Terms of use

[vc_row][vc_column offset=”vc_col-lg-9″][vc_column_text]WestYachtPrestige Terms and Conditions

1. Applicability

These terms and conditions of WestYachtPrestige, 2915 Ogletown Road# 3699 Newark, DE 19713 U.S.A (hereinafter
referred to as WYP ) govern the use of the online platform operated by WYP, the boats and
services offered through the platform. In particular, the General Terms and Conditions apply to
all contractual agreements concluded with WYP. Any person who has entered into a contractual
agreement with WYP is hereinafter referred to as a client.

2. Entry into force, right of revocation, termination by WYP

WYP has the right to deactivate a customer’s user account at any time without giving reasons or
to terminate a previously concluded agreement within 14 days of its conclusion, without giving
reasons and without compensation.
If the client uses the platform and/or the boats or services offered on the platform in a way
that is contrary to the agreement, is illicit or contravenes good morals or if the client has
generated complaints by transmitting to WYP data of insufficient quality, such as data relating
to the advertisement, WYP is entitled to immediately withdraw from the agreement without
compensation and to stop offering its services without prior notice to the client and without
having to compensate the client and to deactivate the client’s user account ; in either case,
any price paid in advance for a certain contractual duration shall fall to WYP and the client
shall not be entitled to any reimbursement. Any claim by WYP remains reserved.

3. Use of the platform with or without registration

The platform can be used with or without registration. However, the use of certain services
requires registration. Only persons aged 16 years or older can register on WYP. WYP reserves
the right to restrict registration to certain countries.
It is forbidden for the user to display personal contact information: addresses, telephone, e-
mail addresses, social networks or any other means of communication.
WYP considers as a customer the person who uses the user identification and password,
regardless of whether that person actually has the right of access. The person who registers is
responsible for the proper use of the user identification and password.

4. Prices and terms of payment

Unless expressly agreed otherwise, prices are calculated according to the current WYP price
list. WYP reserves the right to adapt prices at any time to market and/or price developments.
Unless expressly agreed otherwise, prices are either in Euros or in dollars at the current stock
exchange value.
For all transactions between private individuals and/or professionals via the WYP platform,
WYP receives 7% commission on the total posted price of the boat and the resulting services.
Depending on the vessel/yacht or WYP’s service, payment in advance according to the payment
terms offered by WYP is required; otherwise the payment term is ten days from the invoice
date, unless a different payment term is agreed upon separately or stated on the invoice. If
payment is not made within the payment term, the customer shall automatically be in default.

WYP can also refuse to perform and terminate the agreement immediately and without
compensation, without the need for prior notice of default. Furthermore, if, during the term of
the agreement, payment is not made within the set period, WYP is entitled to block the
customer’s access to his user account. Payment in full of all outstanding invoices shall result in
the lifting of the blocking. In this case, the customer is not entitled to an extension of the
contract period in proportion to the duration of the block. At the end of the payment period,
the statutory interest on arrears is due. A reminder fee of EUROS 100.00 per reminder is to be
paid in addition. In addition, the customer shall bear the damage suffered by WYP as a result
of the delay in payment and/or termination of the agreement.

5. Prohibition to re-use information

The commercial use of information and content is reserved for customers. Apart from this,
customers do not acquire any rights to the content or information made available on the
platform. Any infringement will be subject to civil and criminal penalties.
Customers expressly undertake not to use, in any manner or form whatsoever, the information
or content made available on the marketplaces outside these. In particular, customers shall
refrain from copying, publishing or otherwise reproducing (e.g. on the Internet) the data
accessible on the platform, or linking it to other data.

6. Intellectual property rights

All rights to the information, elements and contents of the platform, in particular the
copyrights, trademarks and designations contained therein, are the property of WYP or third
parties to whom WYP has granted corresponding rights of use.
Insofar as the contractual use of the platform presupposes the granting of rights of use to
customers linked to copyrights, know-how belonging to WYP, these are granted by WYP on a
non-exclusive, non-transferable basis and to the extent necessary for the duration of the
corresponding agreement. The rights of use granted to the customer are personal and non-
transferable. If the customer agrees with WYP on the use of a partner’s service (cf. Section 14),
this paragraph also applies analogously to such services.
The content, data, text, videos, photos, graphics and other content that the customer
transmits to WYP for publication on the platform (hereinafter together referred to as
advertisement data) must not infringe any rights, in particular any rights of third parties such
as rights of protection of personality and intellectual property rights. The customer may only
provide WYP with data relating to the advertisement that he has created himself or whose use
has been authorised by the owner of the rights.
No address (postal or electronic), no telephone number should be visible on the photos used in
the ads. Pictures showing persons whose faces are easily recognizable may only be used with
the consent of the corresponding persons.
All documents relating to the object, photos and templates produced by WYP on the Client’s
order are the property of the Client as soon as the Client has fully paid the corresponding
invoice to WYP.

7. Operation and development of the platform

The operation and management of the platform is carried out by WYP. WYP has the right to call
upon third parties in order to perform the services it has undertaken to provide. WYP
endeavours to manage the platform by avoiding as much as possible disturbances. WYP also

endeavours to limit the duration of interruptions for the purpose of repairing disturbances,
maintenance work, the introduction of new technologies and other similar activities, without
however being able to
completely exclude these. Technical development is at the sole discretion of WYP.
Partner services (see Section 14) are operated and managed by the partners concerned.
Technical development is at their own discretion.

8. Publication of announcements

By providing WYP with advertisement data, the customer authorizes WYP to insert the
corresponding advertisement on its platform as well as on other online and offline WYP
channels (e.g. at trade fairs). However, there is no right to publish the advertisements within
the scope of these services.
WYP has the right at any time to interrupt, modify or stop the publication of the ads entirely,
for any reason whatsoever and without compensation. Likewise, WYP reserves the right to use
the advertisement data for other purposes, either for itself or for partners, for example to
compile statistics or to publish them in another way, and to save and process them for this

9. Data protection

The processing of data (in particular personal data) shall be carried out in accordance with
data protection provisions.

10. Rights and obligations of the customer

The customer undertakes to use the platform and the partner services included therein (see
section 14) in accordance with the law and the contract. In particular, the customer shall
• that it will transmit all advertising-related data communicated to WYP in the form and
quality required by WYP, in accordance with the rules for the insertion of the relevant
marketplaces ;
• that he is entitled to pass on all advertisement data provided to WYP directly or
indirectly via third parties and that he is authorised to use this data within the
framework of the contractual agreements with WYP ;
• that the advertisement data transmitted to WYP is complete, truthful, not misleading
or unfair, and that it is continuously updated by WYP ;
• that the boats or services it offers are correctly and truthfully described, have the
characteristics described and do not infringe any laws in force or the rights of third
• that he accepts these terms and conditions and always undertakes to respect them.
Without being obliged to do so, WYP is entitled, at any time, to modify or not to
process, for legal or technical reasons, the data relating to the advertisement
transmitted by the customer.
The customer grants WYP the exclusive right to use the advertisement data made available.
These data may not be used, taken over or copied by third parties, unless the customer
authorises it to do so. The customer is not entitled to demand that third parties acquire the
advertisement data made available by the customer for publication on their platforms. Even if

the customer authorises the third party, WYP is not obliged to allow the acquisition of the data
in question.
If WYP is taken to court by a partner or a third party due to the use of the platform, an
agreement with the client, the advertisement data made available by the client or the
products or services offered by the client, the client is obliged, from the first solicitation of
WYP, to fully compensate it and to exempt it from any liability, including the legal and other
costs of WYP. At WYP’s request, the client is also required to provide any document that WYP
deems useful for its defense and to join the trial.

11. Risk

The customer shall bear all risks that may arise as a result of manipulations on his computer
system, malfunctions of his computer system and/or misuse of access rights.

12. Liability and Warranty

The platform includes information and content from WYP as well as from advertisers and WYP
partners. WYP makes every effort to ensure the accuracy of this information and content, but
expressly disclaims any liability in this regard, in particular with regard to the truthfulness,
correctness, completeness and topicality of the information and content. WYP also declines all
liability for damages that may result from the consultation, access, and use of this information
and content. Access to and use of such information and content is solely at the client’s own
The customer is fully responsible for the products and services he offers on the marketplaces as
well as for the content he transmits to WYP (in particular data relating to the advertisements,
the advertisements themselves and the print orders). WYP is not responsible for the content
provided by the client. WYP does not assume any guarantee for the boats and services offered
by the client on the platform, nor for the conclusion of contracts that could result from this,
such as sales contracts between clients or with users and third parties.
WYP does not check the content of websites linked to the platform and is not responsible for
the content of such sites.
WYP shall only be liable in cases of intent or gross negligence. Under no circumstances shall
WYP be liable for consequential damages or loss of profit. If, despite all due care, WYP is
unable to fulfil its contractual obligations due to force majeure such as natural disasters,
armed conflicts, strikes, unforeseen restrictions by the authorities or technical malfunctions
attributable to third parties, the client is not entitled to demand the execution of the contract
as long as the event in question lasts.
In the case of work that is assessed in accordance with the rules applicable to the contract for
work, the customer only has the right to demand that WYP rectifies the defects. Withdrawal
from the contract and reduction of the price are excluded. Insofar as legally permissible, WYP
excludes any liability for consequential damages due to defects.
WYP is not liable for abuses committed by third parties on the Internet, nor for the resulting
damage to the customer. WYP is also not liable for security faults and disturbances of the
telecommunications network of third parties and the Internet, nor for interruptions of
operation or disturbances of the market places, nor for offers of third parties.

13. Legal status of WYP

WYP is not a party to contracts concluded between customers, users or other third parties in
relation to the products and services that the customer offers on the platform. WYP is in no
way responsible for the conclusion of these contracts or for any risks arising therefrom.
The information and content reproduced on the platform does not constitute an invitation by
WYP to make an offer, nor an offer or recommendation to rent and/or purchase.
Without being obliged to do so, WYP is entitled to monitor the behavior of users and customers
and their content on the platform and to verify their eligibility.

14. Use of WYP Partner Services

Each time the customer uses the services of WYP partners integrated in the platform, the
customer accepts the corresponding terms of use of these services.

15. Prohibition of compensation
The customer is not entitled to set off its debts against debts of WYP.

16. Prohibition of assignment
The customer is not entitled to assign its contractual relationship with WYP to a beneficiary
without the written permission of WYP. Likewise, claims arising from the contractual
relationship with WYP may not be assigned to third parties without the written consent of WYP.

17. Confirmation and modification of the present general terms
and conditions
The customer approves these general conditions each time he pays for an ad and publishes it
on the WYP platform. He can thus always consult the updated version of the general terms and
WYP reserves the right to modify these terms and conditions at any time. The updated version
is published on the platform in the designated space.

18. General provisions
If a provision of a contract is found to be invalid or unenforceable, it shall only be rescinded to
the extent that it is invalid or unenforceable and shall otherwise be replaced by a provision
which comes as close as possible to it from an economic point of view. Any gaps in the contract
must be filled by rules which come as close as possible to what the parties to the contract
would have agreed if they had thought of settling the point in question at the time of
conclusion of the contract, in accordance with the spirit and purpose of the contract in

19. Applicable law and place of jurisdiction
The present general conditions are exclusively governed by Israeli law, to the exclusion of
private international law (LDIP). The exclusive place of performance and jurisdiction is at the
registered office of WYP. WYP is also entitled to sue the customer in the courts of its
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