1. General Disclaimer
BASCO is not an online auctioning website. BASCO is the authorized agent of Marine Auctions Pty Ltd. BASCO provides an online platform in the field of vessel auction for those who wants to sell or buy boats through the auction conducted by Marine Auction Pty Ltd. We introduce sellers to Marine Auction and all the dealings are then made between Marine Auction and the Seller. Therefore, the users participating in the auction are requested to read and thereby comply with the terms and conditions provided by Marine Auctions Pty Ltd. All the terms and conditions relating to the auction are governed by the terms of Marine Auctions Pty Ltd. If you find the terms and condition governing the auction to be unacceptable, then you should not use the services. We are not responsible and hold no liability in the cases where bids get rejected or any other bidding matter related thereto or where a user suffers any loss or damage for not complying with the terms of Marine Auctions Pty Ltd.
2. Vessel Disclaimer
The Vessels sold through this Website are on “as-is” basis. You agree that vessels purchased using our services / Website are purchased without any warranty express/implied, including but not limited to any warranty of fitness for a particular purpose or merchantability. BASCO disclaims any condition, representations and warranties. BASCO is not liable for any inaccurate information provided by the seller. You agree that it is your sole responsibility to ascertain, confirm, research, inspect and / or investigate any vessel and all related information before making a purchase. BASCO is not liable for any undisclosed or hidden damages or damages discovered at the later stage.
3. Information Disclaimer
The seller of the vessel is required to provide information relating to the vessel, the condition and history of the vessel as detailed and accurate as possible. BASCO does not guarantee the accuracy, truthfulness and completeness of any of the information provided online or otherwise for vessels sold through BASCO’s website or services, and the information is only provided for convenience. The information provided is not intended to and does not constitute a representation or guarantee of any kind
4. Restrictions on Use of Materials
The Intellectual Property rights to or over the contents contained in this website belongs to BASCO. The contents on the website (and any derivative works or enhancements of the same) including without limitation to graphics, data, text, illustration, sound, music, video, layout, page headers, button icons, photograph, arrangements, source code, software compilations and programming (including HTML or other codes) and any other materials, contained or available in the Website are the copyrighted work of BASCO and is protected under copyrights and other intellectual property laws and relevant international treaty provisions. No such material from this website shall be reproduced, republished, uploaded, posted, transmitted or otherwise distributed in any way without the prior written consent of BASCO.All the intellectual property rights to the trade names, trade dress, trademarks, logo, service marks that may appear in the website are owned by BASCO, its licensors, affiliates or identified third parties. You thereby agree not to use, reproduce, sell, transmit, create derivate work or distribute any content from the Website.Use of our services does not entitle you to make any unauthorized use of any protected content. You may download files provided in this website onto a single computer for your own personal and non-commercial use provided that, you keep intact all accompanying copyright and other proprietary notices. You may not display, distribute or otherwise use any of the files for any commercial purpose unless you receive specific written consent from BASCO.Any such unauthorized acts is expressly prohibited by law and may result in severe civil and/or criminal penalties.5. Registration, Password, Security and Cookies
If any pages of this website requires you to register an account, you must provide us with accurate, complete and updated information. You will also be asked to choose a username and a password. Please select a password that would not be easily guessed for security purposes. Upon learning that any person has acquired knowledge of your password or has used your password to access or use the website or effect any transaction (whether with or without your knowledge and consent), you shall
a. immediately notify BASCO thereof;
b. at BASCO’s request, make a police report thereof;
c. provide BASCO with any other information may be required; and
d. immediately change your password.
6. Links to third party sites
Our website may contain links to other websites operated by third parties, such as our business partners. These third party links are not controlled by us and therefore we do not ensure and are not responsible for the availability, content and privacy practices of such third party websites. We encourage you to learn about the terms and privacy policies of such third party websites.
Once you have left our website, you should check the applicable terms, conditions and policies of the third party website to determine the conditions governing their services and how they will handle any information they collect from you.
7. Third party Content
Third party content may appear on or may be accessible via links from this website which are not maintained by BASCO. BASCO shall not be responsible and assumes no liability for any infringement, mistakes, misstatements of law, defamation, libel, slander, omissions, falsehood or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the website. BASCO disclaims all responsibility and liability for the use of linked web sites which are accessed and used entirely at your own risk.
8. Right to limit Access
BASCO reserves the right to terminate, suspend, change, update, modify or discontinue any aspect of this website from time to time. BASCO also reserves the right to impose limits on certain features and services, to deny or restrict access to parts or all of the website to any particular person, or to block access from a particular Internet address to this website, at any time, without notice or liability.
9. Prohibited Activities
(a) Use the Website in any illegal manner or any manner which encourages or promotes illegal activities;
(b) Modify, adapt, translate or reverse engineer or re-format or frame whole or any part of the Website;
(c) Upload or distribute any virus, bugs, trap doors, harmful codes or other similar software or programs that may damage the functioning of the Website or other user’s device;
(d) Violate, abuse, manipulate or exploit any terms and conditions of this Agreement or any code of conduct or other guideline as provided under the Website;
(e) Make any defamatory, derogatory, abusive, inappropriate, indecent comment or statement about BASCO and its associates and partners or any property owned by BASCO;
(f) Circumvent, disable or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content;
(g) Collect or harvest any personally identifiable information or non-personally identifiable information from our Services including, without limitation, user names, passwords, email addresses;
(h) Attempt to crawl, scrape, extract, and harvest or otherwise access any data or content of the website via any automated means or systematic means;
(i) Attempt to test the vulnerability of the Website by using unfair means to disproportionately put load on the Website’s infrastructure.
(j) Make efforts to subvert the website’s navigational structure by hacking into the Website or Website database to obtain information about our business practices that is not available for personal use.
(k) Engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.
(l) Encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity;
10. Copyright Policy and Other legal matters
10.1. We take copyright infringement claims very seriously and do not encourage the posting of any copyrighted materials at our website. We strictly follow the Singapore Copyright Act while dealing with copyright claims and Chapter 63 of the said Act provides us with legal immunity from copyright liabilities. If you believe that your work is copied and posted in our website in a way that it constitutes infringement, you may send us a takedown notice with the following information: (1) name, address, telephone number, facsimile number (if any) and email address of the complainant and the address for service in Singapore if complainant is not resident in Singapore; (2)sufficient information to enable BASCO to identify the infringing material and its online location; (3)a statement that the complainant requires BASCO to remove/disable access to the material;(4)a statement that the complainant, in good faith, believes that the material is an infringing copy;(5)a statement that the information in the take-down notice is accurate;(6)a statement that the complainant is the copyright owner or exclusive licensee or that he is authorised to act on behalf of such owner or exclusive licensee; and (7)agreement that the complainant submits to the jurisdiction of the Singapore courts.
10.2. Upon receipt of a copyright notice, we may remove the infringing content from our website if we are of firm belief that the claim submitted are genuine and infringes upon the copyright of the complainant.
10.3. You can also submit similar information to us about any alleged trademark infringement so that we can take appropriate action.
10.4. Although we prohibit the users from posting any defamatory or derogatory contents in the website, we cannot ensure no such content has been submitted. The contents posted are not reviewed prior to the submission. If you believe that any content or statement is defamatory then you may write us about the alleged defamatory content with full details of who you are and how the material is defamatory and, if we agree it is defamatory, we may remove it. However, do not attempt to sue us, whether or not we remove such material, as all the contents posted in the website are submitted by third parties and we do not hold any responsibility over the same.
11. Right to Cancel or Postpone any sale/ auction
The auction conducted by Marine Auctions Pty Ltd may be needed to be put on hold, cancelled or postponed due to any legal issues or unforeseen circumstances. If this occurs during an active auction, the sale may be put on hold or canceled completely as deemed necessary by Marine Auctions Pty Ltd and/or BASCO. If /when the cancelled/ postponed lot has been cleared for sale again, Marine Auctions Pty Ltd may extend the current auction or re-run the lot at a later date. Marine Auctions Pty Ltd and/or BASCO reserves the right to put on hold or cancel or postpone any auction at any time up to the closing time of the auction.
12. Jurisdiction/ Venue
These terms and conditions will be governed by and construed in accordance with the laws applicable in Singapore and You agree that any claim, demand, controversy, dispute or cause of action arising out of or in relation to this Agreement, your use of our services or any vessel you bid on or purchase using our services (collectively as “claims”) will be resolved in accordance with the laws of Singapore. You and BASCO hereby irrevocably submit to the exclusive jurisdiction of Singapore.
13. Dispute Resolution
BASCO reserves the right to change the Terms and Conditions of Use at any time at its sole discretion. Updated versions of the Terms and Conditions of Use will be posted on the website and are effective immediately. You are responsible for regularly reviewing the Terms and Conditions of Use. If you object to any of the changes to these Terms, or otherwise do not understand or agree to any of the changes to these Terms, do not use BASCO’s Services. By continuing to access or use BASCO’s Services following any change to these Terms, you agree to and are bound by the revised terms.
If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement and all other written agreements with BASCO will remain in full force and effect and shall in no way be affected, impaired, or invalidated, and the parties shall use their best efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term or provision.
To the maximum extent permitted by applicable law, you agree to defend and indemnify BASCO, its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies (collectively, the “Website Parties”) against any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including without limitation interest which may be imposed in connection therewith), expenses of investigation, reasonable fees, costs and disbursements of attorneys, counsel, and other experts (at trial and on any appeal), and cost to BASCO of any funds expended arising out of, resulting from, or related to any claim brought by a third-party arising from or relating to your access to or use of the website, breach of this terms, and other policies, or your violation of any law, rules or regulations or the rights including infringement of intellectual property rights of any third party.
17. Waiver of Liability
You acknowledge and agree that your access to and use of the website is at your own risk. In consideration for providing you with access to the website, you hereby absolutely and unconditionally release and waive from any and all claims, demands, or causes of action of any kind, nature, or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which you had, now have, or claim to have against us for or by reason of any act, omission, matter, cause, or thing whatsoever arising out of or in any way related to your access to or use of the website, whether such claims, demands, and causes of action are matured or unmatured, known or unknown, liquidated, fixed or contingent, or direct or indirect.
All notices to the users will be sent to their mails or will be posted on the website. The users, who have maintained their e-mail address with us, will be receiving notice in such e-mail address only. Email notices are deemed received the Business Day after transmission if properly addressed to the intended recipient.
In case of any question the user can contact us at [email protected]
or call us at +65 9155 4060