
Disparage, tarnish, or otherwise harm, in our opinion, us
and/or the Site.
Use any information obtained
from the Site in order to harass,
abuse, or harm another person.
Make improper use of our
support services or submit false
reports of abuse or misconduct.
Use the Site in a manner
inconsistent with any
applicable laws or regulations.
Engage in unauthorized
framing of or linking to the
Site.
Upload or transmit (or attempt to upload or to transmit)
viruses, Trojan horses, or other material, including excessive
use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party’s uninterrupted
use and enjoyment of the Site or modifies, impairs, disrupts,
alters, or interferes with the use, features, functions,
operation, or maintenance of the Site.
Engage in any automated use of the system, such as
using scripts to send comments or messages, or
using any data mining, robots, or similar data
gathering and extraction tools. Delete the copyright
or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or
use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information collection
or transmission mechanism, including without limitation, clear
graphics interchange formats (“gifs”), 1×1 pixels, web bugs,
cookies, or other similar devices (sometimes referred to as
“spyware” or “passive collection mechanisms”).
Interfere with, disrupt, or create an undue burden on the Site
or the networks or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Site to you.
Attempt to bypass any measures of the Site designed to prevent
or restrict access to the Site, or any portion of the Site. Copy or
adapt the Site’s software, including but not limited to Flash, PHP,
HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Site.
Except as may be the result of standard search engine or
Internet browser usage, use, launch, develop, or distribute any
automated system, including without limitation, any spider,
robot, cheat utility, scraper, or offline reader that accesses the
Site, or using or launching any unauthorized script or other
software.
Make any unauthorized use of the Site, including collecting
usernames and/or email addresses of users by electronic or
other means for the purpose of sending unsolicited email, or
creating user accounts by automated means or under false
pretenses.
Use the Site as part of any effort to compete
with us or otherwise use the Site and/or the
Content for any revenue-generating endeavor
or commercial enterprise. Use the Site to
advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.
USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content.
Any use of the Site in violation of the foregoing violates these
Terms of Use and may result in, among other things, termination,
or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any
information and personal data that you provide following the
terms of the Privacy Policy and your choices (including settings). By
submitting suggestions or other feedback regarding the Site, you
agree that we can use and share such feedback for any purpose
without compensation to you.
SUBMISSIONS
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information regarding the
Site (“Submissions”) provided by you to us are non-confidential
and shall become our sole property. We shall own exclusive rights,
including all intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of these Submissions for any
lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby waive all
moral rights to any such Submissions, and you hereby warrant that
any such Submissions are original with you or that you have the
right to submit such Submissions. You agree there shall be no
recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site) links to other
websites (“Third-Party Websites”) as well as articles, photographs,
text, graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or
originating from third parties (“Third-Party Content”). Such Third-
Party Websites and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for any Third-Party
Websites accessed through the Site or any Third-Party Content
posted on, available through, or installed from the Site, including
the content, accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of or contained in the Third-Party
Websites or the Third-Party Content. Inclusion of, linking to, or
permitting the use or installation of any Third-Party Websites or
any Third-Party Content does not imply approval or endorsement
thereof by us. If you decide to leave the Site and access the Third-
Party Websites or to use or install any Third-Party Content, you do
so at your own risk, and you should be aware these Terms of Use
no longer govern. You should review the applicable terms and
policies, including privacy and data gathering practices, of any
website to which you navigate from the Site or relating to any
applications you use or install from the Site. Any purchases you
make through Third-Party Websites will be through other websites
and from other companies, and we take no responsibility
whatsoever in relation to such purchases which are exclusively
between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services
offered on Third-Party Websites and you shall hold us harmless
from any harm caused by your purchase of such products or
services. Additionally, you shall hold us harmless from any losses
sustained by you or harm caused to you relating to or resulting in
any way from any Third-Party Content or any contact with Third-
Party Websites.
SITE MANAGEMENT
We reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms of Use.
(2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Terms of Use, including without
limitation, reporting such user to law enforcement authorities.
(3) otherwise manage the Site in a manner designed to protect our
rights and property and to facilitate the proper functioning of the
Site.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you
use the Site.
Without limiting any other provision of these terms of use, we
reserve the right to, in our sole discretion and without notice or
liability, deny access to and use of the site (including blocking
certain IP addresses), to any person for any reason or for no reason,
including without limitation for breach of any representation,
warranty, or covenant contained in these terms of use or of any
applicable law or regulation. We may terminate your use or
participation in the site or delete your account and any content or
information that you posted at any time, without warning, in our
sole discretion.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party. In addition
to terminating or suspending your account, we reserve the right to
take appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of
the Site at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information
on our Site. We also reserve the right to modify or discontinue all or
part of the Site without notice at any time. We will not be liable to
you or any third party for any modification, price change,
suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may
experience hardware, software, or other problems or need to
perform maintenance related to the Site, resulting in interruptions,
delays, or errors. We reserve the right to change, revise, update,
suspend, discontinue, or otherwise modify the Site at any time or
for any reason without notice to you. You agree that we have no
liability whatsoever for any loss, damage, or inconvenience caused
by your inability to access or use the Site during any downtime or
discontinuance of the Site. Nothing in these Terms of Use will be
construed to obligate us to maintain and support the Site or to
supply any corrections, updates, or releases in connection
therewith.
GOVERNING LAW
These conditions are governed by and interpreted following the
laws of the United Kingdom, and the use of the United Nations
Convention of Contracts for the International Sale of Goods is
expressly excluded. If your habitual residence is in the EU, and you
are a consumer, you additionally possess the protection provided
to you by obligatory provisions of the law of your country of
residence. Meter Macs Limited and yourself both agree to submit
to the non-exclusive jurisdiction of the courts of Basildon, which
means that you may make a claim to defend your consumer
protection rights in regard to these Terms of Use in the United
Kingdom, or in the EU country in which you reside.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Terms of Use (each “Dispute”
and collectively, the “Disputes”) brought by either you or us
(individually, a “Party” and collectively, the “Parties”), the Parties
agree to first attempt to negotiate any Dispute (except those
Disputes expressly provided below) informally for at least thirty
(30) days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to
this contract shall be determined by one arbitrator who will be
chosen in accordance with the Arbitration and Internal Rules of the
European Court of Arbitration being part of the European Centre of
Arbitration Kingdom. The language of the proceedings shall be
English. Applicable rules of substantive law shall be the law of the
United Kingdom.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law,
(a) no arbitration shall be joined with any other proceeding; (b) there
is no right or authority for any
Dispute to be arbitrated on a class-action basis or to utilize class
action procedures; and © there is no right or authority for any
Dispute to be brought in a purported representative capacity on
behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning informal negotiations and binding
arbitration:
(a) any Disputes seeking to enforce or protect, or concerning the
validity of, any of the intellectual property rights of a Party.
(b) any Dispute related to, or arising from, allegations of theft,
piracy, invasion of privacy, or unauthorized use.
© any claim for injunctive relief. If this provision is found to be
illegal or unenforceable, then neither Party will elect to arbitrate
any Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a
court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or
update the information on the Site at any time, without prior
notice.
DISCLAIMER
The site is provided on an as-is and as-available basis. You agree that
your use of the site and our services will be at your sole risk. To the
fullest extent permitted by law, we disclaim all warranties, express
or implied, in connection with the site and your use thereof,
including, without limitation, the implied warranties of
merchantability, fitness for a particular purpose, and noninfringement.
We make no warranties or representations about the
accuracy or completeness of the site’s content, or the content of
any websites linked to the site, and we will assume no liability or
responsibility for any:
(1) personal injury or property damage, of any nature whatsoever,
resulting from your access to and use of the site,
(2) any unauthorized access to or use of our secure servers and/or
any and all personal information and/or financial information
stored therein,
(3) any interruption or cessation of transmission to or from the
site,
(4) any bugs, viruses, trojan horses, or the like which may be
transmitted to or through the site by any third party,
(5) any errors or omissions in any content and materials or for any
loss or damage of any kind incurred as a result of the use of any
Content posted, transmitted, or otherwise made available via the
site.
We do not warrant, endorse, guarantee, or assume responsibility
for any product or service advertised or offered by a third party
through the site, any hyperlinked website, or any website or mobile
application featured in any banner or other advertising, and we will
not be a party to or in any way be responsible for monitoring any
transaction between you and any third-party providers of products
or services. As with the purchase of a product or service through
any medium or in any environment, you should use your best
judgment and exercise caution where appropriate.
LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or agents be liable
to you or any third party for any direct, indirect, consequential,
exemplary, incidental, special, or punitive damages, including lost
profit, lost revenue, loss of data, or other damages arising from
your use of the site, even if we have been advised of the possibility
of such damages.
Notwithstanding anything to the contrary contained herein, our
liability to you for any cause whatsoever and regardless of the form
of the action, will at all times be limited to the amount paid, if any,
by you to us during the one (1) month period prior to any cause of
action arising. Certain UK laws and international laws do not allow
limitations on implied warranties or the exclusion or limitation of
certain damages. If these laws apply to you, some or all of the
above disclaimers or limitations may not apply to you, and you may
have additional rights.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including
our subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss,
damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Site.
(2) breach of these Terms of Use.
(3) any breach of your representations and warranties set forth in
these Terms of Use.
(4) your violation of the rights of a third party, including but not
limited to intellectual property rights.
(5) any overt harmful act toward any other user of the Site with
whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree
to cooperate, at your expense, with our defense of such claims.
We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon
becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the
purpose of managing the performance of the Site, as well as data
relating to your use of the Site. Although we perform regular
routine backups of data, you are solely responsible for all data that
you transmit or that relates to any activity you have undertaken
using the Site. You agree that we shall have no liability to you for
any loss or corruption of any such data, and you hereby waive any
right of action against us arising from any such loss or corruption of
such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms
constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal
requirement that such communication be in writing. You hereby
agree to the use of electronic signatures, contracts, orders, and
other records, and to electronic delivery of notices, policies, and
records of transactions initiated or completed by us or via the site.
You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of nonelectronic
records, or to payments or the granting of credits by any
means other than electronic means.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by
us on the Site or in respect to the Site constitute the entire
agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Terms of Use
shall not operate as a waiver of such right or provision. These
Terms of Use operate to the fullest extent permissible by law. We
may assign any or all of our rights and obligations to others at any
time. We shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Terms of Use
is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these
Terms of Use and does not affect the validity and enforceability of
any remaining provisions. There is no joint venture, partnership,
employment, or agency relationship created between you and us
as a result of these Terms of Use or use of the Site. You agree that
these Terms of Use will not be construed against us by virtue of
having drafted them. You hereby waive any and all defenses you
may have based on the electronic form of these Terms of Use and
the lack of signing by the parties hereto to execute these Terms of
Use.