Thank you for visiting our website.
These terms and conditions govern your access to and use of our website.
By accessing, browsing, and using our website, you and the entity you are authorised to represent accept and agree to be bound by the terms and conditions set forth below.
If you do not agree to all of the terms and conditions, do not access or use the website.
Please read these terms and conditions carefully before using this website.
The access and use of the website is also conditioned on the user’s acceptance of and compliance with our Privacy Policy.
Interpretation
The following definitions and rules of interpretation apply.
Company refers to Phoenix Yacht Management L.L.C. References to “we”, “our” and “us” should be interpreted as references to the Company.
Terms mean these terms and conditions governing the use of the Website.
Website means the Company website, which is www.phoenix-yachts.com, and any sub-domain of this website, unless expressly excluded by its own terms and conditions of use.
User means the individualaccessing, browsing and using the Website, or the entity such individual is authorised to represent. References to “you” should be interpreted as references to the User.
Intellectual Property Rightsand License
Any and all intellectual property rights (“Intellectual Property”) associated with the Website and its contents, features and functionality, including but not limited to all information, software, text, displays, images, graphics, and the design, selection and arrangement thereof (the “Content”), are the property of the Company, its affiliates or other entities that have granted the Company the right and license to use such Content. The Content is protected by copyright and other laws in both the United Arab Emirates and other countries.
You may not copy, reproduce, modify, create derivative works of, download, transmit, publicly display, or distribute the Intellectual Property of the Website in any way without our or the appropriate third party’s prior written consent.
The Company grants the User a limited, personal, non-transferable, non-sublicensable, revocable license to (i) access and use the Website, and (ii) temporarily download one copy of the materials (information or software) on our Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not (i) modify or copy such materials (ii) use the materials for any commercial purpose or for any public display (commercial or non-commercial), (iii) attempt to decompile or reverse-engineer any software contained on our Website, (iv) remove any copyright or other proprietary notations from the materials, (v) transfer the materials to another person or “mirror” the materials on any other server.This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of thematerialsor upon the termination of this license, you must destroy any downloaded material, whether in electronic or printed format.
Disclaimer
The Website is provided on an “as is” basis. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
The User understands that we do not guarantee or warrant that the Website will be free of viruses, bugs or other destructive code. We will not be liable for any loss or damage whatsoever caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, programs, data or other proprietary material due to your use of the Website or to your downloading of any Content posted on it, or on any website linked to it.
The User is responsible for configuring and implementing sufficient procedures to satisfy its requirements for anti-virus protection.
We cannot guarantee that the Website or its Content will be accurate, complete, reliable, error-freeor uninterrupted, that defects will be corrected, or that services or products promotedon the Website will be available.
To the greatest extent permitted by applicable law, the Company excludes all conditions, warranties and representations which may apply to our Website or its Content.
We reserve the right to make changes or corrections to the Website at any time without notice.
Links to third party websites
Our Website may contain links to third-party websites or resources. These links are provided solely for your convenience, and we have no control over the content or availability of any linked sites. We do not endorse and are not responsible for any content, advertising, products or other materials on or available from such sites or resources.
Limitations of Liability
In no event shall the Company be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Website, its Content, or any website linked to it, or any content on such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to loss of revenue, loss of profits, loss of business or anticipated savings, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Indemnification
The User agrees to defend, indemnify and hold harmless the Company against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to the User’s violation of these Terms, or any use of the Website, its Content, information, services and products, other than as expressly authorized in these Terms.
Changes
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.
Your continued use of this Website following the posting of any modification signifies your acceptance of such modification. You should periodically visit this page to review the current Terms.
Termination
You agree that the Company may in its absolute discretion terminate or suspend your access to the Website at any time, without prior notice or liability, for any or no reason.
Upon such suspension or termination, (i) your right to use the Website will cease immediately, and (ii) you must immediately destroy any copies you have made of any Content.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates. Your use of the Website may also be subject to other local, national, or international laws.
Severability and Waiver
Any provision of these Terms which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining Terms hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such Terms in any other jurisdiction.
No failure or delay to exercise any right or remedy under these Terms, shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
Miscellaneous
You agree to use the Website in strict compliance with all applicable laws and regulations, and in a fashion that does not negatively reflect on the goodwill or reputation of the Company.
If you wish to hyperlink to our Website, you may do so with our consent, under the condition you do so in a fair and lawful manner, which does not cause any harm to our reputation or exploit in any way.
We reserve the right to revoke your permission to hyperlink to our Website at any time and without notice, in which case you must remove any link to our Website immediately.
Contact Us
If you have any questions or comments about these Terms, please contact us at info@phoenix-yachts.com