Terms of Use

Introduction

The terms ‘You’ and ‘User’ used here refer to all individuals and/or entities accessing this website for any reason.

Yachtforce’s Terms of Use state the ‘Terms and Conditions’ (TAC) under which you may use Yachtforce.com. These terms of use are divided into 3 parts. Part A contains general terms relating to the use of our website; Part B contains special terms relating to registered jobseekers; and Part C contains special terms relating to registered recruiters.

By using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website. If you register with the website as a jobseeker or a recruiter, we will ask you to expressly agree to these terms of use.

Yachforce may revise these TAC at any time time. Please remember that these TAC are binding on you so you should visit these pages from time to time. Your continued use of this site after any changes have been made means constitutes acceptance of those changes.

These terms of use are provided in the English language only.

Description of our service

Yachtforce provides the service of storing and presenting data to registered users as well as providing access to other services. You also understand and agree that the service may include communication from Yachtforce. Any new features that are added to the service will be subject to the TAC unless it is stated otherwise.

You also understand that the service is provided As-Is and that Yachtforce assumes no responsibility for failure to store, deletion, timeliness or mis-delivery of any user communications.

PART A

(2) Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

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

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

(c) show any material from the website in public;

(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

(e) edit or otherwise modify any material on the website; or

(f) redistribute material from this website except for content specifically and expressly made available for redistribution such as our newsletter.

(3) Acceptable use

You understand that all information, data, text, photographs, graphics, video, messages or other content, whether publicly posted or privately transmitted are the sole responsibility of the person from which content originated. So, you and not Yachtforce, are entirely responsible for the content you make available via Yachtforce’s service.

Under no circumstances will Yachtforce be liable in any way for content, including but not limited to, for any errors or omissions in the content or for any loss or damage of any kind incurred as a result of the use of the content made available via the service.

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent.

(4) Restricted access

Access to certain areas of our website is restricted. We reserve the right to restrict access to these areas or indeed our whole website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.

We may disable your user ID and password in our sole discretion without notice or explanation.

(5) User generated content

In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

Your user content and its publication on our website must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

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

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

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

(f) constitute an incitement to commit a crime;

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

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

(i) be blasphemous;

(j) be in breach of official secrets legislation;

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

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

(m) be pornographic [or sexually explicit];

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

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

(p) constitute spam;

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

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

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

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

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

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
(6) Submissions

As a user, you are responsible for your own communications and any consequences of their posting. You must not, and by using the Yachtforce site you agree not to, post material that is copyrighted unless you are the copyright owner or have the owner’s permission to post it; post material that reveals trade secrets unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy of or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity; post a sexually explicit image or statement; post advertisements or solicitations of business.

Yachtforce reserves the right to expel users and prevent their further access to the web site for violating the TAC or the law and the right to remove communications which are abusive, illegal or disruptive. Yachtforce may take any action with respect to user-submitted information that it deems necessary or appropriate at its sole discretion if it believes it may create liability for Yachtforce or may cause Yachtforce to lose (in whole or in part) the services of its ISPs or other suppliers.

(7) Limited warranties

Yachtforce does not screen or censor the listings offered. Yachtforce is not involved in the actual transaction between employers and candidates. As a result, Yachtforce has no control over the quality, safety or legality of the jobs or CV/resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. You assume all risks associated with dealing with other users with whom you come into contact with through the Yachtforce website. Yachforce does not and cannot confirm that each user is who they claim to be.

If you have a dispute with one or more users, you release Yachtforce and its agents and employees from claims, demands and damages (actual, consequential, direct or indirect)

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date. We do not represent or guarantee the accuracy, reliability or truthfulness of any content posted by users or endorse an opinions expressed.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(8) Limitations of liability

Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

(a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;

(b) we will not be liable for any consequential, indirect or special loss or damage;

(c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;

(d) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;

(e) our maximum liability in relation to any event or series of related events will be limited to 1000 EUROS.

You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

You agreed to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

(9) Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use or arising out of any claim that you have breached any provision of these terms of use.

(10) Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you (including for the avoidance of doubt registered jobseekers and registered recruiters) breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to the website;

(c) permanently prohibit you from accessing the website;

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

(e) contact your internet services provider and request that they block your access to the website;

(f) bring court proceedings against you for breach of contract or otherwise;

(g) suspend and/or delete your account with the website; and/or

(h) delete and/or edit any or all of your user generated content.

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

 

(11) Registration, password and security

In consideration of your use of the Yachtforce service, you agree to provide true, accurate, current and complete information about yourself as prompted by the Yachtforce registration form and maintain and promptly update the registration information to keep it true, accurate and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete or Yachtforce has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Yachtforce has the right to terminate your account.

You will receive an account designation when you complete Yachtforce’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Yachtforce of any unauthorised use of your password or account or any other breach of security and ensure that you exit from your account at the end of each session. Yachtforce cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

(12) Third party websites

Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

(13) Trade marks

[TRADE MARK] and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

(14) Competitions

From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).

(15) Variation

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

(16) Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

(17) Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(18) Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

(19) Entire agreement

These terms of use [, together with our privacy policy,] constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(20) Law and jurisdiction

These terms of use will be governed by and construed in accordance with Spanish law, and any disputes relating to these terms of use will be subject to the [non-]exclusive jurisdiction of the courts of Spain.

(21) Our details

The full name of our company is Yachtforce slu [NAME]. Yachtforce slu

We are registered in Spain under registration number ESB5732690
Our registered address is Guillermo Moncada 25, Calvia, Mallorca, Spain 07180

You can contact us by email at info@yachtforce.com

PART B: JOBSEEKERS

(23) Jobseeker warranties and undertakings

By registering as a jobseeker, you warrant that all information you provide to us and to any registered recruiter via or in relation to our website [(including without limitation all information in your CV and profile)] is true, accurate, fair and complete, and you undertake to keep all such information up-to-date at all times.

We provide each jobseeker with a login and password to enable the jobseeker to access restricted areas of our website. Jobseekers must ensure that their login and password details are kept confidential.

(24) Jobseeker services

Registered jobseekers may have access to additional website areas and features (which we will determine in our sole discretion) which may include:

[(a) the facility to upload a CV and/or profile into our database, to enable registered recruiters to search for the CV/profile, assess whether the jobseeker may be suitable for a role, and contact the jobseeker where appropriate;

(b) the facility to limit the disclosure of confidential information to recruiters;

(c) a facility to enable the jobseeker to receive email alerts, newsletters, notice of competitions, and/or other email notifications from us.

(25) Your relationship with recruiters

You acknowledge that we merely provide a facility to enable jobseekers and recruiters to get in touch and that we do not vet or monitor the registered recruiters who advertise on our website, and you agree that you will not hold us liable, or seek to hold is liable, in relation to any loss, damage or expense that you suffer arising out of the actions of omissions of a recruiter (subject to the first paragraph of Section 7 above).

(26) Cancelling your account etc.

You may delete your jobseeker account using the website interface at any time.

You acknowledge that the website services are provided free-of-charge, and that we may at any time, with or without notice or explanation, delete the jobseeker's account and/or discontinue the website and/or website services.

PART C: RECRUITERS

(27) Registering as a recruiter

You will have the opportunity to identify and correct input errors prior to ordering your subscription by [DETAILS OF PROCESS].

We will not file a copy of these terms of use specifically in relation to each registered recruiter and, if we update these terms of use, the version to which you originally agreed will no longer be available on our website. For this reason, we recommend that recruiters print and file a copy of these terms of use for future reference.

(28) Recruiter charges

The charges payable by recruiters will be as set out on our website from time to time.

All charges stated on the website are stated exclusive of IVA.

You must pay to us the applicable charges in accordance with the instructions on our website.

We may vary charges from time to time by posting new charges on our website. However, such variations will not affect services that have already been paid for.

Refunds will not be granted under the following circumstances:

· A refund will not be granted when an employer’s registration has been deleted due to a breach of the Terms of Service.
· A refund will not be granted if a registered employer decides to terminate registration prematurely.
· A refund will not be granted if a registered employer feels dissatisfied with the service as laid down in the Terms of services.

Refunds will be granted only under the following circumstances:

If an employer’s registration has been deleted for no reason or by accident, he may either have his registration re-established or receive a refund. In either case the refund will be proportional to the remainder of the registration period.

If the service to the employer, as laid down in the Terms of Service, is non-functioning for more than 14 days in any one period then the registered employer will notify Yachtforce and if the service has not been re-established a refund will be granted proportional to the remainder of the registration period.

To claim a refund contact Yachtforce by email info@yachtforce.com . This email must state your reason for claiming a refund. Any refund will be paid within a one month period after Yachtforce has confirmed by email that a refund is valid. Refunds will only be paid in Euros Yachtforce will not be responsible for any transfer or currency conversion charges relating to this transfer.

(29) Recruiter warranties and undertakings

By registering as a recruiter, you warrant that all information you provide to us and to any registered jobseeker via or in relation to our website [(including without limitation all information in job advertisements)] is true, accurate, fair and complete, and you undertake to keep all such information up-to-date at all times.

We provide each recruiter with a login and password to enable the recruiter to access restricted areas of our website. Recruiters must ensure that their login and password details are kept confidential.

Recruiters undertakes to ensure that all job advertisements that they submit to the website for publication are true, accurate, fair and complete advertisements for bona fide jobs.

Recruiters must only use our database of jobseekers for the sole purpose of seeking candidates to fill bona fide jobs; and recruiters must treat the information in our database as confidential, and must not copy any information from the database or record or retain any information from the database or disclose to any third party any information from the database.

(30) Recruiter services

Registered recruiters will have access to additional website areas and features (which we will determine in our sole discretion) which may include:

[(a) the ability to post advertisements on our website;

(b) access to our database of jobseekers via the website;

(c) any other services specified on our website from time to time.

These recruiter services may be accessed in such way, subject to such limitations and for such period, as may be specified on our website from time to time.

(31) Your relationship with jobseekers

You acknowledge that we merely provide a facility to enable jobseekers and recruiters to get in touch and that we do not vet or monitor the registered jobseekers who use our website, and you agree that you will not hold us liable, or seek to hold us liable, in relation to any loss, damage or expense that you suffer arising out of the actions or omissions of a jobseeker (subject to the first paragraph of Section 7 above).

(32) Recruiter warranties

We warrant to recruiters that we will perform the paid-for recruiter services with reasonable care and skill.

We do not warrant that recruiters will receive any applications in relation to job advertisements; nor do we warrant that our jobseeker database will hold information regarding jobseekers that may be suitable for the positions that the recruiter requires to be filled.

(33) Cancelling your account etc.

You may delete your recruiter account using the website interface at any time.

We may cancel your recruiter account in accordance with the provisions of Section 9.

We may also cancel your recruiter account without cause by giving you at least 30 days' written notice of cancellation. Where we cancel your account on this basis, you will be entitled to a (pro-rated) refund of any element(s) of the charges paid to us in respect of the provision of services during any period after the date of effective cancellation of your account (and we will calculate the amount of such refund using any reasonable methodology).

Save as specified in the preceding paragraph, recruiters will not be entitled to any payment from us on the cancellation of a recruiter account.

General practices relating to use and storage

You acknowledge that Yachtforce may establish general practices and limits concerning use of the service, including without limitation the maximum number of days that registered data, messages, message board postings or other uploaded content will be retained by the service.

You agree that Yachtforce has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the service.

You acknowledge that Yachtforce reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Yachtforce reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Proprietary rights

Yachtforce authorises you to view and access a single copy of the content available on or from yachtforce.com solely for your personal, non-commercial use.

You acknowledge and agree that the service and any necessary software used in connection with the service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Yachtforce grants you a personal, non-transferable and non-exclusive right and license to use the object code of its software on a single computer provided that you do not and do not allow any third party to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software including (without limitation) for the purpose of obtaining unauthorised access to the service. You agree not to access the service by any means other than through the interface that is provided by Yachforce for use in accessing the service.

You shall not copy or adapt the HTML code that Yachtforce creates to generate any website content or the pages making up the Yachtforce site. It is also protected by the company’s copyright.

Trademark information

Yachtforce, the Yachtforce logo, trademarks and service marks are trademarks of Yachtforce SLU. You agree not to display display or use in any manner the Yachtforce marks.

Links

The service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Yachtforce has no control over such sites and resources, you acknowledge that Yachtforce is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Yachtforce shall not be responsible or liable, directly or indirectly for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Violations

Please report any violations of the Terms and Conditions to info@yachtforce.com.