Terms & Conditions
General Terms & Conditions
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with https://www.upffront.com/ website (the "Service") operated by Upffront GmbH ("us", "we", or "our").
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Upffront GmbH and its licensors. The Service is protected by copyright, trademark, and other laws of both the Germany and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Upffront GmbH.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Upffront GmbH.
Upffront GmbH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Upffront GmbH 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 such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Limitation Of Liability
In no event shall Upffront GmbH, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Upffront GmbH its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of Schleswig-Holstein, Germany, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try 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, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Foredeck club membership T&Cs
Please read these Upffront Owners Club Terms & Conditions carefully. By applying to the Upffront Owners Club, you agree to these Upffront Owners Club Terms & Conditions, which constitute a
binding legal agreement between you and Upffront GmbH., the sponsor of the Program
(https://www.upffront.com/privacy), do not use the Program or any of the services provided herein.
You may terminate your membership in the Program at any time by giving written notice to the Program Administrator (firstname.lastname@example.org). Upffront reserves the right to modify these
Your continued membership use of the program following the posting of any changes to the Upffront Owners Club Terms & Conditions constitutes acceptance of those changes.
Any offer for any feature, product or service made through the program is void where prohibited.
1. Program Content. The Program and all material posted or provided through the Program (collectively, “Program Content”) may be used solely for the limited purposes set forth herein. You may view and print portions of the Program Content only for your own personal non-commercial use but not for resale or other commercial exploitation and not for use other than as provided in these Upffront Owners Club Terms & Conditions. Any other use of Program Content without our prior written approval is strictly prohibited. We reserve the right to suspend and/or terminate any Member at our sole discretion.
2. All Rights Reserved. Everything you see or read using the Program, including the expression, coordination, selection, arrangement, collection, compilation, assembly and arrangement of the Program Content, is protected by copyright and trademark laws, and may not be used except as provided herein without our express written permission. The Program website and any necessary software or other technology used in connection with the Program website and/or Program (software), the collection, compilation, assembly and arrangement of Program Content, is owned by us and/or our licensors and used under license granted to us and contains proprietary and confidential information.
3. Membership to the Program is free and open to all Boat Owners aged 18 years or older except employees, contract staff and/or officers or directors of Upffront GmbH and its parent company, affiliates, subsidiaries, on-site service providers, members of their immediate family (defined as spouse, parent, sibling, child and respective spouses regardless of where they reside) and/or persons living in the same household of such individuals (whether related or not). Application to the Upffront Owners Club can be made by completing the online registration form at http://info.upffront.com/member-program
4. We, in our sole discretion, may refuse any application for membership. An eligible applicant whose application is accepted becomes a Member. Incomplete applications will be deemed invalid. No responsibility will be taken for lost or misdirected applications.
5. Membership Confirmation. You can only apply for membership in your own name. We reserve the right to request an applicant to provide appropriate photo identification or other documentation in order to verify to our satisfaction your identity, age, residential address, eligibility to apply for Program membership and any information submitted when applying for Program membership. If the documentation is not received or an applicant’s details have not been verified or validated within the time requested, the applicant will not be admitted to the Program.
6. Each Member is limited to only one Program membership. Any subsequent applications received from an eligible applicant after their first membership application is received will be deemed invalid. You may not share your Program membership.
7. The Member is responsible for maintaining the strict confidentiality of their login details for the upffront.com Website and is responsible for any activity under their account. You agree to immediately notify the Program Administrator of any unauthorized use of your account or password or any other breach of security. It is your sole responsibility to control the dissemination and use of your password and control access to and use of your account. We are not responsible or liable for any loss or damage arising from your failure to comply with this provision.
8. If you use any social media platform (“Social Media Platform”) to participate in a program related promotion: you consent and acknowledge that your personal social media site may be updated by accessing the Program via social media, including Facebook, Twitter and any Social Media Platform. You consent to the disclosure and transfer of your Personal Information, by the Program Administrator to Social Media Platforms for purposes relating to the Program. Use of Social Media Platforms and links to any third party sites are subject to the terms and conditions and privacy policies of such third parties.
9. The Program is not sponsored, endorsed or administered by, or associated with, any Social Media Platform. You are solely responsible and liable for any content or information you transmit to other Internet users. To the extent permitted by law, you agree to indemnify, defend and hold us, upffront GmbH (the “Program Administrator”) and their associated agencies and companies harmless, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by you and that arise out of or relate to your participation in the Program. Any questions, comments or complaints about the Program must be directed to the Program Administrator and not to any Social Media Platform.
10. We may terminate or suspend any person’s membership of the Program in our sole discretion and without notice for any legal reason. The Program Administrator’s decision in relation to all aspects of the Program is final without right of appeal.
11. Any tax, liability or duty arising from your Membership to or participation in the Program is your responsibility.
12. Participating affiliates, trade partners or retailers do not have any authority, express or implied, to make any representation, warranty or statement on behalf of Upffront or the Program Administrator. Upffront and the Program Administrator accept no liability in respect of such representations, warranties or statements.
13. Any attempt to cause malicious damage or interference with the normal functioning of the Program website, or to otherwise undermine the legitimate operation of the Program may be a violation of criminal and civil laws. You agree to indemnify us any such losses, damages and costs.
14. We are not responsible for any problems or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a mobile network, or any combination thereof, or any other technical failures including any damage to an applicant’s or any other person’s mobile handset or computer related to, or resulting from, participation in the Program or the downloading of any materials related to the Program.
15. If for any reason the Program is not capable of running as planned because of infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or any other causes beyond our reasonable control, we reserve the right to cancel, terminate, modify or suspend the Program.
16. We will not be liable for the suspension or termination of the Program on any account whatsoever.
17. The use of any automated software or any other mechanical or electronic means that allows or otherwise enables or seeks to automate Program membership application, vouchers or claim gifts is strictly prohibited.
18. All membership applications and any copyright subsisting in the applications become and remain the property of Upffront.
20. In the event of any inconsistency between these Upffront Owners Club Terms & Conditions and any other document which forms part of the Program, the Upffront Owners Club Terms & Conditions will take priority.
21. You expressly understand and agree that:
22. The Program Administrator for all aspects of the Program is Upffront GmbH, Freesenberg 16, 24161 Altenholz (Nr Kiel), Germany. These Upffront Owners Club Terms & Conditions, your use of the Program and any other agreement with and the relationship between you and the Program Administrator shall be governed by the laws Germany without regard to choice of law provisions, nor shall the 1980 United Nations Convention on Contracts for the International Sale of Goods apply. You and the Program Administrator agree to submit to the personal and exclusive jurisdiction of the German courts, regardless of the fact that the Website is accessible outside Germany. Notwithstanding the foregoing, the Program Administrator may seek equitable relief, including preliminary and permanent injunction, in any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure or infringement of any intellectual property rights. The failure of the Program Administrator to exercise or enforce any right or provision of the Upffront Owners Club Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Upffront Owners Club Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Upffront Owners Club Terms & Conditions remain in full force and effect.
These General Terms shall apply in conjunction with the Specific Terms of any promotion. You should therefore read these General Terms in combination with the Specific Terms. Where any Specific Terms conflict with these General Terms, the Specific Terms will take precedence.
We may change these General Terms at any time. You should check our website regularly for any changes that apply from the date they are uploaded.
By entering any promotion you agree that you will be legally bound by both these General Terms and the Specific Terms.
All promotions are open to persons over 18 years of age at the time of entry. Where the Specific Terms state that a person aged 18 years or less is eligible to enter, we reserve the right to require that their parent or guardian confirms in writing that they agree to be bound by these terms and conditions and will accept any prize on behalf of the under-18 year old prizewinner.
It will be at Upffronts sole decision as to whether any eligibility requirement has or has not been met and we may require evidence or confirmation from entrants before awarding prizes.
Employees of Upffront and their immediate families may not enter any promotion, neither may any employees or immediate family members of any third party sponsors, third party companies associated with the promotion, prize providers or agencies assisting with the promotion operation.
Upffront assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of or unauthorized access to, or alteration of, or non-receipt of, entries. Upffront is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Upffront or an entrant because of technical problems, operator problems, social media site problems, traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to any participant's or any other third person's, resulting from any participation or downloading any materials in the promotion.
Automated Entry: the use of any automated entry software or any other mechanical or electronic means that permits any person to enter any promotion repeatedly is prohibited. No bulk, consumer group or third party entries will be accepted. These entries will be disqualified.
Names: entrants must enter promotions using their full legal name. We reserve the right to disqualify any entrant who uses multiple names or any false names and to require them to return to Upffront any prize they may have won.
Multiple Entries: Unless otherwise permitted by the Specific Terms, no person may enter any promotion more than once and persons may not enter or participate as part of a syndicate or on behalf of any other person, syndicate, group, society or company.
Retrospective Effect: where an entrant or prizewinner has not complied fully with the generic terms and specific promotion terms, or has been found to be in breach of any of the terms and conditions of a promotion and in particular where a person is in breach of the entry restrictions, Upffront may nevertheless still enforce our right to disqualify that person and require the return or reimbursement to us of any prize even where a prize has already been awarded and/or actually provided to the entrant or prizewinner in question.
Upffront reserve in all cases the right to replace the stated prizes with prizes that we consider to be of broadly equivalent value. We offer no cash alternative for non-cash prizes and prize winners must accept prizes in the form offered. Where a prize is won by a person younger than 18, we reserve the right to award the prize to the prizewinner's parent or guardian on behalf of the prizewinner.
The colour, style, size and model of the prize will be the decision of Upffronts unless stated otherwise. Any pictures depicting the prizes on any media or promotional material are for depiction purposes only and in certain instances the actual prizes may differ. The promotion does not constitute an endorsement or recommendation of the products or services being offered as prizes.
Upffront will not be liable for any prizes which are lost, delayed, or damaged in the post for reasons beyond our control.
Where prizes are to be delivered to the personal address of a winner, the prize will only be delivered to a specified address and will only be sent once. Should a prize winner's contact details change, it is their responsibility to notify us or the contact persons for the relevant promotion.
We reserve the right to request proof of a prize winner's identity in the form of a passport or driver’s license, proof of residence and proof of address in the form of a utility bill. In the event that a prize winner cannot provide us with the proofs mentioned above which are reasonably acceptable to Upffront, we may withdraw the prize and select another prize winner in the same manner as the first.
Any tax payable as a result of a prize being awarded or received will be the responsibility of the winner. Winners should seek independent financial advice prior to accepting a prize if this is a concern.
Winners shall be responsible for obtaining any insurance which may be required or prudent in relation to any prize awarded to them. We make no representation or warranty in relation to prizes provided and to the fullest extent permitted by law we shall have no liability to you in relation to any prize, its fitness for purposes, merchantability or otherwise. We reserve the right to disqualify entrants from entering our promotions or prizewinners from receiving their prizes where any such person engages in unsafe, illegal, unsociable or inappropriate behaviour.
The name(s) and county of all promotion winner(s) will be available during the period commencing one month after the promotion closing date and ending four months after the promotion closing date upon application with a SAE to the address specified in the Specific Terms.
Social Media Promotion Terms & Conditions
Where promotions are run on Facebook, Twitter or any other social media platform, you acknowledge that the promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Twitter. You understand that you are providing your information to Upffront and not to Facebook or Twitter, and that Facebook or Twitter has no liability for any element of the promotion.
By participating in any promotion involving Facebook, Twitter or any other social media platform to the extent permissible by law, you the entrant hereby release Facebook or Twitter (as applicable) from any and all claims, damages or liabilities arising from or relating to your participation in the promotion.
Where a promotion allows for entry via Facebook and/or Twitter and/or any other social media platform, entries must be made using a legitimate Facebook, Twitter, Social Media Platform account (as relevant). Entries from entrants using multiple Facebook or Twitter or other Social Media accounts are not permitted and all such entries will be disqualified and any prize award forfeited.
Where a promotion requires entry via Facebook and/or Twitter and/or any other social media platform, all participants must have access to the internet and an active Facebook or Twitter or other social media account (as applicable). If you do not have such an account you will need to create one in order to participate and you will require an active email address in order to do this. See https://support.twitter.com or https://www.facebook.com/help or account details of the specific social media platform, for more details.
Photographs, videos and intellectual property
Where any promotion requires entrants to submit a photograph, sound or video clip of any description (collectively, "Media") as a part of entry into or participation in the promotion, Entrants:
a) warrant and represent that their chosen Media: (i) is original to them (ii) is submitted in good faith and (iii) has been legally obtained and created;
b) agree that we have the right to publish and communicate to the public the Media in any media including, but not limited to, our website and social media channels, at all times without restriction or limitation throughout the world and not only for the purposes of the promotion.
By entering a promotion, in relation to their entry (including but not limited to where the entry is Media) all entrants:
a) assign to us all rights (including present and future copyright) in their entry in all media (including, without limitation, the internet) and whether in existence now or created in the future.
b) agree not to assert any moral rights in respect of their entry and related publicity materials (wherever and whenever such rights are recognised) against Upffront, its assigns, licensees and successors in title.
c) Agree Upffront is without any obligation, compensation or other liability to you or any other person featured in your entry (and you shall be responsible for ensuring the consent of any persons featured in your entry to these terms and conditions). Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner. However, Upffront shall be under no obligation to respond to any communication.
e) acknowledge that we may edit the entry in our sole discretion.
f) agree that we have the right to use entrants' names, likenesses and other personal information in conjunction with the entry.
g) agree not to bring against us any actions, suits, claims and demands in respect of defamation or any infringement or violation of any personal and/or property rights of any sort from our use of their entry.
h) unconditionally waive their right to seek or obtain an injunction to prevent or restrict our use of their entry.
i) confirm that they have the right, power and authority to grant the rights set out above and that they have obtained all consents and permissions necessary to grant us the same.
For the avoidance of doubt, all rights in the name and title of the promotion and the format rights for the promotion are our sole property and we may exploit the same at our absolute discretion.
All intellectual property remains the property of their respective owners.
Tampering and other matters
If for any reason any promotion is not capable of running as planned as a result of any (including but not limited to) technical failures, unauthorised intervention, computer virus, mobile network failure, tampering, fraud or any other causes beyond our control which corrupt or affect the administration, security, fairness, integrity or proper conduct of the promotion, we reserve the right to cancel, terminate, modify or suspend the promotion and/or any draw/s or judging related to the promotion and/or to disqualify any individual who (whether directly or indirectly) causes (or has caused) the problem.
Any attempt to deliberately damage any website used in connection with a promotion or the information on it, or to otherwise undermine the legitimate operation of the promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, Upffront reserves the right to seek damages to the fullest extent permitted by law.
Promotion administration and exclusion of liability
Upffront may vary the terms of, or terminate, a promotion at any time where it has reasonable grounds to do so at its absolute discretion without liability to any contestant or other person. Upffront will not award the prize if the promotion is terminated.
All Promoters decisions relating to the promotion and/or redemption of the prizes are final. No discussions or correspondence with entrants or any other person will be entered into.
Tiebreakers, disputes, conflicts, questions or concerns will be managed by us and, if required by law, by an independent adjudicator.
Where a promotion involves voting, the accuracy of the pooled results received by us will be deemed to be final and binding and no correspondence will be entered into.
A failure by us to enforce any one of the terms and conditions in any instance(s) will not give rise to any claim or right of action by any entrant or prize winner, nor shall it be deemed to be a waiver of any of our rights in relation to the same.
Except as specifically set out herein and to the maximum extent permitted by law, all conditions, warranties and representations expressed or implied by law are hereby excluded. To the fullest extent permitted by law, we hereby exclude and shall not have any liability to any entrant or prizewinner in connection with or arising out of any promotion howsoever caused, including for any costs, expenses, forfeited prizes, damages and other liabilities, provided that nothing herein shall operate so as to limit or exclude our liability for personal injury or death caused by our negligence. For the avoidance of doubt, this paragraph shall also apply in respect of any prize provided by a third party provider.
In the event that any provision of these General Terms or any Specific Terms are held to be illegal, invalid, void or otherwise unenforceable, it shall be severed from the remaining provisions which shall continue in full force and effect.