Terms and Conditions

Please read these terms and conditions carefully before using Our Service

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Association

(referred to as either “the Association”, “We”, “Us” or “Our” in these Terms) refers to CYBA (Charter Yacht Brokers Association. Website: www.cyba.net

Applicant

Refers to a person applying for access to the Services of the CYBA E-Contract.

Subscriber

Means an individual who has been granted access to use the Services of the CYBA E-Contract and who has, where required, paid subscription fees for this Service.

Criteria

for access to the Service to become a Subscriber of the Service is set out on the Association’s published “Application Criteria” as amended from time to time, a copy of which is available here (Click to Link)

Service

refers to the use of the CYBA E-Contract on the Association’s Website. The Association will use its reasonable endeavors to maintain the Service but reserves the right to update the Service at any time.

Website

refers to CYBA.net, accessible from www.cyba.net

Access Code

means the password and user name which is issued by the Association and which is unique to each Subscriber. This Access Code may not be divulged to or used by anyone else. Any breach of this Term may cause Access to Service to be temporarily or permanently cancelled and may include other sanctions at the discrection of the Association.

Device

means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Terms and Conditions

(referred as “Terms”) mean these Terms and Conditions that form the entire agreement between the Subscriber and the Association regarding the use of the Service

Third-party Social Media Service

means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Liability

means actions, awards, costs, claims, damages, losses (including without limitation any direct or indirect consequential losses), demands, expenses, loss of profits, loss of reputation, judgments, penalties and proceedings and any other losses and/or liabilities and which may be referred to elsewhere in these Terms.

means the authorized reproduction of the E-Contract published on the Association’s website. It is to be used solely for the purpose of providing the E-Contract for commercial use by the Subscriber relating to a client booking a charter yacht. The Association reserves the right to take legal action in any jurisdiction in the event of any unauthorized reproduction, transmission or use of material published or displayed on the Association’s website.

Force Majeure Event

means an event beyond the reasonable control of the Association including but not limited to strikes, lock-outs or other industrial disputes, loss of communications or computer (software and hardware) services, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, failure of a utility service or transport network, act of God, war, riot, civil commotion, disaster, pandemic, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

Subscription

means the amount payable for the use of the E-Contract, currently at the rate set out below as amended from time to time. The annual year runs from 1st January to 31st December each year. CYBA, AYCA, MYBA and IYBA Member have automatic access to the E-Contract and the Service is free of charge. This is open to review in March 2022.

For non CYBA, AYCA, MYBA Members, subscription is XXX? Per Annum

Payment of Fees

means the consideration for use of the Service by the Subscriber and shall be the Fees that were notified at the time of application to become a Subscriber, or as changed by the Association and notified from time to time in future. You shall pay those Fees in the manner dictated by the Association on the dates determined at the time of approval for Subscription. If any fees due for Subscription to the Association are not paid by the due date then the Association may suspend or terminate any access to the Service.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between the Subscriber and the Association. These Terms set out the rights and

obligations of all users regarding the use of the Service.

By accessing or using the Service the Subscriber agrees to be bound by these Terms. If the Subscriber disagrees with any part of the Terms, they may not access the Service. These Terms apply to all authorized users.

By accessing or using the Service the Subscriber agrees to the acceptance of and compliance with the Privacy Policy of the Association. The Privacy Policy describes CYBA’s policies and procedures on the collection, use and disclosure of any personal information when the Subscriber uses the Application or the E-Contract on the Website and explains privacy rights and how the law protects the Subscriber. Please read the Privacy Policy carefully before applying for Service.

All Subscribers are granted, or refused, access to the Services of the CYBA E-Contract on an Individual Subscriber basis. Access to the CYBA E-Contract Service is non transferrable from one Subscriber to a non-Subscriber unless by express permission of the Association and only under exceptional circumstances.

Refusal or Termination of Service

We may terminate or suspend access to the Subscriber immediately, without prior notice or liability, for any reason whatsoever, including without limitation if he/she breaches these Terms.

Upon termination, the Subscriber loses the right to use the Service which will cease immediately, and the Association shall have no liability resultant of termination of the Service. An application to regain access to the Website and the Service may not be presented for consideration until the expiry of one year after the date of termination.

Reasons for CYBA to refuse access to the E-Contract could be for the following circumstances:

a). Any Applicant or Subscriber who contacts Owners or Captains of Yachts with a view to arranging charters directly between themselves without the involvement of the Central Agency;

b). Sharing of the E-contract Service is not permitted. An Individual User/Subscriber sharing access to the E-Contract service with any other person or company who does not have authorized access to the E-Contract faces termination of use;

c). Any behaviour that contravenes Points 1 – 15 in the CYBA Standing Rules (https://www.cyba.net/standing-rules/) or is deemed as unprofessional or unethical;

d). Conviction of a Subscriber of a serious criminal offence, or a criminal offence involving dishonesty;

e). Any breach of these Terms and Conditions which, having been advised by CYBA in writing, the Subscriber does not correct within 14 days;

f). Any repeated or persistent breach of these Terms and Conditions;

g). Provision of false or knowingly incorrect or misleading information to CYBA regarding the Individual User and/or the Subscriber;

h). Any Subscriber who is declared insolvent, bankrupt, in receivership or administration whether current or envisaged, must declare such to CYBA, who will consider the situation and decide whether to terminate the service;

i). When using the CYBA E-Contract, Subscribers abide to use the Contract generated by the E-Contract system and not to manipulate or alter it in any way. The Contract must retain its original unique serial number as shown on pages 1 & 2.

Limitation of Liability

Notwithstanding any damages the Subscriber might incur, the entire liability of the Association and any of its suppliers under any provision of these Terms and any exclusive remedy for all of the foregoing shall be limited to the amount actually paid by the Subscriber through the Service on a pro rata basis or 100 USD if the Subscriber has not purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Association or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, damage to goodwill, special damages, aggravated punitive and /or exemplary damages, loss of communications, loss or corruption of data or other information, for business interruption, loss of business / contracts /opportunity and production, and security breach by any third party with any communications network, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Association or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

The Association shall have no Liability for any delay or failure in performing its obligations or the provision of Service as a result of a Force Majeure Event. If the Event causing such delay or failure continues for in excess of one month the agreement formed by these Terms may be terminated immediately on written notice at the option of the Subscriber or the Association who is not affected by the Event.

Some States do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these States, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Service Disclaimer

The Service is provided to the Subscriber “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Association, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, the Association provides no warranty or undertaking, and makes no representation of any kind that the Service will meet any specific requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Association nor any of the Association’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Association are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to the Subscriber. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country of the United States of America, excluding its conflicts of law rules, shall govern these Terms and the use by the Subscriber of the Service. The use by the Subscriber of the Service may also be subject to other local, state, national, or international laws.

Disputes Resolution

If the Subscriber has any concern or dispute about the Service the Subscriber agrees in the first instance to try to resolve the dispute informally by contacting the Association.

If not resolved, any dispute arising out of, or in connection with these Terms shall be referred to a mediation / arbitration process in the United States (unless the parties agree a different location) by a single arbitrator appointed by agreement between the parties or, in default of agreement within 14 days, nominated on the application of either party by the President for the time being of the Miami Maritime Arbitration Council, who shall also negotiate and agree the terms of appointment for the arbitrator. The parties to the dispute shall initially pay and bear the fees of the arbitrator equally. This clause shall not prevent either party seeking interim injunctive relief from a court of law.

For European Union (EU) Subscribers

If You are a European Union consumer, the Subscriber may benefit from any mandatory provisions of the law of the country in which the Subscriber is resident in.

United States Legal Compliance

The Subscriber represents and warrants that (i) the Subscriber is not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) the Subscriber is not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms may have been translated if we have made them available to the Subscriber on our Service. The Subscriber agrees that the original English text shall prevail in the case of a dispute.

Changes to these Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, the Subscriber agrees to be bound by the revised terms. If the Subscriber does not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

For any questions about these Terms, please contact the Contracts Committee on:
TBA
TBA