Terms of use

Access to the Website is subject to the following terms of use.

By accessing the Website, you accept all terms of use that apply to the facilities and services provided. We reserve the right to alter these terms of use at any time and it is your obligation to check regularly if changes have been made. Use of the Website after changes are posted on-line constitutes acceptance of any new terms of use.

In these terms of use: “Bargebook/we/us/our” means IOTC Engineering; “Website” means the Bargebook Website www.bargebook.com; “you”/”your” means the user of the online services.

Access to Website

Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website 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 Website, or our entire Website, to users who have registered with us.

Content

By using the Website to search for barges, you agree that you will only use, reproduce and print materials comprising the results of such searches for your own personal, non-commercial purposes. You must only use the contact details provided by barge owners to contact them in connection with a genuine enquiry relating to the chartering or purchase of the barge in question.

Pages contained in the Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We do not accept responsibility for keeping the information up to date or liability for any failure to do so.

The material on the Website is only for information purposes. It does not constitute advice and you should not rely on any material on the Website to make (or refrain from making) any decision or take (or refrain from taking) any action.

The Website contains material submitted and created by barge owners and other third parties. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material.

We give no warranties, conditions, guarantees or representations, express or implied, as to:-

1. 1. 1. the completeness or accuracy of the advice and information contained on the Website or any associated website;
      2. the content of the listings for barges included in our database, including but not limited to the ownership, quality, authenticity of a barge or the content more generally including any photographs, compliance with description or fitness for purpose of any such barges. Whilst we use reasonable efforts to identify and remove fraudulent listings, we cannot guarantee to identify all fraudulent listings on the Website.
      3. the results of any search of our database or circumstances where there is a limited number of barges selected by the search on our database which might meet the searcher’s requirements.

The Website publishes listings placed by third parties to advertise their barges. We do not own the barges listed for rent or sale on the Website and have no liability for these or for any losses that you may incur as a result of chartering or purchasing a barge, goods and/or any services advertised by third parties. If you choose to charter or purchase a barge, goods and/or services listed for sale by third parties on the Website, the contract will be between you and the third party advertiser and not with us. You are responsible for taking steps to safeguard you and your money before contacting a seller and/or making a purchase. If you see anything suspicious or believe a listing to be fraudulent, please report it to us immediately so we can investigate.

Copyright and trade marks

All rights, including copyright, in the content of the web pages, in the photographs of any barges displayed on the Website and all database rights in our database of barges, are owned or controlled for these purposes by us.

All trademarks, names and logos are the proprietary marks of Bargebook. Marks identifying third parties are owned or licensed by those third parties or their associated companies. No conditions within these terms of use confers on you any license or right under any trademarks, names or logos.

We are not liable for failure to perform any of our obligations under these terms of use caused by matters beyond our reasonable control.

Unless, by exemption permitted within these terms of use, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilize any of the contents of the Website. In particular, you must not cache any of the contents for access by third parties, nor mirror or frame any of the content of the Website nor incorporate it into another website without our express written permission.

Liability

The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy and as otherwise excluded in these terms of use. You understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, fraudulent or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Bargebook with respect to any such Content.

To the extent permitted by law, we and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise by implied by statute.

Any liability for a direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it 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, howsoever 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.

We will need to carry out routine maintenance and servicing of our servers and equipment from time to time. While we will seek to keep disruption to a minimum we cannot guarantee that the Website will be continuously available on-line. We therefore provide the Website on an “as is” and “as available” basis.

We make no warranty that the Website is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software.

We are not liable for any failure to perform any of our obligations under these terms of use caused by matters beyond our reasonable control.

Links to non-Bargebook sites

The Website contains hypertext links to websites that are not operated by us or by our associated companies. We do not control such websites and are not responsible for their content. Our inclusion of hypertext links to such websites does not imply any endorsement of the material contained on the websites or of the owners.

Links to the Website

You may establish a hypertext link to the home page of the Website, without the need for our written consent, provided there is no implied endorsement or sponsorship of you, your company or your website by us.

Subscription details

To gain access to certain services on the Website you will need to subscribe. As part of the subscription process, you will be given a username and password. You agree that the information supplied with your subscription will be truthful, accurate and complete. You also agree that you will not attempt to subscribe in the name of any other company or individual nor will you adopt any username which we deem to be offensive. All personal information supplied by you as part of the subscription process will be protected in line with our Privacy Policy.

General

We reserve the right to assign or subcontract any or all of our rights and obligations under these terms of use to a third party. If we exercise this right, we shall name the assignee or subcontractor on the Website and you will be entitled to terminate the account within 5 working days. You may not without our prior written consent assign or dispose of any rights or obligations arising under these terms of use.

These terms of use of access together with our privacy policy contain the entire agreement and understanding between the parties relating to the Website, and supersede any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either party. We exclude all representations and warranties relating to access to use of the Website, whether they are statutory or otherwise, as far as is possible by law.

If any of these terms of use shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.

These terms of use shall be governed by and in accordance with Dutch law and subject to the exclusive jurisdiction of the Dutch Courts.

If you do not agree to obey these terms of use you must stop using the Website immediately.

Correspondence

All correspondence relating to the Website should be sent to:

Bargebook
‘s-Lands Werf 181
3063 GE Rotterdam
The Netherlands

Email: support@bargebook.com

Registered office: IOTC Engineering, ‘s-Lands Werf 181, 3063 GE Rotterdam, The Netherlands.

Registered in The Netherlands with company number 67044018. VAT number: NL001830228B76.