THIS IS A LEGAL AGREEMENT. BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS.
GENERAL TERMS AND CONDITIONS
In this Agreement, the following words and expressions shall have the following meanings:
|Booking||means each particular booking, made by a Visitor, of a Vessel or other Listing, offered by a particular Host and posted in the Website.|
|Business Days||means days that banks are open in Europe.|
|Full Booking Fee||means the fee, as set by each Host, for booking of a specific Vessel or other Listing posted in the Website.|
|Host||means an individual of legal age and of full capacity to contract or a duly represented legal entity which is the legal and beneficial owner of the Vessels, or properly authorized by the legal and beneficial owner of the Vessel, or a person who has obtained an exclusive unconditional right for the use of the Vessels and which posts his Vessels or other Listings on the Website for Booking by a Visitor.|
|Listings||means services offered by a particular Host other than Vessels which are posted in the Website and which must always be subject to the Service Providers prior approval before posted in the Website.|
|Service Providers||means INCREDIBLUE LTD a company registered in Cyprus with registered address at 12 Kennedy Avenue, Kennedy Business Centre, 2nd floor office, 1087, Nicosia, Cyprus and INCREDIBLUE PRIVATE COMPANY§ a company organized and existing under the laws of Greece, with its registered office at 217-219 28 Oktovriou str, Volos, Greece.|
|Services||a Website to which Hosts can post and advertise their Vessels and Listings for Booking and reservation from the Visitors and the Service Providers can provide their expertise and assistance for such posts or uploads if so requested.|
|Service Charge||means the sum payable by the Host to any of the Service Providers, upon the conclusion of a Booking of a Vessel or other Listing through the Website, equal to a percentage of 15% (unless otherwise agreed) of the Full Booking Fee, as a consideration for the provision of the Service. The Service Provider has the right to lower the agreed percentage for promotional or any other purposes.|
|Terms & Conditions||means all the terms and conditions included in this Agreement along with any subsequent amendments as may take place at the full discretion of the Service Providers and which can be seen at their most current version at https://www.incrediblue.com/en/pages/terms-of-service.|
|Visitor||means an individual of legal age and of full capacity to contract, or a duly represented legal entity who enters into an agreement with a particular Host for the reservation of a Vessel and who has agreed to pay the Full Booking Fee.|
|Vessels||mean boats, sailboats, motorboats, and any other kind of sea boats or boats of a particular Host which is being posted in the Website for reservation by Visitors.|
|We||means the Service Providers.|
|Website or Site||means an online platform with domain name incrediblue.com, owned, managed and administrated by the Service Providers.|
|You/you||means the Hosts and Visitors as applicable.|
|Us||means the Service Providers.|
|incrediblue||means incrediblue™ which is a registered trademark.|
By registering, accessing and/or using the Website and Services, whether as a Visitor or as a Host you agree to be bound by these Terms & Conditions and any other Terms & Conditions as they may be amended from time to time and incorporated in these Terms & Conditions and which will apply between you and the Service Providers and which you acknowledge that you have read and understood.
As a Visitor you acknowledge and understand that the legal contract regulating each specific Booking is between each individual Host and each particular Visitor, and that if you make a Booking with a particular Host through the Website you will need to refer to and shall be bound by the booking confirmation, and the booking terms and conditions that will apply to that Booking with the particular Host in relation to payment, cancellation and other related matters.
The Service Providers do not do business as organizers, agents, or providers for Vessels rentals, crew placement and/or other Listings. The Service Providers do not own or manage or lease Vessels or hire others to perform any Listings. The Service Providers do not act as agents for any Hosts. The Service Providers merely make available the Website for Hosts and Visitors to agree and arrange for a Booking of a certain Vessel or Listing. The Service Providers are not contracting agents or representatives of Hosts. Instead, The Service Providers role is solely to facilitate the availability of this Website for the Hosts and to provide the Services related thereto, and any agreement for Booking or Listing is solely between the Host and the Visitor, and it is understood that the Service Providers will not be a party to such an agreement and will not be bound by these Terms & Conditions. Hosts and Guests understand that Service Providers are acting solely as an intermediary for the money transfer between Hosts and Visitors. Hosts and Visitors understand and agree that are solely responsible for determining their own tax reporting requirements in consultation with tax advisors. We cannot and do not offer tax advice.
All those aged under eighteen will not be accepted as Visitors. The Visitor declares and warrants that he/she is over eighteen years of age and that all the personal information provided is true to his knowledge. The Visitor declares and warrants that he/she is legally empowered to enter into the agreement with a particular Host on his/her own behalf or for any agents or representatives acting in his/her name.
The Service Providers grant a non-exclusive, non-transferable, and revocable license to the Hosts and Guests and provides the Services available at this site subject to the following Terms & Conditions. THE SERVICE PROVIDERS MAY AMEND THESE TERMS & CONDITIONS FROM TIME TO TIME WITHOUT NOTICE TO YOU. YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS AND CONDITIONS AT ANY TIME AT https://www.incrediblue.com/en/pages/terms-of-service IN ADDITION, WHEN USING PARTICULAR SERVICES IN THIS SITE, GUIDELINES OR RULES MAY BE POSTED WHICH ARE APPLICABLE TO YOUR USE OF THOSE SERVICES YOUR USE OF THIS SITE AND YOUR RELATIONSHIP WITH THE SERVICE PROVIDERS ARE SUBJECT TO ALL GUIDELINES OR RULES THAT MAY BE POSTED FROM TIME TO TIME ON THE SITE, WHICH ARE ALL INCORPORATED BY REFERENCE INTO THIS TERMS & CONDTITIONS. BY USING THIS SITE, YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE MOST CURRENT VERSION OF THIS AGREEMENT AND ANY GUIDELINES AND RULES POSTED ON THIS SITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THIS SITE.
Visitors and Hosts
Through the Website the Service Providers provide an online platform through which Hosts can advertise their Vessels and/or other related or similar Listings for reservation. Hosts are free to post their fees, adjust the availability for reservation of their Vessels or Listings, manage upcoming bookings, contact and contacted by Visitors of the Website, receive booking requests, earn reviews for their services, post their terms and conditions and many more subject to these Terms & Conditions.
Through the Website a Visitor can make a Booking of a specific Vessel or Listing posted on this Website offered by a Host. Each Visitor by making a Booking through the Website will enter into a direct contractual relationship with the particular Host at which you book. The Service providers act solely as an intermediary between a Visitor and a Host, transmitting the details of the reservation to the relevant Host and sending to the Visitor a confirmation email for and on behalf of the Host. When rendering their Services, information that the Service Providers disclose are based on the information provided to the Service Providers by each Host. As such, Hosts are fully responsible for updating all rates, availability and other information which is displayed on the Website. As such, the Service Providers are only responsible for establishing contact between the Host and the Visitor. The Service Providers shall not be responsible for the non-performance or exact and compliant performance of those services that fall under the scope of the agreement between the Host and the Customer. Each Host remains responsible at all times for the accuracy, completeness and correctness of the information (including the rates and availability) displayed on the Website. The Website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or rating of any Host made available.
As a Visitor you acknowledge and understand that the legal contract regulating each specific Booking is between each individual Host and each particular a Visitor, and that if you make a Booking with a particular Host through the Website you will need to refer to and shall be bound by the booking confirmation, and the booking terms and conditions that will apply to that Booking with the particular Host in relation to payment, cancellation and other related matters.
The Visitor will engage in direct contractual relationship with the Host that will provide the service. Once the Booking of such services will be completed on the Website, the Visitor will receive a written contract from the Host which will regulate all aspects related to the services provided.
Through the Website he Host will post, either by himself or with the assistance of the Service Provider, his Vessel(s), together with the price for booking, details, terms, photos and all other relevant information in connection with the vessels.
The Host will have the opportunity through the Website to post his fees for renting the vessels, adjust the availability of reservation of its vessels, manage upcoming bookings, contact and be contacted by Visitors, earn reviews for its services and post his terms and conditions that will regulate the agreement between the Host and each particular Visitor of the Website.
Prior to the posting of any Listing, the Service Provider will approve such Listing.
The Host is obliged to post to the Website a full description of the Vessel, upload photos and/or images, and/or icons/ and or graphics which will correspond to the Vessel that the Visitor agrees to pay the Full Booking Fee.
The Host shall have the right and the obligation to conclude separate agreements with the Visitors, in which the terms and conditions of the Host’s services will be laid down. It is understood that the Service Provider will not be a party in such agreements and shall not be bound by their terms and conditions.
The Host’s services shall be performed by such employees or agents of the Host that have the relevant technical and professional skills.
The reservation of the Vessels and or any Listing is concluded between the Host and the Visitor under the terms of business of the Host and the Service Providers accept no liability for such transactions. The Service Providers will only allow the Host to use the Services and, where necessary, to offer its expertise and assistance for posts or uploads of the vessels. If requested, the Service Provider, shall receive, notify and forward to each Host any booking requests or enquiries made through the Website by a Visitor. It is understood that the Service Providers shall not in any way act as a contracting agent or representative for you as a Host, nor as a broker or insurer in each case, in relation to your transactions which you conclude with Visitors via the Website.
It is understood that the performance of the Host’s services to the Visitors will not commence until the Full Booking Fee has been obtained in accordance with the Terms and Conditions.
The Host shall, upon the request of the Service Provider, provide the Service Provider with proof of ownership of the Vessel and that all licenses and authorization in respect of the Vessel have been duly obtained.
The Host shall have the responsibility to obtain and keep in force any license and other authorizations required by any applicable law for use of the vessel. The Host is obliged to provide the Service Provider with such licenses and authorization upon Service Provider’s request. In case a particular Host not providing the Service Providers with the necessary documents proving the proper possession and use of a particular Vessel or a properly signed charter party (where this is obligatory), the Service Providers will not be obliged to release to that particular Host the Fees (minus the Service Charge) received from a Visitor/s regarding the particular Booking.
The Service Provider may suspend or stop providing its Services to the Host, if the Host does not comply with the Terms and Conditions of the Service Provider or any applicable law.
The Host agrees that the Service Provider may review Host’s uploads to the Website and may remove or refuse to display contents that the Service Provider reasonably believes that reveal the hosts identity to the public including without limitation its full name, company name, links to other websites, telephone numbers, and/or uploads by the Host are illegal or violate Service Provider’s Terms and Conditions or the Applicable Law or any other applicable law.
As a Host you intend to list and post including but not limited to the features, availability, prices, photos of the Vessel as well as the terms regulating the agreement between Host and Guest including your cancellation policies and particular details of those.
The Host will be responsible for determining the price of each Listing and Vessel and any additional charges that may exist. You understand and agree that once a Visitor requests a Booking of your Vessel or other Listing, the price that you have set for such a booking may not be altered. As a Host you acknowledge and agree that you are solely responsible for any of your Vessels or other Listings on the Website.
As a Host You agree that you grant to the Service Providers an irrevocable license and a right of use of all text, graphics, logos, icons, images with any and all other information posted by you in connection to the Vessels or Listings that are posted on the Website. The license and right includes but is not limited to allowing the Service Providers to make use of such text, graphics, logos, icons, images with any and all other information in social networks, newsletters, and to any other kind of advertisement and for such commercial purposes as the Service Providers think fit and proper for the promotion of their business.
The Host agrees that in the event it concludes a Booking with a Visitor as a result of using the Website and Services, then, in consideration of the use of the Website and the Services, the Service Providers shall charge you a Service Charge, exclusive of any applicable VAT and similar sales taxes which may be charged in addition thereon, and in respect of which the Service Providers may issue or be required to issue to a Host a valid VAT or similar sales tax or other invoice (or the Service Providers may so issue to each Host at each Hosts reasonable request). The Service Charge is based upon a percentage of 15% (unless otherwise agreed) of the Full Booking Fee of each Booking that you post for each Vessel or for any other Listing that you may list and post on the Website. The fee is deducted from the first payout to you as a Host and it excludes expenses such as bank transfer fees, credit cards transaction fees, VAT, and other taxes if applicable.
The Service Providers will act as an intermediary between the Host and the Visitor. If a Vessel or other Listing is requested by a Visitor via the Website, then you will be required to either confirm or reject the Visitor’s request. If, as a Host, you confirm that your Listing or a Vessel is available and a Visitor’s Booking is subsequently accepted and confirmed by you through the Website and once the amount of the Booking is captured from the credit card of the Visitor, or in the case of payment by wire transfer once the transfer is confirmed by the bank, then you will receive Visitor’s relevant contact details (including phone number) from the Service Providers. The Service Providers will also forward your contact details to the Guest.
Once the contact details have been provided, the Host will be obliged to conclude a separate agreement with the Visitor agreeing the terms of the Booking and all communication in connection with the Booking transaction should be made between you and the Visitor through the Website as facilitated by the Service Providers Service where required/applicable. In case you reject a booking for any reason, you must send a message to the particular Guest briefly explaining the reason of the refusal.
As a Host agree that, when a Visitor requests a Vessel or other Listing that a Host posts and subsequently the Host accepts the Visitors booking request, and in case the Visitor is paying via bank transfer the Service Providers allow the Visitor 5 days to make payment and until the payment is confirmed (for 5 days) the Vessel will be set in an “Option” status for the requested dates. In such a case where you as a Host have your Vessel or other Listing in an Option Status then you hereby undertake and agree that you consider this Vessel or Listing as booked and you should not proceed with booking it out to any other Visitor and or other third person for the specific date/s.
The Host warrants, declares and undertakes that:
It is the legal and beneficial owner of and has good and marketable title to the Vessel and the Listings and/or it has been properly authorized to use the Vessel and offer the Listing and/or it has obtained an exclusive unconditional right for the use of the Vessel and provision of the Listings.
It has obtained all necessary licenses, permissions, insurances and any other requisites for the use of the Vessel and such licenses, permissions, insurances shall remain in force during the use of the Services and during the period of these Terms and Conditions are in force.
Any picture, photo, drawing, text, icon, logo, graphic, image which is uploaded in the Website by the Host in connection with the Vessels corresponds to the Vessel which will be reserved by the Visitors of the Website and any information in connection to the Vessel is true and correct.
It has substantial knowledge of and expertise in providing his services to the Visitors and maintains high quality of infrastructure while performing its services.
It has in place one or more insurance policies with a reputable insurance firm to cover any liabilities that may arise with the use of the Services or under this Agreement and such insurance policies shall remain in force during the use of the Services and during the period when this Agreement is in force.
It has not breached any law or regulation which breach has or might reasonably be expected to have a material adverse effect in the Website and the business of the Service Providers.
No claims or investigations are being made or conducted against it or any subsidiary or affiliates that have or might reasonably be expected to have a material adverse effect.
It will use reasonable care and skill in performing his services.
The Host acknowledges and agrees that the Service Providers shall be entitled to deduct and retain the Service Charge from such monies collected.
The Service Providers reserve the right to require from you as a Host to provide proof of ownership or exclusive management of the Vessel and the Listings and that all necessary conditions, licenses permissions from competent authorities, insurances and any other requisites arising from any laws of Cyprus or of any other Country were the Vessel is situated or which country’s flag the Vessel is flying are met by the Host or by the owner of the Vessel.
As a Host you undertake to keep the Service Providers and their employees, agents, representatives and affiliates, indemnified against all actions, claims, costs, expenses, including legal costs and legal expenses, suffered by the Service Providers due to any neglect or default of the Host or his agents, employees, licensees or customers in connection with the performance of the Hosts services and/or due to the breach of the above warranties.
Through the Website, the Visitors have the opportunity to search and view available Vessels, including but not limited to information in connection with the Vessel such as details, photos, prices, and contact the Host to inquire and/or apply for a Booking. It is important that Visitors check the information uploaded on the Website. It is understood that the Service Providers shall not have any responsibility whether the information uploaded in the Website in connection with the Vessels or any other Listing is true and correct.
Once the Visitors booking request has been made, the Service Providers will then notify the concerned Host by email to accept or reject the Booking request.
Hosts are required to either confirm or reject the Visitors Booking request within a time limit of 24 hours. If the Booking request is subsequently accepted by the Host through the Website, the Visitor will receive an email confirming the Host’s booking confirmation and the Host’s relevant contact details, and the Visitors relevant contact details will also be forwarded to the Host. The payment process described under Section 6 below will also apply upon receipt of a booking confirmation.
Once such contact details have been provided, all communication for example, concerning details and information about the Booking, including, without limitation, arrival times, will be direct between each Visitor and the Host through the Website as facilitated by the Service Providers where required/applicable.
It is understood that the Host will not make available to the Visitor the Vessel or the Listing until the Full Booking Fee has been obtained in accordance with the Terms and Conditions. However, upon issuing a Booking confirmation, Hosts shall be responsible for providing the service referred to in the Booking confirmation.
If a Visitor requests a Booking, it will be responsible and liable to pay to the Service Providers the Full Booking Fee, subject, in each case, to these Terms & Conditions and any other terms and conditions as agreed between a Visitor and their Host. In order to secure collection of payment of the Full Booking Fee, the Visitors will be asked during the Booking process to provide payment card information and billing address. The Service Providers will obtain a pre-authorisation on the Visitor’s payment card for the total amount of the Full Booking Fee to ensure that the particular Visitor have the necessary amount of funds available to cover the Booking. However, in the case that payment of the Full Booking Fee by the Visitor shall take place with more than one installment according to paragraph 4.8 of these Terms & Conditions, then pre authorization on the Visitors payment card, will take place twice accordingly. Where payment of the Full Booking Fee by the Visitor shall take place via bank transfer according to clause 4.5, then the Visitor shall have 5 (five) Business days to deposit the money into the account. If the Visitor’s booking request is accepted by the Host, the payment process described under Section 4 will apply. If a booking request is refused, expires or is cancelled, any pre-authorisation of the Visitor’s payment card will be released or as applicable, shall expire after a period of up to 30 days unless you contact us to request an earlier release.
As a Visitor, if you cancel your Booking, the provisions and refund levels of Section 5 below will apply. Please note that refunds may not be provided at all since that is a matter governed by each Host’s terms and the Service Providers will not be responsible if the Host refused to refund the Visitors. In that respect Visitors are strongly advised to check the terms of each Host prior Booking. Furthermore the Service Charges are non-refundable and Hosts are only obliged (provided they undertake to do so) to refund a particular Visitor with the Full Booking Fee (minus the Service Charge).
Any monies collected and received by the Service Providers from Visitors for Bookings made on the Website shall be held by the Service Providers subject to a conditional obligation to transfer or account for such monies to Hosts less the Service Charge.
The Visitor undertakes to keep the Service Providers and their employees, agents, representatives and affiliates, indemnified against all actions, claims, costs, expenses, including legal costs and legal expenses, suffered by the Service Providers against any loss, damage or liability (whether criminal or civil) suffered by the Service Providers resulting from any act neglect or default of the Visitor or his employees or agents or breach of any of these Terms & Conditions.
Should a particular Visitor decides to book a Vessel or a Listing with a Host via the Website, the Visitor, acknowledges and agrees that he shall be required to pay the Full Booking Fee as displayed in the Host’s Listing on the Website.
The Service Providers shall, according and subject to the provisions of clause 3.1 of these Terms & Conditions, collect a payment from a particular Visitor equal to the Full Booking Fee as this will be stated on each Host’s post on the Website, immediately when the Host accepts the Visitors Booking, and a Booking confirmation is sent to the Visitor by the Host. As noted above, Hosts are required to either accept or reject a Visitors booking request.
The Service Providers will notify each Host as soon as a Visitor has successfully completed payment. The Service Providers shall initiate the payment, less the Service Charge and any other expenses that might accrue to the bank account of each Host (as this will be notified by each Host to the Service Providers) within 5 to 15 Business Days, subject to any other arrangement as may be agreed between a Host and the Service Providers.
As a Visitor, you hereby authorise and agree that the Service Providers shall debit (whether directly or indirectly via a third party payment processor, subject to that third party’s terms and conditions) the Visitors payment card of the amount of the Full Booking Fee upon confirmation of the Booking by the Host. In cases that payment will take place by more than one installment as described in these Terms and Conditions then the Visitors payment card will be debited accordingly according to the relevant sum of those installments.
Payment can also be made via bank transfer. If bank transfer is the payment method that a Visitor will choose to proceed with, then following the Visitors booking request an email with all the details of the bank account at which payment must be made will be sent to the particular Visitor. The bank account at which payment will be made into will be in the name of the third party payment processor as referred to in these Terms and Conditions. Payment by wire transfer must take place within 5 working days. In case of payment by more than one installment as described above, then two wire transfers will take place accordingly.
The payment shall be taken by a debit of the Full Booking Fee or by such individual sums in case of payment by more than one installments, from one of the acceptable payment methods listed on the Website, which may include bank transfer, debit and credit card (Eurocard/MasterCard, Visa, American Express or Diners Card) and such payment shall be taken in the currency set by the particular Host. The Visitor will also be asked to provide customary billing information such as name, billing address and payment information. As a Visitor, you agree to pay all fees and charges contained in the Host’s booking confirmation as accessed through your account, irrespective of whether the Service was accessed by you or by a third party using your account. It is the Visitors responsibility to take all measures that are necessary to ensure that his password remains secret and to prevent the use or misuse of such password by any unauthorized person. The Visitor shall notify the Service Providers promptly if he discover or suspect that his password has become accessible to or has been misused by any unauthorized third party, so that the Service Providers can block the particular Visitor’s account.
The Service Providers shall hold all monies collected from Visitors upon a booking confirmation, subject to a duty to transfer or account to each Host in respect of such monies, which the Service Providers shall pay to each Host by bank transfer or in any other way agreed between the particular Host and the Service Providers, and in the currency that the particular Host have set for the relevant Listing, less the Service Providers Service Charge as described above. Unless the Service Providers otherwise agreed with each particular Host, the Service Providers shall initiate the payment to each Host of all net monies collected from Visitors which are due to each Host within 5 to 15 business days (being days where banks are open in Europe) from the date of the receipt of the full amount of the Booking from the Visitor or in the case of payment by more than one installments as described below then payment will be initiated to the particular Host in 5 to 15 business days from the collection by the Service Providers of each installment.
Payment of the Full Booking Fee from the Visitor to the Service Providers shall take place as follows: For Bookings earlier than 30 days from check in, Visitors will be requested to pay 50% of the Full Booking Fee and the remaining amount should be paid the latest 30 days prior to the date of check in. For Bookings that take place later than 30 days from check in, Visitors will be requested to pay 100% of the Full Booking Fee (unless otherwise agreed between the Host and the Guest).
Cancellation policy and changes
If a Visitor wants to change his Booking, such Visitor will need to contact and communicate with his particular Host directly. Visitors should note however that, the Host is entitled to, and may therefore, charge Visitors additional charges for such changes and Visitors must also note that the particular Host may not be able to cater such changes at all.
Visitors can cancel their Booking at anytime provided they contact the Service Providers and is in the absolute discretion of the particular Host whether he will agree to provide any refunds and under which terms.
The Service Charge is non-refundable. For the avoidance of any doubt Our Service Charge consists of a 15% (or as otherwise agreed between the parties) of the Full Booking Fee which is posted in each Listing on our Site by each individual Host. In that respect when a Guest is paying the Full Booking Fee the 15% of this sum will be retained by the Service Providers as a Service Charge.
Hosts may pledge to donate a portion of the funds they receive to a particular cause or charity. We do not control, and will not take any responsibility or liability for, whether the Host in fact makes the donation they pledged to make.
This policy applies to information we collect about:
- Visitors to our Website;
- Hosts to our Website;
- People who do business with Us;
The information we collect about you
When a Host, Visitor and any person doing business with us requests our Services, we collect the following personal information from You:
- postal address, email address, telephone number, credit card number, account number and expiry date
Occasionally we may receive information about you from other sources (such as credit reference agencies) which we will add to the information which we already hold about You in order to help US assess you better.
How we will use the information about you
We gather this information to allow us to process your registration, process any orders you may make, provide the Services requested. The relevant information is then used by us, our agents and sub-contractors for the provision of the Services in general.
We may also use aggregate information and statistics for the purposes of monitoring Website usage in order to help us to develop our Website and our Services. This information will not include information that may be used to identify you.
From time to time we may provide your information to our customer service agencies for research and analysis purposes so that we can monitor and improve the Services we provide. We or our agents and sub-contractors may contact you by post, email or telephone to ask you for your feedback and comments on our services.
We will use all reasonable efforts to safeguard your personal information. However you should be aware that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal information which is transferred from you via the internet.
When you use this Website, we may collect information about your computer, such us your IP address and/or browser, which we will use for administration purposes and statistical analysis. This information will not usually identify you personally.
We may also obtain information about your online movements and use of the internet. We do this by placing a “cookieˮ, which is a small file, on your computer’s hard disk. Cookies are used for several reasons:
- to recognize you whenever you visit this website
- to speed up access to this Website (so you do not have to logon each time)
- to store your personal preferences
- to build a profile about you
- to better target our marketing and advertising campaigns
The vast majority of web browsers accept cookies. However, you can change your browser settings so that cookies are not accepted. If you do this, you may lose some of the functionality of this Website
Visitors and Hosts agree:
- not to use this Website to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- not to interfere or disrupt this Website or any networks connected to this Website;
- not to use any device, software or routine or attempt to interfere with the proper functioning of this Website or any transactions being offered at this Website;
- not to take any action that imposes an unreasonable or disproportionately large load on the Service Providers infrastructure;
- not to use this Website to collect or harvest personal information, including, without limitation, financial information, about other participants at this Website; and
- not to impersonate any person or entity or falsely state or otherwise misrepresent the Hosts or Visitors affiliation with a person or entity.
Compliance with Laws
Visitors and Hosts shall comply with all applicable laws and regulations of the Republic of Cyprus and foreign authorities relating to any service, product, or download associated with this Website.
Age and Responsibility
The Visitors and the Hosts represent that they are of sufficient legal age to create binding legal obligations and to be responsible for any contractual and/or financial liabilities that they may incur as a result of the use of this Website. Visitors and Hosts understand that they are financially responsible for all uses of this Website and/or those using their login name and password. Should a Visitor or a Host have lost or become aware that an unauthorized person may have access to his login name and/or password, must contact us the Service Providers immediately.
Posting of Digital Files and/or Communications
If this Website should at any time provide any service which enables Hosts or Visitors or any other third parties to post digital files and/or to communicate with, or otherwise share information with other persons, you agree not to submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, or illegal material while connected to or otherwise directly or indirectly using this Website or other services provided to you by the Website. Transmission of such material or any material that violates any law in the Republic of Cyprus or anywhere else in the world is strictly prohibited and shall constitute a material breach of this Terms and Conditions entitling the Service Providers to immediately terminate all rights to access to this Website. You are solely responsible for all information, which you submit, publish, display, disseminate or otherwise communicate through this Website even if a claim should arise after termination of service. If this Website provides any such service described herein, you agree that all messages and other communications by you shall be deemed to be readily accessible to all other visitors/subscribers who are authorized to access this web site and you agree that all such messages and other communications shall not be deemed to be private or secure.
Neither Hosts nor Visitors are allowed to reveal personal information and contact details including but not limited to their surnames, emails, personal or business websites, skype or other VoIP IDs via the messaging platform of our website. Messages that content such information will be edited and the inappropriate information will be hidden or deleted. Repeated violation of this term might result to temporary or permanent termination of the Service Provision.
Regardless of whether this Website provides any type of service described herein, you agree that you have hereby been informed and noticed that any and all messages and other communications which you either as a Host or as a Visitor submit to this Website directly or through this Website can be read by the operators and/or other agents of this Website, whether or not they are the intended recipient(s). You agree to be personally liable and fully defend and indemnify this Website and the Service Providers for any and all damages directly, indirectly and/or consequentially resulting from your attempted or actual sharing of information or communicating with others through this Website alone, or with or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from sharing of information or communicating with others through this Website including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
The copyright in all material provided on this Website is owned by the Service Providers or by others. You as a Host or as Visitor acknowledge and agree that this Website contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through this Website, including text, graphics, logos, icons, images and software, and the arrangement and compilation of such content, are the property of the Service Providers or their content suppliers or others and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. The Service Providers do not grant any license or authorization to any user of its copyrightable material or other intellectual property, by placing them on this Website. Furthermore, except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Service Providers or the copyright owner. However, you may print a copy of the information on this Website for your personal, non-commercial internal use or records. In so doing, you may not modify the materials and you agree to retain all copyright and other proprietary notices contained in the materials. This permission does not give you any ownership rights in the information and terminates automatically if you breach any of these Terms & Conditions. If you make any other use of this Website, except as otherwise provided herein, you may violate copyright and other laws of the Republic of Cyprus and/or copyright and other laws of other countries and may be subject to penalties.
The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Website are registered and unregistered Trademarks of the Service Providers and others. Nothing on this Website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Website, without the written permission of the Trademark owner. The Service Providers aggressively enforce their intellectual property rights to the fullest extent of the law. The Trademark(s) may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without prior, written permission. The Service Providers prohibit the use of any of the foregoing names or marks as a metatag or as a "hot" link to any site unless the Service Providers approve establishment of such a link in advance in writing. If you have any questions regarding any Trademarks on the Website, please contact the Service Providers.
This Website may provide links to other Internet sites. The Service Providers are not responsible for the availability of such other sites and do not endorse and are not responsible or liable for any content, products or other materials available on such other sites. Links to external web sites do not constitute an endorsement by the Service Providers of those sites or the sponsors of such sites or the content, products, advertising or other materials presented on such sites. Further, the Service Providers reserve their right to terminate any link or linking program at any time. The Service Providers do not author, edit, or monitor these unofficial pages or links. You further acknowledge and agree that the Service Providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, services available on or through any such site if you decide to access any of the third party sites linked to this site, you do this entirely at your own risk.
Participation In Promotions Of Advertisers
You as a Host or as a Visitor may enter into correspondence with or participate in promotions of advertisers promoting their products or services on this Website ("Advertisers"). You acknowledge and agree that any such correspondence or participation, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and Advertiser. The Service Providers shall have no liability, obligation or responsibility whatsoever arising out of or in connection with any such correspondence or participation or transactions.
You acknowledge that the Service Providers or their designee’s reserves the right to, and may (from time to time) monitor any and all activity or information transmitted or received through this Website. The Service Providers in their sole discretion and without further notice, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any information which the Service Providers deem inappropriate (such as that specified in above) or that violates these Terms & Conditions. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of this Website, authorized or unauthorized, constitutes consent to such monitoring. Unauthorized uses and unauthorized users of this Website will be prosecuted to the full extent of the law.
THIS WEBSITE AND ALL INFORMATION CONTAINED ON THIS WEBSITE, AND EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN A LICENSE AGREEMENT FOR SOFTWARE OR CONTENT AND THE SERVICES OBTAINED THROUGH THIS SITE, ARE PROVIDED ON AN "AS IS" BASIS FROM THE SERVICE PROVIDERS AND THEIR INFORMATION PROVIDERS, THE SERVICE PROVIDERS AND THEIR AFFILIATES AND CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THESE TERMS AND CONDITIONS, THE PERFORMANCE UNDER THESE TERMS AND CONDITIONS, THE SERVICES AVAILABLE ON THIS WEBSITE, THE OPERATION OF THE SOFTWARE AVAILABLE ON THIS WEBSITE, THE TRANSACTIONS PERFORMED ON THIS WEBSITE, OR THE INFORMATION, CONTENT AND MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH OF THE SERVICE PROVIDERS AFFILIATES, EMPLOYEESS, AGENTS AND CONTENT PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NON-INFRINGMENT. WITHOUT LIMITING THE FOREGOING NONE OF THE SERVICE PROVIDERS OR THEIR AFFILIATES OR CONTENT PROVIDERS MAKE ANY WARRANTY THAT
- THE SERVICES OFFERED ON THIS WEBSITE WILL MEET YOUR REQUIREMENTS,
- THE SERVICES OFFERED ON THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE,
- THE CONTENT OR INFORMATION AVAILABLE ON THIS WEBSITE IS COMPLETE, ACCURATE OR AVAILABLE, OR
- THE QUALITY OF SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU EITHER AS A HOST OR AS A VISITOR THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
THE SERVICE PROVIDERS AND AFFILIATES AND CONTENT PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU AS A VISITOR OR AS A HOST.
THE SERVICE PROVIDERS AND OR THEIR DIRECTORS, AND/OR THEIR OFFICERS, AND/OR THEIR SERVANTS AND/OR THEIR AGENTS AND/OR THEIR SHAREHOLDERS SHALL NOT HAVE ANY LIABILITY IN CASE OF DEATH OR INJURY OR DAMAGES OR CANCELLATION OF BOOKINGS OR DELAYS CAUSED BY A HOSTS TO THE VISITORS OF THE WEBSITE DUE TO THE HOSTS ACTS, OMISSIONS WHETHER NEGLIGENT OR OTHERWISE OR HOWEVER CAUSED.
THE SERVICE PROVIDERS AND/OR THEIR DIRECTORS, AND/OR THEIR OFFICERS, AND/OR THEIR SERVANTS, AND/OR THEIR AGENTS AND/OR THEIR SHAREHOLDERS SHALL NOT HAVE ANY LIABILITY IN CASE OF DAMAGES, LOSS, ECONOMIC LOSS HOWEVER CAUSED TO A VESSEL OR TO THE HOST BY THE VISITORS OF THE WEBSITE.
The Host and/or the Visitor shall indemnify, defend, and hold harmless the Service Providers and their content providers and their respective shareholders, affiliates, employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that they may sustain or incur arising from
- Your use(either as a Host or Visitor) of the software available at or downloaded from this Website,
- Your failure (either as a Host or Visitor) to comply with any applicable laws and regulations or to obtain any licenses or approvals from the appropriate government agencies necessary to provide be provided with any services,
- Your use(either as a Host or Visitor) of the content available on this Website in any way contrary to this Terms & Conditions
- Your breach (either as a Host or Visitor) of any of your representations, warranties or obligations set forth in these Terms & Conditions,
- the sale, purchase, transportation, delivery, use or disposal of any of the Service Providers services, or download associated with this Website or available through other sites, or any loss suffered by or harm to any person or property in any way relating to of caused in whole or in part by your use of this Website or any service, or download associated with this Website (including, without limitation, any personal injuries or death of any third person caused in whole or in part by such services, the use, transportation, delivery, storage, handling or release thereof), and
- any taxes attributable to the relating to any service, or download associated with this Website.
Beneficiaries of this Agreement; No Other Agreements
The rights and limitations in these Terms & Conditions are for the benefit of The Service Providers, which shall have the right to enforce their rights hereunder directly and on their own behalf.
You as a Host or as a Visitor agree that the Service Providers may, at their sole discretion, deny you access to the Website and disable any login name and password associated with you for any reason, including, without limitation, if the Service Providers believe that you have violated or acted inconsistently with the letter or spirit of these Terms & Conditions. The Service Providers reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services offered under this Website (or any part thereof) with or without notice. You agree that the Service Providers shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services offered under this Website.
The Service Providers will not be liable for any changes caused by natural disasters, threats of war, weather conditions, industrial or labour disputes or any similar event(s) beyond our control.
DISCLAIMER ABOUT RECRUITING AGENCIES
incrediblue generally is fond of recruiting candidates directly and not through agencies. When we need assistance in hiring, we partner up with handpicked agencies and recruiters. Any unsolicited agency resumes will not be accepted. We will agree to pay a fee only after there is a signed recruiting contract in place between incrediblue and the agency and only if we have explicitly engaged the agency to submit resumes for a specific opportunity. In the case of candidates being submitted to incrediblue without a signed contract in place or without being solicited to work on a specific open requisition, incrediblue explicitly reserves the right to pursue and hire those unsolicited candidates without any financial obligation to the outside recruiter or agency. No employee of incrediblue has authority to modify the terms of this notice , or waive the requirement that a written contract be in place prior to submitting candidates.
APPLICABLE LAW AND JURISDICTION
This Agreement shall be governed and construed and interpreted in accordance with the Laws in the Republic of Cyprus and both parties submit to the jurisdiction of the courts of the Republic of Cyprus.
BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN YOU AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET HEREIN ABOVE IN THIS AGREEMENT, PLEASE EXIT THIS SITE.