Terms of use
Please read these terms of use carefully before using our website. We recommend you retain a copy for future reference.
These terms and conditions of use (Terms) explain how you may use our website and any of its content (Site).
These Terms apply between us and you, the person accessing or using the Site (you or your) whether for your own purposes or on behalf of another. Please read these Terms carefully before using the Site.
By using our Site or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Site immediately.
Please note that we reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
These Terms apply to any parts of the Site. Its functionality and content are provided to you free of charge for information or entertainment purposes only.
If you would like these Terms in another format (for example: audio, large print, braille), please contact us using the contact details set out below.
Use of our Site is also governed by our Privacy and Cookie policies. Your privacy and personal information are important to us. For information about what we do with personal data, see our Privacy policy. It also explains your rights and how to contact us and supervisory authorities in the event you have a query or complaint about our use of your personal information.
ABOUT US
Burgess is made up of several related companies. Accordingly, for the purposes of these Terms, “Burgess”, “we”, “us” or “our” refers to Nigel Burgess Ltd and in addition, to the Burgess group of companies identified below that you have dealings with.
BURGESS is a trading name of the companies listed below.
The Site operator is Nigel Burgess Ltd, registered in England and Wales with registration number 1203529. Its registered office is Cunard House, 15 Regent Street, St James’s, London, SW1Y 4LR and its VAT number is GB234531485.
Our in-house insurance brokerage is regulated by the Financial Conduct Authority in England (number 5726030).
We are also registered with the Information Commissioner's Office (ICO) in the UK for data protection purposes (registered number Z1718516).
YOUR ACCOUNT AND PASSWORD
In order to access your account, enter your username (in the form of an email address) and password. Treat your password and account information as confidential and keep them secure. Do not disclose such information to any third party. If you know or suspect that anyone other than you knows your password, you should promptly notify us - see CONTACT US section below. We may require you to change your password, or we may suspend or terminate your account.
USE OF OUR WEBSITE
The burgessyachts.com and .co.uk domains are owned by Nigel Burgess Ltd.
Our site is intended to provide general information and guidance about our services and marketing information. Owing to our policy of continuous development, we may change content of this Site, including specifications, prices and site content, at any time.
You will require additional consent and authorisation from Burgess and its client if you require access to information connected with our operational and/ or charter management services for a specific yacht.
While we try to make sure that the Site is available for your use, we do not promise that the Site will always be available or that your use of the Site will be uninterrupted.
We make no promise that the Site is appropriate or available for use in locations outside of the UK. If you choose to access the Site from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.
We try to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us using the contact details below.
As a condition of your use of the Site, you agree not to:
- misuse or attack our Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or
- attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site.
You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
We may prevent or suspend your access to the Site if you do not comply with these Terms or any applicable law and generally, we may refuse, terminate or suspend registration to anyone at any time.
The Site may contain hyperlinks or references to third-party advertising and websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party advertising or website does not mean that we endorse that third-party’s website, products or services unless we say otherwise. Your use of a third-party site may be governed by the terms and conditions of that third-party site and is at your own risk.
You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS
The intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (Content) are owned by us and our licensors.
We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
Nothing in these Terms grants you any legal rights in the Site or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.
Trade marks: The mark BURGESS is our trademark (registered in the United Kingdom and in other jurisdictions around the world). Other trade marks and trade names may also be used on the Site or in the Content. Use by you of any trade marks on the Site or in the Content is strictly prohibited unless you have our prior written permission
Content is protected by copyright laws and treaties around the world. All such rights are reserved and unless otherwise stated, the copyright and other intellectual property rights in all Content and material on our website along with all aspects of this website including design, text, graphics, images, applications, software and underlying source code are owned by BURGESS.
In accessing the Site, you agree that any downloading of content is for personal, non-commercial reference only. No Content or any part of the Site may be copied, reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without our prior written permission.
OUR RESPONSIBILITY TO YOU
If we breach these Terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time these Terms were formed, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
Nothing in these Terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.
No one other than us or you has any right to enforce any of these Terms.
CONTENT AND STAYING SAFE ONLINE
Fraudsters may try to get hold of sensitive information such as usernames, passwords, personal or financial information by pretending to be from trustworthy companies such as Burgess.
Burgess email addresses always end @burgessyachts.com and our primary website address is https://www.burgessyachts.com. Be particularly aware of misspelt addresses e.g. 'burgesyachts.com' or 'burgessyahcts.co.uk'. Contact your local Burgess office by phone if you are in any doubt.
Burgess will not issue instructions to amend any bank details by email. Any such instructions which appear to originate from Burgess could be fraudulent and should always be confirmed by calling a known Burgess contact.
If you think you may be a victim of fraud contact your local anti-fraud agency such as Action Fraud in the UK or the FTC’s Report Fraud in the USA.
If you believe that any content which is distributed or published by the Site is unlawful, inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details below.
We try to make sure that the Site and its Content is accurate, up-to-date and free from bugs, viruses, errors or omissions but we cannot promise that it will be. If you wish to verify the accuracy of Content, please contact us through your usual Burgess contact or using the contact details below.
Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Site and its Content and any reliance that you may place on Content is at your own risk.
You are responsible for configuring your information technology, computer programs and platform in order to access the Site. You should use your own virus protection software.
COMPLAINTS
We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details below.
If a dispute cannot be resolved using our complaint handling procedure or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.
If you do not wish to use ADR or are unhappy with the outcome of ADR, you can still bring court proceedings.
The laws of England and Wales apply to these Terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK or another country in which you live.
CONTACT US
If you have any queries or you wish to get in touch about our website, please email us or write to: Burgess, Cunard House, 15 Regent Street, St James’s, London, SW1Y 4LR, UK.
Thank you for visiting our site.
BURGESS COMPANIES
For the purpose of applicable legislation, including but not limited to the GDPR and the UK GDPR, the companies below are in the Burgess group of related companies.
• Nigel Burgess SAM
• Nigel Burgess Ltd
• Burgess Technical Services Ltd
• Burgess Crew Services (Guernsey) ICC Limited
• Burgess Yachting Financial Services Ltd
• OceanStyle Yachting Limited
• Burgess Yachts Asia PTE Ltd
• Burgess Yachts LLC
• Nigel Burgess Inc (New York)
• Nigel Burgess Inc (Florida)
• OceanStyle LLC