General Terms and Conditions

Dean Catamarans Boat Owners Association

(DCBOA)

The following Terms and Conditions specify the conditions which shall apply for the use of the DCBOA services operated by Dean Catamarans CC using domain  www.deancatamarans.com(hereafter “DC”). All the users and clients of DC (hereafter collectively (“Clients”) shall be bound exclusively by these General Terms and Conditions.

With registration, the Client acknowledges to have read and understood and to accept said General Terms and Conditions. The Client shall accept the General Terms and Conditions by making the declaration "I have read and hereby accept the “GTC” by clicking on the "Yes" button.

I.        The Object of the Terms and Conditions

(1)      DC offers on its website a service for DC boat owners to share knowledge and experiences.

(2)      The terms and conditions below shall regulate the use of DCBOA website forums by the Clients of DC.

(3)      DC offers its services exclusively for private, non-commercial purposes. With registration, each Client undertakes to use the services for private purposes only.

II.         Description and Scope of the Services

(1)      DC offers to its Clients access to its database and application to be retrieved under the domain www.deancatamarans.com and through the websites of cooperation partners into which DC is or may be integrated, possibly in a graphics display adapted to the platform of said cooperation partner website.

(2)      DC allows its Clients access to its application and database. This includes firstly, access to a personal details registration process.

(3)      The Client is permitted to communicate with other DC Clients through a digital forum.

III.      Access

(1)      Any access for using the DC database system requires registration wherein the Client may use his/her own personal password.

 

With registration, every Client shall accept the conditions of use set forth in the present General Terms and Conditions.

The Client shall declare that he/she is of full legal age.

A registration creates between DC and the Client a contractual relationship subjected to the regulations of the present General Terms and Conditions.

(2)      DC is entitled at any time to block access for a Client who unlawfully uses the DC system, in particular in the case of a breach of the obligations set forth in item VII.

(3)      DC offer free-of-charge services unless otherwise stated and agreed by and between DC and Client. 

IV.     Data Protection

(1)      Security and protection of the Clients’ data is of particular concern to DC. DC undertakes to comply with the statutory provisions as regards to data protection.

(2)      In the scope of rendering the contractual services, personally-related data - such as age, gender, postal code, telephone number, pictures - are collected, stored, processed, and used. Personally-related data are understood to mean data comprising details of personal and factual particulars of a specific or identifiable Client. 

(3)      The Client shall consent to the use by DC of his personally-related data for the purposes of counseling, advertising, market research, for research and analysis, so as to enhance DC and to adapt the services to meet requirements.

Furthermore, the Client shall give his/her explicit consent to receive email newsletters from DC. Such consent may at any time be cancelled by way of an email to info@deancatamarans.com.

The Client further shall consent to publication of his/her data profile through websites of DC cooperation partners; websites containing portions of DC (micro sites); mobile applications (e.g. UMTS or SMS); and print media (newspapers, magazines, etc.), to thus increase the number of persons potentially interested in his/her profile.

The Client finally shall consent for his/her personal data profile to be passed on to external service providers of DC for the purposes set forth below: a) to distribute emails and newsletters in the name and on behalf of DC;

b) to transfer DC elements and Client profiles to other media;

c) to initiate telephone contact for counseling and for advertising DC services.

 

The Client shall consent to that his/her access to DC, if such access to the services of DC occurs through an affiliate partner site, is stored with a cookie. Such cookies do not contain any personal Client data but exclusively serve to maintain the affiliate partner programme. Such cookies are deleted automatically upon registration of the Client. In the absence of registration, cookies are automatically deleted after 30 days as a rule.

(4)      The Client shall consent that the rights indicated above in item (3) shall also be the rights of Dean Catamarans CC.

(5)      DC will at any time upon request provide the Client with full and free information on the stored data files where these are related to said Client.

(6)      DC explicitly warns its Clients that data protection for data transmission in open networks such as the internet cannot be fully guaranteed given the state of the art. Responsibility for the security of the data which the Client transmits to the internet shall thus remain with the Client.

(8)      Upon registration, the Client consents to utilization of his/her data indicated in the above terms and conditions.

V.         Costs

Use of any service accessible to Clients within the services of DC shall be free of charge, unless the Client is warned of charges incurring prior to using such service. Any charges incurring for chargeable services and modes of payment shall be explained for each chargeable service. 

VII.    Obligations of Clients

(1)      Every Client shall undertake to treat as confidential any emails and other communication or other data of Clients obtained in conjunction with use of the DC database and not to divulge same to any third party save with the consent of the originator. This shall likewise apply to names, telephone and/or telefax numbers, residential and email addresses and/or URLs of other Clients.

The passing on of any and all data of non-clients is prohibited as well.

(2)      Each Client furthermore undertakes to not misuse DC, in particular

a)       to not use DC to circulate any defamatory, offensive, pornographic or otherwise unlawful materials or information;

b)       to not use DC to threaten, harass, or violate the rights of another (including right of personality), or to promise or demand money or monetary values;

c)       to not upload onto DC any data:

-        containing a virus (infected software);

-        containing software or other materials protected by copyright or industrial property rights, save in the case that the Client is the rightful owner of said rights or has obtained any consent necessary to use said software or materials;

d)       to not use DC so as to cause adverse effects on the availability of the offers for other Clients;

e)       to not send messages to Clients for any other purpose than personal communication, in particular to not advertise nor offer any goods or services;

(3)      Any possible consequences in terms of civil or criminal law to each Client notwithstanding, non-compliance with any of the above obligations of conduct shall entitle DC to terminate the contract without notice, and to immediately block access to the DC application and database under item III.

(4)      In the case of an indication of inadmissible or unlawful use, DC shall be entitled to check the contents entered by the Clients, if necessary to block access to such data, and to immediately block access for the Client under item III. In case of doubt, DC shall have the right of final decision as to admissibility of the use in question.

VIII.      Cancellation and Termination

(1)      Every Client is entitled at any time to cancel without giving reasons. Upon cancellation the Client data shall be deleted and the contractual relationship specified in item III.(1) terminated.

DC is also entitled at any time to terminate the contractual relationship specified in item III.(1) giving two weeks' notice.

(2)      In the case that a Client of chargeable services cancels his/her registration, the contractual relationship regulated under item III.(3) in these General Terms and Conditions shall remain unaffected. Upon cancellation the Client waives the use of a credit as yet uncalled for using said chargeable services, i.e. the Client shall not receive any refund of fees paid.

(3)      Upon expiry of the purchased access period, access to the chargeable option of making contact under item II (5) and the related contractual relationship under item III (3) shall be automatically extended by an access period as selected or indicated (e.g. 3 or 6 months), unless the Client terminates in writing fourteen days before expiry of the access period or, if another termination period was communicated when buying the access period, within this other stated termination period, indicating his/her full name. The termination must be requested using the respective link in “Settings”, if available, or by facsimile. Upon receipt of the confirmation of payment for the first purchase the user shall be informed of the day (date) until which the contract shall firstly run and by what duration the term will be extended unless due notice of termination is given

(4)      DC is entitled to discontinue the services offered at any time in full or in part.

(5)      Any Client who, at the time that DC discontinues the services, has any prepaid, not yet used up claim (credit balance) for such services, shall receive a pro rata refund of the title to services not yet used (credit balance).

IX.     Operation

DC shall be entitled though not obliged to inspect and check the contents of any and all texts and received data or graphics files for compatibility with general legislation or with these GTCs and where necessary to amend or delete contents.

X.      Rights

Any and all rights to programmes, services, processes, software, technologies, trademarks, trade names, inventions, and any and all materials pertaining to DC, are exclusively held by DC. DC is the proprietor of any and all licenses to use the rights indicated above.

Use of any and all of the programmes and the contents thereof, materials and trademarks and trade names is permissible exclusively for the purposes indicated in these General Terms and Conditions. Reproducing said programmes, services, processes, software, etc. - for any purpose whatsoever - is inadmissible.

XI.     Liability

(1)      DC has no control over the correctness and security of any information exchanged between Clients or entered by Clients in their profiles. Therefore DC cannot be held responsible for any such information. Exemption from liability shall always apply in this respect.

Although it is not permitted, Clients have the opportunity of entering incorrect information or using the DC application for other inadmissible or unlawful purposes.

As regards to any inadmissible or unlawful use of the DC application, DC shall be exempt from any liability.

What DC undertakes is only to endeavourto arrange contacts but not any success in doing so. Consequently, DC shall not be held liable if within the duration of the contract no contact is being established or the personalities of the contacted Clients are actually not compatible with one another.

(2)      DC shall not be held liable for a continuous, uninterrupted availability of the system, nor for system outages, interruptions or disruptions of the technical installations, and of DC. DC shall in particular not be held liable for a poor quality of access to DC due to force majeure or any events beyond the control of DC, in particular in the case of failure of communication networks and gateways. DC shall not be held liable for minor service interruptions.

(3)      DC shall not be held liable for any damage arising from causes other than the aforementioned save in the case of intent or gross negligence by their bodies, employees and vicarious agents, and only at the same proportional share as its contribution to the cause of damage in relation to other causes.

(4)      DC shall be held liable for simple negligence only to the extent that an executive body, employee, or vicarious agent of DC has violated a substantial contractual duty. Any liability shall be limited to typical damage occurring.

(5)      For the remainder, liability shall be excluded.

XII.    Indemnification

The Client hereby holds harmlessand indemnifies DC from any and all liability and any and all obligations, expenses and claims arising from damage out of defamation, insult, infringement of personal rights by other Clients, due to failure of services for Clients, due to violation of intangible property rights or other rights through Clients. Every Client shall furthermore hold harmless and indemnify DC from any and all liability, claims, and costs arising from a violation of these General Terms and Conditions.

XIII.   Communications

Communications from DC to Clients are provided through display masks upon "login" or via email. Communications from Clients to DC shall be sent via email to the addresses explicitly indicated in the pages (e.g. info@deancatamarans.com) or via surface mail.

XIV.   Set-off / Right of Retention

Clients shall have the option to claim from DC a set-off against their own claims or to claim a right of retention only for claims that have become res judicata, that are undisputed, or otherwise acknowledged.

XV.    Advertising

The Client declares his/her consent for DC to mail to him/her advertising for the services they are offering.

XVI.   Amendments to the General Terms and Conditions 

DC shall be entitled to amend these General Terms and Conditions at any time. DC shall explicitly point out any such amendments to the Client. The Client has the option to object to amended General Terms and Conditions within a period of two weeks. DC shall explicitly point out said option with every amendment. Unless the Client objects to an amendment within said period, the new General Terms and Conditions shall apply to said Client from the day of expiry of said period.

DC shall be entitled to amend these General Terms and Conditions. Such amendments shall enter into force as they become available online in the web pages. This shall apply notwithstanding the option for every Client to terminate his/her membership. Continued use of the DC services by a Client will signify that the amendments have been agreed to.

If a Client objects to amended General Terms and Conditions, DC shall be entitled to terminate without notice the free membership described in item III.(1). In such a case, DC shall be further entitled to object to an automatic extension of the chargeable membership as specified in items II.(5), III.(3), VIII.(3). In this case, chargeable membership shall terminate upon expiry of the access period specified at that time. DC shall declare any objection to an extension of chargeable membership no later than two weeks before expiry of the access period concerned.

Clients are thus requested to take due note of the most current version available online on the website at all times. A presence of the Client on the website is subject to an unconditional acceptance of any revision or amendment.

XVII.  General Terms

These General Terms and Conditions and any and all legal relations between Client and DC shall be governed by South African law to the exclusion of conflict of laws provisions. In the case that any one provision in these General Terms and Conditions should be or become null and void or incomplete, the validity of the remaining General Terms and Conditions shall remain unaffected.

Any invalid or incomplete condition shall be replaced or supplemented by a valid one which comes closest to the intended economic outcome.

The registered domicile of DC shall be the exclusive place of jurisdiction for any and all disputes arising in conjunction with DC.

XVIII. Right of Revocation

The Client shall have the right to revoke the contractual relationship under item III (1) with DC within 2 weeks from entering into the contract (registration date) by way of a written declaration addressed to DC at the email address indicated in item XIII. or via surface mail to the address indicated in XIX.

The Client shall have the right to revoke the contractual relationship under item III paragraph (3) with DC within 2 weeks from entering into the contract (registration date) in the same way, as long as no chargeable services have been used yet. Said right of revocation shall cease once use of the service has begun.

XIX.   Domicile of the Company

The domicile of DC shall be, Louwtjie Rothmans Crescent, Atlantis, Western Cape, Republic of South Africa. The DC web pages shall be hosted on servers of DC or its appointed agent.