BASCO Boat Guru Terms of Use
Welcome and thank you for visiting BOATGURU.APP website (hereinafter the “website”). The following Terms and Conditions shall apply to the relationship between “BASCO PTE LTD (hereinafter called “BASCO”) and the end user (hereinafter referred to as “You” or “Your”). By accessing and using any part of this website, you unconditionally accept without modifications and deem legally bound by these Terms and Conditions along with the Privacy Policy as well as the manner in which BOAT GURU website operates. This is an electronically generated document that doesn’t require any physical or digital signature for its authenticity. These terms have a bearing on your legal rights and duties. Please read the entire terms and condition document carefully before accepting it. If you do not agree to these Terms and Conditions, please do not use or visit our website.
1. General Disclaimer
This site is provided only as a venue for bidders and Online Auction posters. BASCO Pte Ltd. is not involved in the actual transaction between these parties and assumes no control or liability over any issues that may arise as a result of this transaction. Sellers agree not to accept sealed bids when items are posted for Online Auction on BOATGURU.APP. Bidders and Sellers shall not engage in activities intended to avoid BOATGURU.APP or BASCO Pte Ltd fees.
2. Vessel Disclaimer
EXCEPT AS SPECIFIED HEREIN, THE SERVICES ON THIS WEBSITE ARE PROVIDED SOLELY ON AN "AS IS" BASIS. BASCO PTE LTD or BOATGURU.APP HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID IN YOUR JURISDICTION. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE PRODUCTS/SERVICES ARE SUFFICIENT FOR YOUR PURPOSES.; BASCO PTE LTD or BOATGURU.APP DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, ACCURACY, OR COMPLETENESS OF ANY OF THE PRODUCTS/SERVICES CONTAINED ON THE WEBSITE.
LIMITATION OF LIABILITY:
BASCO PTE LTD or BOATGURU.APP SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES SUFFERED AS A RESULT OF PURCHASING OR SELLING ITEMS ON THIS WEBSITE. IN NO EVENT SHALL BASCO PTE LTD or BOATGURU.APP BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEBSITE, EVEN IF BASCO PTE LTD or BOATGURU.APP HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE TO HOLD SITE OWNER HARMLESS FROM, AND YOU COVENANT NOT TO TAKE ANY LEGAL OR OTHER ACTION AGAINST SITE OWNER, ASSERTING ANY CLAIMS BASED ON OR RELATED TO THE USE OF THIS WEBSITE.
3. Information Disclaimer
The seller of the vessel is required to provide information relating to the vessel, the condition and history of the vessel as detailed and accurate as possible. BASCO or BOATGURU.APP does not guarantee the accuracy, truthfulness and completeness of any of the information provided online or otherwise for vessels sold through BASCO’s or BOATGURU.APP website or services, and the information is only provided for convenience. The information provided is not intended to and does not constitute a representation or guarantee of any kind.
4. Bidder's Legal Obligations
By participating in the online boat auction conducted on this website, you acknowledge and agree that your bids are a commitment to enter into a legally binding contract. If you are the highest bidder at the close of the online boat auction and your bid meets or exceeds the reserve price set for the boat, you are deemed to have entered into a legally binding contract to purchase the boat in its current "as-is-where-is" condition.
Upon successful bidding and meeting the reserve price, you are obligated to fulfill the following terms:
-
Deposit Requirement: A non-refundable deposit is due immediately upon the successful bid. The deposit amount shall be specified in the auction listing.
-
Settlement Period: You are required to settle the remaining balance within 3 days from the close of the auction. Failure to adhere to this timeline may result in the cancellation of the transaction and forfeiture of your deposit.
-
Condition of the Boat: You acknowledge that the boat, or any item listed on the platform is sold as-is-where-is in its current condition, without warranties, guarantees, or representations, and you accept any associated risks and responsibilities.
It is important to carefully consider your bids and ensure that you are financially able to fulfill your obligations as a successful bidder. Your participation in the auction signifies your understanding of the legal implications of bidding and your willingness to adhere to the terms outlined above.
5. Buyer's Premium and Payment Information
The buyer's premium and payment instructions associated with each listing on this online boat auction website are determined and set by the seller of the respective boat or parts or items listed for sale. The buyer's premium is an additional fee added to the winning bid amount, which is a common feature of the auction industry, both online and traditional, and contributes to the operational costs of the online auction platform. When applied to a boat purchase, the final purchase price of the boat is deemed to include the buyer's premium.
Here are the key details regarding the buyer's premium and payment information:
1. Seller's Responsibility: Sellers are responsible for configuring the buyer's premium rate and providing accurate payment instructions for their listings. This information is managed within the seller's account.
2. Single Configuration: Each seller account can have only one buyer's premium rate and one set of payment instructions at any given time. This ensures consistency and clarity for buyers throughout the online auction process.
3. Dynamic Updates: Upon the closing of an online boat auction listing, if the same seller lists another boat for sale with different buyer's premium or payment terms, all open and completed listings under that seller will be automatically updated with the new payment information and buyer's premium rates. This ensures that all potential buyers have access to the most current and accurate details.
4. Transparency: The buyer's premium rate will be clearly displayed on the seller’s online auction listing page, allowing bidders to factor it into their bidding decisions.
5. Payment Terms: Payment instructions, including methods of payment, deposit requirements, and settlement deadlines, are included in the listing and will also be provided to successful bidders upon the close of the auction. It is the buyer's responsibility to review and adhere to these instructions.
Please review the specific terms and conditions set by the seller for each auction listing, as they may vary based on the seller's preferences. By participating in the online boat auction, you acknowledge and agree to the buyer's premium and payment terms as specified by the seller.
6. Restrictions on Use of Materials
The Intellectual Property rights to or over the contents contained in this website belongs to BASCO. The contents on the website (and any derivative works or enhancements of the same) including without limitation to graphics, data, text, illustration, sound, music, video, layout, page headers, button icons, photograph, arrangements, source code, software compilations and programming (including HTML or other codes) and any other materials, contained or available in the Website are the copyrighted work of BASCO and is protected under copyrights and other intellectual property laws and relevant international treaty provisions. No such material from this website shall be reproduced, republished, uploaded, posted, transmitted or otherwise distributed in any way without the prior written consent of BASCO. All the intellectual property rights to the trade names, trade dress, trademarks, logo, service marks that may appear in the website are owned by BASCO, its licensors, affiliates or identified third parties. You thereby agree not to use, reproduce, sell, transmit, create derivate work or distribute any content from the Website. Use of our services does not entitle you to make any unauthorized use of any protected content. You may download files provided in this website onto a single computer for your own personal and non-commercial use provided that, you keep intact all accompanying copyright and other proprietary notices. You may not display, distribute or otherwise use any of the files for any commercial purpose unless you receive specific written consent from BASCO. Any such unauthorized acts is expressly prohibited by law and may result in severe civil and/or criminal penalties.
7. Registration, Password, Security and Cookies
If any pages of this website requires you to register an account, you must provide us with accurate, complete and updated information. You will also be asked to choose a username and a password. Please select a password that would not be easily guessed for security purposes. Upon learning that any person has acquired knowledge of your password or has used your password to access or use the website or effect any transaction (whether with or without your knowledge and consent), you shall
a. immediately notify BASCO thereof;
b. at BASCO’s request, make a police report thereof;
c. provide BASCO with any other information may be required; and
d. immediately change your password.
Please note that we use cookies on our website. During your use of the website, we may issue and request from your computer blocks of data known as “cookies” to enable more convenient browsing when you revisit and use this Website. A cookie is a type of data which is sent from the Website to your Internet browser software, and is stored on your computer. Storing cookies does not have any adverse effect on your computer.
8. Links to third party sites
Our website may contain links to other websites operated by third parties, such as our business partners. These third party links are not controlled by us and therefore we do not ensure and are not responsible for the availability, content and privacy practices of such third party websites. We encourage you to learn about the terms and privacy policies of such third party websites.
Once you have left our website, you should check the applicable terms, conditions and policies of the third party website to determine the conditions governing their services and how they will handle any information they collect from you.
9. Third party Content
Third party content may appear on or may be accessible via links from this website which are not maintained by BASCO. BASCO shall not be responsible and assumes no liability for any infringement, mistakes, misstatements of law, defamation, libel, slander, omissions, falsehood or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the website. BASCO disclaims all responsibility and liability for the use of linked web sites which are accessed and used entirely at your own risk.
10. Right to limit Access
BASCO reserves the right to terminate, suspend, change, update, modify or discontinue any aspect of this website from time to time. BASCO also reserves the right to impose limits on certain features and services, to deny or restrict access to parts or all of the website to any particular person, or to block access from a particular Internet address to this website, at any time, without notice or liability.
11. Prohibited Activities
Except as expressly permitted in these Terms of Use, you confirm and undertake that you will not:
(a) Use the Website in any illegal manner or any manner which encourages or promotes illegal activities;
(b) Modify, adapt, translate or reverse engineer or re-format or frame whole or any part of the Website;
(c) Upload or distribute any virus, bugs, trap doors, harmful codes or other similar software or programs that may damage the functioning of the Website or other user’s device;
(d) Violate, abuse, manipulate or exploit any terms and conditions of this Agreement or any code of conduct or other guideline as provided under the Website;
(e) Make any defamatory, derogatory, abusive, inappropriate, indecent comment or statement about BASCO and its associates and partners or any property owned by BASCO;
(f) Circumvent, disable or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content;
(g) Collect or harvest any personally identifiable information or non-personally identifiable information from our Services including, without limitation, user names, passwords, email addresses;
(h) Attempt to crawl, scrape, extract, and harvest or otherwise access any data or content of the website via any automated means or systematic means;
(i) Attempt to test the vulnerability of the Website by using unfair means to disproportionately put load on the Website’s infrastructure.
(j) Make efforts to subvert the website’s navigational structure by hacking into the Website or Website database to obtain information about our business practices that is not available for personal use.
(k) Engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.
(l) Encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity;
12. Copyright Policy and Other legal matters
12.1. We take copyright infringement claims very seriously and do not encourage the posting of any copyrighted materials at our website. We strictly follow the Singapore Copyright Act while dealing with copyright claims and Chapter 63 of the said Act provides us with legal immunity from copyright liabilities. If you believe that your work is copied and posted in our website in a way that it constitutes infringement, you may send us a takedown notice with the following information: (1) name, address, telephone number, facsimile number (if any) and email address of the complainant and the address for service in Singapore if complainant is not resident in Singapore; (2)sufficient information to enable BASCO to identify the infringing material and its online location; (3)a statement that the complainant requires BASCO to remove/disable access to the material;(4)a statement that the complainant, in good faith, believes that the material is an infringing copy;(5)a statement that the information in the take-down notice is accurate;(6)a statement that the complainant is the copyright owner or exclusive licensee or that he is authorised to act on behalf of such owner or exclusive licensee; and (7)agreement that the complainant submits to the jurisdiction of the Singapore courts.
12.2. Upon receipt of a copyright notice, we may remove the infringing content from our website if we are of firm belief that the claim submitted are genuine and infringes upon the copyright of the complainant.
12.3. You can also submit similar information to us about any alleged trademark infringement so that we can take appropriate action.
12.4. Although we prohibit the users from posting any defamatory or derogatory contents in the website, we cannot ensure no such content has been submitted. The contents posted are not reviewed prior to the submission. If you believe that any content or statement is defamatory then you may write us about the alleged defamatory content with full details of who you are and how the material is defamatory and, if we agree it is defamatory, we may remove it. However, do not attempt to sue us, whether or not we remove such material, as all the contents posted in the website are submitted by third parties and we do not hold any responsibility over the same.
All the notices of legal claim can be submitted at email: support@bascoboating.com
13. Right to Cancel or Postpone any sale/ auction
The online auction conducted by BASCO Pte Ltd may be needed to be put on hold, cancelled or postponed due to any legal issues or unforeseen circumstances. If this occurs during an active online auction, the sale may be put on hold or canceled completely as deemed necessary by BASCO Pte Ltd ("BASCO"). If /when the cancelled/ postponed lot has been cleared for sale again, BASCO may extend the current auction or re-run the lot at a later date. BASCO reserves the right to put on hold or cancel or postpone any online auction at any time up to the closing time of the auction.
14. Jurisdiction/ Venue
These terms and conditions will be governed by and construed in accordance with the laws applicable in Singapore and you agree that any claim, demand, controversy, dispute or cause of action arising out of or in relation to this Agreement, your use of our services or any vessel you bid on or purchase using our services (collectively as “claims”) will be resolved in accordance with the laws of Singapore. You and BASCO hereby irrevocably submit to the exclusive jurisdiction of Singapore.
15. Dispute Resolution
In case of dispute regarding any terms of use, both the parties agree to contact each other by written description of the problem along with the available information and proposed resolution. The person agrees to first contact BASCO with the dispute through the address mentioned in the contact us page provided in the website and BASCO would make sure that necessary steps are been taken to resolve the dispute. In the event the dispute cannot be resolved amicably within period of thirty (30) days from the date of complaint of such dispute, the parties agrees to recourse to Arbitration for such dispute resolution.
16. Extended Bidding
Industry Standard Practice: Extended Bidding in Online Auctions
In accordance with industry-standard practices, BASCO's Online Auctions and Boat Guru® Marketplace employs the concept of extended bidding to ensure fairness and accuracy in the auction process. Extended bidding replicates the traditional auction experience and offers participants a fair opportunity to place their final bids without concerns related to connectivity issues or the speed of response. It is also known as “sniper protection”.
Extended Bidding Time: Enhancing Fairness and Transparency
During the closing minutes of an auction, if a bid is placed, the auction's closing time will be automatically extended. This extension gives other participants a chance to respond and helps create a level playing field. The duration of the extended bidding time can vary and may range from 1 minute to 10 minutes, depending on the specific auction.
Simulating the In-Person Auction Experience
The extended bidding process closely mirrors the in-person auction practice of "going once, going twice, going three times...sold." Just as in a live auction, when the auctioneer calls for final bids, all participants are given ample time to respond before the gavel falls. Extended bidding grants the highest bidder the opportunity to place their ultimate bid, without the constraints of limited time or a fast-paced bidding environment.
Ensuring Equal Opportunity
Extended bidding is designed to provide an equal chance for all participants to engage in the online auction process. This practice safeguards against the potential disadvantages caused by poor internet connections or the need for lightning-fast keyboard responses. It ensures that the winning bid is a result of fair competition and well-considered decisions.
17. Owner Bidding Disclosure Clause
The Online Auction organiser hereby discloses that the owner or owner's agent of any item listed for auction on this platform reserves the right to bid on their own item, solely for the purpose of meeting the confidential reserve price. The owner may accept or reject any offer above or below the confidential reserve price at any time. Any bids placed by the owner will be included in the bidding history which is visible to all registered users.. The owner's bids will be included in the bidding process only until the reserve price is met. After the reserve price is met, there shall be no further owner bidding. It should be noted that owner bidding on their own item for sale by online boat auction is similar to the owner counter-offering a written offer in a traditional boat sale transaction. Bidding against owner bidding is a series of offers and counter offers to reach a mutually agreeable sale price or confidential reserve price, and this is the purpose of the owner bidding process. By participating in this online auction, bidders acknowledge and accept the owner's right to bid on their own item and understand that such bidding activity is solely to facilitate the sale of the item at or above the confidential reserve price and to facilitate an efficient counter-offer process for both buyers and sellers."
Your Online Auction Experience Matters
At BASCO's Online Boat Auction, we value transparency, fairness, and the satisfaction of our participants. Extended bidding is an integral part of our commitment to providing a seamless and enjoyable auction experience. If you have any questions regarding extended bidding or any other aspect of our platform, please don't hesitate to contact our dedicated support team at [email protected].
Thank you for choosing BASCO's Online Boat Auction and Boat Guru® Marketplace as your trusted destination for buying and selling boats.
Warm regards,
The BASCO Boat Guru® Team
