3263626 Nova Scotia Ltd. dba NoviMarineBrokers.com, subsidiary brands, afiliate platforms and its country specific URLs (hereinafter referred to as “NoviMarineBrokers.com”) SOFTWARE AND SERVICES AGREEMENT: THIS AGREEMENT (THE "AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND NoviMarineBrokers.com REGARDING THE USE OF its SOFTWARE AND/OR SERVICES.
General: Who am I contracting with? I agree that the NoviMarineBrokers.com Site is a website and a mere conduit for offers and acceptance to be exchanged in relation to listings of products posted for sale on the NoviMarineBrokers.com Site ("Product(s)"). When making an offer to purchase a Product or Products which is accepted, I agree that NoviMarineBrokers.com will not be a party to that agreement and will have no responsibility whatsoever for performance of the sale or delivery of the Product or Product(s) upon payment. I further agree that, when making an offer to purchase a Product or Products, I will enter into a contract of purchase with the person identified as the "Seller" on the NoviMarineBrokers.com Site and on the terms set out on the NoviMarineBrokers.com Site for payment, delivery and other material issues.
Who is Responsible for Product Descriptions and Warranties? The NoviMarineBrokers.com Site enables individuals, companies and agents to list Products for sale. It is those persons who prepare the product descriptions which appear on the site and it is those persons who are responsible for the accuracy of the descriptions and for all contractual and other warranties made with respect to the product sold. I agree and fully understand that NoviMarineBrokers.com will not be responsible or liable to me for any of the factual and other content of the information posted on the NoviMarineBrokers.com Site. If I have any complaint or claim to make in relation to the purchase of a Product on the NoviMarineBrokers.com Site, I can only make it against the person identified as the "Seller" on the Site. The Following are the terms of my agreement with NoviMarineBrokers.com with respect to my use of the NoviMarineBrokers.com Site as a "Buyer":
DEFINITIONS: "Reserve Bidding Listing" means a listing wherein remote users can bid either through absentee bids or real time bids through the internet using NoviMarineBrokers.com technology. "Seller" means a company or individual listing product for sale through NoviMarineBrokers.com or ReserveBidding.com Services. "Buyer" means a company or individual (you) purchasing product posted for sale through NoviMarineBrokers.com or ReserveBidding.com Services.
1. No Guarantee. NoviMarineBrokers.com does not guarantee or covenant the accuracy of the product description or that the images used to illustrate products are correct or do not violate trademarks or copyrights. NoviMarineBrokers.com does not guarantee or covenant that the Reserve Bidding technology, the NoviMarineBrokers.com site or any related services will meet your requirements or be uninterrupted or error-free. NoviMarineBrokers.com does not guarantee real-time performance of any service or that it will execute all online or absentee bids. NoviMarineBrokers.com HAS NOT UNDERTAKEN ANY REVIEW OR DUE DILIGENCE WITH RESPECT TO THE INFORMATION CONTAINED ON THE NoviMarineBrokers.com SITE AND PROVIDES NO GUARANTEES, COVENANTS, REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SAID INFORMATION AND ITS ACCURACY OR WITH RESPECT TO THE INTEGRITY OR SOLVENCY OF THE "SELLERS" WHO POST PROPERTY FOR SALE THROUGH THE NoviMarineBrokers.com SITE.
2. NO WARRANTIES. YOU AS BUYER AGREE THAT NoviMarineBrokers.com IS NOT PROVIDING ANY WARRANTY, COVENANT OR REPRESENTATION WITH RESPECT TO THE PRODUCTS SOLD THROUGH THE NoviMarineBrokers.com SITE AND THAT ALL SUCH WARRANTIES, COVENANTS AND REPRESENTATIONS ARE PROVIDED BY THE "SELLER" IDENTIFIED IN THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ONLY THE "SELLER" CAN PROVIDE YOU WITH WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE AS BUYER THAT THE NoviMarineBrokers.com SOFTWARE, THE DATA ENTERED INTO THE SOFTWARE, THE SELLER’S LISTING INFORMATION, OR ANY OF THE NoviMarineBrokers.com SERVICES TO BE PROVIDED MAY BE INCORRECT, OR MAY BE PUBLICLY AVAILABLE, OR MAY NOT BE OR BECOME AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING WITHOUT LIMITATION PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE SOFTWARE, ERRORS AND OMISSIONS MADE IN UPLOADING LISTING DATA, FAILURE OF TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, POWER FAILURES, SYSTEM OR SERVER FAILURE, THE TURN OF THE MILLENNIUM, TRAVEL DELAYS, INTERNET FAILURE, HACKERS, AND ACTIONS AND OMISSIONS OF THIRD PARTIES.
3. LIMITATION ON LIABILITY. YOU ASSUME ANY AND ALL DAMAGES RESULTING FROM YOUR USE OF NoviMarineBrokers.com SERVICES AND LISTING SOFTWARE AND THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE, AND THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE WHETHER PROVIDED BY NoviMarineBrokers.com OR A THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NoviMarineBrokers.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ITS AFFILIATES, ITS SUPPLIERS OR LICENSORS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL; WORK STOPPAGE; HARDWARE OR SOFTWARE DISRUPTION IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE NoviMarineBrokers.com SERVICES AND SOFTWARE, OR THE INCOMPATIBILITY OF THE SOFTWARE WITH ANY HARDWARE SOFTWARE OR USEAGE, OR NEGLIGENCE OF NoviMarineBrokers.com OR OF ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ITS AFFILIATES, ITS SUPPLIERS OR LICENSORS.
4. Bidder Services. NoviMarineBrokers.com offers Buyers the opportunity to participate online as bidders in live Reserve Bidding and to compete with other online bidders and traditional on-site bidders ("Bidder Services"). NoviMarineBrokers.com reserves the right, in our sole discretion, to add, delete or change some or all of our services at any time without notice.
5. General Eligibility for Bidder Services. Because Buyers using Bidder Services may enter into binding legal agreements to purchase goods or services being listed, you must be able to form a legally binding contract under applicable law to use NoviMarineBrokers.com Bidder Services and software. As a result, and without limiting the generality of the foregoing, NoviMarineBrokers.com's services are not available to minors.
6. Eligibility for Specific Listings. Sellers may have different standards for approving individual Reserve Bidding participants, you may be required to apply for and obtain approval to participate in a specific Reserve Bidding. Approval to participate in one Reserve Bidding listing does not guarantee approval to participate in any other Reserve Bidding. NoviMarineBrokers.com reserves the right to refuse to approve any person applying to participate in any Reserve Bidding.
7. Reserve Bidding Dates and Times. Reserve Bidding dates and times are set by the Seller and are subject to change without notice.
8. Bidder Information. Bidder Information includes any information you provide to us during the registration or bidding, in any public message area or through any email feature. You hereby represent and warrant that your Bidder Information: (a) is true and accurate; and (b) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines which may damage, detrimentally interfere with, intercept or expropriate any system, data or personal information.
9. Bids. By placing a successful bid, you are entering a binding agreement between yourself and the Seller. Bids for a particular item are subject to a minimum bid increment as posted. If you bid an amount below the minimum increment your bid will not be accepted. Once accepted, bids may not be retracted or cancelled and, upon acceptance by the Seller, constitute a binding agreement between the Buyer and Seller. Bids for an item do not apply to subsequent offerings of identical or similar items. A bid that was unsuccessful may be reinstated if a problem arises with a higher bid. Bidders placing a winning bid through Bidder Services will be notified by e-mail. Reserve bid amounts are displayed at the discretion of the Seller.
10. Taxes/ Buyer’s Premium/ Commissions. You are responsible for any taxes, buyer’s premium and commission charges applicable to the purchase of goods or services obtained through the use of Bidder Services.
11. Reserve Bidding Data. You hereby agree not to record, store, duplicate, reproduce, re-broadcast or otherwise exploit any data or audio/video content transmitted to you as part of Bidder Services (collectively, "Listing Data"). NoviMarineBrokers.com owns all right title and interest in and to all Listing Data, including all intellectual property rights therein and thereto.
12. Termination. Without limiting any other remedies, NoviMarineBrokers.com reserves the right to terminate your use of Bidder Services at its sole discretion.
13. No Agency. This Agreement does not give rise to any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between yourself and NoviMarineBrokers.com.
14. Notices. Except as explicitly stated otherwise, any notices shall be given by email to the email address you provide to NoviMarineBrokers.com during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
15. Governing Law and Language. This Agreement will be governed and construed in accordance with the laws of Nova Scotia and the laws of Canada applicable therein. All parties agree that any claim under this Agreement shall be brought in a court of competent jurisdiction in Nova Scotia.
21. Assignment. You will not assign or transfer this Agreement, or any of its rights and obligations hereunder without NoviMarineBrokers.com’s prior written consent.
22. Contact Information. Should you have any questions concerning this Agreement, or if you desire to contact NoviMarineBrokers.com for any reason, please call (866) 303-6684 or fax (902) 742-6539.
We collect information from many areas on our platforms. These include when you register with any or all of the platforms in order to participate in our services, submit a form or e-mail requesting information, and whenever you subscribe to our Newsletter, enter a competition, complete a questionnaire, leave comments in the Feedback or Contact sections which are available throughout the platforms.
The types of personal information we may gather among the different areas of the platforms may include the following: your name, contact name, billing address, shipping address, phone number, fax number, e-mail address, relevant password, User ID, credit card information.
We also automatically track certain information about you just in the course of using our platforms. This information includes the URL that you just came from and the URL you go to next, the browser you are using and your IP address. This information is gathered for system administration and to report aggregate information to our advertisers. It is common practice for most websites to collect this information automatically. We do not gather personally identifiable information from this type of user tracking.
In areas that require you to submit personal information such as our registration form, this is to allow you to participate in certain offerings such as online bidding services. For a full account of the use of personally identifying information, please see the sections below: "Who does NoviMarineBrokers.com disclose your information to?" and the section "NoviMarineBrokers.com only discloses personal information in limited circumstances as outlined in the following sections."
Cookies are used to measure certain traffic patterns, such as which area of novimarinebrokers.com you have visited, and your visiting patterns in the aggregate.
Your information is important for NoviMarineBrokers.com for internal purposes. It helps us analyze, improve and tailor our platforms to meet your needs. More specifically, NoviMarineBrokers.com may use your information to analyze site usage, to help in developing our marketing and public relations, and to improve the site's content, commercial offerings, layout and usability. If we reveal any user information for marketing or PR purposes, it is only in aggregate form and no personally identifying information that could be specifically tied to an individual is ever revealed in these circumstances.
We do not sell or rent any personally identifiable information about our users to any third party. For the purpose of advertising, visitor and user information is aggregated for reporting to advertisers and prospective partners. However, in these situations, we never disclose to these entities any information that could be used to personally identify you, such as your name, address, User ID, password, and credit card number.
Except as described in the areas listed above, NoviMarineBrokers.com will only disclose personal information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or comply with a legal process served on our Web site.
We will contact you by email (and in rare circumstances by phone or fax) in the following circumstances: (1) To confirm your registration on our site, (2) to confirm any bids you place, (3) if you are the winner of a competition on novimarinebrokers.com, (4) if a problem arises with your account, (5) we may contact you from time to time to ask for specific feedback on the site, and (6) in response to a direct enquiry or suggestion from you. NoviMarineBrokers.com may use your e-mail address and, where applicable, your mailing address, to contact you regarding administrative notices from time to time.
We will use your information for a direct mailing only if you expressly give us prior permission, which will be indicated to you. If you decide you no longer want to receive such mailings, you can remove yourself by sending an e-mail to email@example.com.
Registered Users may change their information in the following instances: If you need to change your password for any reason, please email firstname.lastname@example.org including 'Forgot Password' in the subject line. If you need to update or change your registration information, please send a request to email@example.com or alternatively login to our "MyAccount" section where you will find an area to upgrade your registration.
Security is of upmost importance to NoviMarineBrokers.com. In order to demonstrate our commitment to security of your personal information we strictly limit access to any information of a private or personal nature received in the company through use of passwords and Usernames.
Your Registration Information is password-protected so that only you have access to this personal information. We recommend that you do not divulge your password to anyone. We will never ask you for your password in an unsolicited phone call or in an unsolicited email.
IP addresses are not linked to any personally identified information. Please note that we use credit card information only to verify your account when you register with novimarinebrokers.com. It is sent over our secure server using SSL Technology, industry-wide encryption software.
While some commercial fishermen don't mind paying commission to a broker, our customers love the fact we give them different options to choose from.
Some choices involve commission, and some don't. We believe that if you decide to sell your commercial boat and bypass the broker altogether, that's your business. If you want our help along the way, we're here.
When it comes to selling,
the choice is yours.